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    Harvard law professor Alan Dershowitz castigated the Supreme Court on Fox News Friday after it struck down Roe v. Wade earlier in the day. He denounced the court’s decision as “judicial activism.” In its opinion in Dobbs v. Jackson Women’s Health Organization, the court ruled the 1973 case was wrongly decided and that there is no constitutional right to abortion. At issue in the opinion issued Friday was a Mississippi law banning abortion after 15 weeks of pregnancy. Dershowitz stated that the court overstepped its authority by deciding on a question that was not before the court. “I do think the Supreme Court should never have had to reach beyond the 15 weeks. That’s what was before the Supreme Court,” Dershowitz told Sean Hannity. “Why did the Supreme Court have to jump into this and say, ‘We’re not going to decide the case before us. We’re going to ban Roe vs. Wade, overrule it, and allow states… to abolish abortion completely’? That was judicial activism, overreaching. And Sean, you oppose judicial activism.” Dershowitz stated the court should have waited for...
    WASHINGTON -- Following the historic leak of a Supreme Court draft opinion, the nation awaits a final decision on a case that results in the overturning of Roe v. Wade and dramatically changing the landscape for abortion rights in America.The draft opinion, which is not the final ruling, was published by Politico on May 2 -- and later confirmed by the court to be authentic. Politico later reported that the Feb. 10 draft was still the only one circulated among the group and that none of the conservative justices have changed their vote in the wake of the bombshell leak.A final decision in the case, which involved a Mississippi law banning abortion after 15 weeks of pregnancy, is expected to be handed down by the end of June or early July.Protests became a near-daily occurrence since the document became public, with demonstrations extending to the homes of Chief Justice John Roberts, Justice Samuel Alito and Justice Brett Kavanaugh. A nationwide day of protest was held on May 14 featuring hundreds of "Bans Off Our Bodies" events organized by abortion-rights groups....
    Davidson County Chancery Court Judge Russell Perkins said at the conclusion of a hearing on Thursday that he will issue a ruling Friday on disqualified Tennessee’s 5th Congressional District candidate Robby Starbuck’s motion for injunction. Starbuck’s legal team hopes that the judge will grant the injunction and put Starbuck on the ballot. Given that the suit is Newsom vs. TN Republican Party et. al. and the state of Tennessee is not a named party in this matter, it is unclear that, even if the judge looked favorably on the motion, whether granting that injunction would indeed place Starbuck on the August 4 primary ballot. At a hearing on Thursday morning, Starbuck’s legal team argued in chancery court that the meeting in which the Tennessee Republican Party (TRP) voted to not restore him to the TN-5 GOP primary ballot violated Tennessee’s Open Meetings Act because it was conducted in private. Starbuck’s team said they believed that the case is straightforward and that the TRP in making the determination was functioning as a “state actor” and was subject to the open meetings...
    (CNN)The US Centers for Disease Control and Prevention defended its authority to issue a mask mandate for domestic travelers, in a brief filed Tuesday asking an appeals court to reverse a district court's decision in April to strike down the mandate. "It is difficult to imagine a more direct way to control the spread of communicable disease than a measure that traps infectious particles to prevent their spread," the agency said in the brief, filed by the Justice Department as part of the appeal of the case to the US 11th Circuit Court of Appeals. The brief critiqued the district court's assessment of the word "sanitation" in the relevant statute, with the Biden administration arguing that a mask requirement falls into the conventional understanding of the word. The Justice Department argued that the district court's logic would mean the CDC would not have the authority to take on many other kinds of measures it has implemented to limit the spread of communicable disease, noting that the law in question has been used "to prohibit the capture, distribution, or release of...
    Ever since oral arguments in the Dobbs v. Jackson case against abortion rights, anyone paying attention knew the U.S. Supreme Court was poised to gut the landmark Roe v. Wade decision ensuring Americans access to abortion as a constitutional right. But the leaked draft opinion penned for the high court majority by Justice Samuel Alito isn't just a blow to Roe, it's "a maximalist assault on progressive constitutionalism" that opens the floodgates to any rights Americans enjoy that are not explicitly enumerated in the Constitution. As Slate's Mark Joseph Stern notes, the opinion fails to treat abortion rights as unique or distinct in any way from other unenumerated rights the Supreme Court has conferred on Americans, such as the right to privacy, raise children, use contraception, or marry the person of their choosing regardless of the color of their skin or their gender. Toppling Roe is just the beginning of a series of previous Supreme Court rulings in the crosshairs of the right-wing majority. In fact, during the recent confirmation hearings Ketanji Brown Jackson, Sen. John Cornyn of Texas delivered...
    An Indiana Republican senator has come under fire after telling reporters that the Supreme Court's 1967 ruling striking down laws banning interracial marriage was wrong and the decision should be left to the states.   Senator Mike Braun, 67, made the controversial remarks during a media call on Tuesday. Braun was asked if he was okay with the Supreme Court hypothetically overturning landmark rulings such as Loving vs. Virginia, which found that laws banning interracial marriage violated the 14th amendment. 'Yes. If you are not wanting the Supreme Court to weigh in on issues like that, you are not going to be able to have your cake and eat it too. It's hypocritical,' Braun answered.  When pressed by the reporter again, and asked if he felt the same way about Griswold vs. Connecticut, a 1956 SCOTUS ruling that allowed married couples to use contraceptives, he reiterated his prior answer.  Braun said: 'You can list a whole host of issues, when it comes down to wherever they are, I am going to say they are not going to all make you happy...
    (CNN)A district court judge in Travis County, Texas, is expected to issue a ruling later Wednesday on whether she'll grant a temporary restraining order to prevent the state from performing child abuse investigations of families seeking gender-affirming health care for their transgender children. Judge Amy Clark Meachum of the 201st Civil District Court heard arguments Wednesday morning from a lawyer with Lambda Legal, an LGBTQ civil rights organization, asking for a temporary restraining order as part of its lawsuit with the ACLU claiming the state's Department of Family and Protective Services (DFPS) had already begun investigating the families of transgender teens. Texas Attorney General Ken Paxton issued a public legal opinion last week saying gender-affirming treatments and procedures for transgender children can constitute a form of child abuse. The legal opinion prompted Gov. Greg Abbott to instruct DFPS Commissioner Jaime Masters "to conduct a prompt and thorough investigation of any reported instances of these abusive procedures in the State of Texas."Abbott and Paxton were listed as candidates in the Republican primary that took place Tuesday. Abbott won the gubernatorial primary,...
    Next Wednesday the Supreme Court will hear oral arguments in an important gun case—New York State Rifle & Pistol Association (NYSRPA) v. Bruen. It seems likely the conservative majority’s ruling will, at the very least, make it easier to obtain a permit to carry a concealed firearm in public not only in the Empire State, but also in six other states with similar laws. But the case has the potential to produce a ruling that goes much further and expands on the Court’s most consequential gun ruling ever in District of Columbia v. Heller, made in 2008 when the conservatives’ grip on the majority wasn’t as strong as it is now. In Heller, five justices held that the Second Amendment protects an individual’s right to keep and bear arms in the home for lawful purposes such as self-defense with no requirement for any connection to a militia. A 2010 ruling in McDonald v. City of Chicago found that under the Due Process Clause of the 14th Amendment, Heller and Second Amendment protections in general apply to the states and localities. But neither ruling resolved whether this right to bear arms applies outside the...
    Bill Cosby arrives for sentencing for his sexual assault trial at the Montgomery County Courthouse on September 24, 2018 in Norristown, Pennsylvania. Gilbert Carrasquillo/Getty Images Bill Cosby's 2018 conviction for sexual assault was overthrown Wednesday. The Pennsylvania Supreme Court ruled 6-1 that Cosby was denied a fair trial. A 2005 deal Cosby made with former District Attorney Bruce Castor played a part in the ruling. Visit Insider's homepage for more stories. Bill Cosby was released from prison Wednesday after his conviction for sexual assault was thrown out by Pennsylvania's highest court. Many were stunned by the decision, including Cosby's spokesperson Andrew Wyatt, who told Insider, "This is amazing news. We're excited and we want to thank the Pennsylvania Supreme Court." In 2018, the 83-year-old comedian was convicted in the 2004 drugging and sexual assault of former Temple University employee, Andrea Constand. Cosby, who denied having sexual intercourse with Constand, served two years of a 10-year prison sentence. On Wednesday, the Pennsylvania State Supreme Court ruled that Cosby was denied a fair trial and that the actor's rights were...
    A three-judge panel of the 7th U.S. Circuit Court of Appeals Tuesday upheld an August ruling that rejected a request to expand mail-in voting to all Indiana voters. “Given that voting is already underway in Indiana, we…are wary of turning the State in a new direction at this stage,” the Tuesday ruling said. Indiana allows voters to vote by mail for a myriad of reasons, including disability, voters who lack transportation, voters who will not be home on Election Day, and voters over the age of 65. The group Indiana Vote By Mail and voters concerned about the risk of exposure to the coronavirus while voting sued election officials in April to force the court to extend the no-excuse mail-in balloting that the Indiana Election Commission (IEC) permitted during the primary, which extended absentee voting privileges to all registered and qualified voters, according to the Associated Press (AP). The IEC chose not to expand the no-excuse mail-in balloting, but Indiana law allows voters to vote up to 28 days early. The plaintiffs also argued that Indiana law violated the 26th Amendment because...
    Loading the player... Michigan Gov. Gretchen Whitmer is facing a crisis in the battleground state if a judge’s orders limiting her power to issue executive orders in the state remains in place. Read More: Mrs. Obama pleads with voters to ‘search your hearts,’ choose Biden According to the Detroit Free Press, Whitmer’s orders were shot down after the Michigan Supreme Court ruled last Friday she didn’t have the authority to use executive orders to continue coronavirus-related provisions. Whitmer used the orders when the state legislature didn’t act to extend a state of emergency after an initial order expired on April 30. HAMTRAMCK, MI – JANUARY 27: Michigan Gov. Gretchen Whitmer stands on stage at an event where General Motors announced that GMs Detroit-Hamtramck Assembly plant will build the all-electric Cruise Origin self-driving shuttle on January 27, 2020 in Hamtramck, Michigan. GM will invest $2.2 billion at the Detroit-Hamtramck plant and 2200 jobs for an all-electric future for electric pickups, SUVs, and autonomous vehicles. (Photo by Bill Pugliano/Getty Images) At issue are the social distancing and mask-wearing mandates...
    MIAMI (CBSMiami) – A Broward judge is deciding whether Florida’s Stand Your Ground law applies to two deputies charged in the battery of a teenager. A week-long virtual pre-trial hearing for Sgt. Gregory Lacerra and former BSO deputy Christopher Krikovich concluded Friday. The two responded to a disruption outside a Tamarac McDonald’s in 2019, where more than 100 teenagers had gathered reportedly for a fight. In a video that went viral, Lacerra is seen pepper-spraying a then 15-year-old DeLucca Rolle. Krikovich is captured wrestling and pushing Rolle’s head into the ground. “It’s scary as hell. There’s a 100 teenagers, it’s dangerous,” Sgt Lacerra testified earlier in the week. WATCH: TEEN PEPPER SPRAYED, HEAD SLAMMED INTO GROUND DURING ARREST Despite the tense crowd that had gathered on that April after school, prosecutors say deputies should have de-escalated the situation. But Lacerra’s defense attorney Eric Schwartzreich says the deputy feared being punched and that is why he pepper-sprayed Rolle. Download The New CBS4 News App Here “Saying they should have de-escalated is like trying to...
    WASHINGTON -- The latest: Supreme Court issuea ruling on DACA, the program shielding immigrants from deportation.This is a breaking news update. A previous version of this report is below.Many immigrants are feeling anxious as they wait to hear whether the U.S. Supreme Court will allow President Donald Trump to end the Deferred Action for Childhood Arrivals program -- or DACA-- which shields them from deportation.The Court is expected to issue a ruling on DACA before the end of June, as the justices heard arguments last fall and are expected to decide before they wrap up work for the summer.For the 650,000 enrolled in DACA, waiting means nerves, stomachaches and little sleep. If the Supreme Court sides with Trump, many of those immigrants can be deported and they no longer will be able to legally work.Reyna Montoya's hands get sweaty and her throat feels like it's closing just talking about the anxiety of every Monday this spring.The immigrant rights activist, who's shielded from deportation because of the program, sets a 6 a.m. alarm so she's alert when the latest Supreme Court...
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