Court Archives - Isrealli

Supreme Court won’t take up case challenging school’s policy allowing a transgender student to use bathroom corresponding with their identity

January 28, 2021 [email protected]_84 allowing, bathroom, Case, Challenging, Court, Identity, Policy, Schools, student, Supreme, transgender, Wont

The petition was considered a long shot because of several complicated threshold issues, including the fact that the policy had been put in place five years ago for one student — referred to as “student A” — who has since graduated from the high school located in Dallas, Oregon. At issue was an individualized plan drawn up specifically for “student A.”

In declining to take up the petition, the justices left in place an appeals court decision earlier this year that held that the school’s policy intended to “avoid discrimination and ensure the safety and well-being of transgender students.”

“A policy that allows transgender students to use school bathroom and locker facilities that match their self-identified gender in the same manner that cisgender students utilize those facilities does not infringe Fourteenth Amendment privacy or parental rights or First Amendment free exercise rights, nor does it create actionable sex harassment under Title IX,” Judge Atsushi Wallace Tashima wrote for the appeals court.

The Supreme Court’s action Monday was taken without comment or noted dissent.

The American Civil Liberties Union cheered the court’s move on Monday, saying the justices’ message was that “transgender youth are not a threat to other students.”

“The decision not to take this case is an important and powerful message to trans and non-binary youth that they deserve to share space with and enjoy the benefits of school alongside their non-transgender peers,” Chase Strangio, the deputy director for trans justice with the ACLU’s LGBT and HIV Project, said in a statement.

Federal appeals court sides with student in Virginia transgender bathroom case

Despite Monday’s order, the issue isn’t likely to go away soon. Other lower courts have addressed a related question brought by lawyers for transgender students concerning whether Title IX or the Constitution requires schools to allow transgender students to have equal access to bathrooms consistent with their gender identity. A case on that issue is expected to reach the court early next year.

The transgender bathroom debate has long been a flashpoint for the court. Supporters of LGBTQ rights fear that the Supreme Court’s newly solidified 6-3 conservative majority could prove to be hostile toward policies in favor of transgender students.

In late August, a federal appeals court handed a win to a transgender former student in a years-long fight over restroom policies, ruling that policies segregating transgender students from their peers are unconstitutional and violate federal law prohibiting sex discrimination in education. That decision relied in part on the Supreme Court’s ruling earlier this year in favor of LGBT workers.

CNN’s Jessica Schneider contributed to this report.

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Supreme Court nominee Amy Coney Barrett strives to show independence from White House, Republicans

October 14, 2020 [email protected]_84 Amy, Barrett, Coney, Court, house, independence, nominee, Republicans, Show, strives, Supreme, White

WASHINGTON – Supreme Court nominee Judge Amy Coney Barrett fought back Tuesday against caricatures that she is a committed advocate for conservative causes chosen by President Donald Trump to do his bidding on issues ranging from abortion to the Affordable Care Act.

Barrett: Noboday wants ‘Law of Amy’

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In a marathon session before the Senate Judiciary Committee just three weeks from Election Day, Barrett was put on the defensive by Democrats charging that she was picked because of her views on abortion, gun rights, same-sex marriage and particularly the health care law headed to the high court for the third time next month.

“That is their stated objective and plan. Why not take them at their word?” Sen. Sheldon Whitehouse, D-R.I., said in reference to Republicans and special-interest groups backing Barrett’s nomination.

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Barrett strived to show her independence from the president and conservative forces that have joined together in hopes of a speedy confirmation, wedged tightly between Associate Justice Ruth Bader Ginsburg’s death and an election that Trump has made clear could be challenged in court.

“I certainly hope that all members of the committee have more confidence in my integrity than to think that I would allow myself to be used as a pawn to decide the election for the American people,” Barrett said.

More: Supreme Court begins 2020 term as a key election issue: Will it decide the election, too?

But several Democrats implied just that. They urged Barrett to pledge that if confirmed, she would recuse herself both from cases involving the election and from the challenge to the Affordable Care Act.

“Republicans are scrambling to confirm this nominee as fast as possible because they need one more Trump judge on the bench before Nov. 10 to win and strike down the Affordable Care Act,” Democratic vice presidential nominee Kamala Harris, a committee member, said as the hearing stretched past dinner time. “This is happening.”

Time and again in response, Barrett indicated that she came to the hearing with an agenda: to assure senators she has no agenda.

“Judges cannot just wake up one day and say: ‘I have an agenda. I like guns. I hate abortion,’ and walk in like a royal queen and impose their will on the world,” she said.

Despite efforts by Democrats to paint her as a hard-right conservative, Barrett refused to be pinned down on such hot-button issues as race and LGBTQ rights. When the subject of racial justice came up, she recounted how she wept with one of her daughters, who is Black and adopted from Haiti, over the death of George Floyd while being pinned down by police in Minneapolis.

a person standing in front of a mirror posing for the camera: Supreme Court nominee Amy Coney Barrett listens during a confirmation hearing before the Senate Judiciary Committee on Tuesday.

© Bonnie Cash, AP
Supreme Court nominee Amy Coney Barrett listens during a confirmation hearing before the Senate Judiciary Committee on Tuesday.

“Racism persists in our country,” she said, later condemning white supremacy and acknowledging that there is

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Supreme Court nominee strives to show independence

October 13, 2020 [email protected]_84 Court, independence, nominee, Show, strives, Supreme

The second day of Amy Coney Barrett’s Supreme Court confirmation hearing quickly turned to discussion of a few notable high court cases, including key decisions on abortion and gun rights. Barrett told senators that it is her job to follow the law of the United States, not the “Law of Amy.” (Oct. 13)

AP Domestic

More: Supreme Court begins 2020 term as a key election issue: Will it decide the election, too?

In essence, she came to the hearing with an agenda: to assure senators she has no agenda.

“Judges cannot just wake up one day and say: ‘I have an agenda. I like guns. I hate abortion,’ and walk in like a royal queen and impose their will on the world,” she said.

Supreme Court nominee Amy Coney Barrett listens during a confirmation hearing before the Senate Judiciary Committee on Tuesday. (Photo: Bonnie Cash, AP)

“Racism persists in our country,” she said, but she added that fixing racism is a question for the other branches of government to handle.

More: Amy Coney Barrett says George Floyd video was personal for family

Throughout what would become a 12-hour day, including long-winded statements from senators during which Barrett sat stone-faced, the 48-year-old federal appeals court judge and law school professor from Indiana sought to define herself as someone who puts personal views aside and addresses legal

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A Barrett court would continue Trump’s deregulatory agenda long after he’s left the White House, experts say

October 12, 2020 [email protected]_84 agenda, Barrett, Continue, Court, deregulatory, Experts, hes, house, left, long, Trumps, White

Judge Amy Coney Barrett’s nomination to the Supreme Court has brought the public’s attention to divisive social issues like abortion rights, but replacing the late Justice Ruth Bader Ginsburg with a more conservative figure could have an equally important effect on business regulation and the U.S. economy.

a person wearing a suit and tie: Amy Coney Barrett.

© Getty Images
Amy Coney Barrett.

“Barrett is likely to be a pro-business justice, to restrict the ability of government to adopt some economic regulations, and would likely vote to expand the constitutional rights of business,” said Adam Winkler, constitutional law professor at UCLA and author of the book “We the Corporations: How American Businesses Won Their Civil Rights.”

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That could be good news for stock-market investors, as analysts have long pointed to the Trump Administration’s efforts to roll back Obama-era regulations and slow the implementation of new rules as a major driver of recent stock-market gains. Since President Trump’s election in November of 2016, the S&P 500 index (SPX) has returned 60.4%, according to FactSet. But it is a potentially troubling proposition for workers-rights advocates and environmentalists who have increasingly relied on agency regulation to achieve their policy goals.

One contentious issue being litigated in federal courts is Environmental Protection Agency regulations that limit electric power plants’ ability to emit greenhouse gases. President Obama’s Environmental Protection Agency argued that the 1972 Clean Air Act requires it to issue such regulations, resulting in the 2016 Clean Power Plan. The Trump Administration subsequently rolled back those regulations, instituting a more business friendly Affordable Clean Energy rule.

But some conservative lawmakers, legal thinkers and activists argue that the Supreme Court should go further and strike down the EPA’s ability to regulate greenhouse gases whatsoever. Jonathan Wood, attorney at the conservative Pacific Legal Foundation, told MarketWatch that many federal judges have questioned, on constitutional grounds, the ability of federal regulators to use old laws to make new regulations on issues that weren’t on the minds of Congress when those laws were passed, and a more conservative court could potentially make this view the law of the land.

“The idea that the Clean Air act in 1972 answered the question of how to address greenhouse gas emissions is sort of laughable,” he said. “But because courts have been so willing to defer to agency interpretations of statutes, they’ve gotten away with stretching statutes and trying to create policy without having to go back to Congress and say, ‘Oh, we’ve run into a new challenge, we need you to write new legislation to deal with it.’ ”

Of central importance to this debate is the doctrine of Chevron deference, which the Supreme Court established in 1984, and which requires judges to defer to agency interpretation of statutes as long as that interpretation is reasonable. Conservatives have long railed against this principle as one that has led to the growth of the administrative state.

“[Chevron (CVX) deference] has become a direct threat to the rule of law and the moral underpinnings of America’s constitutional order,” wrote Sen.

garden

Assam court holds 25 guilty in lynching of 73-yr-old tea garden doctor last year – cities

October 12, 2020 [email protected]_84 73yrold, Assam, Cities, Court, doctor, garden, Guilty, holds, lynching, tea, year

A court in Assam on Monday pronounced 25 people guilty in a case, where a mob had lynched a senior doctor around 13 months ago.

District and sessions judge Robin Phukan held 25 of the accused guilty for the murder of Dr Deben Dutta (73). The victim was the resident doctor of Teok Tea Estate (TE) hospital in Upper Assam’s Jorhat district.

The court acquitted six accused in the case, while another accused had died in judicial custody.

Also read: Two lynched, beheaded, set on fire over witchcraft suspicion in Assam

The quantum of punishment for the 25 accused will be announced next Monday (October 19).

An irate mob, mostly comprising tea garden workers, had assaulted Dr Dutta on August 31, 2019, holding him responsible for the death of a patient in Teok TE. He was rushed to the Jorhat Medical College, where he was declared brought dead.

The pictures of the assault, which soon went viral on social media, created a sense of terror among doctors posted in tea gardens across Assam.

At least seven doctors, who were working in tea gardens, had resigned within a week of Dr Dutta’s murder.

Police had arrested 32 people, including three brothers of the deceased patient, following the attack under various sections of Indian Penal Code (IPC) and the Assam Medicare Service Persons & Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2011.

The incident was condemned by Indian Medical Association (IMA) and doctors in Assam also resorted to a one-day token strike in protest.

Assam chief minister Sarbananda Sonowal had also ordered an inquiry into the incident.

Investigation into the case was concluded within a record time of 21 days and a voluminous 602-page charge sheet was submitted on September 21, 2019.

Assam Police said this is the first case in the country, where witness identity concealment approach was used.

A total of 60 people, including tea garden employees, journalists, the slain doctor’s family members, police personnel and forensic experts were named as witnesses.

Witness identity concealment approach was applied to seven of the 56, who had deposed during the trial of the case.

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A Barrett Court could carry on Trump’s deregulatory agenda long after he’s left the White House, experts say

October 10, 2020 [email protected]_84 agenda, Barrett, carry, Court, deregulatory, Experts, hes, house, left, long, Trumps, White

Judge Amy Coney Barrett’s nomination to the Supreme Court has brought the public’s attention to divisive social issues like abortion rights, but replacing the late Justice Ginsburg with a more conservative figure could have an equally important effect on business regulation and the U.S. economy.

a person wearing a suit and tie: Judge Amy Coney Barrett, President Donald Trump's nominee to the Supreme Court

© Getty Images
Judge Amy Coney Barrett, President Donald Trump’s nominee to the Supreme Court

“Barrett is likely to be a pro business justice, to restrict the ability of government to adopt some economic regulations, and would likely vote to expand the constitutional rights of business,” said Adam Winkler, constitutional law professor at UCLA and author of the book “We the Corporations: How American Businesses Won Their Civil Rights.”

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Video: Protesters Demand Extension Moratorium On Utility Shutoffs Mandated By Officials Due To Pandemic (CBS Philadelphia)

Protesters Demand Extension Moratorium On Utility Shutoffs Mandated By Officials Due To Pandemic

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White House prepping Amy Coney Barrett for Supreme Court confirmation hearing

October 8, 2020 [email protected]_84 Amy, Barrett, Coney, confirmation, Court, hearing, house, prepping, Supreme, White

The White House Counsel’s Office is prepping Judge Amy Coney Barrett for her Senate confirmation hearings, where they anticipate the Supreme Court nominee will be questioned about a range of issues, including her nomination event in the Rose Garden which lead to President Trump and members of his inner circle testing positive for the novel coronavirus.

A senior administration official told Fox News that White House Counsel Pat Cipollone and “constitutional experts” within the White House Counsel’s Office are preparing Barrett for the confirmation hearings, which are slated to begin Monday, Oct. 12 before the Senate Judiciary Committee, and run through Thursday, Oct. 15.

AMY CONEY BARRETT CONFIRMATION HEARING TO BEGIN OCT. 12, AS SENATE RAMPS UP COVID19 PRECAUTIONS

“Barrett will be an outstanding witness and will be confirmed,” the official told Fox News.

The official told Fox News that Cipollone and the team are prepping Barrett for questions on a range of issues — including the Sept. 26 nominating event in the Rose Garden.

After the event, the president, first lady Melania Trump, White House press secretary Kayleigh McEnany, White House adviser Hope Hicks, former New Jersey Gov. Chris Christie, Republican Sen. Mike Lee of Utah, former adviser Kellyanne Conway, director of Oval Office operations David Luna, Notre Dame President Rev. John I. Jenkins, and Harvest Christian Fellowship Pastor Greg Laurie all tested positive for COVID-19.

The official told Fox News that they could not preview how Barrett would respond to that line of questioning, but defended the event, saying it was “held outdoors” and “there was a lot of testing done beforehand.”

“We have to reopen our country,” the official said. “We take precautions but we have to reopen our country, we have to continue our duties, and we had to nominate this outstanding judge to the Supreme Court.”

A White House aide told Fox News that Cipollone “knows what she’ll be questioned on.”

“He’ll know ways to navigate those without telegraphing too much to get through the confirmation,” the aide said.

Meanwhile, the official said the White House anticipates Barrett will be questioned on issues and cases involving abortion, specifically Roe v. Wade, and the Obamacare case that is pending before the high court.

“They are going to try a million different ways to get her to discuss cases that may come before her,” the official said. “But, with the Ginsburg rule, she won’t be doing that.”

Ginsburg, during her confirmation hearings in 1993, chose not to answer questions that may hint at how she would rule on a future case. The practice has been informally named the Ginsburg rule.

The official added: “She’s committed to being a fair-minded judge, who will set aside her personal opinions.”

Meanwhile, senior officials told Fox News that White House chief of staff Mark Meadows has been tasked with prepping Barrett and shepherding her through the Senate.

“He knows exactly the senators we’ll need to win over, and the issues that matter to them,” one senior White House official told Fox

garden

GOP senator defends not wearing a mask at Rose Garden Supreme Court event

October 8, 2020 [email protected]_84 Court, defends, event, garden, GOP, Mask, Rose, Senator, Supreme, Wearing

Tennessee Republican Marsha Blackburn appeared on ABC’s “The View.”

October 8, 2020, 6:31 PM

6 min read

GOP Sen. Marsha Blackburn, who attended the White House Rose Garden event two weekends ago now tied to at least 14 coronavirus cases, on Thursday defended her decision not to wear a mask at the event.

During an appearance on ABC’s “The View,” Blackburn, a Tennessee Republican, said that while the event is a good reminder to Americans to take precautions, she was tested right before the event and behaved safely.

“I had been tested right before I went to the event I had my mask on and actually had it there on my arm when i walked into the event,” Blackburn said. “I took it off to walk into the event but you know it’s a great reminder to us wash your hands, wear gloves if you need, be certain you are using sanitizer.

PHOTO: Sen. Marsha Blackburn speaks during a Senate Judiciary Committee hearing on Sept. 30, 2020 on Capitol Hill in Washington, D.C. — Sen. Marsha Blackburn speaks during a Senate Judiciary Committee hearing on Sept. 30, 2020 on Capitol Hill in Washington, D.C.

Sen. Marsha Blackburn speaks during a Senate Judiciary Committee hearing on Sept. 30, 2020 on Capitol Hill in Washington, D.C.

Blackburn, who said she has since tested negative for coronavirus, was at the White House during the event to witness Trump’s announcement of his Supreme Court nominee Judge Amy Coney Barrett.

Barrett’s confirmation hearings before the Senate Judiciary Committee, of which Blackburn is a member, are set to begin on Monday.

She has been an outspoken supporter of the GOP effort to swiftly fill the seat left by the death of Justice Ruth Bader Ginsburg.

Blackburn has tweeted and said publicly that she believes the Senate must fulfill its constitutional duty to act quickly, and she’s lined up behind President Trump’s pick.

PHOTO: Judge Amy Coney Barrett is nominated to the US Supreme Court by President Donald Trump in the Rose Garden of the White House in Washington, DC, on Sept. 26, 2020. — Judge Amy Coney Barrett is nominated to the US Supreme Court by President Donald Trump in the Rose Garden of the White House in Washington, DC, on Sept. 26, 2020.

Judge Amy Coney Barrett is nominated to the US Supreme Court by President Donald Trump in the Rose Garden of the White House in Washington, DC, on Sept. 26, 2020.

But following the positive coronavirus tests of two Republican senators on the committee who attended the Rose Garden event, Democrats, who have consistently argued that the Senate should wait to confirm a new justice until after the next president is selected, have also argued that holding the hearings now is a safety concern.

Still, on “The

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White House prioritizes Supreme Court pick over economy, jobs

October 7, 2020 [email protected]_84 Court, economy, house, Jobs, pick, prioritizes, Supreme, White

House Speaker Nancy Pelosi (D-Calif.) and Treasury Secretary Steven Mnuchin were scheduled to have an important meeting yesterday afternoon on a possible economic aid package. Before they could connect, however, Donald Trump rendered their meeting moot: the negotiations, the president, were over.

Americans with economic concerns, Trump added, will have to wait “until after the election.” In the meantime, the Republican demanded that his team and its allies “focus full time” on Judge Amy Coney Barrett’s nomination to the U.S. Supreme Court.

Not surprisingly, this has quickly become the official White House line.

White House National Economic Council Director Larry Kudlow told CNBC on Wednesday that there was a “low probability” of approving additional legislation in time for the election … “We’ve only got four weeks to the election, and we have a justice of the Supreme Court to get passed. It’s too close to the election — not enough time to get stuff done at this stage in the game,” Kudlow said.

Right off the bat, we know this is politically unwise: polls show the American mainstream is far more concerned about the struggling economy than filling the vacancy on the high court. For Team Trump to ignore these attitudes during the election season is to take an unnecessary risk.

But more important is the fact that we know Kudlow’s wrong, and not just in the abstract. In the spring, when policymakers were focused on a hearty response to the coronavirus crisis, the CARES Act came together rather quickly. It didn’t take four weeks; it barely took one.

What’s more, it’s not like officials would need to start from scratch to craft a plan between now and Election Day: the House has already passed two ambitious aid packages, and bipartisan negotiations have been ongoing for weeks. A concerted effort to reach an agreement — led, for example, by a president who claims to be a world-class deal-makers — could seal a deal.

As for the Barrett confirmation process, there’s no reason lawmakers couldn’t walk and chew gum at the same time: D.C. is capable of focusing on more than one task at a time.

All it would take is a White House capable of prioritizing the economy and jobs. The president and Kudlow are effectively telling millions of unemployed Americans that their plight just isn’t that important to Team Trump: the Supreme Court needs yet another far-right jurist more than these struggling families need an economic lifeline.

I can think of smarter closing messages for an incumbent president already struggling in the polls.

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decor

Zimbabwe: High Court Orders Mai TT to Pay $500k Defamation Damages to Decor Expert

October 6, 2020 [email protected]_84 500k, Court, Damages, decor, Defamation, Expert, high, Mai, orders, Pay, Zimbabwe

Socialite and comedienne Felistas Murata, better known as Mai TT in the entertainment industry, has been ordered to pay $500 000 defamation damages to a local home decor expert, Memory Muyaka.

Muyaka also better known as Mai Maketeni, dragged Murata to court early this year accusing her of tarnishing her image in an internet row which dragged for months.

Murata labelled Muyaka a prostitute, a witch, and a cultist in the posts.

High Court judge Justice Erica Ndewere in her ruling said: “Whereupon after reading documents filed on record and hearing counsel, it is ordered that the defendant pays the plaintiff in the sum of $500 000 and the prescribed interest rate starting from the date of judgment up to the date of payment in full.”

However, Ndewere ordered Muyaka to pay the costs of the suit.

Muyaka told the court the postings made by Murata degraded her social standing as a married woman, a business person, and as a Christian.

The decor expert said the Murata has a huge following hence the publications had a big negative impact on her dignity.

“She is a businesswoman who is a director and shareholder of Khloe’s Home and Decor (Private) Limited, a business which is into home decor and design,” the court papers read.

“On several dates between the 17th of November 2019 and 3 April 2020, Murata who has over 170 000 followers on Facebook published several broadcasts on Facebook and WhatsApp platforms about the plaintiff whom she also calls Mai Khloe, Mai Maketeni.

“The said broadcasts stated that the plaintiff was a prostitute, a witch, a gossiper, and someone who blackmails her clients.”

Muyaka’s lawyers said the statements were both wrongful and defamatory of the plaintiff who is a business person and a legally married woman who is highly regarded in her community.

They also accused the entertainer of publishing that Muyaka and three other unnamed people were part of the Illuminati secret society that is believed to be involved in Satanism and that they wanted to kill Murata.

“This was false and intended by the defendant to impute that plaintiff is an evil person. This statement is wrongful and defamatory of the plaintiff who is a Christian,” they wrote in the summons.

Murata further published that Muyaka had given charms to her husband so that he does not complain or question her when she commits adultery.

The two are former and during the live-streams, they accused each other of being jealous the other’s business.

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Tennessee Republican Marsha Blackburn appeared on ABC’s “The View.”

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