|
|
|
Supreme Court skeptical of man who offered adult adoptions
Press Release |
2023/03/28 14:44
|
The Supreme Court seemed inclined Monday to rule against a man convicted of violating immigration law for offering adult adoptions he falsely claimed would lead to citizenship.
Attorneys for Helaman Hansen told the justices during approximately 90 minutes of arguments that the law he was convicted of violating was too broad. But the court’s conservative majority in particular seemed willing to side with the government and conclude that it is not.
Justice Neil Gorsuch noted that the law “has been on the books for 70 years” without some of the issues Hansen’s lawyers worried about. He also expressed no sympathy for Hansen himself, who he said was “taking advantage of very vulnerable people.”
“He had every intent in the world to keep these people here to take their money with no prospect they’d ever” actually get citizenship, Gorsuch said.
The case involves a section of federal immigration law that says a person such as Hansen who “encourages or induces” a non-citizen to come to or remain in the United States illegally can be punished by up to five years in prison. That’s increased to up to 10 years if the person doing the encouraging is doing so for their own financial gain.
The federal government says that from 2012 to 2016 Hansen — who lived in Elk Grove, California, near Sacramento — deceived hundreds of non-citizens into believing that he could guarantee them a path to citizenship through adult adoption.
Based on Hansen’s promises, officials say, people either came to or stayed in the United States in violation of the law, even though Hansen knew that the adult adoptions he was arranging would not lead to citizenship. The government says at least 471 people paid him between $550 and $10,000 and that in total he collected more than $1.8 million.
Hansen was ultimately convicted of encouragement charges as well as fraud charges. He was sentenced to 10 years in prison for the encouragement charges and another 20 years on the fraud charges. But a federal appeals court ruled that the law on encouragement is overbroad and violates the free speech clause of the First Amendment and overturned just those convictions.
The court’s three liberal justices seemed more concerned about the reach of the law. Justice Elena Kagan asked “what happens to all the cases” where a lawyer, doctor, neighbor, friend or teacher “says to a non-citizen: ‘I really think you should stay.’” Kagan wanted to know whether those people could or would be prosecuted under the law. |
|
|
|
|
|
|
Supreme Court rules against Boston in Christian flag case
Press Release |
2022/05/02 14:37
|
A unanimous Supreme Court ruled Monday that Boston violated the free speech rights of a conservative activist when it refused his request to fly a Christian flag on a flagpole outside City Hall.
Justice Stephen Breyer wrote for the court that the city discriminated against the activist, Harold Shurtleff, because of his “religious viewpoint,” even though it had routinely approved applications for the use of one of the three flagpoles outside City Hall that fly the U.S., Massachusetts and Boston flags.
Occasionally, the city takes down its own pennant and temporarily hoists another flag.
Shurtleff and his Camp Constitution wanted to fly a white banner with a red cross on a blue background in the upper left corner, called the Christian flag, to mark Constitution Day, Sept. 17, in 2017.
The city had approved 284 consecutive applications to fly flags, usually those of other nations, before it rejected Shurtleff’s because it was a Christian flag. The city said he could fly a different banner, but Shurtleff refused, and lower courts upheld the city’s decision.
But the high court said the lower courts and the city were wrong. The case hinged on whether the flag-flying is an act of the government, in which case Boston can do whatever it wants, or private parties like Shurtleff, Breyer wrote.
|
|
|
|
|
|
|
Kansas AG asking judge to dismiss redistricting lawsuits
Press Release |
2022/03/09 10:36
|
Attorney General Derek Schmidt is asking a Wyandotte County judge to dismiss two lawsuits filed over new Kansas congressional district lines enacted by Republican lawmakers.
Schmidt’s request Monday came three days after the Kansas Supreme Court refused to dismiss the lawsuits and another in Douglas County at the Republican attorney general’s request.
Democrats and the voting-rights group Loud Light argue that the congressional redistricting law enacted over Democratic Gov. Laura Kelly’s veto represents partisan and racial gerrymandering. They say it violates the Kansas Constitution. They’re suing Secretary of State Scott Schwab and county election officials because they would administer the new law.
The map makes it harder for the only Kansas Democrat in Congress, Rep. Sharice Davids, to get reelected in her Kansas City-area district.
Schmidt and fellow Republicans argue that the new map isn’t gerrymandering and even if it were, state courts have no power under the Kansas Constitution to rule on congressional districts.
|
|
|
|
|
|
|
Walker appointee, judge, prof face off in high court primary
Press Release |
2020/02/14 14:02
|
Wisconsin voters will choose between a Republican appointee, a Madison judge and a law professor as they winnow down the candidates for a state Supreme Court seat in a primary Tuesday.
Conservative Justice Dan Kelly will face off against liberal-leaning Jill Karofsky and Ed Fallone. The top two vote-getters will advance to the April 7 general election with a 10-year term on the high court at stake.
The race can’t change the court’s ideological leaning since conservative-leaning justices currently have a 5-2 edge. But a Kelly defeat would cut their margin to 4-3 and give liberals a shot at a majority in 2023.
Then-Gov. Scott Walker, a Republican, appointed Kelly to the Supreme Court in 2016 to replace the retiring David Prosser. An attorney by trade, he represented Republican lawmakers in a federal trial over whether they illegally gerrymandered Wisconsin’s legislative district boundaries in 2011. He’s also a member of The Federalist Society, a conservative organization that advocates for a strict interpretation of the U.S. Constitution.
Karofsky is a wiry marathon runner who has completed two Iron Man competitions. She also won the state doubles tennis championship in 1982 for Middleton High School.
She has served as an assistant prosecutor in the Dane County district attorney’s office, general counsel for the National Conference of Bar Examiners and executive director of the state Department of Justice’s Office of Crime Victim Services. She won election as a Dane County circuit judge in 2017.
|
|
|
|
|
|
|
Public unions see only modest decline after court ruling
Press Release |
2019/07/13 12:45
|
Anticipating that the U.S. Supreme Court might end mandatory union fees for public employees, some labor-friendly states enacted laws last year to protect membership rolls while unions redoubled their recruitment efforts.
Those steps appear to have paid off, at least initially.
Union membership among public employees has fallen only slightly in the nation’s most unionized states since the Supreme Court ruled a year ago that government workers no longer could be required to pay union fees, according to an analysis of federal data conducted for The Associated Press.
The decline in union membership rates has been larger in states that had previously allowed mandatory fees to be deducted from the paychecks of public school teachers, police and other government workers than in states that had not. Yet the drop has been less than what some labor leaders had feared following the high court decision, which reversed a 41-year-old legal precedent.
|
|
|
|
|
|
Legal News RSS Feed
