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Appeals court won't re-hear the 'dusky gopher frog' case
Law Blogs |
2017/02/15 10:10
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Advocates for an endangered species of frog have won a victory in a case that's headed for the U.S. Supreme Court.
A federal appeals court in New Orleans has refused to revive an environmental case involving the "dusky gopher frog."
Last year, a three-judge panel of the 5th U.S. Circuit Court of Appeals rejected a Louisiana business's attempt to keep the federal government from listing its timberland as essential for the frog's future.
On Monday the full court voted 8-6 against re-hearing the case.
The frogs now live in some parts of Mississippi but once were found in Alabama and Louisiana as well. Environmentalists say the Louisiana land in question contains a type of pond essential to the species' survival.
The case next goes to the Supreme Court.
The majority offered no comment Monday. Judge Edith Jones wrote a strongly worded 30-page dissent on behalf of the six-member minority. Among her arguments: the habitat in question contains one, but not all, of the features deemed necessary for the dusky gopher frog's survival.
Jones said the appeals court's majority applied federal law incorrectly and the landowner should not be prohibited from developing land where the frog cannot "naturally live and grow."
"She agreed with us that non-habitat can never be critical habitat," said Reed Hopper, an attorney for the Pacific Legal Foundation, which represents landowner Markle Interests LLC. He confirmed that a Supreme Court appeal is planned.
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Supreme Court considers suit over 2001 detention of Muslims
Law Blogs |
2017/01/15 23:57
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Ahmer Abbasi speaks softly as he describes the strip searches, the extra shoves, the curses that he endured in a federal jail in Brooklyn following the Sept. 11 attacks.
"I don't think I deserved it," Abbasi said during a telephone interview with The Associated Press from his home in Karachi, Pakistan.
Abbasi's quiet, matter-of-fact tone belies his determination, even after 15 years, to seek justice in American courts — provided the Supreme Court will let him.
The justices on Wednesday are hearing an appeal from former Attorney General John Ashcroft, former FBI Director Robert Mueller and other former U.S. officials that seeks to shut down the lawsuit that human rights lawyers have filed on behalf of Abbasi and others over their harsh treatment and prolonged detention.
"Somebody has to be accountable, somebody has to be responsible," said Abbasi, 42, who works in real estate in Pakistan.
The former officials, including the top immigration enforcement officer and the warden and deputy warden at the New York City jail, say it should not be them.
"Senior government officials should not be regularly second-guessed by lawsuits seeking money damages from them in their personal capacity," said Richard Samp, chief counsel at the Washington Legal Foundation and author of a brief from four former attorneys general.
Abbasi was among more than 80 men who were picked up in the days and weeks following Sept. 11 on immigration violations. Until then, he said he had been "living the American dream" since coming from Pakistan in 1993. He was living in Jersey City, New Jersey, across the river from Manhattan and driving a taxi in New York.
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Massachusetts teen due in court in texting suicide case
Law Blogs |
2016/12/20 16:56
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A Massachusetts woman accused of sending her boyfriend text messages encouraging him to kill himself is due in court for a pretrial hearing.
Michelle Carter is charged with manslaughter in the 2014 death of Conrad Roy III. The 18-year-old Roy died of carbon monoxide poisoning. Prosecutors say the then-17-year-old Carter had sent him dozens of messages urging him to follow through on his suicide plan.
Earlier this month, Carter’s attorney asked a judge for funds to hire an expert to explain the effects of an antidepressant to a jury at Carter’s trial. The judge denied the request.
Carter’s lawyer said both teens were taking an antidepressant that has a warning that it may cause suicidal thoughts.
Carter’s lawyer said he may make additional arguments at a hearing scheduled for Monday. |
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Spain court orders Operation Puerto blood bags released
Law Blogs |
2016/06/15 15:08
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A Spanish court ruled Tuesday that blood bags that are key evidence in one of Spain's worst doping scandals should be handed over to authorities for investigation.
The Madrid Provincial Court said bags containing blood samples and plasma should be handed over to the Spanish Cycling Federation, the World Anti-Doping Agency, the International Cycling Union and Italy's Olympic Committee.
The announcement came 10 years after Operation Puerto revealed a doping network involving some of the world's top cyclists when police seized coded blood bags from the Madrid clinic of sports doctor Eufemiano Fuentes.
The decision backed an appeal by lawyers for prosecuting parties against a 2013 court ruling that the bags should be destroyed for privacy reasons.
The court said Thursday's ruling "took into account that the goal is to fight against doping, which goes against sport's ethical values."
Not ordering the bags to be made available would have "generalized the danger of other sports people being tempted to dope themselves and sent a negative social message that the end justifies the means," the court said.
The 2013 order to destroy the blood bags outraged the sports community. Spain's anti-doping agency, the International Cycling Union and the World Anti-Doping Agency were among the entities that appealed.
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Supreme Court rejects states' challenge to Colorado pot law
Law Blogs |
2016/03/20 00:42
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The Supreme Court has rejected an effort by Nebraska and Oklahoma to have Colorado's pot legalization declared unconstitutional.
The justices are not commenting Monday in dismissing the lawsuit the states filed directly at the Supreme Court against their neighbor.
They argued that Colorado's law allowing recreational marijuana use by adults runs afoul of federal anti-drug laws. The states also said that legalized pot in Colorado is spilling across the borders into Nebraska and Oklahoma, complicating their anti-drug efforts and draining state resources.
The Obama administration had sided with Colorado, despite the administration's opposition to making marijuana use legal.
Justices Clarence Thomas and Samuel Alito would have heard the states' lawsuit. |
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