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CNN Settles Lawsuit With Covington Catholic Student Nick Sandmann

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COVINGTON, Ky. (FOX19) — CNN agreed Tuesday to settle a lawsuit with Covington Catholic student Nick Sandmann.

The amount of the settlement was not made public during a hearing at the federal courthouse in Covington, Kentucky.

Sandmann’s lawsuit sought $800 million from CNN, the Washington Post, and NBC Universal.

Trial dates are still not set for Sandmann’s lawsuit against NBC Universal and the Washington Post.

The Washington Post suit sought $250 million. A federal judge let a portion of the suit go forward after The Post filed a motion to dismiss it.

Sandmann’s attorney, Lin Wood, said, “This case will be tried not one minute earlier or later than when it is ready.”

The lawsuits were filed following an incident in Jan. 2019 in Washington, D.C. involving Covington Catholic High School students. Videos of that incident garnered national attention.

The initial video showed the self-identified Sandmann, now a senior at CovCath, and Nathan Phillips, an indigenous man who was participating in the Indigenous Peoples March. Sandmann and his classmates were in D.C. for the March For Life.

Wood said the damages were sought due to “emotional distress Nicholas and his family suffered.” He also said the family had to move from their home temporarily and that Nicholas was not permitted to attend school directly after the trip to Washington.

A lawsuit is expected to be filed against Phillips, Wood said. He indicated that lawsuit would seek $5 million, but the judge said that Phillips does not have as much money as the other defendants.

They also plan to sue Gannett, owners of The Enquirer, according to Wood.

He said he will bring that to the judge in the next 60 days.

Attorneys say the money they’re seeking is not designed to compensate Nick, but to “deter the defendants” from doing the same thing (that they’re accused of) in the future.

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US Supreme Court Upholds Abortion Clinic Protest Zone Limits In Chicago, Harrisburg, Pennsylvania

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WASHINGTON (Reuters) – The U.S. Supreme Court on Thursday left in place policies in Chicago and Pennsylvania’s capital Harrisburg that place limits on anti-abortion activists gathered outside abortion clinics.

The justices declined to hear two appeals by anti-abortion groups and individual activists of lower court rulings upholding the cities’ ordinances.

The Chicago policy bars activists from coming within eight feet (2.4 meters) of someone within 50 feet (15 meters) of any healthcare facility without their consent if they intend to protest, offer counseling or hand out leaflets. The Harrisburg measure bars people from congregating or demonstrating within 20 feet (6 meters) of a healthcare facility’s entrance or exit.

Both cases pitted the free speech rights of anti-abortion protesters against public safety concerns raised by women’s healthcare providers regarding demonstrations outside clinics. There is a history of violent acts committed against abortion providers.

At issue before the Supreme Court was whether the ordinances violate free speech rights protected by the U.S. Constitution’s First Amendment.

The Chicago-based 7th U.S. Circuit Court of Appeals last year upheld the Chicago ordinance, which was introduced in 2009. The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled in favor of Harrisburg in 2019. That measure was enacted in response to disruptions by protesters outside two abortion clinics in the city.

The cases did not directly implicate abortion rights. In a major ruling on Monday, the struck down a Louisiana law placing restrictions on doctors that perform abortions.

Also on Thursday, the court directed a lower court to reconsider the legality of two Indiana abortion restrictions – one that would require women to undergo an ultrasound procedure at least 18 hours before terminating a pregnancy and another that would expand parental notification when a minor seeks an abortion. The lower court had struck down both measures.

Abortion remains a divisive issue in the United States. The Supreme Court in its landmark 1973 Roe v. Wade ruling legalized abortion nationwide, finding that women have a constitutional right to the procedure. In recent years, numerous Republican-governed states have sought to impose a series of restrictions on abortion.

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Federal Judge Reverses Trump Asylum Policy Due To Government Failing To Abide By Administrative Procedure Act

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(Law & Crime) — A federal judge appointed by President Donald Trump on Tuesday evening overturned the Trump Administration’s second and most restrictive asylum policy, all because the government failed to abide by the Administrative Procedure Act (APA), the judge reasoned.

In a 52-page opinion, U.S. District Judge Timothy Kelly of Washington, D.C. held that in enacting the rule, which required immigrants to seek asylum in any country they passed through before they could claim asylum in the U.S., the Trump administration “unlawfully dispensed” with mandatory procedural requirements allowing the public to weigh in on proposed rule changes.

Kelly, who was appointed to the court in 2017, rejected the Trump administration’s assertion that the asylum rule fell within exceptions to the APA permitting the government to disregard the notice-and-comment requirement if there’s “good cause” such commentary is unnecessary or if the rule involves a military or foreign affairs function.

“[The court] also holds that Defendants unlawfully promulgated the rule without complying with the APA’s notice-and-comment requirements, because neither the ‘good cause’ nor the ‘foreign affairs function’ exceptions are satisfied on the record here,” Kelly wrote. “Despite their potentially broad sweep, the D.C. Circuit has instructed that these exceptions must be ‘narrowly construed’ and ‘reluctantly countenanced.’ The Circuit has also emphasized that the broader a rule’s reach, ‘the greater the necessity for public comment.’ With these baseline principles in mind, the Court considers whether either the good cause or foreign affairs function exception applies here. Neither does.”

According to Kelly, the Immigration and Nationality Act (INA) generally allows any person physically in the U.S. seeking refuge to apply for asylum — with some exceptions for immigrants who have committed certain crimes or who had previously been “firmly resettled” prior to arriving in the U.S.

“The Court reiterates that there are many circumstances in which courts appropriately defer to the national security judgments of the Executive. But determining the scope of an APA exception is not one of them,” Kelly wrote. “As noted above, if engaging in notice-and-comment rulemaking before implementing the rule would have harmed ongoing international negotiations, Defendants could have argued that these effects gave them good cause to forgo these procedures. And they could have provided an adequate factual record to support those predictive judgments to which the Court could defer. But they did not do so.”

Claudia Cubas, the Litigation Director at CAIR Coalition, one of the plaintiffs in the lawsuit, praised the decision as removing an “unjust barrier to protection” for those in need.

“By striking down this rule, Judge Kelly reaffirmed two fundamental principles. The protection of asylum seekers fleeing for safety is intertwined with our national values and that the United States is a country where the rule of law cannot be tossed aside for political whims,” Cubas said.

Read the full opinion below:

Asylum Ban Decision by Law&Crime on Scribd

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US Supreme Court Rules Public Funds Allowed For Religious Schools In State Tax Credit Program

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USA Today writes:

The Supreme Court delivered a major victory Tuesday to parents seeking state aid for their children’s religious school education. The court’s conservative majority ruled that states offering scholarships to students in private schools cannot exclude religious schools from such programs.

The decision was written by Chief Justice John Roberts, who has joined the liberal justices in three other major rulings this month. It was a decision long sought by proponents of school choice and vehemently opposed by teachers’ unions, who fear it could drain needed tax dollars from struggling public schools.

Read the US Supreme Court ruling here or below.

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