Wednesday, May 9, 2018

Bakery appeals to UK Supreme Court in gay-rights cake case

A bakery owned by a Christian family asked Britain's Supreme Court on Tuesday to overturn a ruling that it discriminated against a gay customer for refusing to make a cake supporting same-sex marriage. Ashers Baking Co. in Northern Ireland refused in 2014 to make a cake iced with the "Sesame Street" characters Bert and Ernie and the slogan "Support Gay Marriage." The owners argued they were happy to bake goods for anyone, but could not put messages on their products at odds with their Christian beliefs. After the customer filed a lawsuit that received backing from Northern Ireland's Equalities Commission, lower courts ruled that the bakery's refusal was discriminatory. Judges from the London-based Supreme Court heard the bakery's appeal at a special sitting in Belfast that is due to continue Wednesday. David Scoffield, lawyer for the bakery's owners, argued Tuesday that the family should not be compelled to create a product "to which they have a genuine objection in conscience."

Climate change lawsuit filed by Alaska youth goes to court

The state has argued in court that a climate change lawsuit filed by 16 young Alaska residents should be thrown out because climate policies must be decided by the state Legislature and the executive branch, not the courts. The state and plaintiffs argued their cases on Monday before an Anchorage judge in a hearing to decide if the lawsuit should advance, Alaska's Energy Desk reported . The plaintiffs, ranging from children in elementary school to college students, say the state is violating their constitutional rights by failing to limit greenhouse gas emissions. Assistant Attorney General Seth Beausang asked the court to dismiss the case, citing the Alaska Supreme Court's dismissal of a similar climate change case in 2014 setting precedent. "The court said that weighing all those interests was a policy decision entrusted to the political branches, and not to the courts," Beausang said. The 2014 case and the current one were both filed with help from an Oregon-based nonprofit, Our Children's Trust, which has filed legal actions on behalf of young people across the country demanding action on climate change. The plaintiffs said that in the years since the 2014 Supreme Court ruling, Alaska has implemented a de facto climate policy by continuing to encourage activities like oil and gas production. "The state's climate and energy policy is causing catastrophic harm to Alaska's climate system and endangering plaintiff's lives and liberties and their very futures," Our Children's Trust attorney Andrew Welle said. "These claims are squarely within the authority of the court." Attorneys for both sides said they expect a ruling within the next six months.

Australian cardinal back in court on sex abuse charges

Australian Cardinal George Pell, the most senior Vatican official to be charged in the Catholic Church sex abuse crisis, arrived Wednesday for an appearance in a Melbourne court where he will eventually stand trial on sexual abuse charges spanning decades. Magistrate Belinda Wallington on Tuesday ordered Australia’s highest-ranking Catholic to appear at Victoria state County Court after ruling that prosecutors’ case was strong enough to warrant a trial by jury. Pell is expected to face a brief preliminary hearing in which a trial date could be set. Wallington dismissed about half the charges that had been heard in a four-week preliminary hearing. The details of the allegations and the number of charges have not been made public. Lawyers for Pell, who is Pope Francis’ finance minister, have been fighting the allegations since before he was charged last June with sexual abuse against multiple people in Victoria from the time he was a priest in his hometown of Ballarat in the 1970s until the 1990s, when he was archbishop of Melbourne. When Wallington asked Pell on Tuesday how he pleaded, the cardinal said in a firm voice, “Not guilty.” Wallington gave the 76-year-old permission not to stand, as is customary. When the magistrate left the room at the end of the hearing, many people in the packed public gallery broke into applause. Vatican spokesman Greg Burke issued a statement saying: “The Holy See has taken note of the decision issued by judicial authorities in Australia regarding His Eminence Cardinal George Pell. Last year, the Holy Father granted Cardinal Pell a leave of absence so he could defend himself from the accusations. The leave of absence is still in place.” Pell’s plea marked the only words he spoke in public during the hearing. Wearing a cleric’s collar, white shirt and dark suit, he was silent as he entered and left the downtown courthouse with his lawyer, Robert Richter. More than 40 police officers maintained order on the crowded sidewalk outside.

Friday, November 17, 2017

Michigan health chief back in court in Legionnaires' case

Testimony is resuming in a criminal case against Michigan's health director, who is accused of keeping the public in the dark about Legionnaires' disease during the Flint water disaster. Nick Lyon is charged with involuntary manslaughter and misconduct in office. A judge must decide whether there is enough evidence to send him to trial. The case picks up again Wednesday. Judge David Goggins hasn't heard testimony since Oct. 6. That's when urban affairs adviser Harvey Hollins said he told Gov. Rick Snyder about a Legionnaires' outbreak a few weeks before the governor made it public in January 2016. Hollins' testimony contradicts what Snyder has said publicly. Nonetheless, the governor is sticking to his timeline. Lawyers for Lyons say it's all irrelevant in the case against him.

Tuesday, August 15, 2017

Man suspected in Indiana officer's killing due in court

A man suspected in the fatal shooting of a police officer in Indianapolis is due in court as prosecutors weigh formal charges in the case. Twenty-eight-year-old Jason Brown remains held without bond on suspicion of murder in Thursday's killing of Southport police Lt. Aaron Allan. Indianapolis police spokesman Sgt. Kendale Adams says Brown was expected to be moved from a hospital to Marion County's jail for his initial hearing Tuesday. Brown was hospitalized after another officer shot him following Allan's shooting. He has not been formally charged. An affidavit filed Friday says Brown was "hysterical" and dangling upside down in his overturned car as Allan approached to help after Brown's speeding car overturned. It says Brown opened fire on Allen, who suffered 14 gunshot wounds.

Friday, June 16, 2017

Groups sue seeking court oversight of Chicago police reforms

Several leading community groups filed a class-action lawsuit against the city of Chicago Wednesday in a bid to bypass or even scuttle a draft agreement between the city and the U.S. Department of Justice that seeks to reform the nation's second largest police force without federal court oversight. The more than 100-page lawsuit filed in U.S. District Court in Chicago argues that an overhaul of Chicago's 12,000-officer force in the wake of a damning civil rights report in January can't work without the intense scrutiny of a court-appointed monitor answerable to a judge. "Absent federal court supervision, nothing will improve," the lawsuit says. "It is clear that federal court intervention is essential to end the historical and on-going pattern and practice of excessive force by police officers in Chicago." While President Donald Trump's attorney general, Jeff Sessions, has expressed skepticism about court involvement, President Barack Obama's administration saw it as vital to successful reforms. Obama's Justice Department typically took a city reform plan to a judge to make it legally binding in the form of a consent decree. Wednesday's lawsuit — which names Black Lives Matters Chicago among the plaintiffs — asks for a federal court to intervene and order sweeping reforms to end the "abusive policies and practices undergirding the alleged constitutional and state law violations." Mayor Rahm Emanuel's administration said earlier this month that a draft deal negotiated by the city and the Justice Department — one that foresees a monitor not selected by a court — is being reviewed in Washington. Justice Department spokesman Devin O'Malle cautioned last week that "there is no agreement at this time." A lead attorney in the new lawsuit, Craig Futterman, a University of Chicago law professor and outspoken advocate for far-reaching police reforms, said in a telephone interview that reports about the draft influenced the decision to sue now.

Trump visiting Supreme Court as justices weigh travel ban

justices are weighing what to do with the president's ban on travelers from six mostly Muslim countries. But the reason for his high court trip Thursday is purely ceremonial, to mark Justice Neil Gorsuch's ascension to the bench. Trump has no role in the courtroom ceremony, but presidents often make the trip to the court from the White House to honor their nominees. While the dispute over the travel ban and other controversies have simmered during Trump's first few months in office, his choice of the 49-year-old Gorsuch for the Supreme Court won widespread praise in the legal community as well as unanimous Republican support in the Senate. A federal judge first blocked Trump's initial travel ban in early February. The president issued a revised version in March. It never took effect after judges in Maryland and Hawaii put it on hold. Two federal appeals courts have since upheld those lower court orders. The Trump administration has asked the Supreme Court to allow the ban to take effect immediately. Gorsuch actually has been a member of the high court since April, and he even issued his first opinion on Monday. The investiture ceremony typically takes place before a new justice's first day on the bench, but Gorsuch was confirmed and sworn in on a tight schedule. He filled the seat that had been held for nearly 30 years by Justice Antonin Scalia, who died in February 2016. The high court seat was vacant for nearly 14 months after Senate Republicans refused to take up President Barack Obama's nomination of Judge Merrick Garland.