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Alabama immigration fight recalls civil rights era
Industry News | 2011/10/31 08:40
The epicenter of the fight over the patchwork of immigration laws in the United States is not Arizona, which shares a border with Mexico and became a common site for boycotts. Nor was it any of the four states that were next to pass their own crackdowns.

No, the case that's likely to be the first sorted out by the U.S. Supreme Court comes from the Deep South state of Alabama, where the nation's strictest immigration law has resurrected ugly images from the state's days as the nation's battleground for civil rights a half-century ago.

And Alabama's jump to the forefront says as much about the country's evolving demographics as it does the nation's collective memory of the state's sometimes violent path to desegregation.

With the failure of Congress in recent years to pass comprehensive federal immigration legislation, Arizona, Georgia, Utah, South Carolina and Indiana have passed their own. But supporters and opponents alike agree none contained provisions as strict as those passed in Alabama, among them one that required schools to check students' immigration status. That provision, which has been temporarily blocked, would allow the Supreme Court to reconsider a decision that said a kindergarten to high school education must be provided to illegal immigrants.


High court avoids dispute over highway crosses
Industry News | 2011/10/31 08:40
The Supreme Court won't hear an appeal of a ruling that 12-foot-high crosses along Utah highways in honor of dead state troopers violate the Constitution.

The justices voted 8-1 Monday to reject an appeal from Utah and a state troopers' group that wanted the court to throw out the ruling and take a more permissive view of religious symbols on public land.

Since 1998, the private Utah Highway Patrol Association has paid for and erected more than a dozen memorial crosses, most of them on state land. Texas-based American Atheists Inc. and three of its Utah members sued the state in 2005.

The federal appeals court in Denver said the crosses were an unconstitutional endorsement of Christianity by the Utah state government.

Justice Clarence Thomas issued a 19-page opinion dissenting from Monday's order. Thomas said the case offered the court the opportunity to clear up confusion over its approach to disputes over the First Amendment's Establishment Clause, the prohibition against governmental endorsement of religion.


Indiana, Planned Parenthood in court over funding
Industry News | 2011/10/21 09:36
Planned Parenthood of Indiana can end a dispute over a law that would cut some of its public funding if it became two separate entities, with one offering abortion services and the other offering general health services, an attorney for the state told a federal appeals court Thursday.

Solicitor General Thomas Fisher said during oral arguments before the 7th Circuit Court of Appeals in Chicago that Indiana's new law is aimed at keeping taxpayer dollars from indirectly subsidizing abortions.

He told the appeals court that Planned Parenthood of Indiana could ensure that wouldn't happen by separating its operations into two entities.

Only by separating the two can we be sure that there's no cross-subsidy, Fisher said.

Planned Parenthood's attorney, Ken Falk of the American Civil Liberties Union, told the appeals court during the 45-minute hearing that Indiana's own Medicaid agency warned state lawmakers while they were weighing the legislation that it would violate Medicaid recipients' freedom of choice by targeting the abortion provider.


Utah man charged with threatening air marshals
Industry News | 2011/10/17 10:07
A Utah man has been charged in federal court after authorities say he threatened to shoot air marshals, hijack the flight and urinate in the cabin of a Delta Airlines plane en route from Amsterdam to Detroit.

During a Thursday appearance in U.S. District Court in Salt Lake City, a judge allowed Jared L. Hansen to remain free pending a Nov. 7 hearing in Detroit. Hansen was ordered to surrender his passport and abstain from drinking alcohol, among other conditions.

He didn't return a telephone message seeking comment Thursday, and no attorney was listed for him in court records.

Hansen, 31, was aboard an Oct. 4 Delta Airlines flight from Amsterdam to Detroit when authorities say he attempted to use the bathroom in the business class section of the cabin. Members of the flight crew asked him to either return to his seat or use the facilities in the rear of the cabin, but he refused, according to a criminal complaint filed in U.S. District Court in Detroit.

Hansen, who was believed to be heavily intoxicated, then threatened to urinate in the cabin and exposed himself, authorities said.


US court turns down Philly DA in cop-killing case
Industry News | 2011/10/11 09:46
The U.S. Supreme Court has rejected a request from prosecutors who want to re-impose a death sentence on former Black Panther Mumia Abu-Jamal, convicted of killing a white Philadelphia police officer 30 years ago.

The justices on Tuesday refused to get involved in the racially charged case. A federal appeals court ordered a new sentencing hearing for Abu-Jamal after finding that the death-penalty instructions given to the jury at Abu-Jamal's 1982 trial were potentially misleading.

Courts have upheld Abu-Jamal's conviction for killing Officer Daniel Faulkner over objections that African-Americans were improperly excluded from the jury.

The federal appeals court in Philadelphia said prosecutors could agree to a life sentence for Abu-Jamal or try again to sentence him to death.


Airline attack suspect sought martyrdom
Industry News | 2011/10/11 09:46
A young Nigerian allegedly on a terrorist mission for al-Qaida prayed, washed and put on perfume moments before trying to detonate a bomb in his underwear to bring down an international jetliner on Christmas 2009, a prosecutor told jurors as the man's trial opened Tuesday.

Virtually everyone aboard Northwest Airlines Flight 253 had holiday plans, but Umar Farouk Abdulmutallab believed his calling was martyrdom, Assistant U.S. Attorney Jonathan Tukel said.

In the plane's bathroom, he was engaging in rituals. He was preparing to die and enter heaven, Tukel said. He purified himself. He washed. He brushed his teeth. He put on perfume. He was praying and perfuming himself to get ready to die.

After returning to his seat, Abdulmutallab pushed a small plunger on the chemical bomb in his underwear, an action that produced a pop, the prosecutor told jurors.

The bomb didn't work as planned but Abdulmutallab was engulfed in flames, said Tukel, who displayed the flight's seating chart on a screen to show jurors where things happened on the plane.

Opening statements began after an unexplained 70-minute recess requested by Abdulmutallab and his attorney, Anthony Chambers, shortly after they entered the courtroom.


European court rules against Soros in trading case
Industry News | 2011/10/06 09:38
The European Court of Human Rights ruled Thursday that France did not violate George Soros' rights when convicting him of insider trading, defeating a years-long effort by the billionaire financier to clear his name.

Though Soros has faced criticism for other investment decisions before and since, the French conviction over trades in 1988 left a particular stain on the Hungarian-born businessman and philanthropist's five-decade career.

He was fined euro2.2 million in 2002, or $2.92 million at current rates, for purchasing shares in French bank Societe Generale in 1988, days after being informed about a planned takeover bid for the bank.

That was the amount he was accused of making when he sold the shares shortly afterward. France's highest court reduced the fine in 2007 to euro940,000 ($1.25 million at current rates).

Soros argued that France's insider trading rules at the time were unclear, and that the length of the investigation — from 1993 until his indictment in 2000 — made it difficult to call reliable witnesses, violating his right to a fair trial under the European Convention on Human Rights.

The human rights court, based in Strasbourg, France, disagreed. In a 4-3 decision, the panel of judges argued that the law applicable in 1988 was sufficient for Soros to have been aware that his conduct might be unlawful.


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