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US courts rule for border walls both public and private
Legal World News |
2020/01/10 10:44
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Crews could start building a private border wall in South Texas within the coming days following a federal judge’s ruling Thursday that lifted a restraining order against the project.
U.S. District Judge Randy Crane’s order was the second federal ruling in two days in favor of border barriers. On Wednesday, the 5th U.S. Circuit Court of Appeals lifted a lower court’s stay that had prevented President Donald Trump’s administration from diverting $3.6 billion from military construction projects to fund 175 miles (280 kilometers) of border wall.
While the White House on Thursday celebrated the appeals court’s ruling, saying it rightfully lifted an “illegitimate nationwide injunction,” Crane’s ruling actually went against the U.S. government’s position.
Fisher Industries, a North Dakota-based construction firm, wants to install 3 miles (4.8 kilometers) of steel posts about 35 feet (10 meters) from the U.S. bank of the Rio Grande, the river that forms the U.S.-Mexico border in Texas. The company’s president, Tommy Fisher, wants to spend $40 million on the private border wall ? originally promoted by a pro-Trump online fundraising group ? to prove that his company can build barriers more effectively.
The U.S. government sued to stop Fisher on the grounds that building so close to the Rio Grande risked changing the flow of the river and potentially pushing floodwaters into Mexico, in violation of treaty obligations. The U.S. attorney’s office argued the project could shift the river and the international boundary, which violated the president’s authority “to conduct the foreign relations of the United States.”
Existing segments of fencing and the small sections that the government is currently building typically run along the Rio Grande levee or through property a significant distance away from the river. The U.S. is currently working to seize private land to build more sections of wall in Texas.
Crane issued a restraining order in December, but lifted that order Thursday. He also declined to grant a restraining order at the request of the National Butterfly Center, a nonprofit located next to the South Texas construction site. The butterfly center and environmentalists warn building a border barrier so close to the river could worsen erosion and potentially damage other land.
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High court upholds murder conviction for Albuquerque man
Legal World News |
2019/12/21 09:11
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An Albuquerque man’s convictions in the beating and fatal stabbing of his ex-wife’s husband will stand.
Terry White is serving life in prison plus 12 years for the December 2016 death of Don Fluitt. Fluitt’s body was found in the garage of his northwest Albuquerque home amid a custody battle with his ex-wife over his then-11-year-old daughter.
White’s attorneys had argued the evidence wasn’t sufficient to convict White of first-degree murder, aggravated burglary and tampering with evidence.
The state Supreme Court disagreed in a ruling Monday, saying the evidence was overwhelming.
The justices also said the trial court properly allowed testimony from a Navajo County, Arizona, sheriff’s deputy who said he believed White was attempting to commit suicide at a truck stop in Holbrook, Arizona.
The deputy approached White after seeing a blue hose leading from the exhaust inside White’s vehicle and towels stuffed in the windows. The deputy took White into custody when he discovered White had a warrant for his arrest.
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Protests of Indian law grow despite efforts to contain them
Legal World News |
2019/12/18 09:30
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From campuses along India’s Himalayan northern border to its southern Malabar Coast, a student-led protest movement against a new law that grants citizenship on the basis of religion spread nationwide on Wednesday despite efforts by the government to contain it.
The law provides a path to citizenship for Hindus, Buddhists, Christians and other religious minorities who are in India illegally but can demonstrate religious persecution in Muslim-majority Bangladesh, Pakistan and Afghanistan. It does not apply to Muslims.
Critics say it’s the latest effort by Prime Minister Narendra Modi’s Hindu nationalist-led government to marginalize India’s 200 million Muslims, and a violation of the country’s secular constitution.
Modi has defended it as a humanitarian gesture, but on Wednesday, authorities tightened restrictions on protesters, expanding a block on the internet and a curfew in Assam, where protests since the law’s passage a week ago have disrupted life in Gauhati, the state capital. They also restricted assembly in a Muslim neighborhood in New Delhi where demonstrators on Tuesday burned a police booth and several vehicles.
After India’s Supreme Court postponed hearing challenges to the law Wednesday, huge demonstrations erupted in Gauhati, in Chennai, in the southern state of Tamil Nadu, and in Mumbai, India’s financial capital. Protesters also rallied in Srinagar, the main city in disputed Kashmir and in the tourist mecca of Jaipur in the desert state of Rajasthan, and threw stones at buses in Kochi, the capital of the southernmost state of Kerala.
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Gov. Kelly to appoint first Supreme Court justice
Legal World News |
2019/12/16 09:29
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The Kansas Supreme Court will have a new member and a new chief justice next week.
Democratic Gov. Laura Kelly plans to have a Monday news conference to name a replacement for former Justice Lee Johnson, who retired in September. Meanwhile, Justice Marla Luckert is set to become the state court system’s top official Tuesday when current Chief Justice Lawton Nuss retires.
Kelly’s appointment Monday will be her first to the seven-member court, and she’ll fill a second spot by mid-March because of Nuss’ retirement. Luckert has served on the high court since 2003 and is second in seniority to Nuss.
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