Todays Date:  
   rss
  Legal Interview

Saying the president had exceeded his authority, a panel of three federal judges on Thursday blocked an order from President Donald Trump that tried to exclude people in the country illegally from being counted when congressional districts are redrawn.

The federal judges in New York, in granting an injunction, said the presidential order issued in late July was unlawful. The judges prohibited Commerce Secretary Wilbur Ross, whose agency oversees the U.S. Census Bureau, from excluding people in the country illegally when handing in 2020 census figures used to calculate how many congressional seats each state gets.

According to the judges, the presidential order violated laws governing the execution of the once-a-decade census and also the process for redrawing congressional districts known as apportionment by requiring that two sets of numbers be presented ? one with the total count and the other minus people living in the country illegally.

The judges said that those in the country illegally qualify as people to be counted in the states they reside. They declined to say whether the order violated the Constitution.

“Throughout the Nation’s history, the figures used to determine the apportionment of Congress ? in the language of the current statutes, the ‘total population’ and the ‘whole number of persons’ in each State ? have included every person residing in the United States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without,” the judges wrote.

Opponents of the order said it was an effort to suppress the growing political power of Latinos in the U.S. and to discriminate against immigrant communities of color. They also said undocumented residents use the nation’s roads, parks and other public amenities and should be taken into account for any distribution of federal resources.

The lawsuits challenging the presidential order in New York were brought by a coalition of cities, civil rights groups and states led by New York. Because the lawsuits dealt with questions about apportionment, it was heard by a three-judge panel that allows the decision to be appealed directly to the U.S. Supreme Court.

The judges agreed with the coalition that the order created confusion among undocumented residents over whether they should participate in the 2020 census, deterring participation and jeopardizing the quality of the census data. That harm to the census was a sufficient basis for their ruling and they didn’t need to rely on the speculation that a state would be hurt by possibly losing a congressional seat if people in the country illegally were excluded from apportionment, the judges said.



Virgin Atlantic’s 1.2 billion-pound ($1.6 billion) restructuring plan was approved Wednesday by the High Court in London, allowing the international airline to continue rebuilding its operations after the devastation caused by the coronavirus pandemic.

The deal, which has already been approved by creditors, must now be confirmed in the U.S. courts.

The airline announced the refinancing package in July to ensure its survival after passenger numbers dropped 98% in the second quarter. It includes 600 million pounds of support from the airline’s owners, Virgin Group and Delta Airlines, 450 million pounds of deferred payments to creditors and 170 million pounds of financing from U.S.-based Davidson Kempner Capital Management LP.

Virgin Atlantic, founded in 1984 by Richard Branson’s Virgin Group, has already cut 3,550 jobs, shuttered operations at London’s Gatwick Airport and announced plans to retire 11 aircraft as it seeks to weather the slowdown in air travel. The airline says it doesn’t expect passenger volume to return to pre-pandemic levels until 2023.

"Achieving this significant milestone puts Virgin Atlantic in a position to rebuild its balance sheet, restore customer confidence and welcome passengers back to the skies, safely, as soon as they are ready to travel,” the company said in a statement.

Delta invested $360 million in Virgin Atlantic in December 2012, acquiring a 49% stake in the airline. Virgin Group owns the remaining shares.

Virgin flies from London’s Heathrow Airport and Manchester to destinations in the U.S., China, India, Pakistan, South Africa, Nigeria, Israel and the Caribbean.



A Thai court issued a new arrest warrant on Tuesday for an heir to the Red Bull energy drink fortune, a month after news of the dropping of a long-standing charge against him caused widespread anger.

Assistant National Police Chief Lt. Gen. Jaruwat Waisay confirmed that Vorayuth Yoovidhya, commonly known by the nickname “Boss,” faces charges of causing death by negligent driving and use of a narcotic substance.

“This was the recommendation by the police committee investigating the case," he said by phone. "We are confident that we can move forward on this, otherwise this decision would not have been made.”

Vorayuth is the grandson of Chaleo Yoovidhya, one of the creators of the globally famous Red Bull brand. Forbes puts the family’s net worth at $20 billion.

Around dawn on Sept. 3 , 2012, Vorayuth was at the wheel of a Ferrari that struck the back of a traffic policeman’s motorcycle on a main Bangkok road. The officer was flung from his motorbike and died at the scene, while Vorayuth drove home.

The family does not dispute he was the driver but says the policeman caused the crash by veering suddenly across his path. A forensic examination at the time put his speed at around 177 kilometers (110 miles) per hour in an 80 kilometers (50 miles) per hour zone, and medical tests allegedly found traces of cocaine in his bloodstream.

For years Boss avoided court by not turning up to meet prosecutors. Meanwhile, the number of charges against him dwindled due to the statute of limitations.

After an AP investigation revealed that he was continuing to live a globetrotting life, using private jets to party around the world and staying in the family's luxurious properties, authorities finally issued an arrest warrant for causing death by reckless driving in April 2017.



The future of the Supreme Court is on the line, though it would be hard to tell from the Democratic National Convention that just concluded.

There was a fleeting glimpse of a younger Ruth Bader Ginsburg, a brief reference to the court by Senate Democratic leader Chuck Schumer of New York and a mention of it by Ayesha Curry, in a segment with NBA star Stephen Curry and their two daughters.

Neither Democratic presidential nominee Joe Biden nor vice presidential running mate Kamala Harris said a word about the high court in their acceptance speeches.

By contrast, President Donald Trump and other Republican candidates rarely miss a chance to talk up Trump's more than 200 federal court appointments, including Supreme Court justices  Neil Gorsuch and Brett Kavanaugh, with the prospect of more seats to fill in a second term.

“The most important thing a president can do is the appointment of federal judges and Supreme Court justices," Trump said at a recent campaign stop in Yuma, Arizona.

That's a refrain likely to be repeated at the Republican National Convention that begins on Monday and when Trump gives his acceptance speech later in the week.

The Democratic silence is all the more surprising because liberal groups are trying to motivate progressive voters by highlighting the GOP's success in restocking the federal bench with younger judges who might serve for decades.



Landlord advocacy groups filed a special action with the Arizona State Supreme Court Wednesday seeking to invalidate as unconstitutional Gov. Doug Ducey's moratorium on evictions of people who have missed rent payments because they became ill or lost their income due to the coronavirus.

The Arizona Multihousing Association, the Manufactured Housing Communities of Arizona and several individual property owners filed the action directly with the high court. It argues the moratorium violates the state constitution's separation of powers and its contract clause.

The multihousing association's president and CEO Courtney Gilstrap LeVinus says owners have waived fees, worked with renters to make payments, and helped them fill out government relief applications.

But five months after the moratorium was first imposed “we are at a breaking point,” she said, noting that property owners also have mortgages, taxes and other bills to pay.

She said rental housing is the only area of the state economy that has been compelled to provide a product or service free of charge during the pandemic. Ducey signed the moratorium order on March 24 and recently extended it until Oct. 31.

There was no immediate reaction from the governor's office to the court filing, which named the state and several justices of the peace and constables from around Arizona who are charged with serving eviction notices.

Arizona’s initial 120-day moratorium ending July 22 was supposed to ensure people wouldn’t lose their homes if they got COVID-19 or lost their jobs during pandemic restrictions. But advocates argued it was too early to end the ban because most of the government money set aside to help pay rents and mortgages still hasn’t been doled out.

The Arizona Housing Department still has a backlog of people trying to get rental assistance. Gregory Real Estate Management of Phoenix in July sued Ducey over the moratorium and asked that it be allowed to evict a family in a rental home in the city of Surprise over unpaid rent, which the firm says has passed $8,000.

But a Maricopa County Superior Court judge upheld the moratorium and disagreed with the company's argument that the governor’s action exceeded his authority or was unconstitutional. For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia and death. Pandemic restrictions, such as reducing capacity or closing businesses, are intended to limit crowds that can spread the virus.


Top Tier Legal Web Redesign by Law Promo

© LLP News. All Rights Reserved.

The content contained on the web site has been prepared by Breaking Legal News.
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.