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Transgender woman in Supreme Court case 'happy being me'
Law Firm Press Release | 2019/09/20 00:08
Aimee Stephens lost her job at a suburban Detroit funeral home and she could lose her Supreme Court case over discrimination against transgender people. Amid her legal fight, her health is failing.

But seven years after Stephens thought seriously of suicide and six years after she announced that she would henceforth be known as Aimee instead of Anthony, she has something no one can take away.

The Supreme Court will hear Stephens' case Oct. 8 over whether federal civil rights law that bars job discrimination on the basis of sex protects transgender people. Other arguments that day deal with whether the same law covers sexual orientation.

The cases are the first involving LGBT rights since the retirement of Justice Anthony Kennedy, the court's gay-rights champion and decisive vote on those issues. They probably won't be decided before spring, during the 2020 presidential campaign.

The 58-year-old Stephens plans to attend the arguments despite dialysis treatments three times a week to deal with kidney failure and breathing problems that require further treatment. She used a walker the day she spoke to AP at an LGBT support center in the Ferndale suburb north of Detroit.

"I felt what they did to me wasn't right. In fact, it was downright wrong," Stephens said, her North Carolina roots evident in her speech. "But I also realized it wasn't just me, that there were others in the world facing the same tune."

On the other side of the case is the R.G. and G.R. Harris Funeral Homes, whose owner worries that a ruling for Stephens also would prohibit sex-specific sleeping facilities in shelters, as well as showers, restrooms and locker rooms. Congress can change the law to make explicit protections for LGBT people if it wishes, owner Thomas Rost says in court papers.


High Court overturns city mandate on construction projects
Law Firm Press Release | 2019/09/17 00:12
A divided Ohio Supreme Court has upheld a state law invalidating a Cleveland requirement that public construction contractors hire city residents for a portion of work on projects.

A 2003 Cleveland ordinance mandates that residents must perform 20% of the total hours on public construction projects over $100,000.

The GOP-controlled Legislature approved a bill in 2016 stripping local governments of the ability to impose such residency requirements on contractors. The high court on Tuesday sided with the state in a 4-3 decision.

Mayor Frank Jackson says the city will ask the Court to reconsider the ruling immediately.

Cleveland City Council President Kevin Kelley says the ruling is an attack on "the ability of cities to help life people out of poverty and establish careers.

Supreme Court ruling clear, but Brexit future still murky

The landmark British Supreme Court ruling that Prime Minister Boris Johnson's suspension of Parliament was unlawful did not deal directly with plans for Britain's anticipated departure from the European Union. Brexit will however be top of the agenda in Parliament now that lawmakers have returned.

As things stand, Britain is scheduled to leave the EU on Oct. 31 unless the British government requests an extension and the other 27 EU countries agree to a further delay.



US appeals court: Another conflict in New Orleans courts
Law Firm Press Release | 2019/09/05 15:26
A state magistrate judge in New Orleans has a conflict of interest when he sets bail for criminal defendants because bail fees help fund court operations, a federal appeals court said Thursday ? the second time in a week it has found such a conflict in New Orleans courts.

The ruling was in response to an appeal filed by Orleans Parish Criminal District Court Magistrate Judge Harry Cantrell ? often the first court official to preside over a newly arrested defendant’s case, and the one who initially sets bond.

A three-judge panel of the 5th U.S. Circuit Court of Appeal rejected Cantrell’s appeal and upheld a lower court finding that there was a conflict because fees collected as part of bail go to a judicial expense fund.

The lower court’s ruling came in response to a lawsuit filed by two state criminal defendants, one of whom was jailed for two weeks until money for a bail bond was raised, and another who was never able to come up with the money and stayed in jail for a month.

“Because he must manage his chambers to perform the judicial tasks the voters elected him to do, Judge Cantrell has a direct and personal interest in the fiscal health of the public institution that benefits from the fees his court generates and that he also helps allocate,” Judge Gregg Costa wrote for the appeals panel. The bond fees, the opinion said, contribute between 20% and 25% of the amount spent by the court in recent years.

Last Friday, a separate 5th Circuit panel said the district court judges who hear cases and preside over trials have a conflict of interest when they are faced with deciding whether some defendants are able to pay fines and fees that partially fund their court’s expenses. That decision was in response to a lawsuit filed by criminal defendants who accused the New Orleans-based court of operating what amounted to a debtors’ prison.


Puerto Ricans get their 3rd governor in 6 days
Law Firm Press Release | 2019/08/08 09:25
Justice Secretary Wanda Vazquez became Puerto Rico’s new governor Wednesday, just the second woman to hold the office, after weeks of political turmoil and hours after the island’s Supreme Court declared Pedro Pierluisi’s swearing-in a week ago unconstitutional.

Accompanied by her husband, Judge Jorge Diaz, and one of her daughters, Vazquez took the oath of office in the early evening at the Supreme Court before leaving without making any public comment. She then issued a brief televised statement late Wednesday, saying she feels the pain that Puerto Ricans have experienced in recent weeks.

“We have all felt the anxiety provoked by the instability and uncertainty,” Vazquez said, adding that she would meet with legislators and government officials in the coming days. “Faced with this enormous challenge and with God ahead, I take a step forward with no interest other than serving the people ... It is necessary to give the island stability, certainty to the markets and secure (hurricane) reconstruction funds.”

The high court’s unanimous decision, which could not be appealed, settled the dispute over who will lead the U.S. territory after its political establishment was knocked off balance by big street protests spawned by anger over corruption, mismanagement of funds and a leaked obscenity-laced chat that forced the previous governor and several top aides to resign.

But it was also expected to unleash a new wave of demonstrations because many Puerto Ricans have said they don’t want Vazquez as governor.

“It is concluded that the swearing in as governor by Hon. Pedro R. Pierluisi Urrutia, named secretary of state in recess, is unconstitutional,” the court said in a brief statement.


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