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US heads to court to build Trump border wall in Texas
Court News |
2019/12/20 10:54
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Three years into Donald Trump’s presidency, the U.S. government is ramping up its efforts to seize private land in Texas to build a border wall.
Trump’s signature campaign promise has consistently faced political, legal, and environmental obstacles in Texas, which has the largest section of the U.S.-Mexico border, most of it without fencing. And much of the land along the Rio Grande, the river that forms the border in Texas, is privately held and environmentally sensitive.
Almost no land has been taken so far. But Department of Justice lawyers have filed three lawsuits this month seeking to take property from landowners. On Tuesday, lawyers moved to seize land in one case immediately before a scheduled court hearing in February.
The agency says it’s ready to file many more petitions to take private land in the coming weeks. While progress has lagged, the process of taking land under eminent domain is weighted heavily in the government’s favor.
The U.S. government has built about 90 miles (145 kilometers) of walls since Trump took office, almost all of it replacing old fencing. Reaching Trump’s oft-stated goal of 500 miles (800 kilometers) by the end of 2020 will almost certainly require stepping up progress in Texas.
Opponents have lobbied Congress to limit funding and prevent construction in areas like the Santa Ana National Wildlife Refuge, an important sanctuary for several endangered species of jaguars, birds, and other animals, as well as the nonprofit National Butterfly Center and a historic Catholic chapel. They have also filed several lawsuits. A federal judge this month prevented the government from building with money redirected to the wall under Trump’s declaration of a national emergency earlier this year. Also, two judges recently ordered a private, pro-Trump fundraising group to stop building its own wall near the Rio Grande.
Even on land the government owns, construction has been held up. In another federal wildlife refuge, at a site known as La Parida Banco, work crews cleared brush this spring and the government announced in April that construction would soon begin. Eight months later, the site remains empty.
According to a U.S. official familiar with the project, work crews discovered that the land was too saturated. The planned metal bollards installed on top of concrete panels would have been unstable because of the water levels in the soil, said the official, who spoke on condition of anonymity because the person did not have authorization to share the information publicly.
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Court to consider bathroom use by transgender student
Court News |
2019/12/05 20:38
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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
Court News |
2019/12/03 20:40
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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 turns down bid to block vote on nuclear plant rescue
Court News |
2019/11/29 20:47
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The Ohio Supreme Court rejected a lawsuit attempting to block a proposed statewide vote that aims to overturn a financial rescue for Ohio's two nuclear plants, according to a decision issued Wednesday.
The plants' owner, FirstEnergy Solutions, had argued that the financial rescue approved by state lawmakers in July can't be overturned by voters because it amounts to a tax. The company had said the Ohio Constitution prohibits tax levies from being overturned by voters.
While the decision is a win for opponents of the $1.5 billion rescue package for the nuclear plants and two coal-fired plants, they're still waiting to hear whether the courts will give them additional time to collect signatures needed for a statewide vote.
Investors and developers in the state's natural gas industry, along with backers of green energy, have led the fight against the nuclear plant rescue, which adds a new fee on every electricity bill in the state and scales back requirements that utilities generate more power from wind and solar. |
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Supreme Court says Ginsburg released from hospital
Court News |
2019/11/25 12:43
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The Supreme Court says Justice Ruth Bader Ginsburg has been released from a Baltimore hospital where she had been treated for a possible infection.
The 86-year-old Ginsburg has returned to her home in Washington, D.C., and is “doing well,” court spokeswoman Kathy Arberg said Sunday. Ginsburg spent two nights at Johns Hopkins Hospital in Baltimore. She was taken there Friday after experiencing chills and fever.
The court says she received intravenous antibiotics and fluids and that her symptoms abated. Ginsburg has had four occurrences of cancer, including two in the past year. She had lung cancer surgery in December and received radiation treatment for a tumor on her pancreas in August.
She had a rare absence from a public session of the court in mid-November because of what the court said was a stomach bug. She was back on the bench the next time the justices met.
Her latest hospital stay began Friday, after the justices met in private to discuss pending cases. She was initially evaluated at Sibley Memorial Hospital in Washington before being transferred to Johns Hopkins for further evaluation and treatment of any possible infection.
Ginsburg has been on the court since 1993, appointed by President Bill Clinton. Only Justice Clarence Thomas has served longer among the current members of the court.
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