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Supreme Court Refuses to Block Texas Abortion Law
Topics in Legal News | 2013/11/22 10:27
A sharply divided Supreme Court on Tuesday allowed Texas to continue enforcing abortion restrictions that opponents say have led more than a third of the state's clinics to stop providing abortions.

The justices voted 5-4 to leave in effect a provision requiring doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.

The court's conservative majority refused the plea of Planned Parenthood and several Texas abortion clinics to overturn a preliminary federal appeals court ruling that allowed the provision to take effect. The four liberal justices dissented.

The case remains on appeal to the 5th U.S. Circuit Court of Appeals in New Orleans. That court is expected to hear arguments in January, and the law will remain in effect at least until then.

Justice Stephen Breyer, writing for the liberal justices, said he expects the issue to return to the Supreme Court once the appeals court issues its final ruling.

The Texas Legislature approved the requirement for admitting privileges in July.

In late October, days before the provision was to take effect, a trial judge blocked it, saying it probably is unconstitutional because it puts a "substantial obstacle" in front of a woman wanting an abortion.

But a three-judge appellate panel moved quickly to overrule the judge. The appeals court said the law was in line with Supreme Court rulings that have allowed for abortion restrictions so long as they do not impose an "undue burden" on a woman's ability to obtain an abortion. Writing for the appeals court, Judge Priscilla Owen noted that the Texas law would not end the procedure, only force women to drive a greater distance to obtain one.

Justice Antonin Scalia, writing in support of the high court order Tuesday, said the clinics could not overcome a heavy legal burden against overruling the appeals court. The justices may not do so "unless that court clearly and demonstrably erred," Scalia said in an opinion that was joined by Justices Samuel Alito and Clarence Thomas.

Chief Justice John Roberts and Justice Anthony Kennedy did not write separately or join any opinion Tuesday, but because it takes five votes to overturn the appellate ruling, it is clear that they voted with their conservative colleagues.


Spain court rejects handing pedophile to Morocco
Topics in Legal News | 2013/11/18 16:45
Spain's National Court has ruled against extraditing back to Morocco a convicted Spanish pedophile whose release triggered protests in the North African country.

A court statement Monday said Daniel Galvan Vina would not be handed back because under a bilateral agreement Spain and Morocco do not extradite their citizens to each other. The court said, however, it would begin a process to ensure that Galvan serves out his sentence in a Spanish jail, something the convict had originally asked for.

Galvan was convicted of raping 11 children in Morocco and sentenced to 30 years prison in 2011. He was mistakenly pardoned by Morocco's King Mohammed VI in July but was arrested in Spain days later after the king rescinded his pardon following the protests.


High court wrestles with prayer in government
Topics in Legal News | 2013/11/08 15:27
The Supreme Court wrestled Wednesday with the appropriate role for religion in government in a case involving mainly Christian prayers at the start of a New York town's council meetings.

The justices began their day with the marshal's customary plea that "God save the United States and this honorable court." They then plunged into a lively give-and-take that highlighted the sensitive nature of offering religious invocations in public proceedings that don't appeal to everyone and governments' efforts to police the practice.

The court is weighing a federal appeals court ruling that said the Rochester suburb of Greece, N.Y., violated the Constitution because nearly every prayer in an 11-year span was overtly Christian.

The tenor of the argument indicated the justices would not agree with the appellate ruling. But it was not clear what decision they might come to instead.

Justice Elena Kagan summed up the difficult task before the court when she noted that "every time the court gets involved in things like this, it seems to make the problem worse rather than better."

The justices tried out several approaches to the issue, including one suggested by the two Greece residents who sued over the prayers to eliminate explicit references to any religion.



The Law Offices of Tenecia P. Reid - Manassas Divorce Attorney
Topics in Legal News | 2013/11/02 15:53
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Appeals court upholds slugger Bonds' conviction
Topics in Legal News | 2013/09/18 15:42
A federal appeals court on Friday upheld former Giants slugger Barry Bonds' obstruction-of-justice conviction stemming from rambling testimony he gave during a 2003 appearance before a grand jury investigating elite athletes' use of performance-enhancing drugs.

The 9th U.S. Circuit Court of Appeals ruled that Bonds' testimony was ''evasive'' and capable of misleading investigators and hindering their probe into a performance-enhancing-drug ring centered at the Bay Area Laboratory Co-Operative, better known as BALCO.

In a statement Friday night, Bonds said he was disappointed but he has instructed his attorneys to ask that he be allowed to immediately begin serving his sentence of 30 days of house arrest and two years of probation.

''Meanwhile, I also intend to seek further judicial review of the important legal issues presented by the appeal that was decided today,'' Bonds said. ''This has been a long and difficult chapter in my life and I look forward to moving beyond it once I have fulfilled the penalties ordered by the court.''

Like several other prominent athletes who testified before the grand jury, Bonds was granted immunity from criminal prosecution as long as he testified truthfully.

But after Bonds repeatedly denied knowingly using performance-enhancing drugs - he testified he thought he was taking flax seed oil and other legal supplements - prosecutors charged him with obstruction and with making false statements.

A jury convicted Bonds of a single felony count of obstruction, stemming from when he was called before the grand jury in San Francisco in December 2003. Bonds was asked whether his trainer, Greg Anderson, had ever injected him with a substance, and he replied by discussing the difficulties of being the son of a famous father. Bonds' father is former major leaguer Bobby Bonds.


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