Court Order – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Lawyers Rush to Help Travelers as Confusion Continues https://legacy.lawstreetmedia.com/blogs/law/lawyers-travelers-trump-ban/ https://legacy.lawstreetmedia.com/blogs/law/lawyers-travelers-trump-ban/#respond Tue, 31 Jan 2017 20:05:36 +0000 https://lawstreetmedia.com/?p=58539

It took a lot of manpower to sort out, and the work isn't done yet.

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"Trump International Hotel" courtesy of Mike Maguire; license: (CC BY 2.0)

When Donald Trump signed an executive order that banned travelers from seven predominantly Muslim countries, it came as a shock to most people. All of a sudden, families were stranded abroad, students couldn’t return to school, and refugees from war zones were denied entry. But immigration lawyers had suspected this was coming, based on rumors from the White House, and had already begun to prepare. Last Wednesday, a group of lawyers from the Urban Justice Center called for additional attorneys who could volunteer at airports where refugees were scheduled to arrive, in case an order like the one that came on Friday was announced. When that exact thing happened, lawyers willing to volunteer headed to airports across the country.

In New York, Andre Segura, a lawyer with the American Civil Liberties Union (ACLU) arrived at JFK International Airport and said that one section of the airport was completely flooded by lawyers. “There were attorneys from numerous major law firms, nonprofits, all working together,” he said. “I’ve never seen that immediate coming together of teams to start filing actions to try to protect people.” Thousands of Americans protested outside airports, as lawyers were inside trying to talk to family members of detained travelers and offer their legal services pro bono. Many of these lawyers didn’t sleep all night and didn’t eat. Pictures on social media showed them sitting on floors, with laptops and phones connected to the airport’s power outlets.

On Saturday night, Federal Judge Ann Donnelly announced that people with valid visas could not be sent back to where they came from, as there “is imminent danger” that there will be “substantial and irreparable injury” if they are sent back. Big crowds of people had gathered outside the courthouse and cheered the decision, but the lawyers’ work had just started. The judge’s ruling only specifically said not to send travelers back, but did not say that the detained were free to enter the U.S.

On Sunday, Customs and Border Protection Agents defied the court order, according to several congressmen and lawyers. “Four members of Congress asked CBP officials to enforce a federal court order and were turned away,” wrote Representative Don Beyer on Twitter. In New York, an Iranian Fulbright scholar was put on a plane to be sent back to Iran several hours after the airports had received orders to stop sending people away. She was forced onto an airplane, where she asked the crew to let her out but was ignored. The plane started preparing for takeoff before attorneys finally managed to persuade officials to let the woman out. Becca Heller, director of the International Refugee Assistance Project, said on Sunday that CBP agents handcuffed people, forced them onto departing airplanes, and tried to make detainees surrender their green cards.

One of the most difficult tasks for the lawyers was to determine how many people were in custody, as customs officials wouldn’t provide an answer, despite pressure from congressmen and New York Mayor Bill de Blasio’s office. This meant that the lawyers needed to improvise most of their work, handwriting signs stating “immigration lawyer” in the hope that family members of detained people would approach them for help. Many lawyers were also shocked by what they were witnessing. “I’ve never seen anything like this in my practice. Maybe if we look back to Chinese exclusion laws in the 1800s,” said one of the volunteer lawyers, Jonathan Mulligan.

Some volunteer lawyers were physically at the airports, but other lawyers worked on litigation from their offices. “I was sitting at my desk working on a template habeas petition that could be used by lawyers at airports all around the country,” said Cecillia Wang, deputy legal director of the ACLU. Omar Jadwat, director of the ACLU’s Immigrant Rights Project, said getting together the paperwork that led to the judge’s stay was not an easy task; they didn’t have anything prepared in advance but had to rush to get something together when Trump’s order came.

And even after the judge’s order, confusion ruled at airports. On Monday it was still unclear how many people remained detained. Although the Department of Homeland Security claimed that everyone had been released, attorneys say that claim is impossible to verify, as the department still hasn’t released a list of names. Judge Donnelly also ordered government attorneys to hand the ACLU a complete list of names of those who were detained, but they have yet to comply. In Washington D.C., some lawyers who were told there were no detainees left at the airport suspect that they have secretly been taken to detention centers, despite the court order.

But a tweet by the volunteer group at JFK suggests that only one person was still in custody late Sunday night. Though those numbers are not officially confirmed, it seems hopeful, largely thanks to the hard work of these lawyers.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Pregnant Woman Wins Court Order to Keep Her Placenta, So She Can Eat it https://legacy.lawstreetmedia.com/blogs/weird-news-blog/pregnant-woman-wins-court-order-to-keep-her-placenta-so-she-can-eat-it/ https://legacy.lawstreetmedia.com/blogs/weird-news-blog/pregnant-woman-wins-court-order-to-keep-her-placenta-so-she-can-eat-it/#respond Thu, 02 Jun 2016 15:26:13 +0000 http://lawstreetmedia.com/?p=52834

She made it, so why shouldn't she keep it?

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"Pregnant Woman" Courtesy of [Government of Alberta via Flickr]

If you’re a woman and you want to eat your own placenta after giving birth, should the hospital let you? In the case of one pregnant Mississippi native, the answer was no–unless she first obtained a court order.

Jordan Thiering told The Clarion-Ledger, that at 33 weeks pregnant she was forced to go to court in her hometown of Brandon in order to win the right to her own placenta postpartum. Thiering said, “I grew my baby, I grew my placenta. There should be no one that can tell me what I can or can’t do with it.”

Thiering decided to include encapsulating her placenta into her birth plan after a friend suggested she try consuming it for its possible medicinal benefits. But when she told the folks at River Oaks Hospital her intentions, they told her she’d need a court order to do so.

Even though Thiering’s placenta is a part of her own body, state epidemiologist Dr. Thomas Dobbs defined the placenta as “medical waste,” according to a memo obtained by The Clarion-Ledger.

The memo states in part:

No hospital or other facility may release non-infectious medical waste (including placental tissue) without there first having been obtained by a court order, or other judicial mandate, which will assure proper disposal by the release.

The placenta is the essential organ surrounding the fetus in the mother’s uterus during pregnancy, and after childbirth it is expelled from the body. It allows oxygen, blood, and nutrients to be delivered to the developing baby via the umbilical cord, and also filters out waste from the baby’s blood.

Because this organ is rich in iron, vitamins, and important postpartum hormones, placentophagy, or the act of eating one’s own placenta, has become a growing trend among women (and Kardashians) in order to decrease the chances of developing postpartum depression, or “baby blues.” However, scientific studies have not conclusively supported the effects of the practice.

After obtaining a lawyer, Thiering was able to petition the Rankin County Chancery County on May 2 to ask for the rights to her placenta. On May 17, Judge John McLaurin granted the order.

She told The Clarion-Leger,

It was pretty simple but totally unnecessary in my opinion to need any of that. I don’t think it’s right for someone who has no experience to dictate what a woman can do with her body…he’s not a woman. He shouldn’t have a right to dictate what I can do with my body.

Thiering was told by the health department that she is the first woman to go forward in getting a court order to have rights to her placenta. If this bizarre baby trend continues to gain acceptance, we may begin to see more cases like this heading to our courts.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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More Time Please: Deal Seeking an Extension on California’s Prison Compliance Order https://legacy.lawstreetmedia.com/news/more-time-please-a-deal-seeking-an-extension-on-californias-prison-compliance-order/ https://legacy.lawstreetmedia.com/news/more-time-please-a-deal-seeking-an-extension-on-californias-prison-compliance-order/#respond Tue, 10 Sep 2013 18:20:37 +0000 http://lawstreetmedia.wpengine.com/?p=4919

Governor Jerry Brown and legislative leaders announced Monday a deal to seek an extension on the compliance order to cut California’s prison population by expanding rehabilitation programs.  This approach is aimed at reducing the number of former inmates committing new crimes through health and informational programs. If the request for an extension is rejected by […]

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Governor Jerry Brown and legislative leaders announced Monday a deal to seek an extension on the compliance order to cut California’s prison population by expanding rehabilitation programs.  This approach is aimed at reducing the number of former inmates committing new crimes through health and informational programs. If the request for an extension is rejected by the panel of judges then the state is prepared to spend hundreds of millions of dollars a year to house inmates in private prisons.

The federal judges, who deemed California prisons unconstitutionally crowded, gave the state officials until December 31 to reduce the prison population by thousands. There has been a lot of controversy in the Capitol over how to handle the court order.  The Governor’s original plan was to spend $1.1 billion over three years to house inmates in private prisons, county jails and other facilities. Meanwhile, California Senate Leader Darrell Steinberg wanted to extend the court order for three years, allowing the state more time to expand mental-health and drug rehabilitation programs. Both proposals did not adequately provide a working solution within the time frame allotted.

[LA Times]

Featured image courtesy of [Luis Argerich via Wikipedia]

Ashley Powell
Ashley Powell is a founding member of Law Street Media, and its original Lead Editor. She is a graduate of The George Washington University. Contact Ashley at staff@LawStreetMedia.com.

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