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Court Won't Hear Case On Ban Against Homeless
Lawyer World News |
2019/12/18 09:29
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The Supreme Court on Monday declined to hear an appeal in a case originating from Boise, Idaho, that would have made it a crime to camp and sleep in public spaces.
The decision to let a ruling from the 9th Circuit Court of Appeals stand is a setback for states and local governments in much of the West that are grappling with widespread homelessness by designing laws to regulate makeshift encampments on sidewalks and parks.
The case stems from a lawsuit filed nearly a decade ago. A handful of people sued the city of Boise for repeatedly ticketing them for violating an ordinance against sleeping outside. While Boise officials later amended it to prohibit citations when shelters are full, the 9th Circuit eventually determined the local law was unconstitutional.
In a decision last year, the court said it was "cruel and unusual punishment" to enforce rules that stop homeless people from camping in public places when they have no place else to go. That means states across the 9th Circuit can no longer enforce similar statutes if they don't have enough shelter beds for homeless people sleeping outside. |
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Gov. Kelly to appoint first Supreme Court justice
Lawyer World News |
2019/12/16 09:29
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The Kansas Supreme Court will have a new member and a new chief justice next week.
Democratic Gov. Laura Kelly plans to have a Monday news conference to name a replacement for former Justice Lee Johnson, who retired in September. Meanwhile, Justice Marla Luckert is set to become the state court system’s top official Tuesday when current Chief Justice Lawton Nuss retires.
Kelly’s appointment Monday will be her first to the seven-member court, and she’ll fill a second spot by mid-March because of Nuss’ retirement. Luckert has served on the high court since 2003 and is second in seniority to Nuss.
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Court to consider bathroom use by transgender student
Lawyer World News |
2019/12/06 00:35
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A transgender student’s fight over school bathrooms comes before a federal appeals court Thursday, setting the stage for a groundbreaking ruling.
The 11th U.S. Circuit Court of Appeals in Atlanta will hear arguments about whether a Florida school district should be ordered to allow students to use the bathroom that matches their gender identity.
Drew Adams, who has since graduated from Nease High School in Ponte Vedra, won a lower court ruling last year ordering the St. Johns County school district to allow him to use the boys’ restroom. The district has appealed, arguing that although it will permit transgender students to use single-occupancy, gender-neutral restrooms, it shouldn’t be forced to let students use the restroom of the gender they identify with.
The 11th Circuit could become the first federal appeals court to issue a binding ruling on the issue, which has arisen in several states. The ruling would cover schools in Florida, Georgia and Alabama, and could carry the issue to the U.S. Supreme Court.
The 4th Circuit had ruled in favor of a Virginia student, but the Supreme Court sent the case back down for further consideration. That’s because the U.S. Department of Education, under President Donald Trump, withdrew guidance that said federal law called for treating transgender students equally, including allowing them to use the bathroom that matches their gender identity. |
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Afghanistan probe appeal begins at Hague international court
Lawyer World News |
2019/12/03 00:36
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The International Criminal Court opened a three-day hearing Wednesday at which prosecutors and victims aim to overturn a decision scrapping a proposed investigation into alleged crimes in Afghanistan’s brutal conflict.
Fergal Gaynor, a lawyer representing 82 Afghan victims, called it “a historic day for accountability in Afghanistan.”
In April, judges rejected a request by the court’s prosecutor, Fatou Bensouda, to open an investigation into crimes allegedly committed by the Taliban, Afghan security forces and American military and intelligence agencies.
In the ruling, which was condemned by victims and rights groups, the judges said that an investigation "would not serve the interests of justice" because it would likely fail due to lack of cooperation.
The decision came a month after U.S. Secretary of State Mike Pompeo banned visas for ICC staff seeking to investigate allegations of war crimes and other abuses by U.S. forces in Afghanistan or elsewhere.
“Whether the two events are in fact related is unknown, but for many ? victims as well as commentators ? the timing appeared more than coincidental,” said lawyer Katherine Gallagher, who was representing two men being held at the Guantanamo Bay detention facility.
The United States is not a member of the global court and refuses to cooperate with it, seeing the institution as a threat to U.S. sovereignty and arguing American courts are capable of dealing with allegations of abuse by U.S. nationals.
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Court won’t revive suit against gun site over spa shooting
Lawyer World News |
2019/11/26 12:58
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The Supreme Court won’t revive a lawsuit against a firearms website over a suburban Milwaukee spa shooting.
The justices rejected an appeal Monday from the daughter of one of three people shot to death by a man who illegally bought a semi-automatic pistol and ammunition from someone he met through Armslist.com.
The Wisconsin Supreme Court dismissed the suit, ruling that federal law protects website operators from liability for posting content from a third party. The state court rejected arguments that websites that enable gun deals must take reasonable care to prevent sales to people prohibited from purchasing firearms. The Wisconsin shooter was under a court order that prohibited him from possessing guns. |
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