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Simple math suggests complex back story at Supreme Court
Headline Legal News | 2020/06/17 10:22
Organizers of a Michigan ballot drive to prohibit discrimination against gay, lesbian and transgender people said Monday they were evaluating whether to continue following a major victory in the U.S. Supreme Court.

Fair and Equal Michigan launched the ballot effort in January after years of being unable to pass LGBT protections through the Republican-led state Legislature. The proposal would change a 1976 civil rights law that bans discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.

The Supreme Court ruled Monday that a key provision of a 1964 federal law that bars job discrimination due to sex encompasses bias against LGBT workers. The 6-3 decision does not directly affect discrimination in housing or public facilities.

One of the lawsuits was brought by a Detroit-area transgender woman who was fired by a funeral home after she no longer wanted to be recognized as a man. Aimee Stephens died last month.

Trevor Thomas, co-chairman of the ballot committee, called the ruling “great news” and said the group’s lawyer would advise “how it will impact people in the state of Michigan and our campaign moving forward.”


Tennessee Supreme Court delays second execution due to pandemic
Headline Legal News | 2020/06/14 09:52
The Tennessee Supreme Court on Friday issued a stay of execution for a second death row inmate because of the coronavirus pandemic. Byron Black's execution was scheduled for Oct. 8, but the court moved it to April 8, 2021.

Attorneys for the 64-year-old Black had said the pandemic made it impossible to have a hearing on whether Black is competent to be executed. They also wrote that the health crisis is interfering with his ability to prepare for a clemency request.

The court also extended until January Black's deadline for a petition alleging incompetence. The previous deadline was next month. "The stay will help protect guards, witnesses, attorneys representing the prisoners, attorneys for the State, and everyone else involved in these cases," said Kelley Henry, supervisory assistant federal public defender.

Henry said Black has mental defects and medical issues. "For the court to evaluate Mr. Black's competency, it would need to hear from mental health experts who are out of state and can't travel to Tennessee to examine Mr. Black in the prison at this time," Henry said. "The stay in Mr. Black's case was absolutely necessary."

Tennessee's attorney general opposed Black's motion to delay his execution. Attorney General Herbert Slatery wrote in Supreme Court filings that attorneys for Black and another inmate who sought a stay, Harold Nichols, were speculating about future public health conditions in their delay requests.

Black was convicted by a Nashville court of murdering his girlfriend Angela Clay and her daughters Latoya, 9, and Lakesha, 6, at their home in 1988. Prosecutors said he shot the three during a jealous rage. Black was on work release at the time for shooting and wounding Clay's estranged husband.



Senate panel advances McConnell ally for DC appeals court
Headline Legal News | 2020/06/05 09:15
The Senate Judiciary Committee has advanced the nomination of a 38-year-old judge and ally of Senate Majority Leader Mitch McConnell to serve on a federal appeals court, despite Democrats’ objections that he’s inexperienced and biased against the Obama health care law.

The panel's 12-10, party-line vote Thursday sets the stage for Justin Walker’s likely confirmation in the GOP-controlled Senate.

Walker, a protege of both McConnell and Supreme Court Justice Brett Kavanaugh, told senators last month that he will have an open mind on the Affordable Care Act, adding that he was writing as an academic and commentator when he criticized as “indefensible” a Supreme Court ruling upholding the law.

Walker, who was confirmed as a federal judge last fall, declined a request by Senate Democrats to recuse himself on matters related to the health care law if he’s confirmed to the U.S. Court of Appeals for the District of Columbia Circuit. The court is widely considered the second-most powerful in the nation and frequently serves as a launching pad for a seat on the Supreme Court. Four current justices, including Kavanaugh, served on the D.C. circuit.

Sen. Dick Durbin of Illinois, the No. 2 Senate Democrat, called Walker's nomination a travesty and an affront to other, more qualified conservative judges.


Netanyahu heads to court as 1st sitting Israeli PM on trial
Headline Legal News | 2020/05/21 12:34
Israeli Prime Minister Benjamin Netanyahu is lashing out at Israel’s justice system, saying his trial on corruption charges is an attempt to “depose” him.

Prime Minister Benjamin spoke Sunday as he arrived at a Jerusalem courthouse for the start of his trial. Netanyahu is set to appear at the opening hearing at a Jerusalem district court, after his request to have his lawyers represent him instead was rejected. The courthouse was drawing crowds of supporters, protesters and media hoping to witness Netanyahu enter the building, where he will hear the arraignment against him.

The dramatic scene comes just days after the long-serving leader swore in his new government, breaking more than a year of political stalemate following three inconclusive elections.

Netanyahu held his first Cabinet meeting with the new government just hours before heading to court. Neither he nor any of his ministers addressed the looming trial but the country's outgoing religious affairs minister wished Netanyahu that “God will bring the truth out” at his trial.

Netanyahu faces charges of fraud, breach of trust, and accepting bribes in a series of corruption cases stemming from ties to wealthy friends. He is accused of accepting lavish gifts and offering to grant favors to powerful media moguls in exchange for favorable coverage of him and his family. He denies the charges and has lashed out at the media, police, prosecution and courts of forging a conspiracy to oust him. It comes after years of scandals swirling around the family.



Senate OKs appointment of Pima County judge to US court
Headline Legal News | 2020/05/18 12:36
The U.S. Senate has confirmed President Donald Trump's appointment of Pima County Superior Court Judge Scott Rash as a U.S. District Court judge for Arizona.

The Senate's vote Tuesday on confirmation of Rash's appointment was 74-20..

Trump nominated Rash last September to fill a vacancy created in April 2018 by Judge Cindy Jorgenson's shift to senior status.

The Senate Judiciary Committee held a hearing on Rash's appointment last year and formally endorsed it in January.

Then-Gov. Jan Brewer appointed Rash as a Superior Court judge in 2010. He previously worked in private practice with a Tucson law firm and before that as an Arizona assistant attorney general.

Republican Sen. Martha McSally said Rash has a strong work ethic and is fair-minded and will be an excellent federal judge.


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