Friday, August 17, 2018

The Latest: Trump promises 'great' pick for Supreme Court

President Donald Trump is promising to select a "great" Supreme Court nominee to fill the vacancy of retiring Justice Anthony Kennedy The president said Tuesday at a "Salute to Service" dinner in West Virginia that he "hit a home run" with Justice Neil Gorsuch, whom he picked for the nation's high court last year. Trump says, "We're going to hit a home run here." Trump spoke to three potential Supreme Court nominees Tuesday before departing the White House. On Monday, the president interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them. The White House says President Donald Trump spoke Tuesday to three potential Supreme Court nominees. White House spokesman Raj Shah disclosed the conversations. He did not detail with whom Trump had spoken Tuesday or say how many potential nominees Trump has now interviewed. Trump has said he'll announce his pick July 9 and will chose from a list of 25 candidates. Trump on Monday interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them. He also spoke Monday to Republican Sen. Mike Lee of Utah. The senator's office characterized the call as an interview, but the White House would only say the two spoke.

Feds say ex-firm of Stormy Daniels' lawyer owes unpaid taxes

The Justice Department says Stormy Daniels' lawyer, Michael Avenatti, made "misrepresentations" in a bankruptcy case involving his former law firm that owes more than $440,000 in unpaid federal taxes. Avenatti's former firm, Eagan Avenatti LLP, had agreed in January to pay about $2.4 million in back taxes and penalties as part of a resolution of a bankruptcy case involving the firm. Court documents show some of the money was paid, but attorneys for the government said in May that the firm still owed a portion of the unpaid tax money. On Tuesday, the U.S. attorney's office in Los Angeles filed a motion asking a federal judge to compel the payment of $440,291 in unpaid taxes and more than $11,700 in interest. Lawyers from the U.S. attorney's office represent the government in bankruptcy court when there's a debt to a government agency, like back taxes or unpaid student loans. Avenatti, who has garnered national attention as the attorney for Daniels, the porn actress who is suing President Donald Trump following an alleged 2006 affair, said Wednesday that the court filing was "part of a smear campaign" and stressed that he doesn't personally owe any of the money.

Tuesday, July 17, 2018

Trump closes in on Supreme Court pick; 3 judges top list

President Donald Trump is closing in on his next Supreme Court nominee, with three federal judges leading the competition to replace retiring Justice Anthony Kennedy. Trump's top contenders for the vacancy at this time are federal appeals judges Amy Coney Barrett, Brett Kavanaugh and Raymond Kethledge, said a person familiar with Trump's thinking who was not authorized to speak publicly. Working closely with a White House team and consulting with lawmakers and outside advisers, Trump has spent the week deliberating on the choice. He conducted interviews on Monday and Tuesday and has spoken to seven possible candidates. He has not yet publicly indicated that he has narrowed the list and could still consider others in the mix. With customary fanfare, Trump plans to announce his selection Monday night, kicking off a contentious nomination process as Republicans seek to shift the court to the right and Democrats strive to block the effort. Vice President Mike Pence has also met with some of the contenders for the Supreme Court vacancy created by Justice Anthony Kennedy's retirement, The Associated Press has learned. The meetings took place in recent days, according to a person familiar with the search process. The person did not specify which candidates Pence met with and spoke on condition of anonymity Wednesday to describe the private search process.

Lawyers: 2014 arrest at Vegas hotel precursor to killings

Attorneys in a negligence lawsuit stemming from the Las Vegas Strip shooting say the massacre could have been avoided if hotel management tightened security after a man was found with multiple weapons at the Mandalay Bay resort in 2014. Lawyer Robert Eglet said Friday the arrest of Kye Aaron Dunbar in a 24th-floor Mandalay Bay room with guns including an assault-style rifle, a tripod and a telescopic sight bears similarities to the Oct. 1 shooting. Last year, gunman Stephen Paddock killed 58 people shooting modified assault-style weapons from a 32nd-floor room at the Mandalay Bay into a concert crowd below. Dunbar is 32 and serving federal prison time after pleading guilty to unlawful possession of a firearm by a felon. Hotel officials aren't commenting about a court filing Thursday that brought the Dunbar case to light.

Wisconsin court to rule on conservative professor's firing

The Wisconsin Supreme Court is set to rule on whether Marquette University was correct to fire a conservative professor who wrote a blog post criticizing a student instructor he believed shut down discussion against gay marriage. John McAdams sued the private Catholic school in 2016, arguing that he lost his job for exercising freedom of speech. Marquette says McAdams wasn't fired for the content of his 2014 post, but because he named the instructor and linked to her personal website that had personal identifying information. The instructor later received a flood of hateful messages and threats. The court heard arguments in April. The ruling expected Friday has been eagerly awaited by conservatives who see universities as liberal havens and by private businesses that want control over employee discipline.

For new Supreme Court justice, a host of big issues awaits

Justice Anthony Kennedy's successor will have a chance over a likely decades-long career to tackle a host of big issues in the law and have a role in shaping the answers to them. Most court-watchers and interest groups are focused on abortion and whether a more conservative justice may mean more restrictions on abortions get upheld or even whether the 1973 Roe v. Wade abortion decision affirming a woman's right to abortion might someday be overturned. But Kennedy's replacement will quickly confront a host of issues, some prominent and others not. Whomever President Donald Trump chooses, the person is expected to move the court to the right. Conservative groups, seeing a court friendlier to their views, might look at the new court and think it's time to bring challenges to liberal laws currently on the books. And conservative state lawmakers may also attempt to pass legislation testing boundaries they wouldn't have while Kennedy was on the court. The Supreme Court in the term that ended Wednesday had two cases before it dealing with whether electoral maps can give an unfair advantage to a political party. The justices ducked that question, sending cases from Wisconsin and Maryland back to lower courts for further review. Kennedy had been the justice who left the door open to court challenges to extreme partisan redistricting, but he never found a way to measure it that satisfied him. A case involving North Carolina's heavily Republican congressional districting map now in a lower court could provide an opportunity for the justices to revisit the issue as soon as next term. Another unresolved issue recently before the court is whether a business can cite religious objections in order to refuse service to gay and lesbian people. The court could have tackled that issue in a case argued this term about a Colorado baker who wouldn't make a wedding cake for a same-sex couple. Instead, the justices found that a member of the Colorado commission that looked at the case displayed an anti-religious bias against the baker but left for another day the broader question. The justices could have added another case on the issue to the list of cases they'll begin hearing arguments in this fall, a case that involved a flower shop owner who cited her religious beliefs in declining to provide flowers for a same-sex wedding. For now they've sent that case back to a lower court. That same case or another one like it could quickly be in front of the court again.

Thursday, June 21, 2018

Court gives Spanish princess' husband 5 days to go to prison

Court gives Spanish princess' husband 5 days to go to prison

Supreme Court strikes down Minnesota's voter clothing law

The Supreme Court on Thursday struck down a Minnesota law that barred voters in the state from wearing a wide range of political hats, T-shirts and pins to the polls. Minnesota had defended its law as a reasonable restriction that keeps order at polling places and prevents voter intimidation. But the justices ruled 7-2 that the state's law is too broad, violating the free speech clause of the First Amendment. Chief Justice John Roberts wrote that "if a State wishes to set its polling places apart as areas free of partisan discord, it must employ a more discernible approach than the one Minnesota has offered here." Most states have laws restricting what voters can wear when they cast ballots, but Minnesota's law was one of the broadest. It barred voters from casting a ballot while wearing clothing with the name of a candidate or political party. Also not allowed: clothing that references an issue on the ballot or promotes a group with recognizable political views. A National Rifle Association T-shirt or shirt with the text of the Second Amendment wouldn't be allowed, for example, according to the lawyer who argued the case for the state. Roberts noted that Minnesota, like other states, had sought to balance a voter's ability to "engage in political discourse" with the ability to "exercise his civic duty in a setting removed from the clamor and din of electioneering." "While that choice is generally worthy of our respect, Minnesota has not supported its good intentions with a law capable of reasoned application," he wrote. It is unclear exactly how many states the ruling could affect beyond Minnesota. Both Minnesota and the group challenging the state's law had said there are about 10 states with laws like Minnesota's, though they disagreed significantly on which ones, agreeing only on Delaware, New Jersey, New York, Texas and Vermont. The case before the Supreme Court dates back to 2010 and involves a dispute that began over tea party T-shirts and buttons with the words "Please I.D. Me," a reference to legislation then under discussion in Minnesota that would have required residents to show photo identification to vote. The legislation ultimately didn't become law. Pointing to the state's statute, Minnesota officials said before the election that neither the tea party T-shirts nor those buttons would be permitted at the polls. In response, a group of voters and organizations sued.

NY high court nixes Trump's bid to delay defamation suit

New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing. The ruling by the state Court of Appeals didn't address either side's central arguments. But it means evidence-gathering in Summer Zervos' lawsuit can proceed, at least for now. Zervos' lawyer, Mariann Wang, said she looks forward to continuing with the case "and exposing the truth." Trump, who denies Zervos' allegations, is trying to get the case dismissed or postponed until after his presidency. A mid-level appellate court is due to consider that request in the fall. Trump's lawyers at Kasowitz Benson Torres LLP noted that Thursday's ruling didn't speak to their argument for tossing out the case: That a sitting president can't be sued in a state court. Instead, the Court of Appeals said the case was simply in too early a stage for its consideration. Zervos, a California restaurateur, appeared in 2006 on the Republican president's former reality show, "The Apprentice." She says he made unwanted advances when she sought career advice in 2007, then defamed her by calling her a liar after she came forward late in his 2016 presidential race. She is seeking a retraction, an apology and compensatory and punitive damages.

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.