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Court issues temporary restraining order on Gov. Kelly's order
Court News | 2020/04/19 23:27
A federal judge issued a limited temporary restraining order on Governor Kelly's order banning religious gatherings of ten or more people. The ruling was made by Judge John W. Broomes Saturday evening.

Kelly responded, saying, "This is not about religion. This is about a public health crisis,” Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.”

A telephone conference call had be arranged to hear arguments from attorneys. Broomes also set a time for a preliminary injunction hearing on Wednesday at the federal courthouse in Wichita.
Court issues temporary restraining order on Gov. Kelly's order

The churches and their pastors filed a federal lawsuit Thursday against Kelly, arguing that the directive violates their religious and free-speech rights, as well as their right to assembly.

A federal judge issued a limited temporary restraining order on Governor Kelly's order banning religious gatherings of ten or more people.

The ruling was made by Judge John W. Broomes Saturday evening.

Kelly responded, saying, "This is not about religion. This is about a public health crisis,” Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.”

A telephone conference call had be arranged to hear arguments from attorneys. Broomes also set a time for a preliminary injunction hearing on Wednesday at the federal courthouse in Wichita.

The churches and their pastors filed a federal lawsuit Thursday against Kelly, arguing that the directive violates their religious and free-speech rights, as well as their right to assembly.


Democratic super PAC: We will fight Trump in court over ads
Court News | 2020/04/16 23:29
A leading Democratic super PAC has promised it will tangle in court with President Donald Trump’s reelection campaign to keep airing television ads the Republican president is trying to keep off the airwaves.

Priorities USA Action chief Guy Cecil said Thursday that his group will intervene as a defendant in a lawsuit that Trump’s campaign filed in Wisconsin state court to block a local NBC affiliate from airing one of the super PAC’s ads that blasts the president’s response to the coronavirus pandemic.

“The Trump campaign is trying to railroad a TV station into censorship of ads critical of the president, and we will not let that stand,” Cecil said. “We stand by the facts in the ad and will defend it in court if necessary.”

The lawsuit, filed against WJFW-TV, an NBC affiliate in northern Wisconsin, sets up a notable battle between Trump’s financially flush reelection campaign and one of the biggest spending groups in Democratic politics. Priorities USA has spent much of Trump’s term researching voters’ views in key battleground states, including Wisconsin, that delivered Trump his Electoral College victory in 2016, and the PAC has committed to an extended television and digital advertising campaign to potential swing voters in those states.

The ad in question pieces together audio clips of the president downplaying the threat posed by the COVID-19 virus, while a chart that is splashed across the screen gradually begins to shoot upward as cases of the virus skyrocketed across the nation.


Court allows medication abortions in Texas during pandemic
Court News | 2020/04/14 23:30
A federal appeals court panel ruled that medication abortions, in which pills are taken to terminate a pregnancy, can be provided in Texas during the coronavirus pandemic.

Texas Republican Gov. Greg Abbott issued an executive order last month that bars non-essential medical procedures so that health resources can go to treating coronavirus patients. Texas’ Republican attorney general has said that providing abortions other than for an immediate medical emergency would violate the order.

In a ruling Monday, a three-judge panel of the 5th U.S. Circuit Court of Appeals said that medication abortions can go forward. In a concurrence, Judge James L. Dennis wrote that Texas' move to ban medication abortions “is a strong indication that the enforcement is pretextual and does not bear a ‘real or substantial relation’ to the public health crisis we are experiencing.”

Over the weekend, Texas abortion clinics asked the Supreme Court to step in to allow medication abortions.

Such an abortion involves taking one pill at a clinic, then taking a second pill 24 to 48 hours later, typically at home. Clinics have argued that medication abortions do not require personal protective equipment like masks, gloves and gowns that might be needed for coronavirus patients.


Kansas' high court rules for governor on religious services
Court News | 2020/04/12 13:01
The Kansas Supreme Court ruled Saturday that a Republican-dominated legislative panel exceeded its authority when it tried to overturn the Democratic governor’s executive order banning religious and funeral services of more than 10 people during the coronavirus pandemic.

The decision letting Gov. Laura Kelly’s order stand came after the justices heard oral arguments one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance. The Saturday hearing was the court’s first conducted completely via video conferencing.

The court ruled that legislative action designed to give the legislative leadership panel the ability to overrule Kelly’s executive orders was flawed and didn’t legally accomplish that.

The hearing, which was the court’s first conducted completely via video conferencing, came one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance.

“In this time of crisis, the question before the court is whether a seven-member legislative committee has the power to overrule the governor. The answer is no,” said Clay Britton, chief counsel for the governor.


Court drops rape, other charges against megachurch leader
Court News | 2020/04/07 13:05
A California appeals court ordered the dismissal of a criminal case Tuesday against a Mexican megachurch leader on charges of child rape and human trafficking on procedural grounds.

Naason Joaquin Garcia, the self-proclaimed apostle of La Luz del Mundo, has been in custody since June following his arrest on accusations involving three girls and one woman between 2015 and 2018 in Los Angeles County. Additional allegations of the possession of child pornography in 2019 were later added. He has denied wrongdoing.

While being held without bail in Los Angeles, Garcia has remained the spiritual leader of La Luz del Mundo, which is Spanish for “The Light Of The World.” The Guadalajara, Mexico-based evangelical Christian church was founded by his grandfather and claims 5 million followers worldwide.

It was not clear when he would be released. The attorney general’s office said it was reviewing the court’s ruling and did not answer additional questions.

Garcia’s attorney, Alan Jackson, said he and his client are “thrilled” by the decision.

“In their zeal to secure a conviction at any cost, the Attorney General has sought to strip Mr. Garcia of his freedom without due process by locking him up without bail on the basis of unsubstantiated accusations by unnamed accusers and by denying him his day in court,” Jackson said in a statement.

La Luz del Mundo officials in a statement urged their followers to remain respectful and pray for authorities.


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