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US Supreme Court denies Nevada church’s appeal of virus rule
Court Watch |
2020/07/24 12:57
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A sharply divided U.S. Supreme Court denied a rural Nevada church’s request late Friday to strike down as unconstitutional a 50-person cap on worship services as part of the state’s ongoing response to the coronavirus.
In a 5-4 decision, the high court refused to grant the request from the Christian church east of Reno to be subjected to the same COVID-19 restrictions in Nevada that allow casinos, restaurants and other businesses to operate at 50% of capacity with proper social distancing.
Calvary Chapel Dayton Valley argued that the hard cap on religious gatherings was an unconstitutional violation of its parishioners’ First Amendment rights to express and exercise their beliefs.
Chief Justice John Roberts sided with the liberal majority in denying the request without explanation.
Three justices wrote strongly worded dissenting opinions on behalf of the four conservatives who said they would have granted the injunctive relief while the court fully considers the merits of the case.
“That Nevada would discriminate in favor of the powerful gaming industry and its employees may not come as a surprise, but this Court’s willingness to allow such discrimination is disappointing,” Justice Samuel Alito wrote in a dissent joined by Clarence Thomas and Brett Kavanaugh.
“We have a duty to defend the Constitution, and even a public health emergency does not absolve us of that responsibility,” Alito said. “The Constitution guarantees the free exercise of religion. It says nothing about freedom to play craps or blackjack, to feed tokens into a slot machine or to engage in any other game of chance.”
Kavanaugh also wrote his own dissent, as did Justice Neil Gorsuch, who said today’s world “with a pandemic upon us, poses unusual challenges.”
“But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel,” Gorsuch wrote.
David Cortman, senior counsel for Georgia-based Alliance Defending Freedom representing the church, said in an email sent to The Associated Press late Friday that they were disappointed in the ruling but will continue to work to protect Calvary Chapel and others “from discriminatory policies that put religious groups at the back of the line for reopening.”
“When the government treats churches worse than casinos, gyms, and indoor amusement parks in its COVID-19 response, it clearly violates the Constitution,” he said.
The governor’s office didn’t immediately respond to a request for comment. |
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Given a chance, Trump would push court pick before election
Court Watch |
2020/07/16 08:16
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President Donald Trump and Senate Majority Leader Mitch McConnell have tried to make it clear: Given the chance, they would push through a Supreme Court nominee should a vacancy occur before Election Day.
The issue has taken on new immediacy with the disclosure Friday that Justice Ruth Bader Ginsburg is receiving chemotherapy for a recurrence of cancer after four earlier bouts with the disease. The 87-year-old liberal, who apologized in 2016 for her pointed public criticism of Trump during his first campaign, says she has no plans to retire.
The development has focused even more on what's at stake this election, with the winner in position to help shape the trajectory of the court for years to come.
Trump administration officials have underscored that Trump would not hesitate to fill an opening before voters have their say Nov. 3, less than four months away, on whether to give him a second term.
Four years ago, also in a presidential election year, the GOP-controlled Senate refused to vote when President Barack Obama, a Democrat, nominated Merrick Garland, a federal judge, to succeed Justice Antonin Scalia after his death in February. Nine months before that year's election, McConnell said voters should determine who would nominate the person to fill that seat.
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New Orleans councilman, attorney plead not guilty to fraud
Court Watch |
2020/07/12 09:43
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New Orleans City Council President Jason Williams and an attorney in his law firm pleaded not guilty to federal tax fraud charges on Friday.
Williams, 47, and Nicole Burdett, 39, appeared remotely before a federal magistrate judge and entered their pleas to charges of conspiracy, preparing false or fraudulent tax returns and failing to file tax forms related to cash received, news outlets reported.
The two were charged in an 11-count indictment last month following a yearslong investigation led by the Internal Revenue Service and the FBI.
Williams, a criminal defense lawyer, was accused of inflating his business expenses from 2013 to 2017 in order to reduce his tax liability by more than $200,000, according to the U.S. Attorney’s Office for the Western District of Louisiana. The indictment also alleged Williams and Burdett, an attorney in Williams’ law office who also handled administrative duties, failed to file the proper reports on cash payments from clients totaling $66,516.
Williams’ attorney, Billy Gibbens, has contended his client was just following the advice of his tax preparer, saying the accountant made the errors on his own, according to The Times-Picayune/The New Orleans Advocate. Michael Magner, an attorney for Burdett, also said his client was innocent and did not have any role in the tax decisions.
Williams and Gibbens raised questions about the timing of the indictment as Williams prepares to challenge Orleans Parish District Attorney Leon Cannizzaro for the top prosecuting role. The campaign qualifying period for the Nov. 3 election is set to end July 24. Williams has said he still plans to run for the seat, according to The Times-Picayune/The New Orleans Advocate. A preliminary trial date for the case was set for Sept. 14.
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Ohio to U.S. Supreme Court: Keep signature rules in place
Court Watch |
2020/06/23 16:47
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The state of Ohio continued Monday to defend its right to impose normal signature requirements on ballot issue campaigns amid the global pandemic.
Uncertainty over the question prompted a voting-rights campaign to suspend its ballot effort last week, but minimum wage and marijuana decriminalization issues remain.
In a filing with the U.S. Supreme Court, Republican Attorney General Dave Yost’s attorneys argued that a lower court judge who had temporarily relaxed the rules effectively “rewrote Ohio’s Constitution and Revised Code.”
The state also argued that changing signature-gathering rules now would lead to “last-minute confusion” and the possible wrongful passage of issues this fall. The argument has an ironic twist, since some of the delay pushing the campaigns closer to the signature deadline has been caused by the litigation itself.
U.S. District Court Judge Edmund Sargus Jr. set up the more flexible rules in a May 19 decision. They would have allowed campaigns promoting minimum wage, voting rights and marijuana issues to collect signatures electronically. Sargus had also extended the deadline for submitting signatures by about a month, to July 31.
The U.S. 6th Circuit Court of Appeals blocked those less restrictive rules from kicking in. Justices have been asked to decide whether failing to accommodate ballot campaigns during the time of COVID-19 violates their constitutional right to access Ohio’s ballot.
A decision by the justices will no longer help what was the most high-profile of Ohio’s fall ballot campaigns. Ohioans for Safe and Secure Elections, which advanced election-law changes aiming to make voting easier, suspended its campaign last week as its protracted fight to proceed with the effort neared the June 30 filing deadline. |
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Top Manhattan prosecutor leaves job after standoff with Barr
Court Watch |
2020/06/21 16:47
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An extraordinary standoff between the Justice Department and Manhattan U.S. Attorney Geoffrey S. Berman ended Saturday when the prosecutor agreed to leave his job with an assurance that his investigations into allies of President Donald Trump would not be disturbed.
The announcement capped two days of conflicting statements, allegations of political interference in prosecutions, and defiance from Berman. On Saturday, Attorney General William Barr said Berman’s refusal to resign under pressure prompted Trump to fire him. Trump tried to distance himself from the dispute, telling reporters the decision “was all up to the attorney general.”
This episode deepened tensions between the Justice Department and congressional Democrats, who have accused Barr of politicizing the agency and acting more like Trump’s personal lawyer than the country’s chief law enforcement officer. It also raised questions about ongoing investigations in the Southern District of New York, most notably a probe into Rudy Giuliani, the president’s personal attorney.
Barr set off the whirlwind chain of events on Friday night with a surprise announcement that Berman was resigning, without explanation. But Berman insisted he had not resigned, was not stepping down and his investigations would continue.
On Saturday morning, he showed up to work, telling reporters, “I’m just here to do my job.” Hours later, Barr announced Berman’s firing. “Unfortunately, with your statement of last night, you have chosen public spectacle over public service,” Barr wrote in a letter released by the Justice Department. He said the idea that Berman had to continue on the job to safeguard investigations was “false.”
Although Barr said Trump had removed Berman, the president told reporters: “That’s all up to the attorney general. Attorney General Barr is working on that. That’s his department, not my department.” Trump added: “I wasn’t involved.”
The administration’s push to cast aside Berman amounted to a political and constitutional clash between the Justice Department and one of the nation’s top districts, which has tried major mob, financial crimes and terrorism cases over the years. |
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UConn student fugitive in court on murder charge, police say
Court Watch |
2020/06/10 10:26
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A University of Connecticut student, who police say used a machete to kill a man, fatally shot a high school acquaintance, and then spent six days as a fugitive, will be arraigned Friday on murder and other charges, authorities said.
Peter Manfredonia, 23, will be arraigned in Rockville Superior Court in the May 22 death of Ted DeMers in nearby Willington, Connecticut, Trooper Josue Dorelus said at a news briefing.
It was not clear whether Manfredonia has an attorney who could comment on his behalf about the charges. Manfredonia is accused of killing DeMers, 62, and seriously wounding another man in the machete attack.
Two days later, police say, Manfredonia stole a truck and guns and fatally shot high school acquaintance Nicholas Eisele, 23, in Derby, Connecticut. He is being held on a $5 million bond. He is charged with murder, criminal attempt to commit murder, assault, home invasion, kidnapping with a firearm, robbery, larceny, stealing a firearm and assault on an elderly person.
State police said further charges will be filed in Eisele's death and the kidnapping of Eisele's girlfriend, who was later found unharmed in New Jersey.
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