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Appeals court takes on NSA surveillance case
Top Attorney News |
2014/11/05 12:16
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A conservative gadfly lawyer who has made a career of skewering Democratic administrations is taking his battle against the National Security Agency's telephone surveillance program to a federal appeals court.
Activist attorney Larry Klayman won the first round in December, when U.S. District Judge Richard Leon, a Republican appointee, ruled that the NSA's surveillance program likely runs afoul of the Constitution's ban on unreasonable searches. The government appealed.
In court filings in preparation for Tuesday's argument, the Justice Department told three Republican-nominated appeals judges that collecting the phone data is of overriding and compelling importance to the nation's security.
Former NSA systems analyst Edward Snowden revealed the phone data collection effort a year and a half ago, triggering a debate over privacy rights and surveillance.
In New York, the U.S. Court of Appeals for the 2nd Circuit recently heard arguments in an appeal of a judge's opinion that found the surveillance program legal.
The three appeals judges in the Washington case have generally come down on the government's side on national security issues.
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Dominican Republic quits OAS's human rights court
Top Attorney News |
2014/11/05 12:15
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The Dominican Republic withdrew as a member of the Inter-American Court of Human Rights on Tuesday, leading rights activists to raise concerns about the welfare of migrants in the Caribbean country.
The announcement came just weeks after the human rights court found the Dominican Republic discriminates against Dominicans of Haitian descent, angering the government, which called the findings "unacceptable" and "biased."Last year, a Dominican court ruled that people born in the Dominican Republic to migrants living there illegally were not automatically entitled to citizenship, basically rendering thousands of people stateless.
The government has since pledged to resolve their status but has only offered residency and work permits under a new program.The Costa Rica-based Inter-American Court had given the Dominican government six months to invalidate the Dominican court's ruling.
In a 59-page ruling issued Tuesday night, the Constitutional Court said the country had to withdraw from the rights court because the Senate never issued a resolution to ratify the February 1999 agreement with the rights court as required by the Dominican constitution. |
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Supreme Court justices: Court needs diversity
Top Attorney News |
2014/10/28 15:53
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U.S. Supreme Court Justices Clarence Thomas and Sonia Sotomayor expressed concern Saturday about the lack of diverse legal and life experience among those who sit on the country's highest court.
Both are Yale University alumni and Thomas noted that all nine Supreme Court justices attended either Yale or Harvard University. He said everyone should be concerned that the nation's highest court has "such a strong Northeastern orientation."
Thomas, Sotomayor and Justice Samuel Alito, also a Yale alumnus, shared the stage Saturday when they were honored at the Connecticut school's alumni weekend. They were awarded the Yale Law School Association Award of Merit at the event. The six other Supreme Court justices all attended Harvard's law school.
"I do think we should be concerned that virtually all of us are from two law schools," Thomas said to an audience of Yale alumni and students. "I'm sure Harvard and Yale are happy, but I think we should be concerned about that. I think we should also be concerned that we have such a strong Northeastern orientation ... But I couldn't say that somebody who's a colleague of mine shouldn't be there." |
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Top Attorney News |
2014/10/28 15:53
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Court takes up hear religious bias case over hijab
Top Attorney News |
2014/10/03 14:01
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The Supreme Court said Thursday it will consider whether retailer Abercrombie & Fitch discriminated against a Muslim woman who was denied a job because her headscarf conflicted with the company's dress code, which the clothing chain has since changed.
The justices agreed to hear the Obama administration's appeal of a lower court decision that ruled the New Albany, Ohio-based company did not discriminate because the job applicant did not specifically say she needed a religious accommodation.
At issue is how employers must deal with laws that require them to make allowances for a worker's religious practices, as long as doing so does not cause the business too much hardship.
A federal judge initially sided with the Equal Employment Opportunity Commission, which sued on behalf of Samantha Elauf. The agency alleged Elauf wasn't hired at a Tulsa, Oklahoma, store because her hijab violated Abercrombie's "look policy," described at the time as a "classic East Coast collegiate style."
But the 10th U.S. Circuit Court of Appeals reversed that decision. The appeals court said Elauf never directly informed her interviewer she needed a religious accommodation, even though she was wearing the headscarf during her interview. |
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