Supreme Court win for girl with epilepsy expected to make disability lawsuits

A teenage girl with a rare form of epilepsy won a unanimous Supreme Court ruling on Thursday that’s expected to make it easier for families of children with disabilities to sue schools over access to education. The girl’s family says that her Minnesota school district didn’t do enough to make sure she has the disability accommodations she needs to learn, including failing to provide adequate instruction in the evening when her seizures are less frequent. But lower courts ruled against the family’s claim for damages, despite finding the school had fallen short. That’s because courts in that part of the country required plaintiffs to show schools used “bad faith or gross misjudgment,” a higher legal standard than most disability discrimination claims. The district, Osseo Area Schools, said that lowering the legal standard could expose the country’s understaffed public schools to more lawsuits if their efforts fall short, even if officials are working in good faith. The family appealed to the Supreme Court, which found that lawsuits against schools should have the same requirements as other disability discrimination claims. Children with disabilities and their parents “face daunting challenges on a daily basis. We hold today that those challenges do not include having to satisfy a more stringent standard of proof than other plaintiffs,” Chief Justice John Roberts wrote for the court. The court rebuffed the district’s argument, made late in the appeals process, that all claims over accommodations for people with disabilities should be held to the same higher standard — a potentially major switch that would have been a “five-alarm fire” for the disability rights community, the girl’s lawyers said. Justice Clarence Thomas, joined by Justice Brett Kavanaugh, wrote separately to say he would be willing to consider those arguments at some point in the future, though he didn’t say whether they would win. But Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, saw it differently. Sotomayor wrote in another concurrence that adopting those higher standards more broadly would “eviscerate the core” of disability discrimination laws. The girl’s attorney Roman Martinez, of Latham & Watkins, called Thursday’s ruling a win for the family and “children with disabilities facing discrimination in schools across the country.” He added that “it will help protect the reasonable accommodations needed to ensure equal opportunity for all.” Judge blocks plan to allow immigration agents in New York City jail A judge blocked New York City’s mayor from letting federal immigration authorities reopen an office at the city’s main jail, in part because of concerns the mayor invited them back in as part of a deal with the Trump administration to end his corruption case. New York Judge Mary Rosado’s decision Friday is a setback for Democratic Mayor Eric Adams, who issued an executive order permitting U.S. Immigration and Customs Enforcement and other federal agencies to maintain office space at the Rikers Island jail complex. City lawmakers filed a lawsuit in April accusing Adams of entering into a “corrupt quid pro quo bargain” with the Trump administration in exchange for the U.S. Justice Department dropping criminal charges against him. Rosado temporarily blocked the executive order in April. In granting a preliminary injunction, she said city council members have “shown a likelihood of success in demonstrating, at minimum, the appearance of a quid pro quo whereby Mayor Adams publicly agreed to bring Immigration and Customs Enforcement (”ICE”) back to Rikers Island in exchange for dismissal of his criminal charges.” Rosado cited a number of factors, including U.S. border czar Tom Homan’s televised comments in February that if Adams did not come through, “I’ll be in his office, up his butt saying, ‘Where the hell is the agreement we came to?’ ” Adams has repeatedly denied making a deal with the administration over the criminal case. He has said he deputized his first deputy mayor, Randy Mastro, to handle decision-making on the return of ICE to Rikers Island to make sure there was no appearance of any conflict of interest. Rosado said that Mastro reports to Adams and “cannot be considered impartial and free from Mayor Adams’ conflicts.” Mastro said in a prepared statement Friday the administration was confident they will prevail in the case. “Let’s be crystal clear: This executive order is about the criminal prosecution of violent transnational gangs committing crimes in our city. Our administration has never, and will never, do anything to jeopardize the safety of law-abiding immigrants, and this executive order ensures their safety as well,” Mastro said. City Council Speaker Adrienne Adams, who is running in the Democratic primary for mayor, called the decision a victory for public safety. “New Yorkers are counting on our city to protect their civil rights, and yet, Mayor Adams has attempted to betray this obligation by handing power over our city to Trump’s ICE because he is compromised,” she said in a prepared statement.

Arizona prosecutors ordered to send fake elector case back to grand jury

Arizona prosecutors pressing the case against Republicans who are accused of trying to overturn the 2020 election results in President Donald Trump’s favor were dealt a setback when a judge ordered the case be sent back to a grand jury. Arizona’s fake elector case remains alive after Friday’s ruling by Maricopa County Superior Court Judge Sam Myers, but it’s being sent back to the grand jurors to determine whether there’s probable cause that the defendants committed the crimes. The decision, first reported by the Washington Post, centered on the Electoral Count Act, a law that governs the certification of a presidential contest and was part of the defendants’ claims they were acting lawfully. While the law was discussed when the case was presented to the grand jury and the panel asked a witness about the law’s requirements, prosecutors didn’t show the statute’s language to the grand jury, Myers wrote. The judge said a prosecutor has a duty to tell grand jurors all the applicable law and concluded the defendants were denied “a substantial procedural right as guaranteed by Arizona law.” Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes, a Democrat whose office is pressing the case in court, said in a statement that prosecutors will appeal the decision. “We vehemently disagree with the court,” Taylor said. Mel McDonald, a former county judge in metro Phoenix and former U.S. Attorney for Arizona, said courts send cases back to grand juries when prosecutors present misleading or incomplete evidence or didn’t properly instruct panel members on the law. “They get granted at times. It’s not often,” said McDonald, who isn’t involved in the case. In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani. Two defendants have already resolved their cases, while the others have pleaded not guilty to the charges. Trump wasn’t charged in Arizona, but the indictment refers to him as an unindicted coconspirator. Most of the defendants in the case also are trying to get a court to dismiss their charges under an Arizona law that bars using baseless legal actions in a bid to silence critics. They argued Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race’s outcome. Prosecutors said the defendants didn’t have evidence to back up their retaliation claim and that they crossed the line from protected speech to fraud. Eleven people who had been nominated to be Arizona’s Republican electors met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were “duly elected and qualified” electors and claimed Trump had carried the state in the 2020 election. President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document later was sent to Congress and the National Archives, where it was ignored. Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme.

Court allows Trump ban on transgender military members to take effect

The Supreme Court on Tuesday allowed President Donald Trump’s administration to enforce a ban on transgender people in the military, while legal challenges proceed. The court acted in the dispute over a policy that presumptively disqualifies transgender people from military service and could lead to the expulsion of experienced, decorated officers. The court’s three liberal justices said they would have kept the policy on hold. Neither the justices in the majority or dissent explained their votes, which is not uncommon in emergency appeals. Just after beginning his second term in January, Trump moved aggressively to roll back the rights of transgender people. Among the Republican president’s actions was an executive order that claims the sexual identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life” and is harmful to military readiness. In response, Defense Secretary Pete Hegseth issued a policy in February that gave the military services 30 days to figure out how they would seek out and identify transgender service members to remove them from the force. Those actions had been stalled by the lawsuits. “No More Trans @ DoD,” Hegseth wrote in a post on X following Tuesday’s Supreme Court order. Earlier in the day, before the court acted, Hegseth said that his department is leaving wokeness and weakness behind. “No more pronouns,” he told a special operations forces conference in Tampa. “No more dudes in dresses. We’re done with that s—-.” The Defense Department said Tuesday that officials are currently determining the next steps, but officials were not aware of any actions being taken right away. Three federal judges had ruled against the ban. In the case the justices acted on Tuesday, U.S. District Court Judge Benjamin Settle in Tacoma, Washington, had ruled for seven long-serving transgender military members who say that the ban is insulting and discriminatory and that their firing would cause lasting damage to their careers and reputations. A prospective service member also sued. The individual service members who challenged the ban together have amassed more than 70 medals in 115 years of service, their lawyers wrote. The lead plaintiff is Emily Shilling, a Navy commander with nearly 20 years of service, including as a combat pilot who flew 60 missions in the Iraq and Afghanistan wars. The Trump administration offered no explanation as to why transgender troops, who have been able to serve openly over the past four years with no evidence of problems, should suddenly be banned, Settle wrote. The judge is an appointee of Republican President George W. Bush and is a former captain in the U.S. Army Judge Advocate General Corps. Settle imposed a nationwide hold on the policy and a federal appeals court rejected the administration’s emergency plea. The Justice Department then turned to the Supreme Court. The policy also has been blocked by a federal judge in the nation’s capital, but that ruling has been temporarily halted by a federal appeals court, which heard arguments last month. The three-judge panel, which includes two judges appointed by Trump during his first term, appeared to be in favor of the administration’s position. In a more limited ruling, a judge in New Jersey also has barred the Air Force from removing two transgender men, saying they showed their separation would cause lasting damage to their careers and reputations that no monetary settlement could repair. The LGBTQ rights groups Lambda Legal and the Human Rights Campaign Foundation called the high court order a devastating blow to dedicated and highly qualified service members.

Korea’s truth commission says government responsible for fraud in foreign adoptions

South Korea’s truth commission concluded the government bears responsibility for facilitating a foreign adoption program rife with fraud and abuse, driven by efforts to reduce welfare costs and enabled by private agencies that often manipulated children’s backgrounds and origins. The landmark report released Wednesday followed a nearly three-year investigation into complaints from 367 adoptees in Europe, the United States, and Australia, representing the most comprehensive examination yet of South Korea’s foreign adoptions, which peaked under a succession of military governments in the 1970s and ’80s. The government-appointed Truth and Reconciliation Commission said it confirmed human rights violations in 56 of the complaints and aims to review the remaining cases before its mandate expires in late May. However, some adoptees and even a commission investigator criticized the cautiously written report, acknowledging that investigative limitations prevented the commission from more strongly establishing the government’s complicity. That investigator, Sang Hoon Lee, also lamented that the panel on Tuesday deferred assessments of 42 other adoptees’ cases, citing a lack of documentation to sufficiently prove their adoptions were problematic. Lee and the commission chairperson, Sun Young Park, did not specify which types of documents were central to the discussions. However, Lee implied that some members of the commission’s decision-making committee were reluctant to recognize cases in which adoptees had yet to prove beyond doubt that the biological details in their adoption papers had been falsified — either by meeting their birth parents or confirming information about them. Most Korean adoptees were registered by agencies as abandoned orphans, although they frequently had relatives who could be easily identified or found, a practice that often makes their roots difficult or impossible to trace. Government data obtained by The Associated Press shows less than a fifth of 15,000 adoptees who have asked South Korea for help with family searches since 2012 have managed to reunite with relatives. Lee said the committee’s stance reflects a lack of understanding of the systemic problems in adoptions and risks excluding many remaining cases. “Personally, I find yesterday’s decision very regrettable and consider it a half-baked decision,” Lee said. After reviewing government and adoption records and interviewing adoptees, birth families, public officials and adoption workers, the commission assessed that South Korean officials saw foreign adoptions as a cheaper alternative to building a social welfare system for needy children. Through policies and laws that promoted adoption, South Korea’s military governments permitted private adoption agencies to exercise extensive guardianship rights over children in their custody and swiftly transfer custody to foreign adopters, resulting in “large-scale overseas placements of children in need of protection,” the commission said. Authorities provided no meaningful oversight as adoption agencies engaged in dubious or illicit practices while competing to send more children abroad. These practices included bypassing proper consent from biological parents, falsely documenting children with known parents as abandoned orphans, and switching children’s identities, according to the commission’s report. It cited that the government failed to ensure that agencies properly screened adoptive parents or prevent them from excessively charging foreign adopters, who were often asked to make additional donations beyond the standard fees.

Trump signs order imposing sanctions on International Criminal Court

President Donald Trump signed an executive order imposing sanctions on the International Criminal Court over investigations of Israel, a close U.S. ally. Neither the U.S. nor Israel is a member of or recognizes the court, which has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes over his military response in Gaza after the Hamas attack against Israel in October 2023. Tens of thousands of Palestinians, including children, have been killed during the Israeli military’s response. The order Trump signed Thursday accuses the ICC of engaging in “illegitimate and baseless actions targeting America and our close ally Israel” and of abusing its power by issuing “baseless arrest warrants” against Netanyahu and his former defense minister, Yoav Gallant. “The ICC has no jurisdiction over the United States or Israel,” the order states, adding that the court had set a “dangerous precedent” with its actions against both countries. Trump’s action came as Netanyahu was visiting Washington. He and Trump held talks Tuesday at the White House, and Netanyahu spent some of Thursday meeting with lawmakers on Capitol Hill. The order says the U.S. will impose “tangible and significant consequences” on those responsible for the ICC’s “transgressions.” Actions may include blocking property and assets and not allowing ICC officials, employees and relatives to enter the United States. Human rights activists said sanctioning court officials would have a chilling effect and run counter to U.S. interests in other conflict zones where the court is investigating. “Victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump’s executive order will make it harder for them to find justice,” said Charlie Hogle, staff attorney with American Civil Liberties Union’s National Security Project. “The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone.” Hogle said the order “is an attack on both accountability and free speech.” “You can disagree with the court and the way it operates, but this is beyond the pale,” Sarah Yager, Washington director of Human Rights Watch, said in an interview prior to the announcement. Like Israel, the U.S. is not among the court’s 124 members and has long harbored suspicions that a global court could arbitrarily prosecute U.S. officials. A 2002 law authorizes the Pentagon to liberate any American or U.S. ally held by the court. In 2020, Trump sanctioned chief prosecutor Karim Khan’s predecessor, Fatou Bensouda, over her decision to open an inquiry into war crimes committed by all sides, including the U.S., in Afghanistan. However, those sanctions were lifted under President Joe Biden, and the U.S. began to tepidly cooperate with the tribunal ? especially after Khan in 2023 charged Russian President Vladimir Putin with war crimes in Ukraine. Driving that turnaround was Sen. Lindsey Graham, R-S.C., who organized meetings in Washington, New York and Europe between Khan and GOP lawmakers who have been among the court’s fiercest critics.

A federal judge temporarily blocks Trump’s executive order

A federal judge on Thursday temporarily blocked President Donald Trump’s executive order denying U.S. citizenship to the children of parents living in the country illegally, calling it “blatantly unconstitutional” during the first hearing in a multi-state effort challenging the order. The 14th Amendment to the Constitution promises citizenship to those born on U.S. soil, a measure ratified in 1868 to ensure citizenship for former slaves after the Civil War. But in an effort to curb unlawful immigration, Trump issued the executive order just after being sworn in for his second term on Monday. The order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children.Trump’s order drew immediate legal challenges across the country, with at least five lawsuits being brought by 22 states and a number of immigrants rights groups. A lawsuit brought by Washington, Arizona, Oregon and Illinois was the first to get a hearing. “I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is,” U.S. District Judge John Coughenour told a Justice Department attorney. “This is a blatantly unconstitutional order.” Thursday’s decision prevents the Trump administration from taking steps to implement the executive order for 14 days. In the meantime, the parties will submit further arguments about the merits of Trump’s order. Coughenour scheduled a hearing on Feb. 6 to decide whether to block it long term as the case proceeds. Coughenour, 84, a Ronald Reagan appointee who was nominated to the federal bench in 1981, grilled the DOJ attorney, Brett Shumate, asking whether Shumate personally believed the order was constitutional. “I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” he added. Shumate assured the judge he did — “absolutely.” He said the arguments the Trump administration is making now have never previously been litigated, and that there was no reason to issue a 14-day temporary restraining order when it would expire before the executive order takes effect. The Department of Justice later said in a statement that it will “vigorously defend” the president’s executive order, which it said “correctly interprets the 14th Amendment of the U.S. Constitution.” “We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our Nation’s laws enforced,” the department said. The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them. The 14th Amendment was ratified in 1868, in the aftermath of the Civil War, to ensure citizenship for former slaves and free African Americans. It states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Trump’s order asserts that the children of noncitizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship. Arguing for the states on Thursday, Washington assistant attorney general Lane Polozola called that “absurd,” noting that neither those who have immigrated illegally nor their children are immune from U.S. law. “Are they not subject to the decisions of the immigration courts?” Polozola asked. “Must they not follow the law while they are here?” Polozola also said the restraining order was warranted because, among other reasons, the executive order would immediately start requiring the states to spend millions to revamp health care and benefits systems to reconsider an applicant’s citizenship status.

Americans’ trust in nation’s court system hits record low, survey finds

At a time of heightened political division, Americans’ confidence in their country’s judicial system and courts dropped to a record low of 35% this year, according to a new Gallup poll. The United States saw a sharp drop of 24 percentage points over the last four years, setting the country apart from other wealthy nations where most people on average still express trust in their systems. The results come after a tumultuous period that included the overturning of the nationwide right to abortion, the indictment of former President Donald Trump and the subsequent withdrawal of federal charges, and his attacks on the integrity of the judicial system. The drop wasn’t limited to one end of the political spectrum. Confidence dropped among people who disapproved of the country’s leadership during Joe Biden’s presidency and among those who approved, according to Gallup. The respondents weren’t asked about their party affiliations. It’s become normal for people who disapprove of the country’s leadership to also lose at least some confidence in the court system. Still, the 17-point drop recorded among that group under Biden was precipitous, and the cases filed against Trump were likely factors, Gallup said. Among those who did approve of the country’s leadership, there was an 18-point decline between 2023 and 2024, possibly reflecting dissatisfaction with court rulings favoring Trump, Gallup found. Confidence in the judicial system had been above 60% among that group during the first three years of Biden’s presidency but nosedived this year. Trump had faced four criminal indictments this year, but only a hush-money case in New York ended with a trial and conviction before he won the presidential race. Since then, special counsel Jack Smith has ended his two federal cases, which pertained to Trump’s efforts to overturn his 2020 election loss and allegations that he hoarded classified documents at his Mar-a-Lago estate in Florida. A separate state election interference case in Fulton County, Georgia, is largely on hold. Trump denies wrongdoing in all. Other Gallup findings have shown that Democrats’ confidence in the Supreme Court dropped by 25 points between 2021 and 2022, the year the justices overturned constitutional protections for abortion. Their trust climbed a bit, to 34%, in 2023, but dropped again to 24% in 2024. The change comes after a Supreme Court opinion that Trump and other former presidents have broad immunity from criminal prosecution.