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Court Won't Hear Case On Ban Against Homeless
Court News | 2019/12/18 09:29
The Supreme Court on Monday declined to hear an appeal in a case originating from Boise, Idaho, that would have made it a crime to camp and sleep in public spaces.

The decision to let a ruling from the 9th Circuit Court of Appeals stand is a setback for states and local governments in much of the West that are grappling with widespread homelessness by designing laws to regulate makeshift encampments on sidewalks and parks.

The case stems from a lawsuit filed nearly a decade ago. A handful of people sued the city of Boise for repeatedly ticketing them for violating an ordinance against sleeping outside. While Boise officials later amended it to prohibit citations when shelters are full, the 9th Circuit eventually determined the local law was unconstitutional.

In a decision last year, the court said it was "cruel and unusual punishment" to enforce rules that stop homeless people from camping in public places when they have no place else to go. That means states across the 9th Circuit can no longer enforce similar statutes if they don't have enough shelter beds for homeless people sleeping outside.


Gov. Kelly to appoint first Supreme Court justice
Court News | 2019/12/16 09:29
The Kansas Supreme Court will have a new member and a new chief justice next week.

Democratic Gov. Laura Kelly plans to have a Monday news conference to name a replacement for former Justice Lee Johnson, who retired in September. Meanwhile, Justice Marla Luckert is set to become the state court system’s top official Tuesday when current Chief Justice Lawton Nuss retires.

Kelly’s appointment Monday will be her first to the seven-member court, and she’ll fill a second spot by mid-March because of Nuss’ retirement. Luckert has served on the high court since 2003 and is second in seniority to Nuss.



Justices to take up dispute over subpoenas for Trump records
Court News | 2019/12/12 13:13
major confrontation between the president and Congress that also could affect the 2020 presidential campaign.

Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump’s tax returns as part of an ongoing criminal investigation.

The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it’s almost certain the court won’t hear the cases until after a Senate trial over whether to remove Trump has ended.

Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.

In three separate cases, he has so far lost at every step, but the records have not been turned over pending a final court ruling. Now it will be up to a court that includes two Trump appointees, Justices Neil Gorsuch and Brett Kavanaugh, to decide in a case with significant implications reagrding a president’s power to refuse a formal request from Congress.


New North Dakota Supreme Court chief justice to be chosen
Court News | 2019/11/22 12:56
North Dakota is getting a new Supreme Court chief justice.

The new chief justice will be chosen by their colleagues and district court judges on Monday. Ballots will be counted at 4 p.m. at the state Capitol in Bismarck.

Justices Daniel Crothers, Lisa Fair McEvers, and Jon Jensen filed to fill the chief justice position that was left open after 86-year-old Chief Justice Gerald VandeWalle announced in September he would not seek reappointment to the top post when his term expires at the end of the year.

Justice Jerod Tufte was the only justice who did not express interest.

VandeWalle was elected chief justice five times since 1993. The chief justice is appointed to five-year terms.


Gambia takes Myanmar to top UN court over Rohingya campaign
Court News | 2019/11/10 20:48
Gambia filed a case Monday at the United Nations’ highest court accusing Myanmar of genocide in its campaign against its Rohingya Muslim minority and asking the International Court of Justice to urgently order measures “to stop Myanmar’s genocidal conduct immediately.”

Gambia filed the case on behalf of the Organization of Islamic Cooperation.

Gambia’s justice minister and attorney general, Abubacarr Marie Tambadou, told The Associated Press he wanted to “send a clear message to Myanmar and to the rest of the international community that the world must not stand by and do nothing in the face of terrible atrocities that are occurring around us. It is a shame for our generation that we do nothing while genocide is unfolding right before our own eyes.”

Myanmar officials did not immediately respond to requests for comment.

Myanmar’s military began a harsh counterinsurgency campaign against the Rohingya in August 2017 in response to an insurgent attack. More than 700,000 Rohingya fled to neighboring Bangladesh to escape what has been called an ethnic cleansing campaign involving mass rapes, killings and the torching of homes.

The head of a U.N. fact-finding mission on Myanmar warned last month that “there is a serious risk of genocide recurring.”

The mission also said in its final report in September that Myanmar should be held responsible in international legal forums for alleged genocide against the Rohingya.


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