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Legal news from Tuesday, September 27, 2011




Federal court hears challenge to drug screening welfare recipients
Sarah Posner on September 27, 2011 2:10 PM ET

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[JURIST] A judge for the US District Court for the Middle District of Florida [official website] on Monday began reviewing the lawsuit challenging a Florida state law requiring drug testing before welfare applicants can receive benefits. Judge Mary Scriven heard arguments [ACLU press release] Monday on both the constitutionality of the drug testing law and whether plaintiff, Luis Lebron, could represent a class. The judge granted the Florida Department of Children and Families a two-week extension [AP report] to challenge a motion on whether Lebron's lawsuit can represent all Florida welfare applicants. The lawsuit was filed [JURIST report] earlier this month on behalf of a class led by Lebron, a 35-year-old Orlando resident, Navy veteran and full time University of Central Florida student who applied for temporary cash assistance to help support his four-year-old son. The American Civil Liberties Union of Florida (ACLUFL) [advocacy website] filed the federal class action lawsuit [complaint, PDF; press release] seeking to enjoin implementation of the drug testing law.

In effect since July 1, the new law [Fla Stat 414.0652 text] was signed by Governor Rick Scott [official website] at the end of May and requires applicants for welfare benefits under the Temporary Assistance for Needy Families (TANF) [official website] program to submit to and fund a urinalysis for substance screening. Individuals who pass receive reimbursement for the cost of the test, and those who fail lose their TANF benefits for one year. The ACLU complaint notes that the Supreme Court has held that suspicionless drug testing by the government is an unreasonable search that violates the Fourth Amendment, the only exceptions being for substantial public safety concerns and students in the public school system. TANF is a federal block grant program passed under 1996 welfare reform legislation aimed at turning welfare into a temporary assistance program. In June, the ACLUFL filed suit [JURIST report] challenging Scott's executive order mandating state agencies to enact pre-employment drug screening for all prospective employees and provide for random drug testing of all current agency employees regardless of classification.




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Blagojevich sentencing delayed indefinitely
Jennie Ryan on September 27, 2011 11:44 AM ET

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[JURIST] A judge in the US District Court for the Northern District of Illinois [official website] on Monday indefinitely delayed the sentencing of former Illinois governor Rod Blagojevich [personal website; JURIST news archive]. Blagojevich was scheduled to be sentenced on October 6 after he was convicted [JURIST report] in June on multiple counts of corruption. US District Court Judge James Zagel gave no reason for the delay, but the date of sentencing was set to coincide with the start of the trial of Springfield power broker William Cellini. The Cellini case is the last major trial stemming from investigations into the former governor's administration. According to Blagojevich's attorney, Blagojevich has no objection to the delay, and it is likely he will be sentenced in mid-October or early November. Blagojevich can appeal his conviction to the US Court of Appeals for the Seventh Circuit [official website].

Blagojevich was previously found guilty [JURIST report] last year of making false statements to the FBI, but the jury remained deadlocked on 23 additional charges. The prosecutors dropped some of the charges [JURIST report] to simplify the case for retrial including charges for racketeering. Last September, lawyers for Blagojevich asked the judge to throw out the sole conviction [JURIST report], stating that the government failed to meet its required burden of proof and that cross-examinations by the defense were plagued by "obstructionist" objections [Chicago Tribune report], which the court continuously sustained. In January 2009, the Illinois State Senate voted unanimously [JURIST report] to convict Blagojevich of abuse of power and remove him from office. Blagojevich and his former chief of staff John Harris were initially arrested [JURIST report] in December 2008.




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Rhode Island school board grants illegal immigrants in-state tuition
Alexandra Malatesta on September 27, 2011 11:12 AM ET

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[JURIST] The Rhode Island Board of Governors for Higher Education [official website] voted on Monday to grant in-state college tuition rates at Rhode Island state institutions to children whose parents immigrated to the US illegally. The decision is seen by some as a stepping stone [GoLocalProv report] in the broader context of the contentious immigration debate [JURIST news archive] with proponents arguing that in-state tuition is an act of social justice in order to give all children access their "fundamental right" to an education, and opponents such as the Rhode Island Tea Party [party website] arguing that tuition discounts encourage their parents' illegal actions and will significantly increase taxes. Children of illegal immigrants who attended school in Rhode Island for at least three years will pay the $9,824.00 tuition rate, as opposed to the out-of-state tuition rate of $25,912. The unanimous decision will take effect in 2012.

The Rhode Island decision is one of many immigration issues currently pending across the country. In June, the US Supreme Court [official website] denied certiorari [order list, PDF] in Martinez v. Regents of the University of California [docket], thereby rejecting a challenge to California's policy [JURIST report] of granting in-state tuition for state colleges and universities to illegal immigrants who graduated from California high schools. Last year, the California Supreme Court [official website] held [opinion, PDF; JURIST report] that the state's policy did not conflict with federal law because a student's high school graduation, not his or her residency, formed the basis for granting in-state tuition. Most students who take advantage of this rule are enrolled in community colleges [LAT report].




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Obama administration clears path for Supreme Court to rule on health care mandate
Alexandra Malatesta on September 27, 2011 10:37 AM ET

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[JURIST] The Obama administration on Monday declined to seek en banc review by the full US Court of Appeals for the Eleventh Circuit [official websites] of its August decision striking down the individual mandate provision [JURIST report] of the health care reform law [JURIST backgrounder], clearing the path for an appeal to the US Supreme Court [official website]. The decision could mean that the Supreme Court will hear the case during its 2011 term and that a ruling could come as early as June. The court is expected to agree to hear the case because there is a circuit split on the issue. The US Court of Appeals for the Sixth Circuit [official website] upheld the law in June, and that ruling was appealed [JURIST reports] to the Supreme Court by the Thomas More Law Center (TMLC) [advocacy website]. JURIST Guest Columnist Steven Schwinn of the John Marshall Law School in Chicago recently argued that the Eleventh Circuit ignored the text, history and jurisprudence of the Constitution in its recent health care ruling, which will likely not be adopted by the Supreme Court [JURIST op-ed] given recent rulings on congressional Commerce Clause authority.

Other courts have also weighed in on the constitutionality of the individual mandate provision. Earlier this month, a judge for the US District Court for the Middle District of Pennsylvania [official website] ruled that the individual mandate is unconstitutional [JURIST report]. Also in September, the US Court of Appeals for the Fourth Circuit [official website] dismissed two lawsuits [JURIST report] challenging the mandate's constitutionality. In Virginia v. Sebelius, the court held that Virginia lacked standing to sue and vacated the judgment of the district court [JURIST report], remanding the case with instructions to dismiss the suit for lack of subject-matter jurisdiction. In Liberty University v. Geithner, the court ruled that the suit was filed prematurely, also vacating the lower court ruling [JURIST report], which had declared the act constitutional.




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Rights group urges Thailand to stop targeting civilians
Sarah Posner on September 27, 2011 10:34 AM ET

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[JURIST] Amnesty International (AI) [advocacy website] urged Thailand on Tuesday to stop the insurgents' deliberate targeting of civilians [press release] in Southern Thailand. The pressure on Thailand comes after AI released a report [text, PDF] detailing the deliberate attacks against civilians which they claim amount to war crimes. During the past eight years of insurgency aggression, nearly 5,000 civilians have been killed and thousands more injured in the four southern provinces of Thailand. The insurgency has been organizing the Malays, nearly all Muslim, against the predominantly Buddhist Thai state. The AI report is based on information gathered from interviews with witnesses and survivors, relatives and friends of victims. AI reported:
Common Article 3 of the four Geneva Conventions clearly provides that all parties to an armed conflict must apply certain minimum standards in treating all "persons taking no active part in the hostilities". Targeting such persons for attack is prohibited at all times. The insurgents in southern Thailand, through widespread killings of persons taking no active part in hostilities, have violated Common Article 3. They have committed—and are continuing to commit—what amount to acts aimed at spreading terror among the civilian population, and which constitute war crimes.
AI called on insurgent groups in Southern Thailand to immediately cease their attacks targeting civilians and publicly commit to preventing such attacks.

Thailand has faced other criticism for its human rights record. In August, Thailand received criticism from UN Special Rapporteur on human trafficking Joy Ngozi Ezeilo [official profile], who urged the government of Thailand to improve measures to combat human trafficking [JURIST report], as well as protect the rights of migrant workers. The trafficking trade in Thailand is predominantly used for sexual and labor exploitation, with child trafficking especially rampant. In May, Human Rights Watch (HRW) [advocacy website] urged Thailand's government to investigate crimes [JURIST report] allegedly committed by both government officials and protesters during 2010's violent political protests [JURIST news archive].




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Libya to abolish state security courts
Drew Singer on September 27, 2011 8:29 AM ET

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[JURIST] Libyan transitional justice minister Mohammed al-Alagi said Monday that he plans to abolish the nation's security prosecution and court and the state security appeals court. The state security court system had been used to jail thousands of dissidents and people who opposed the regime of Muammar Gaddafi [BBC profile; JURIST news archive]. Speaking at a news conference, al-Alagi said that he had already approved the measure [AP report]. The proposal now awaits approval by the National Transitional Council (NTC) [official website], which currently runs the nation.

Earlier this month, NTC members assured world leaders that Libya will be a society of tolerance and respect for the rule of law [JURIST report]. During a meeting [BBC report] in Paris chaired by French President Nicolas Sarkozy, NTC leader Mustafa Abdel Jalil [BBC profiles] vowed to administer elections and draft a new constitution for Libya within 18 months. Sarkozy said that the airstrikes in Libya would continue until Gaddafi is caught by interim officials




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Mubarak trial put on hold amid claims of judicial bias
Drew Singer on September 27, 2011 7:05 AM ET

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[JURIST] The trial of former Egyptian president Hosni Mubarak [Al Jazeera profile; JURIST news archive] was suspended Monday until next month amid bias claims. Lawyers for the families of the anti-Mubarak protesters who were killed argued to the Cairo Appeals Court [Al Jazeera backgrounder] that Judge Ahmed Refaat was overseeing the case in an arbitrary manner [UPI Report]. Refaat suspended the trial until October 30, but if a new judge is put on the trial, it would start over. Mubarak is on trial for murder, attempted killing of protesters and other charges related to general abuse of power [Al Jazeera report] stemming from his response to pro-democracy demonstrations in Egypt [JURIST news archive] earlier this year. Mubarak's sons, Gamal and Alaa, are also on trial for corruption charges.

Mubarak's trial began on August 3 [JURIST report] with Mubarak and his sons pleading not guilty to all charges. Rifaat decided last month to end live TV broadcasts [JURIST report] of subsequent proceedings amid protests from the families of victims and praise from several courtroom lawyers who opposed the broadcasts. Officials chose a new location for Mubarak's trial for security reasons after reporting [JURIST reports] that the trial would take place at a convention center in downtown Cairo. In July, an Egyptian criminal court postponed the trial [JURIST report] of former interior minister Habib el-Adly, who also faces murder charges in relation to the pro-democracy demonstrations, so it would coincide with Mubarak's trial. In March, a commission of Arab and Egyptian human rights groups accused Mubarak [JURIST report] and the police of murdering protesters during the demonstrations in Egypt. Mubarak could face the death penalty [JURIST report] if convicted of ordering attacks on protesters. Amnesty International [advocacy website] reported that at least 840 people were killed [JURIST report] and more than 6,000 injured during the Egyptian protests.




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