Wednesday, May 9, 2018
Bakery appeals to UK Supreme Court in gay-rights cake case
A bakery owned by a Christian family asked Britain's Supreme Court on Tuesday to overturn a ruling that it discriminated against a gay customer for refusing to make a cake supporting same-sex marriage.
Ashers Baking Co. in Northern Ireland refused in 2014 to make a cake iced with the "Sesame Street" characters Bert and Ernie and the slogan "Support Gay Marriage."
The owners argued they were happy to bake goods for anyone, but could not put messages on their products at odds with their Christian beliefs.
After the customer filed a lawsuit that received backing from Northern Ireland's Equalities Commission, lower courts ruled that the bakery's refusal was discriminatory.
Judges from the London-based Supreme Court heard the bakery's appeal at a special sitting in Belfast that is due to continue Wednesday.
David Scoffield, lawyer for the bakery's owners, argued Tuesday that the family should not be compelled to create a product "to which they have a genuine objection in conscience."
The Latest: Louisiana oil pipeline's impact debated in court
A court hearing over whether construction of a crude oil pipeline in an environmentally fragile Louisiana swamp will continue focused on whether enough would be done to make up for environmental impacts from the project.
An attorney for Bayou Bridge Pipeline LLC told a federal appeals court panel in Houston Monday that it'll be providing "appropriate compensation" by re-establishing forested wetlands elsewhere in the swamp.
A lawyer for environmental groups suing to stop the construction say the project's considerable impacts haven't been taken into full consideration by federal regulators. He asked the panel to not permanently throw out a previous order that had stopped construction.
At least one judge seemed to downplay concerns by environmental groups that the project is "destroying wetlands." A ruling was expected at a later date.
Supreme Court to hear appeal of Missouri death row inmate
The Supreme Court agreed Monday to review the case of a Missouri death row inmate who says his rare medical condition could cause him to choke on his own blood during an execution.
The justices said they would hear the appeal of inmate Russell Bucklew. The court blocked Bucklew's execution in March after he argued that a tumor in his throat is likely to rupture and bleed during the administration of the drugs that would be used to kill him.
Bucklew argues that subjecting him to lethal injection would violate the Constitution's ban on cruel and unusual punishment.
The issue is whether Bucklew has to show there is another method of execution available that would reduce the risk of needless suffering.
Bucklew has proposed that the state use lethal gas instead of an injection of pentobarbital, if the execution is carried out. Missouri law still provides for the option of lethal gas, but the state no longer has a gas chamber and has not used the method since 1965.
Bucklew says it is likely he would essentially suffocate for two to three minutes if he is given a drug injection. The feeling of suffocation would last no more than 30 seconds using gas, he says.
But the federal appeals court in St. Louis ruled against him and concluded that he did not prove the alternate method would reduce his suffering. The Supreme Court has previously ruled that inmates challenging a method of execution have to show that there's an alternative that is likely to be less painful.
None of the 20 inmates executed since Missouri began using pentobarbital in 2013 have shown obvious signs of pain or suffering.
Friday, November 17, 2017
US court bars Trump from reversing transgender troops policy
A federal judge on Monday barred President Donald Trump's administration
from proceeding with plans to exclude transgender people from military
service.
U.S. District Judge Colleen Kollar-Kotelly ruled that the transgender
service members who had sued over Trump's policy were likely to win their
lawsuit. She directed a return to the situation that existed before Trump
announced his new policy this summer, saying the administration had
provided no solid evidence for why a ban should be implemented.
Trump had ordered a reinstatement of the longstanding policy that barred
transgender individuals from joining the military; service members who were
revealed to be transgender were subject to discharge. Under President
Barack Obama, that policy was changed last year to allow transgender people
to serve openly.
The Trump administration may appeal Kollar-Kotelly's decision, but for now,
the proposed ban remains unenforceable under Kollar-Kotelly's preliminary
injunction.
"We disagree with the court's ruling and are currently evaluating the next
steps," said Justice Department spokesman Lauren Ehrsam.
She reiterated the department's view that the lawsuit was premature because
the Pentagon was still in the process of reviewing how the transgender
policy might evolve.
One of the attorneys handling the lawsuit, Shannon Minter of the National
Center for Lesbian Rights, said the ruling was an enormous relief to his
clients.
Tuesday, August 15, 2017
Top Vatican official to face Australian court on sex charges
The most senior Vatican official ever charged in the Catholic Church sex abuse crisis is expected to make his first court appearance in Australia on Wednesday, as he vows to clear his name in a scandal that has rattled Rome.
Cardinal George Pell, Australia's highest-ranking Catholic and Pope Francis' top financial adviser, was charged last month with sexually abusing multiple people years ago in his Australian home state of Victoria. The details of the allegations against the 76-year-old cardinal have yet to be released to the public, though police have described the charges as "historical" sexual assault offenses - meaning crimes that occurred years ago.
Pell is to appear at the Melbourne Magistrates' Court for a hearing that will likely last just minutes and deal largely with administrative matters, such as setting future court dates. Despite the routine nature of the hearing, it is expected to draw hordes of journalists, abuse survivors and spectators.
Pell took a leave of absence from his duties in Rome to return to Australia to fight the charges. He has vehemently denied the allegations, saying last month, "The whole idea of sexual abuse is abhorrent to me."
The pope has said he will wait for Australian justice to run its course before making a judgment of Pell himself.
For years, Pell has faced allegations that he mishandled cases of clergy abuse when he served as archbishop of Melbourne and, later, Sydney. But more recently, Pell became the focus of a clergy sex abuse investigation, with Victoria detectives flying to the Vatican to interview him last year.
Friday, June 16, 2017
Trump visiting Supreme Court as justices weigh travel ban
President Donald Trump is making his first Supreme Court visit at a moment of high legal drama. The justices are weighing what to do with the president's ban on travelers from six mostly Muslim countries. But the reason for his high court trip Thursday is purely ceremonial, to mark Justice Neil Gorsuch's ascension to the bench.
Trump has no role in the courtroom ceremony, but presidents often make the trip to the court from the White House to honor their nominees. While the dispute over the travel ban and other controversies have simmered during Trump's first few months in office, his choice of the 49-year-old Gorsuch for the Supreme Court won widespread praise in the legal community as well as unanimous Republican support in the Senate.
A federal judge first blocked Trump's initial travel ban in early February. The president issued a revised version in March. It never took effect after judges in Maryland and Hawaii put it on hold. Two federal appeals courts have since upheld those lower court orders.
The Trump administration has asked the Supreme Court to allow the ban to take effect immediately. Gorsuch actually has been a member of the high court since April, and he even issued his first opinion on Monday.
The investiture ceremony typically takes place before a new justice's first day on the bench, but Gorsuch was confirmed and sworn in on a tight schedule.
He filled the seat that had been held for nearly 30 years by Justice Antonin Scalia, who died in February 2016. The high court seat was vacant for nearly 14 months after Senate Republicans refused to take up President Barack Obama's nomination of Judge Merrick Garland.
Groups sue seeking court oversight of Chicago police reforms
Several leading community groups filed a class-action lawsuit against the city of Chicago Wednesday in a bid to bypass or even scuttle a draft agreement between the city and the U.S. Department of Justice that seeks to reform the nation's second largest police force without federal court oversight.
The more than 100-page lawsuit filed in U.S. District Court in Chicago argues that an overhaul of Chicago's 12,000-officer force in the wake of a damning civil rights report in January can't work without the intense scrutiny of a court-appointed monitor answerable to a judge.
"Absent federal court supervision, nothing will improve," the lawsuit says. "It is clear that federal court intervention is essential to end the historical and on-going pattern and practice of excessive force by police officers in Chicago."
While President Donald Trump's attorney general, Jeff Sessions, has expressed skepticism about court involvement, President Barack Obama's administration saw it as vital to successful reforms. Obama's Justice Department typically took a city reform plan to a judge to make it legally binding in the form of a consent decree.
Wednesday's lawsuit — which names Black Lives Matters Chicago among the plaintiffs — asks for a federal court to intervene and order sweeping reforms to end the "abusive policies and practices undergirding the alleged constitutional and state law violations."
Mayor Rahm Emanuel's administration said earlier this month that a draft deal negotiated by the city and the Justice Department — one that foresees a monitor not selected by a court — is being reviewed in Washington. Justice Department spokesman Devin O'Malle cautioned last week that "there is no agreement at this time."
A lead attorney in the new lawsuit, Craig Futterman, a University of Chicago law professor and outspoken advocate for far-reaching police reforms, said in a telephone interview that reports about the draft influenced the decision to sue now.
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