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India's top court grants equal rights to women in army
Topics in Legal News | 2020/02/11 10:57
India’s top court on Monday ordered the federal government to grant permanent commission and command positions to female officers in the army on par with men, asserting that the government's arguments against the policy were based on gender stereotypes.

The court’s decision, seen as a watershed moment for the Indian military, would mean that women can extend their short service roles in noncombat support units such as education, law and logistics until they want to retire and rise to the rank of Colonel, based on merit.

Currently, female officers can serve for only 10 to 14 years in the army.

“This is a historic decision and a significant day for not only those who are serving in the army but for also those who are desirers of joining forces,” said Lt. Col. Anjali Bisht.

The Supreme Court’s decision, however, does not mean that female officers will serve in army combat units such as the infantry, artillery or armored corps.

Monday's decision comes days after the government told the court that women were not suitable for commanding posts in the army, saying male troops were not prepared yet to accept female officers. It also said that male and female officers could not be treated equally when it came to postings because the “physical capacity of women officers remains a challenge for command of units.”

The court said in its order that such arguments were against the concept of equality.


Trump asks Supreme Court to unfreeze border wall money
Topics in Legal News | 2019/07/15 12:37
The Trump administration on Friday asked the Supreme Court to lift a freeze on Pentagon money it wants to use to build sections of a border wall with Mexico.

Two lower courts have ruled against the administration in a lawsuit over the funding. Last week, a divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco kept in place a lower court ruling preventing the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona, California and New Mexico.

At stake in the case is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump ended a 35-day government shutdown in February after Congress gave him approximately $1.4 billion in border wall funding, far less than the $5.7 billion he was seeking. Trump then declared a national emergency to take cash from other government accounts to use to construct sections of wall.

The money includes $3.6 billion from military construction funds, $2.5 billion from Defense Department counterdrug activities and $600 million from the Treasury Department's asset forfeiture fund. The Treasury Department funds have so far survived legal challenges, and the transfer of the military construction funds has not yet been approved.

At issue in the case before the Supreme Court is just the $2.5 billion in Defense Department funds, which the administration says will be used to construct more than 100 miles of fencing. The lawsuit challenging the use of those funds was brought by the American Civil Liberties Union on behalf of the Sierra Club and Southern Border Communities Coalition. Late Friday, Supreme Court Justice Elena Kagan gave the groups until the afternoon of July 19 to respond in writing to the Trump administration's filing.


A Colorado man of missing Colorado woman in court
Topics in Legal News | 2018/12/21 12:10
A Colorado man suspected of killing his fiance has made his first court appearance. Patrick Frazee appeared by teleconference at a Teller County District Court hearing. Frazee was arrested earlier Friday in the disappearance of 29-year-old Kelsey Berreth. Authorities say the 32-year-old Frazee faces charges of first-degree murder and solicitation of murder.

Berreth was last seen in the Colorado town of Woodland Park on Thanksgiving Day. KOAA-TV reports a public defender was appointed for Frazee.

Officials say the daughter of woman her fiance is suspected of killing will live with the woman's family. Woodland Park police Chief Miles de Young said the family of 29-year-old Kelsey Berreth does not want to comment.

He told reporters Friday that Berreth's cellphone was found in Idaho and that investigators are working to recover it. The fiance, Patrick Frazee, was charged with the murder of Berreth and solicitation to commit murder.

The two lived separately and De Young says authorities have evidence suggesting the killing happened at Berreth's home in Woodland Park, in central Colorado.





Court could deal blow to porn star, award Trump legal fees
Topics in Legal News | 2018/12/02 09:21
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.


Supreme Court wrestles with case on detention of immigrants
Topics in Legal News | 2018/10/09 10:15
The Supreme Court wrestled Wednesday with a case about the government’s ability to detain certain immigrants after they’ve served sentences for committing crimes in the United States. Several justices expressed concerns with the government’s reading of immigration law.

Justice Stephen Breyer seemed perhaps the most sympathetic to the arguments of immigrants in the case. The immigrants, mostly green-card holders, say they should get hearings where they can argue for their release while deportation proceedings against them are ongoing. Breyer noted that the United States “gives every triple ax murderer a bail hearing.”

While members of the court’s conservative majority seemed more inclined than its liberal members to back the government, both of President Donald Trump’s appointees asked questions that made it less clear how they might ultimately rule.

The issue in the case before the justices has to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government to pick those people up when they are released from federal or state prisons and jails and then hold them without bond hearings while an immigration court decides whether they should be deported.

But those affected by the law aren’t always picked up immediately and are sometimes not detained until years later. They argue that unless they’re picked up essentially within a day of being released, they’re entitled to a hearing where they can argue that they aren’t a danger to the community and are not likely to flee. If a judge agrees, they can stay out of custody while their deportation case goes forward. That’s the same hearing rule that applies to other noncitizens the government is trying to deport.

The Trump administration argues, as the Obama administration did, against hearings for those convicted of crimes and affected by the law. The government reads immigration law to say that detention is mandatory for those people regardless of when they are picked up.

Sounding sympathetic to the immigrants’ arguments, Breyer asked a lawyer arguing for the government whether he thought “a person 50 years later, who is on his death bed, after stealing some bus transfers” is still subject to mandatory detention without a hearing. But Breyer also seemed to suggest that the government might be able to hold noncitizens without bond hearings if they were picked up more than a day after leaving custody, maybe up to six months.


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