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DC court sides with transit agency in dispute with church
Legal Line News |
2018/07/26 14:16
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A federal appeals court in Washington is siding with transportation officials in a dispute about the transit agency's decision to reject an ad from the Roman Catholic Church.
The U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday.
The Archdiocese of Washington sued in 2017 after Metro rejected an ad for its Christmas fundraising effort, which showed a biblical scene. The archdiocese argued Metro's decision violated the First Amendment. Metro pointed to its blanket policy of refusing to accept issue-oriented ads including political, religious and advocacy ads.
A lower federal court judge had also sided with Metro. The Trump administration supported the archdiocese.
President Donald Trump's Supreme Court nominee Brett Kavanaugh was on the three-judge panel deciding the case but recused himself, so Tuesday's decision was 2-0. |
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City attorney criticizes law used to arrest Stormy Daniels
Legal Line News |
2018/07/22 23:46
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An Ohio city attorney has recommended that the state law police cited to arrest porn actress Stormy Daniels should not be enforced.
In a memo to the city's police chief, Columbus City Attorney Zach Klein says Wednesday that future charges filed under that law will not be prosecuted. Klein has also dismissed charges brought against two other employees arrested with Daniels.
The law states dancers at "sexually oriented" businesses are prohibited from touching customers and vice versa.
Klein says the law is "glaringly inequitable" because its applicability depends on how regularly the employee performs. He also says employees who touch police are not in violation because on-duty public officials are not legally considered patrons.
Daniels' lawyer says he applauds Klein's decision. Messages seeking comment were left Wednesday for Columbus police.
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For new Supreme Court justice, a host of big issues awaits
Legal Line News |
2018/06/29 17:35
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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.
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Drug court graduates get second chance at life
Legal Line News |
2018/06/21 16:59
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Kevin Hunter's day job doesn't typically lend itself to feel-good moments, but he got to share in 34 of them Monday afternoon.
Hunter, a Fort Wayne police captain, was among the first to congratulate nearly three dozen graduates of the 45th Allen Superior Court Drug Court. He runs the police department's Vice and Narcotics Division, which often sees decidedly fewer happy outcomes for people it investigates.
"I usually talk about very depressing things," Hunter said. "Today, I get to see hope and action."
The court was established as one of the state's first in 1996 by the late Judge Ken Scheibenberger, and it allows drug dealers and users a chance at life without those substances. Hundreds have taken part in drug court, and many have had charges against them dismissed because they completed counseling and treatment programs.
Hunter, who joined the department in 1989, said the court is valuable, particularly as the opioid crisis rages in northeast Indiana. A vice and narcotics sergeant attends drug court meetings, he said.
The program offers positive options to people who once might have been arrested by officers, sent to court and sentenced to lengthy prison terms, said Hunter, a member of the county's Opioid Task Force.
"Many times it's (that) they made a bad choice," he said, referring to people who have sold or used drugs. "But they're still human beings. |
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