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Justices take up high-profile case over young immigrants
Court Watch | 2019/11/07 20:49
The Supreme Court is taking up the Trump administration’s plan to end legal protections that shield 660,000 immigrants from deportation, a case with strong political overtones amid the 2020 presidential election campaign.

All eyes will be on Chief Justice John Roberts when the court hears arguments Tuesday. Roberts is the conservative justice closest to the court’s center who also is keenly aware of public perceptions of an ideologically divided court.

It’s the third time in three years that the administration is asking the justices to rescue a controversial policy that has been blocked by several lower courts.

The court sided with President Donald Trump in allowing him to enforce the travel ban on visitors from some majority Muslim countries, but it blocked the administration from adding a citizenship question to the 2020 census.

Roberts was the only member of the court in the majority both times, siding with four conservatives on the travel ban and four liberals in the census case. His vote could be decisive a third time, as well. With Congress at an impasse over a comprehensive immigration bill, President Barack Obama decided to formally protect people from deportation while also allowing them to work legally in the U.S.

But Trump made tough talk on immigration a central part of his campaign and less than eight months after taking office, he announced in September 2017 that he would end DACA.


Solider said to be Satanist faces court hearing in bomb plot
Court Watch | 2019/11/02 10:10
An Army infantry soldier described by a prosecutor as a Satanist hoping to overthrow the U.S. government faces a federal court hearing in a case in which he’s charged with distributing information about building bombs.

The hearing in U.S. District Court in Topeka on Monday comes about five weeks after Jarrett William Smith pleaded not guilty to charges of distributing explosives information and making a threatening interstate communication. His attorneys have argued he was only an internet troll spouting off online.

Smith was a private stationed at Fort Riley, Kansas. He’s accused of providing information about explosives to an FBI undercover agent and with threatening to burn down the house of a far-left-leaning “antifa” member.

Authorities say he also wanted to target a major news organization with a car bomb.



Georgia high court affirms dismissal of election challenge
Court Watch | 2019/11/01 10:07
Georgia's highest court on Thursday affirmed a lower court dismissal of a lawsuit challenging the outcome of last year's race for lieutenant governor in a case that put a spotlight on the outdated voting machines the state is in the process of replacing.

The lawsuit alleged that an undercount of tens of thousands of votes in the lieutenant governor's race was likely caused by problems with the state's paperless touchscreen voting machines that either caused voters not to vote in that race or those votes to go uncounted.

That assertion is "wholly unsupported" by the record in the case, so the trial court wasn't wrong to conclude that the plaintiffs "failed to meet their burden of showing an irregularity in Georgia's electronic voting system sufficient to cast doubt on the 2018 election," Georgia Supreme Court Justice Sarah Warren wrote in the unanimous opinion.

Republican Geoff Duncan beat Democrat Sarah Riggs Amico by 123,172 votes to become lieutenant governor. Amico is not a party to the lawsuit, which was filed in November by the Coalition for Good Governance, an election integrity advocacy organization; Smythe Duval, who ran for secretary of state as a Libertarian; and two Georgia voters. It was filed against Duncan and election officials.

Senior Superior Court Judge Adele Grubbs dismissed the lawsuit in January. In their appeal to the high court, the plaintiffs argued that Grubbs erred by not allowing discovery prior to trial.



Court Weighing Whether Judge Can Unseal Lynching Records
Court Watch | 2019/10/26 10:11
A historian’s effort to unseal grand jury records from the brazen 1946 lynching of two black couples on a Georgia riverbank prompted tough questions in a federal appeals court, but the judges also suggested there might be another way to win release of the records.

The young black sharecroppers were traveling a rural road in the summer of 1946 when a white mob stopped the car beside the Apalachee River, about 50 miles (80 kilometers) east of Atlanta. The mob dragged them out, led them to the river’s edge and shot them to death in a case that horrified the nation that year.

The FBI investigated for months and more than 100 people reportedly testified before a grand jury, but no one was ever indicted in the deaths of Roger and Dorothy Malcom and George and Mae Murray Dorsey at Moore’s Ford Bridge in Walton County.

Historian Anthony Pitch wrote about the unsolved killings ? “The Last Lynching: How a Gruesome Mass Murder Rocked a Small Georgia Town” ? and continued his research after the book’s 2016 publication. He learned transcripts of the grand jury proceedings, once thought to have been destroyed, were stored by the National Archives.

Pitch, died in June at age 80, before his case could be resolved, but his widow is continuing the fight, along with Laura Wexler, who wrote another book about the lynching and joined the case at the family’s request.



Supreme Court takes up case over quick deportations
Court Watch | 2019/10/21 20:52
The Supreme Court will review a lower court ruling in favor of a man seeking asylum and which the Trump administration says could further clog the U.S. immigration court system.

The justices said Friday they will hear the administration's appeal of a ruling by the federal appeals court in San Francisco that blocked the quick deportation of a man from Sri Lanka.

The high court's decision should come by early summer in the middle of the presidential campaign. It could have major implications for those seeking asylum and administration efforts to speed up deportations for many who enter the U.S. and claim they'll be harmed if they are sent home.

The court's intervention comes in the case of Vijayakumar Thuraissigiam. He is a member of the Tamil ethnic minority who says he was jailed and tortured for political activity during the civil war between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam.

He fled the country in 2016, after he was tortured again by intelligence officers, he said in court papers. He crossed the U.S.-Mexico border on Feb. 17, 2017 where he was arrested by a Border Patrol agent 25 yards into the U.S.

He requested asylum. But he did not pass his initial screening, a "credible fear" interview where he had to show a well-founded fear of persecution, torture or death if he were to return to his home country. Nearly 90 percent of all asylum seekers pass their initial interview, and then are generally released into the country where they await court proceedings.


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