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Supreme Court hears Alabama appeal to execute intellectually disabled man
Legal Interview |
2025/12/06 21:51
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The Supreme Court will hear arguments Wednesday in a case that could make it harder for convicted murderers to show their lives should be spared because they are intellectually disabled.
The justices are taking up an appeal from Alabama, which wants to put to death a man who lower federal courts found is intellectually disabled and shielded from execution.
The Supreme Court prohibited execution of intellectually disabled people in a landmark ruling in 2002.
Joseph Clifton Smith, 55, has been on death row roughly half his life after his conviction for beating a man to death in 1997.
The issue in Smith’s case is what happens when a person has multiple IQ scores that are slightly above 70, which has been widely accepted as a marker of intellectual disability. Smith’s five IQ tests produced scores ranging from 72 to 78. Smith had been placed in learning-disabled classes and dropped out of school after seventh grade, his lawyers said. At the time of the crime, he performed math at a kindergarten level, spelled at a third-grade level and read at a fourth-grade level.
The Supreme Court has held in cases in 2014 and 2017 that states should consider other evidence of disability in borderline cases because of the margin of error in IQ tests.
Alabama appealed to the Supreme Court after lower courts ruled that Smith is intellectually disabled. The justices had previously sent his case back to the federal appeals court in Atlanta, where the judges affirmed that they had taken a “holistic” approach to Smith’s case, seemingly in line with the high court ruling.
But the justices said in June they would take a new look at the case.
Alabama Attorney General Steve Marshall said Smith hasn’t met his burden of showing an IQ of 70 or below, and the state wrote in its brief that the discussion of a holistic approach is an unjustified expansion of the Supreme Court rulings.
“He has multiple scores in the 70s,” Marshall said in a phone interview. He said the question is about how to address a continuum of scores. “I don’t think picking and choosing those at the bottom are the way that the court will ultimately go,” Marshall said.
President Donald Trump’s administration and 20 states are supporting Alabama in the case. Smith “did not meet his burden of proving his IQ was likely 70 or below,” Solicitor General D. John Sauer wrote on behalf of the Republican administration.
Smith’s lawyers argue the lower courts followed the law in conducting a “holistic assessment of all relevant evidence” in a case with borderline IQ scores.
Rights groups focused on disabilities wrote in a brief supporting Smith that “intellectual disability diagnoses based solely on IQ test scores are faulty and invalid.”
Smith was convicted and sentenced to death for the beating death of Durk Van Dam in Mobile County. Van Dam was found dead in his pickup truck. Prosecutors said he had been beaten to death with a hammer and robbed of $150, his boots and tools.
A federal judge in 2021 vacated Smith’s death sentence, though she acknowledged “this is a close case.”
Alabama law defines intellectual disability as an IQ of 70 or below, along with significant or substantial deficits in adaptive behavior and the onset of those issues before the age of 18.
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Republican US Rep. Elise Stefanik is running for governor of New York
Legal Interview |
2025/11/01 08:50
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U.S. Rep. Elise Stefanik, a close Republican ally of President Donald Trump, announced Friday that she’s running for governor of New York, a place she depicted in a campaign launch video as being “in ashes” because of lawlessness and a high cost of living.
In her video, a narrator declares “The Empire State has fallen” as it painted a grim picture of crime and economic crisis in New York City, though her message appeared to be aimed at other, more conservative parts of the state that she will need to win over next year.
“Under Kathy Hochul’s failed leadership, New York is the most unaffordable state in the nation with the highest taxes, highest energy, utilities, rent, and grocery prices crushing hardworking families,” Stefanik said in a statement.
Stefanik, who represents a conservative congressional district in upstate New York, has for months teased a run, leveling heavy criticism at incumbent Gov. Kathy Hochul and more recently toward Zohran Mamdani, the mayor-elect of New York City.
Last year, Trump picked Stefanik to be the administration’s ambassador to the United Nations, but later rescinded the nomination over concerns about Republicans’ tight margins in the House.
Though any Republican faces long odds of winning the governor’s mansion in New York, Stefanik’s campaign will bring solid name recognition, fundraising prowess and deep ties to the White House. Her campaign announced Friday that she has received the backing of nearly three-quarters of the state’s county Republican chairs.
In a statement, Hochul campaign spokesperson Sarafina Chitika called Stefanik “Donald Trump’s number one cheerleader in Congress.”
“Apparently, screwing over New Yorkers in Congress wasn’t enough — now she’s trying to bring Trump’s chaos and skyrocketing costs to our state,” Chitika said.
The Republican primary field remains unclear ahead of the 2026 race. U.S. Rep. Mike Lawler had been contemplating a run and was considered a potentially strong candidate, but said earlier this year that he would instead seek reelection in his battleground House district in the New York Hudson Valley.
Hochul faces a contested primary, with her own lieutenant governor, Antonio Delgado, running against her.
Stefanik, a Harvard graduate, was 30 when she was first elected to the House in 2014. She entered Congress as a moderate Republican but soon attached herself to Trump, reshaping her persona into more of a brash, outspoken MAGA disciple.
Her national profile got a big boost after she aggressively questioned a group of university presidents over antisemitism on their campuses, leading to two of their resignations and winning praise from the Republican president.
Democrats have a major voter registration edge in New York. The last Republican governor in the state was former Gov. George Pataki, who left office about two decades ago. Still, Republican Lee Zeldin, a former Long Island congressman and current head of the Environmental Protection Agency, made a serious run for the office in 2022, coming within striking distance of upsetting Hochul. |
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Mexico soccer star Omar Bravo arrested on suspicion of child sexual abuse
Legal Interview |
2025/10/06 20:36
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Mexican authorities said they arrested former soccer player Omar Bravo, 45, on suspicion of child sexual abuse.
The Jalisco state prosecutor’s office said in a statement that investigations indicate Bravo allegedly abused a teenage girl on several occasions in recent months and may have committed similar acts before.
He was arrested during an operation in the municipality of Zapopan and was expected to appear in court soon.
Bravo rose to fame playing as a forward for Chivas de Guadalajara, where he became the club’s all-time leading goal scorer. He also played for Mexico’s national team in the 2004 Athens Olympics and the 2006 World Cup in Germany.
The Associated Press could not immediately reach a lawyer for Bravo.
On Bravo’s Instagram account, fans commented on his latest post from Sept. 8, which made no reference to the accusations. Some expressed sadness, while others said he was their idol and hoped the allegations were not true.
The prosecutor’s office said it will continue its investigation.
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US deportation flights hit record highs as carriers try to hide the planes
Legal Interview |
2025/08/27 13:16
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Immigration advocates gather like clockwork outside Seattle’s King County International Airport to witness deportation flights and spread word of where they are going and how many people are aboard. Until recently, they could keep track of the flights using publicly accessible websites.
But the monitors and others say airlines are now using dummy call signs for deportation flights and are blocking the planes’ tail numbers from tracking websites, even as the number of deportation flights hits record highs under President Donald Trump. The changes forced them to find other ways to follow the flights, including by sharing information with other groups and using data from an open-source exchange that tracks aircraft transmissions.
Their work helps people locate loved ones who are deported in the absence of information from U.S. Immigration and Customs Enforcement, which rarely discloses flights. News organizations have used such flight tracking in reporting.
Tom Cartwright, a retired J.P. Morgan financial officer turned immigration advocate, tracked 1,214 deportation-related flights in July — the highest level since he started watching in January 2020. About 80% are operated by three airlines: GlobalX, Eastern Air Express and Avelo Airlines. They carry immigrants to other airports to be transferred to overseas flights or take them across the border, mostly to Central American countries and Mexico.
Cartwright tracked 5,962 flights from the start of Trump’s second term through July, a 41% increase from 1,721 over the same period in 2024. Those figures including information from major deportation airports but not smaller ones like King County International Airport, also known as Boeing Field. Cartwright’s figures include 68 military deportation flights since January — 18 in July alone. Most have gone to Guantánamo Bay, Cuba.
The work became so demanding that Cartwright, 71, and his group, Witness at the Border, turned over the job this month to Human Rights First, which dubbed its project “ICE Flight Monitor.”
“His work brings essential transparency to U.S. government actions impacting thousands of lives and stands as a powerful example of citizen-driven accountability in defense of human rights and democracy,” Uzrz Zeya, Human Rights First’s chief executive officer, said.
The airlines did not respond to multiple email requests for comment. ICE is part of the Department of Homeland Security, which would not confirm any security measures it has taken.
La Resistencia, a Seattle-area nonprofit immigration rights group, has monitored 59 flights at Boeing Field and five at the Yakima airport in 2025, surpassing its 2024 total of 42.
Not all are deportation flights. Many are headed to or from immigration detention centers or to airports near the border. La Resistencia counted 1,023 immigrants brought in to go to the ICE detention center in Tacoma, Washington, and 2,279 flown out, often to states on the U.S.-Mexico border.
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Texas GOP Set to Trigger National Redistricting Battle With Map Vote
Legal Interview |
2025/08/18 06:14
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The first domino in a growing national redistricting battle is likely to fall Wednesday as the Republican-controlled Texas legislature is expected to pass a new congressional map creating five new winnable seats for the GOP.
The vote follows prodding by President Donald Trump, eager to stave off a midterm defeat that would deprive his party of control of the House of Representatives, and weeks of delays after dozens of Texas Democratic state lawmakers fled the state in protest. Some Democrats returned Monday, only to be assigned round-the-clock police escorts to ensure their attendance at Wednesday’s session. Those who refused to be monitored were confined to the House floor, where they protested on a livestream Tuesday night.
Furious national Democrats have vowed payback for the Texas map, with California’s legislature poised to approve new maps adding more Democratic-friendly seats later this week. The map would still need to be approved by that state’s voters in November.
Normally, states redraw maps once a decade with new census figures. But Trump is lobbying other conservative-controlled states like Indiana and Missouri to also try to squeeze new GOP-friendly seats out of their maps as his party prepares for a difficult midterm election next year.
In Texas, Democrats spent the day before the vote continuing to draw attention to the extraordinary lengths the Republicans who run the legislature were going to ensure it takes place. Democratic state Rep. Nicole Collier started it when she refused to sign what Democrats called the “permission slip” needed to leave the House chamber, a half-page form allowing Department of Public Safety troopers to follow them. She spent Monday night and Tuesday on the House floor, where she set up a livestream while her Democratic colleagues outside had plainclothes officers following them to their offices and homes.
Dallas-area Rep. Linda Garcia said she drove three hours home from Austin with an officer following her. When she went grocery shopping, he went down every aisle with her, pretending to shop, she said. As she spoke to The Associated Press by phone, two unmarked cars with officers inside were parked outside her home.
“It’s a weird feeling,” she said. “The only way to explain the entire process is: It’s like I’m in a movie.”
The trooper assignments, ordered by Republican House Speaker Dustin Burrows, was another escalation of a redistricting battle that has widened across the country. Trump is pushing GOP state officials to tilt the map for the 2026 midterms more in his favor to preserve the GOP’s slim House majority, and Democrats nationally have rallied around efforts to retaliate.
House Minority Leader Gene Wu, from Houston, and state Rep. Vince Perez, of El Paso, stayed overnight with Collier, who represents a minority-majority district in Fort Worth.
On Tuesday, more Democrats returned to the Capitol to tear up the slips they had signed and stay on the House floor, which has a lounge and restrooms for members.
Dallas-area Rep. Cassandra Garcia Hernandez called their protest a “slumber party for democracy,” and she said Democrats were holding strategy sessions on the floor.
“We are not criminals,” Houston Rep. Penny Morales Shaw said.
Collier said having officers shadow her was an attack on her dignity and an attempt to control her movements.
Burrows brushed off Collier’s protest, saying he was focused on important issues, such as providing property tax relief and responding to last month’s deadly floods. His statement Tuesday morning did not mention redistricting, and his office did not immediately respond to other Democrats joining Collier.
“Rep. Collier’s choice to stay and not sign the permission slip is well within her rights under the House Rules,” Burrows said.
Under those rules, until Wednesday’s scheduled vote, the chamber’s doors are locked, and no member can leave “without the written permission of the speaker.”
To do business Wednesday, 100 of 150 House members must be present. The GOP plan is designed to send five additional Republicans from Texas to the U.S. House. Texas Democrats returned to Austin after Democrats in California launched an effort to redraw their state’s districts to take five seats from Republicans.
Democrats also said they were returning because they expect to challenge the new maps in court. |
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