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High court could soon signal view on Trump immigration plans
Court News | 2017/05/15 16:12
Supreme Court decisions in a half-dozen cases dealing with immigration over the next two months could reveal how the justices might evaluate Trump administration actions on immigration, especially stepped-up deportations.

Some of those cases could be decided as early as Monday, when the court is meeting to issue opinions in cases that were argued over the past six months.

The outcomes could indicate whether the justices are retreating from long-standing decisions that give the president and Congress great discretion in dealing with immigration, and what role administration policies, including the proposed ban on visits to the United States by residents of six majority Muslim countries, may play.

President Trump has pledged to increase deportations, particularly of people who have been convicted of crimes. But Supreme Court rulings in favor of the immigrants in the pending cases “could make his plans more difficult to realize,” said Christopher Hajec, director of litigation for the Immigration Reform Litigation Institute. The group generally supports the new administration’s immigration actions, including the travel ban.

For about a century, the court has held that, when dealing with immigration, the White House and Congress “can get away with things they ordinarily couldn’t,” said Temple University law professor Peter Spiro, an immigration law expert. “The court has explicitly said the Constitution applies differently in immigration than in other contexts.”

Two of the immigration cases at the court offer the justices the possibility of cutting into the deference that courts have given the other branches of government in this area. One case is a class-action lawsuit brought by immigrants who’ve spent long periods in custody, including many who are legal residents of the United States or are seeking asylum. The court is weighing whether the detainees have a right to court hearings.


Appeal in boy's burp arrest case relies on Gorsuch dissent
Court News | 2017/05/12 16:13
One of Neil Gorsuch's sharpest dissents as an appeals court judge came just six months before he was nominated for the Supreme Court.

That's when he sided with a New Mexico seventh-grader who was handcuffed and arrested after his teacher said the student had disrupted gym class with fake burps.

Nearly a year later, Gorsuch sits on the nation's higher court and the boy's mother is asking the justices to take up her appeal. She's using Gorsuch's words to argue that she has a right to sue the officer who arrested her son.

The court could act as early as Monday, either to deny the case or take more time to decide.

Justices typically withdraw from cases they heard before joining the Supreme Court, which means Gorsuch probably would not have any role in considering this one. But that hasn't stopped lawyers for the mother from featuring his stinging dissent prominently in legal papers. Gorsuch said arresting a "class clown" for burping was going "a step too far."

"If a seventh-grader starts trading fake burps for laughs in gym class, what's a teacher to do?" Gorsuch wrote. "Order extra laps? Detention? A trip to the principal's office? Maybe. But then again, maybe that's too old school. Maybe today you call a police officer. And maybe today the officer decides that, instead of just escorting the now compliant thirteen-year-old to the principal's office, an arrest would be a better idea."

Whether the Supreme Court ultimately takes the case or not may have nothing to do with Gorsuch. The justices have repeatedly turned away disputes over school disciplinary policies. Or they may decide it's not important enough for the court to intervene.

The appeal comes as some school districts have been rolling back "zero tolerance" discipline policies that expanded in the 1990s. The shift is aimed at preventing students from getting caught up in the criminal justice system.



New Mexico Supreme Court won't restore funds to Legislature
Court News | 2017/05/11 16:13
The New Mexico Supreme Court on Thursday rejected a request to override budget vetoes, leaving negotiations about how to solve the state's budget crisis — and restore funding to the Legislature — in the hands of the governor and lawmakers.

In a two-page order, the court said it was too soon to consider any possible constitutional violations related to Gov. Susana Martinez's vetoes of all funding for the Legislature and state universities in the coming fiscal year.

The order said the Legislature's lawsuit was "not ripe for review," siding with attorneys for the governor who cautioned justices against an abuse of their judicial power.

The Republican governor has called a special session for May 24 in an attempt to resolve the state budget crisis linked to faltering tax revenues and a weak state economy.

The Democratic-led Legislature had argued that Martinez overstepped her authority by defunding the legislative branch of government and all state institutions of higher education.

Martinez had urged the state Supreme Court to stay out of budget negotiations and said her vetoes were made in pursuit of reductions to state spending and never sought to abolish the Legislature.

Thursday's ruling sent lawmakers and the governor back to the negotiating table with no signs of agreement on how to shore up wobbly state finances.

"We need to have a little love, and there is not much love going around right now," said Republican Sen. Bill Sharer, R-Farmington, describing distrust that stands in the way of a budget deal and related tax reforms.

For the upcoming special session, Martinez has outlined rough proposals to restore most vetoed funding for the fiscal year starting July 1. Democratic lawmakers say the proposals are linked to untenable tax revenue increases on nonprofits and food.

The governor's office issued a statement praising the court decision and prodding legislative leaders to abandon a proposed tax increase on gasoline sales designed to shore up state finances.


Court: Gay couple's suit against Kentucky clerk can proceed
Court News | 2017/05/01 04:31
A federal appeals court says a gay couple's lawsuit seeking damages from a Kentucky county clerk who refused to issue them a marriage license can proceed. The ruling revives an issue that pulled the state into the center of a national debate over same-sex marriages following a historic Supreme Court ruling.

David Ermold and David Moore tried to get a marriage license in Rowan County, Kentucky, in June 2015 after the U.S. Supreme Court ruled same-sex marriage bans were unconstitutional. But Kim Davis, the county clerk, refused to issue them a license because she said it violated her religious beliefs.

Ermold and Moore sued, along with several other couples. Davis lost, and spent five days in jail for refusing to follow a court order. The dispute thrust the embattled clerk into the national limelight and prompted same-sex marriage opponents across the country to rally behind her. A Republican congressman from Ohio gave her a ticket to former President Barack Obama's State of the Union address. And she met with Pope Francis in Washington, although that encounter quickly sent the Vatican scrambling to distance itself from the controversy.

Davis has since changed her party affiliation to Republican, saying the Democratic Party had abandoned her. Ermold and Moore want Davis to pay damages for the emotional distress caused by her refusal to issue them a license. Ermold and Moore were not the first couple to be denied a license. But they filmed their rejection and uploaded it to YouTube, which has been viewed more than 1.8 million times.

Liberty Counsel, a Florida-based law firm specializing in religious-liberty issues, has represented Davis throughout the case. The firm also represents former Alabama Supreme Court Chief Justice Roy Moore, who ordered state probate judges to continue to enforce that state's ban on same-sex marriage despite the U.S. Supreme Court ruling. Moore was removed from his post because of his order. He is now running for U.S. Senate.


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