|
|
|
US Supreme Court denies Nevada church’s appeal of virus rule
Court Watch |
2020/07/25 02:57
|
A sharply divided U.S. Supreme Court denied a rural Nevada church’s request late Friday to strike down as unconstitutional a 50-person cap on worship services as part of the state’s ongoing response to the coronavirus.
In a 5-4 decision, the high court refused to grant the request from the Christian church east of Reno to be subjected to the same COVID-19 restrictions in Nevada that allow casinos, restaurants and other businesses to operate at 50% of capacity with proper social distancing.
Calvary Chapel Dayton Valley argued that the hard cap on religious gatherings was an unconstitutional violation of its parishioners’ First Amendment rights to express and exercise their beliefs.
Chief Justice John Roberts sided with the liberal majority in denying the request without explanation.
Three justices wrote strongly worded dissenting opinions on behalf of the four conservatives who said they would have granted the injunctive relief while the court fully considers the merits of the case.
“That Nevada would discriminate in favor of the powerful gaming industry and its employees may not come as a surprise, but this Court’s willingness to allow such discrimination is disappointing,” Justice Samuel Alito wrote in a dissent joined by Clarence Thomas and Brett Kavanaugh.
“We have a duty to defend the Constitution, and even a public health emergency does not absolve us of that responsibility,” Alito said. “The Constitution guarantees the free exercise of religion. It says nothing about freedom to play craps or blackjack, to feed tokens into a slot machine or to engage in any other game of chance.”
Kavanaugh also wrote his own dissent, as did Justice Neil Gorsuch, who said today’s world “with a pandemic upon us, poses unusual challenges.”
“But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel,” Gorsuch wrote.
David Cortman, senior counsel for Georgia-based Alliance Defending Freedom representing the church, said in an email sent to The Associated Press late Friday that they were disappointed in the ruling but will continue to work to protect Calvary Chapel and others “from discriminatory policies that put religious groups at the back of the line for reopening.”
“When the government treats churches worse than casinos, gyms, and indoor amusement parks in its COVID-19 response, it clearly violates the Constitution,” he said.
The governor’s office didn’t immediately respond to a request for comment. |
|
|
|
|
|
|
Given a chance, Trump would push court pick before election
Court Watch |
2020/07/16 22:16
|
President Donald Trump and Senate Majority Leader Mitch McConnell have tried to make it clear: Given the chance, they would push through a Supreme Court nominee should a vacancy occur before Election Day.
The issue has taken on new immediacy with the disclosure Friday that Justice Ruth Bader Ginsburg is receiving chemotherapy for a recurrence of cancer after four earlier bouts with the disease. The 87-year-old liberal, who apologized in 2016 for her pointed public criticism of Trump during his first campaign, says she has no plans to retire.
The development has focused even more on what's at stake this election, with the winner in position to help shape the trajectory of the court for years to come.
Trump administration officials have underscored that Trump would not hesitate to fill an opening before voters have their say Nov. 3, less than four months away, on whether to give him a second term.
Four years ago, also in a presidential election year, the GOP-controlled Senate refused to vote when President Barack Obama, a Democrat, nominated Merrick Garland, a federal judge, to succeed Justice Antonin Scalia after his death in February. Nine months before that year's election, McConnell said voters should determine who would nominate the person to fill that seat.
|
|
|
|
|
|
|
Ex-Trump lawyer Michael Cohen back in federal prison
Court Watch |
2020/07/14 16:42
|
President Donald Trump’s former personal lawyer and fixer, Michael Cohen, was returned to federal prison Thursday, after balking at certain conditions of the home confinement he was granted because of the coronavirus pandemic.
Records obtained by The Associated Press said Cohen was ordered into custody after he “failed to agree to the terms of Federal Location Monitoring” in Manhattan.
But Cohen’s attorneys disputed that, saying Cohen took issue with a condition of his home confinement that forbid him from speaking with the media and publishing a tell-all book he began working on in federal prison. The rules also prohibited him from “posting on social media,” the records show.
“The purpose is to avoid glamorizing or bringing publicity to your status as a sentenced inmate serving a custodial term in the community,” the document says.
Cohen has written a tell-all book that he had been preparing to publish about his time working for the Trump Organization, his lawyers said.
“Cohen was sure this was written just for him,” his attorney, Jeffrey Levine, said of the home confinement conditions. “I’ve never seen anything like this.”
A Justice Department official pushed back on that characterization and said Cohen had refused to accept the terms of home confinement, specifically that he submit to wearing an ankle monitor. The official could not discuss the matter publicly and spoke to AP on condition of anonymity.
Cohen legal adviser Lanny Davis called that “completely false,” adding that “at no time did Michael ever object to the ankle bracelet.”
Cohen later agreed to accept all of the requirements of home confinement but was taken into custody nevertheless, Davis said. “He stands willing to sign the entire document if that’s what it takes” to be released.
|
|
|
|
|
|
|
Appeals court orders dismissal of Michael Flynn prosecution
Court Watch |
2020/06/25 23:57
|
A divided federal appeals court on Wednesday ordered the dismissal of the criminal case against President Donald Trump’s former national security adviser Michael Flynn, turning back efforts by a judge to scrutinize the Justice Department’s extraordinary decision to drop the prosecution.
The U.S. Circuit Court of Appeals for the District of Columbia said in a 2-1 ruling that the Justice Department’s move to abandon the case against Flynn settles the matter, even though Flynn pleaded guilty as part of special counsel Robert Mueller’s Russia investigation to lying to the FBI.
The ruling, a significant win for both Flynn and the Justice Department, appears to cut short what could have been a protracted legal fight over the basis for the government’s dismissal of the case. It came as Democrats question whether the Justice Department has become too politicized and Attorney General William Barr too quick to side with the president, particularly as he vocally criticizes, and even undoes, some of the results of the Russia investigation.
The House Judiciary Committee held a hearing Wednesday centered on another unusual move by Barr to overrule his own prosecutors and ask for less prison time for another Trump associate, Roger Stone. Barr has accepted an invitation to testify before the panel on July 28, a spokeswoman said Wednesday, and he will almost certainly be pressed about the Flynn case. |
|
|
|
|
|
|
Ohio to U.S. Supreme Court: Keep signature rules in place
Court Watch |
2020/06/23 23:47
|
The state of Ohio continued Monday to defend its right to impose normal signature requirements on ballot issue campaigns amid the global pandemic.
Uncertainty over the question prompted a voting-rights campaign to suspend its ballot effort last week, but minimum wage and marijuana decriminalization issues remain.
In a filing with the U.S. Supreme Court, Republican Attorney General Dave Yost’s attorneys argued that a lower court judge who had temporarily relaxed the rules effectively “rewrote Ohio’s Constitution and Revised Code.”
The state also argued that changing signature-gathering rules now would lead to “last-minute confusion” and the possible wrongful passage of issues this fall. The argument has an ironic twist, since some of the delay pushing the campaigns closer to the signature deadline has been caused by the litigation itself.
U.S. District Court Judge Edmund Sargus Jr. set up the more flexible rules in a May 19 decision. They would have allowed campaigns promoting minimum wage, voting rights and marijuana issues to collect signatures electronically. Sargus had also extended the deadline for submitting signatures by about a month, to July 31.
The U.S. 6th Circuit Court of Appeals blocked those less restrictive rules from kicking in. Justices have been asked to decide whether failing to accommodate ballot campaigns during the time of COVID-19 violates their constitutional right to access Ohio’s ballot.
A decision by the justices will no longer help what was the most high-profile of Ohio’s fall ballot campaigns. Ohioans for Safe and Secure Elections, which advanced election-law changes aiming to make voting easier, suspended its campaign last week as its protracted fight to proceed with the effort neared the June 30 filing deadline. |
|
|
|
|
|
|
Law Firm & Attorney Directory |
| Law Firm PR News provides the most current career information of legal professionals and is the top source for law firms and attorneys. |
| Lawyer & Law Firm Directory |
|
|
Law Firm PR News RSS
