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Chicago's lawsuit over sanctuary city threat goes to court
Court Watch |
2017/09/10 09:01
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Chicago is asking a federal judge to block President Donald Trump's administration from following through on its threat to withhold public safety grants to so-called sanctuary cities.
Attorneys for the city will be in court Monday to argue their case. Mayor Rahm Emanuel has said Chicago won't "be blackmailed" into changing its values as a city welcoming of immigrants.
Trump's policy stands to withhold public safety grants unless cities agree to tougher enforcement of immigrations laws. Chicago is among several cities refusing to cooperate.
Chicago sued the U.S. Department of Justice last month, arguing the new federal requirements are unconstitutional.
U.S. Attorney General Jeff Sessions has warned that Chicago would forfeit its rights to the federal funds if it insists on violating the "rule of law."
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Supreme Court Backs Dayton Veto of Legislature Budget
Court News |
2017/09/09 09:02
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The Minnesota Supreme Court says Gov. Mark Dayton’s veto of the Legislature’s budget was constitutional.
The ruling Friday is counter to a lower-court ruling this summer that Dayton had acted unconstitutionally, but is not the last word in the case. The high court ordered the two sides to hire a mediator, by Tuesday, to resolve the dispute outside the courts.
The months-long legal battle arose this spring when Dayton line-item vetoed lawmakers’ $130 million operating budget. Dayton says he wanted to force lawmakers to rework costly tax breaks and other measures he signed into law, but the Legislature instead sued.
The state’s highest court was tilted firmly in Dayton’s favor. He had appointed four of the six justices presiding in the case.
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Abortion clinic dispute to be argued in Ohio Supreme Court
Headline Legal News |
2017/09/08 09:02
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A dispute over whether to shut down Toledo's last abortion clinic is headed to the Ohio Supreme Court Tuesday, in a case both sides view as pivotal.
At issue in oral arguments will be the state health department's 2014 order shutting down Capital Care of Toledo for lack of a patient-transfer agreement, which would formally authorize the transfer of patients from the clinic to a local hospital.
Such agreements were mandated, and public hospitals barred from providing them, under restrictions Ohio lawmakers passed in 2013. The change prompted the University of Toledo Hospital, which is public, to withdraw from its transfer arrangement with Capital Care.
The clinic sued and won in the lower courts, which ruled the restrictions were unconstitutional. Judges have allowed the clinic to continue operating as the legal dispute continues.
Republican Attorney General Mike DeWine appealed to the high court last year, asking that justices uphold the state's action and shut the clinic down. In a divided vote in March, the court agreed to take up the case.
After the Republican-controlled state Legislature opted to outlaw transfer agreements with public hospitals, Capital Care went out of state, negotiating its required agreement with the University of Michigan Health System in Ann Arbor.
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EU court rejects Hungary, Slovakia appeal in refugee case
Headline Legal News |
2017/09/06 08:48
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The European Union's top court on Wednesday rejected legal action by Hungary and Slovakia to avoid accepting refugees under an EU scheme, a decision seen as a victory for countries bearing the greatest burden of Europe's migrant wave.
In a long-awaited ruling, the European Court of Justice said that it had "dismissed in its entirety the actions brought by Slovakia and Hungary."
EU countries agreed in September 2015 to relocate 160,000 refugees from Greece and Italy over two years, but only around 27,700 people have been moved so far. Hungary and Slovakia were seeking to have the legally binding move annulled.
Hungary and Poland have refused to take part in the scheme, while so far Slovakia has accepted only a handful of refugees from Greece.
The refugee scheme was adopted by the EU's "qualified majority" vote — around two thirds — and the ECJ held that this was appropriate, saying the EU "was not required to act unanimously" on this decision.
The court also noted that the small number of relocations so far is due to a series of factors that the EU could not really have foreseen, including "the lack of cooperation on the part of certain member states."
Slovakian Prime Minister Robert Fico said he respected the court decision, but that his government still does not like the relocation scheme, which some see as a system of quotas imposed on countries by unelected EU bureaucrats in Brussels.
"We fully respect the verdict of the European Court of Justice," Fico told reporters, adding that his country's negative stance on the relocation plan "has not changed at all."
Fico said the scheme was a temporary solution. He says he believes his country doesn't face any sanctions from the EU over its stance. EU officials say the relocation of eligible asylum-seekers in Greece and Italy will continue even after the scheme ends.
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NC appeals court restores man's lawsuit against wife's lover
Court Watch |
2017/09/05 08:48
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A jilted husband's lawsuit against a doctor accused of stealing his wife's love can proceed after a North Carolina appeals court ruled Tuesday that the husband can continue suing the spouse's lover, seeking damages.
The state Court of Appeals decision resurrects a lawsuit that a trial judge had thrown out in Forsyth County, whose seat is Winston-Salem. The judge ruled that state law violates a person's constitutional free speech and free expression rights to engage in intimate sexual activity and expression with other consenting adults.
North Carolina is one of only about a half-dozen states that still allow lawsuits accusing a cheating spouse's lover of alienation of affection and criminal conversation.
"These laws were born out of misogyny and in modern times are often used as tools for enterprising divorce lawyers seeking leverage over the other side," Judge Richard Dietz wrote in the unanimous ruling by a three-judge panel. Nevertheless, such lawsuits "are designed to prevent and remedy personal injury, and to protect the promise of monogamy that accompanies most marriage commitments."
The court said Marc Malecek filed the lawsuit after his wife, a nurse, had an affair in 2015 with Dr. Derek Williams, a physician at the hospital where the woman works. Williams challenged the laws as unconstitutional, citing a 2003 U.S. Supreme Court decision voiding a Texas law outlawing homosexual acts because liberty meant allowing adults to make their own decisions about conduct.
Williams argued that the state laws "target extra-marital intimacy or sex because the State disapproves of expressing that intimacy while married to someone else," Dietz wrote.
The largest alienation award in state history was in 2011, when a Wake County judge awarded $30 million to the former wife of a Raleigh business owner. The ex-wife had sued the businessman's current spouse. |
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