Wednesday, December 26, 2018

Supreme Court rejects Trump plea to enforce asylum ban

A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the “Obama judge” who first blocked the asylum policy. New Justice Brett Kavanaugh and three other conservative justices sided with the administration. There were no opinions explaining either side’s votes. The court’s order leaves in place lower court rulings that blocked Trump’s proclamation in November automatically denying asylum to people who enter the country from Mexico without going through official border crossings. Trump said he was acting in response to caravans of migrants making their way to the border. The administration had also complained that the nationwide order preventing the policy from taking effect was too broad. But the court also rejected the administration’s suggestion for narrowing it. Lee Gelernt, an American Civil Liberties Union leading the court challenge, said the high court’s decision “will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process.” The high court action followed a ruling Wednesday by U.S. District Judge Jon Tigar that kept the ban on hold pending the outcome of a lawsuit challenging it. The case could take months to resolve.

Wednesday, December 19, 2018

Dutch court upholds Amsterdam’s ban on new tourist stores

The Netherlands’ highest administrative court has upheld an Amsterdam municipality ban on new stores in the city’s historic heart that sell goods specifically to tourists. The Council of State ruling Wednesday is a victory for the Dutch capital’s attempts to rein in the negative effects of the huge number of visitors crowding its streets. The court says that the ban on new tourist stores in downtown Amsterdam, which went into force in October 2017, doesn’t breach European Union rules. The ban is aimed at halting the spread of stores selling products like mementos and cheese that cater almost exclusively to tourists. The municipality argues that they spoil the city for local residents. Millions of tourists visit Amsterdam every year, leading to overcrowding of its narrow, cobbled streets and resident complaints.

Friday, December 14, 2018

Indian court rejects probe into Rafale fighter jet deal

India's top court on Friday rejected petitions by activists seeking a probe into the government purchase of 36 Rafale fighter jets from France. Chief Justice Ranjan Gogoi said there was no reason to doubt the government's decision-making process in the multibillion dollar deal. The purchase has become a major political issue in India with the main opposition Indian National Congress party accusing Prime Minister Narendra Modi's government of buying the aircraft at nearly three times the price being negotiated when it was the ruling party before Modi came to power in 2014. The government has denied the claim but says a secrecy clause governs the deal's pricing. Gogoi said it was not the job of the court to deal with the comparative details of the pricing. Activist Prashant Bhushan, a petitioner, said he believes that the court verdict was against the country's interests. "The aircraft deal needed a proper investigation in view of allegations about its pricing" and the choice of Indian partners, Bhushan said. Congress party President Rahul Gandhi has accused Modi's government of favoring a company owned by industrialist Anil Ambani, Reliance Group, when choosing an Indian partner for Dassault, the aircraft manufacturer. Randeep Surjewala, a party spokesman, demanded a probe by a joint parliamentary committee. The government has denied any wrongdoing. The Supreme Court said "there was no substantial evidence of commercial favoritism to any private entity" and there was no reason to interfere with the issues of procurement, pricing and partner.

Court: Florida police can use 'stand your ground' law

Florida law enforcement officers can invoke the state's "stand your ground" law to protect them from criminal prosecution in a shooting, the state Supreme Court ruled unanimously Thursday. The court issued its 7-0 decision in the case of Peter Peraza, a Broward County sheriff's deputy charged with manslaughter in the 2013 fatal shooting of a man carrying what turned out to be an air rifle. Peraza's lawyers claimed he was immune from prosecution under the stand your ground law, which permits use of deadly force when a person has a legitimate fear of "imminent death or great bodily harm." The justices agreed with two lower court rulings, which concluded that the law applies to law enforcement officers the same as anyone else. "Simply put, a law enforcement officer is a 'person' whether on duty or off, and irrespective of whether the officer is making an arrest," Justice Alan Lawson wrote for the court. "In common understanding, 'person' refers to a 'human being,' which is not occupation-specific and plainly includes human beings serving as law enforcement officers," he added. Peraza shot 33-year-old Jermaine McBean during a confrontation with deputies at his apartment complex. Several people had called 911 to report a man openly carrying a rifle down a busy street and acting erratically.

Tuesday, December 4, 2018

Court could deal blow to porn star, award Trump legal fees

Lawyers for President Trump want porn actress Stormy Daniels to pay them $340,000 in legal bills they claim they earned successfully defending Trump against her frivolous defamation claim. The attorneys are due in a Los Angeles federal courtroom Monday to make their case that they rang up big bills because of gamesmanship and aggressive tactics by attorney Michael Avenatti, who represents Daniels. Daniels, whose real name is Stephanie Clifford, alleges she had a one-night affair with Trump in 2006. She sued him earlier this year seeking to break a non-disclosure agreement she signed days before the 2016 election about the tryst as part $130,000 hush money settlement. Trump has denied the affair. Despite the deal to stay quiet, Daniels spoke out publicly and alleged that five years after the affair she was threatened to keep quiet by a man she did not recognize in a Las Vegas parking lot. She also released a composite sketch of the mystery man. She sued Trump for defamation after he responded to the allegation by tweeting: "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!" U.S. District Court Judge S. James Otero ruled in October that Trump's statement was "rhetorical hyperbole" against a political adversary and was protected speech under the First Amendment. Trump is entitled to legal fees, Otero said. Trump's team of lawyers have accounted for more than 500 hours of work — at rates as high as $840 an hour.