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Pandemic means a silent June at the Supreme Court
Court Watch |
2020/06/04 09:56
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It’s the time of the year when Supreme Court justices can get testy. They might have to find a new way to show it.
The court’s most fought-over decisions in its most consequential cases often come in June, with dueling majority and dissenting opinions. But when a justice is truly steamed to be on a decision’s losing side, the strongest form of protest is reading a summary of the dissent aloud in court. Dissenting justices exercise what a pair of scholars call the “nuclear option” just a handful of times a year, but when they do, they signal that behind the scenes, there’s frustration and even anger.
The coronavirus pandemic has kept the justices from their courtroom since March and forced them to change their ways in many respects. Now, in their season of weighty decisions, instead of the drama that can accompany the announcement of a majority decision and its biting dissent, the court’s opinions are being posted online without an opportunity for the justices to be heard.
University of Maryland, Baltimore County political science professor William Blake, who co-authored the article calling oral dissents the nuclear option, says a June without them would be a “missed opportunity.” They are “a chance to see the justices as exhibiting emotions,” not just the logic of their opinions, he said.
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Ginsburg, from hospital, joins in on 'Obamacare' arguments
Court Watch |
2020/05/07 09:53
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The Supreme Court heard arguments Wednesday in a dispute involving Trump administration rules that would allow more employers who cite a religious or moral objection to opt out of providing no-cost birth control to women.
With arguments conducted by telephone because of the coronavirus pandemic, Justice Ruth Bader Ginsburg joined in from the Maryland hospital where she was being treated for an infection caused by a gallstone. The court said she expected to be in the hospital for a day or two.
Justice Clarence Thomas kept up his streak of asking questions, a rarity for him, during the third day of phone arguments, with live audio available to the public.
The case stems from the Obama-era health law, under which most employers must cover birth control as a preventive service, at no charge to women in their insurance plans.
Under the Affordable Care Act, the Obama administration exempted houses of worship, such as churches, synagogues and mosques, from the requirement. It created a way by which religiously affiliated organizations including hospitals, universities and charities could opt out of paying for contraception, but women on their health plans would still get no-cost birth control. Some groups complained the opt-out process violated their religious beliefs.
Trump administration officials in 2017 announced a rule change that allows many companies and organization with religious or moral objections to opt out of covering birth control without providing an alternate avenue for coverage. The rules were finalized in 2018. The government has estimated that the change would impact approximately 70,500 women who would lose contraception coverage in one year as a result. |
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Court drops rape, other charges against megachurch leader
Court Watch |
2020/04/12 11:41
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A California appeals court ordered the dismissal of a criminal case Tuesday against a Mexican megachurch leader on charges of child rape and human trafficking on procedural grounds.
Naason Joaquin Garcia, the self-proclaimed apostle of La Luz del Mundo, has been in custody since June following his arrest on accusations involving three girls and one woman between 2015 and 2018 in Los Angeles County. Additional allegations of the possession of child pornography in 2019 were later added. He has denied wrongdoing.
While being held without bail in Los Angeles, Garcia has remained the spiritual leader of La Luz del Mundo, which is Spanish for “The Light Of The World.” The Guadalajara, Mexico-based evangelical Christian church was founded by his grandfather and claims 5 million followers worldwide.
It was not clear when he would be released. The attorney general’s office said it was reviewing the court’s ruling and did not answer additional questions.
Garcia’s attorney, Alan Jackson, said he and his client are “thrilled” by the decision.
“In their zeal to secure a conviction at any cost, the Attorney General has sought to strip Mr. Garcia of his freedom without due process by locking him up without bail on the basis of unsubstantiated accusations by unnamed accusers and by denying him his day in court,” Jackson said in a statement.
La Luz del Mundo officials in a statement urged their followers to remain respectful and pray for authorities.
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New Mexico courts deem hunter information as public record
Court Watch |
2020/03/22 17:18
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The New Mexico Game and Fish Department has been ordered to release information about hunters to individuals who sought the records as part of separate court cases.
A state district judge is ordering the agency to turn over the names and addresses of those who won big game draws between 2015 and 2019 to a Los Alamos County resident who had petitioned the court for the information.
In the second case, the state Court of Appeals said the email addresses of individuals who applied for hunting licenses between 2015 and 2016 must be turned over to former Land Commissioner Aubrey Dunn.
The agency said Thursday that both courts concluded that information collected from the public in connection with the administration of the agency's public duties fall within the definition of public records and are subject to disclosure.
“The department argued against the release, but ultimately lost,” Game and Fish Director Michael Sloane said. “We value the privacy of our customers’ personal information but recognize that is the courts' interpretation of the current IPRA law.”
The department said it wanted to notify its customers that the information was being released and offered the number of the state attorney general's complaint hotline in case anyone is harassed by solicitors or others as a result of the disclosure.
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Spanish court: Google search must show man's acquittal first
Court Watch |
2020/03/10 12:18
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A Spanish court has partially accepted Google's appeal against a ruling that ordered it to erase news articles about a man accused of sexual abuse, but the new judgement said the company had to display the man's acquittal at the top of any search results.
A National Court decision Friday said that freedom of expression took precedence over personal data protection in this case. However, given the case's special circumstances, the person's acquittal must appear in first place in internet searches, it ruled.
In 2017, Spain's Data Protection Agency ruled in favor of a psychologist who was tried and acquitted on three counts of sexual abuse for which he faced a possible 27 years in prison.
The man, whose name was not released, applied to have Google's search engine erase 10 news articles relating to the case that appeared when his name was keyed in. The agency ordered eight story links to be blocked, saying the news was obsolete.
Google appealed, arguing that the articles were of public interest and access to them should be protected by free speech laws. It also maintained they were of current interest and not outdated.
Spain's privacy agency has long defended people's “right to be forgotten.” Its efforts triggered a landmark ruling in 2014 by Europe's highest court that said search engines must listen, and sometimes comply, when people ask for the removal of links to newspaper articles or other sites containing outdated or otherwise objectionable information about themselves. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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