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Trump Gets Woman’s Suit Delayed Until NY Top Court Weighs In
Court Watch |
2020/01/08 09:58
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President Donald Trump got a reprieve in a former “Apprentice” contestant’s lawsuit over his response to her sexual assault allegations, when appeals judges gave him permission to appeal to New York’s highest court and put proceedings on hold in the meantime.
Trump’s lawyers have been trying to get Summer Zervos’ defamation suit delayed through his presidency or dismissed altogether.
Courts so far have said no, but Trump’s attorneys can now try to persuade the top-level state Court of Appeals to hear the case. Tuesday’s ruling also holds off other pretrial action until the high court decides. Trump had been due to undergo sworn pretrial questioning by Jan. 31, under an agreement the two sides reached last fall.
Trump’s lawyers said they were pleased with the ruling.
“We believe that the Court of Appeals will agree that the U.S. Constitution bars state court actions while the president is in office,” Kasowitz Benson Torres LLP said in a statement.
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Court upholds creation of national monument in Atlantic
Court Watch |
2020/01/01 09:35
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A federal appeals court on Friday upheld former President Barack Obama's designation of a federally protected conservation area in the Atlantic Ocean, a move that commercial fishermen oppose.
Fishing groups sued over the creation of Northeast Canyons and Seamounts Marine National Monument, a 5,000-square-mile (8,000-square-kilometer) area that contains fragile deep sea corals and vulnerable species of marine life. The monument was established in 2016.
A federal judge dismissed the lawsuit last year, and the Court of Appeals for the District of Columbia Circuit upheld the decision Friday.
A federal appeals court on Friday upheld former President Barack Obama's designation of a federally protected conservation area in the Atlantic Ocean, a move that commercial fishermen oppose.
Fishing groups sued over the creation of Northeast Canyons and Seamounts Marine National Monument, a 5,000-square-mile (8,000-square-kilometer) area that contains fragile deep sea corals and vulnerable species of marine life. The monument was established in 2016.
A federal judge dismissed the lawsuit last year, and the Court of Appeals for the District of Columbia Circuit upheld the decision Friday. |
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Roberts will tap his inner umpire in impeachment trial
Court Watch |
2019/12/24 10:58
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America’s last prolonged look at Chief Justice John Roberts came 14 years ago, when he told senators during his Supreme Court confirmation hearing that judges should be like baseball umpires, impartially calling balls and strikes.
“Nobody ever went to a ballgame to see the umpire,” Roberts said.
His hair grayer, the 64-year-old Roberts will return to the public eye as he makes the short trip from the Supreme Court to the Senate to preside over President Donald Trump’s impeachment trial. He will be in the national spotlight, but will strive to be like that umpire — doing his best to avoid the partisan mire.
“He’s going to look the part, he’s going to play the part and he’s the last person who wants the part,” said Carter Phillips, who has argued 88 Supreme Court cases, 43 of them in front of Roberts.
He has a ready model he can follow: Chief Justice William Rehnquist, who never became the center of attention when he presided over President Bill Clinton’s Senate trial.
As Roberts moves from the camera-free, relative anonymity of the Supreme Court to the glare of television lights in the Senate, he will have the chance to demonstrate by example what he has preached relentlessly in recent years: Judges are not politicians.
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Judge criticized by abortion foes named to top Kansas court
Court Watch |
2019/12/16 09:11
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Kansas' Democratic governor on Monday named a veteran trial-court judge who is opposed by the state's most influential anti-abortion group to the state Supreme Court ? an appointment that's likely to further stoke conservatives' efforts to change how such positions are filled.
Gov. Laura Kelly's selection of Shawnee County District Judge Evelyn Wilson comes with many Republican lawmakers already seeking to give the GOP-controlled Legislature power it doesn't have now to block appointments to the state's high court. Abortion opponents also are pushing for a change in the state constitution that would overturn the court's April ruling that protected abortion rights.
Kelly passed over two veteran lawyers working for Republican state Attorney General Derek Schmidt. Kansans for Life, an anti-abortion group long influential in GOP politics, opposed Wilson's appointment because of her husband's past political contributions to Kelly and other abortion-rights candidates.
“It’s my sense that Judge Wilson is more than qualified to fill this role,” Kelly told reporters during a Statehouse news conference. “Ideology was not really part of the conversation with any of the nominees. "
Kansans for Life said Wilson's selection shows the need to overturn the high court's abortion-rights ruling to protect "women and their babies." Lobbyist Jeanne Gawdun said the group is not surprised that Kelly would make an appointment to further her "vision for unlimited abortion.”
Wilson has not ruled on major abortion cases and declined to comment on the court's abortion-rights ruling declaring that access to abortion is a “fundamental” right under the Kansas Constitution. She will replace former Justice Lee Johnson, who retired in September and was a member of the 6-1 majority in that case.
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Kansas Supreme Court getting new member, new chief justice
Court Watch |
2019/12/14 13:37
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The Kansas Supreme Court will have a new member and a new chief justice next week.
Democratic Gov. Laura Kelly plans to have a Monday morning news conference to name a replacement for former Justice Lee Johnson, who retired in September.
And Justice Marla Luckert is set to become the state court system's top official Tuesday when current Chief Justice Lawton Nuss retires.
Kelly's appointment Monday will be her first to the seven-member court, and she'll fill a second spot by mid-March because of Nuss' retirement.
The finalists for Kelly's first appointment are Shawnee County District Judge Evelyn Wilson, state Assistant Solicitor General Steven Obermeier and Deputy Kansas Attorney General Dennis Depew.
Johnson left the court after 12 1/2 years. Nuss is stepping down after serving on the court since 2002 and as chief justice since 2010.
Luckert is Nuss' replacement as chief justice because she's the next justice on the seven-member court with the most seniority.
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