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High court to consider state role in prosecuting immigrants
Law Firm News |
2019/10/18 04:03
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Donaldo Morales caught a break when federal prosecutors declined to charge him after he was arrested for using a fake Social Security card so he could work at a Kansas restaurant. But the break was short-lived. Kansas authorities stepped in and obtained a state conviction that could lead to Morales’s deportation.
A state appellate court overturned the conviction, but Kansas appealed. On Wednesday, the U.S. Supreme Court will hear arguments about whether states can prosecute immigrants like Morales who use other people’s Social Security numbers to get a job.
Morales, who plans to attend the arguments with his wife and a son, said he has been having nightmares about being deported. His greatest fear is leaving behind his wife and children if the Supreme Court reinstates his state convictions ? felonies that could trigger deportation proceedings.
“What I did was to earn money honestly in a job to support my family,” the 51-year-old Guatemalan immigrant told The Associated Press in Spanish.
The case before the nation’s highest court arises from three prosecutions in Johnson County, a largely suburban area outside Kansas City, Missouri, where the district attorney has aggressively pursued immigrants under the Kansas identity theft and false-information statutes. |
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In or out? Court case on job bias casts pall on LGBT fests
Law Firm News |
2019/10/14 03:06
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National Coming Out Day festivities were tempered this year by anxiety that some LGBT folk may have to go back into the closet so they can make a living, depending on what the Supreme Court decides about workplace discrimination law.
But the mere fact that words like “transgender” are being uttered before the nation’s highest court gives some supporters of LGBT workplace rights hope that the pendulum will swing in their favor.
“I want all members of our community to feel supported by the government, and often for a lot of us and a lot of friends of mine, it’s the first time that they feel represented,” said Jessica Goldberg, a bisexual senior at the University of Colorado Denver.
Still, for many, the arguments showed the continuing relevance of National Coming Out Day, first observed in 1988 and marked every Oct. 11, though observances happen over several days. That includes Philadelphia’s annual OutFest, held Sunday this year and billed as the largest National Coming Out Day event.
Coming Out Day and, by extension, events like OutFest aim to show that coming out of the closet helps individuals and the larger community win visibility and acceptance.
As music echoed in the packed streets of Philadelphia’s Gayborhood and smoke from food carts hung overhead, Priscilla Gonzalez waited for friends on a stoop and pondered the timing of the Supreme Court arguments — and what she sees as a nefarious “military tactic” of dividing Republican Party opponents to weaken them.
“It’s true that we are focused on trying to protect our group,” said Gonzalez, a New York City resident attending her first OutFest. “Because we feel so threatened, we start to divide more, and I think that division brings disruptions.”
Emotionally, the victory for LGBT marriage equality was “huge,” said Susan Horowitz, publisher and editor of Between the Lines, an LGBT newspaper in Michigan. But the workplace discrimination case, with its legal ramifications, is bigger, she said. |
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Analysis: Louisiana figures in 2 major Supreme Court cases
Court Watch |
2019/10/11 10:07
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Among cases on the U.S. Supreme Court docket for the term that began this month, two Louisiana cases stand out — one because of its implications for criminal justice in the state, the other because of what it portends for abortion rights and access nationwide.
And, both, in part, because they deal with matters that, on the surface, might appear to have been settled.
Yes, voters approved a constitutional amendment requiring unanimous jury verdicts in felony cases — following Pulitzer Prize winning reporting by The Advocate on the racial impacts of allowing 10-2 verdicts. But sometimes lost amid celebrations of the measure’s passage is its effective date: it applies to crimes that happened on or after Jan. 1 of this year.
No help to people like Evangelisto Ramos, who was convicted on a 10-2 jury vote in 2016 of second-degree murder in the killing of a woman in New Orleans. Ramos is serving a life sentence with no chance of parole. |
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Supreme Court takes up cases about LGBT people’s rights
Law Firm News |
2019/10/09 18:14
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The Supreme Court on Tuesday heard highly anticipated cases on whether federal civil rights law should apply to LGBT people, with Chief Justice John Roberts questioning how doing so would affect employers.
In the first of two cases, the justices heard arguments on whether a federal law banning job discrimination on the basis of sex should also protect sexual orientation. Lower courts have split on the issue. A related case on transgender employees is also being heard Tuesday.
Roberts, a possible swing vote in the cases, wondered about the implications of what he described as an expansion of the job-discrimination law.
“If we’re going to be expanding the definition of what ‘sex’ covers, what do we do about that issue?” Roberts asked.
Justice Samuel Alito, a conservative, suggested that the high court would be usurping the role of Congress by reading protection for sexual orientation into the 1964 Civil Rights Act, when lawmakers at the time likely envisioned they were doing no such thing.
“You’re trying to change the meaning of ‘sex,’” he said.
Justice Elena Kagan, a liberal, suggested sexual orientation is a clear subset of sex discrimination, saying that a man who loves other men cannot be treated differently by an employer than a woman who loves men.
The cases Tuesday are the court’s first on LGBT rights since Justice Anthony Kennedy’s retirement and replacement by Justice Brett Kavanaugh. Kennedy was a voice for gay rights and the author of the landmark ruling in 2015 that made same-sex marriage legal throughout the United States. Kavanaugh generally is regarded as more conservative. |
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