#7thcircuit

[freedomforallamericans]

Yesterday the 7th Circuit Court of Appeals issued a historic ruling finding that Title IX protects transgender students from discrimination in schools! It’s the first-ever appellate court to rule that way – and it’s a big deal with immediate impact. Find out more: bit.ly/2qD2bek

[justicecomes14]

https://www.youtube.com/watch?v=VoHasz4yp8E

[narsolstuff]

7th Circuit Court hears arguments on interstate travel for sex offenders

By Lorraine Bailey CHICAGO (CN) – The Seventh Circuit appeared likely Tuesday to overturn Indiana’s sex offender registration requirement, as it applies to people only required to register because they moved away from the state then moved back. “This registration requirement imposes a significant burden on those who move to Indiana, and not on people who live in Indiana continuously,” U.S. Circuit Judge Illana Rovner, a Ronald Reagan appointee, said at oral arguments Tuesday morning. “It seems to me a violation of the fundamental right to travel.” In 2017, the American Civil Liberties Union won a preliminary injunction blocking the Hoosier State from requiring sex offenders to register simply because they resided in another state after serving their sentence. All three plaintiffs committed a sex offense before the enactment of Indiana’s Sex Offender Registration Act, then left Indiana and resided in another state that required them to register as sex offenders. Upon their return to Indiana, the state required them to register, even though they would not be required to register if they had never left Indiana. A federal judge ruled that this policy violates the U.S. Constitution’s Commerce Clause because it treats people differently simply because they crossed state lines. READ FULL ARTICLE Read the full article

[earlsings]

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This is in my own home state of Indiana, which brings you VP-elect Mike Pence. Ugh #lgbtequality #stophomophobia #Repost @lambdalegal with @repostapp ・・・ Kim Hively was fired because she's a lesbian. Today, we were at the #7thCircuit Court of Appeals in #Chicago arguing that that that shouldn't happen. It's 2016. Hardworking employees should not have to live in the closet in order to keep their jobs. We’re on the case—because being fired for who you love is not just wrong, it’s against the law. Learn more & see the full video at the link in our bio. #LGBT #LGBTQ #EmploymentRights #EmploymentLaw #Hively

[sexfuq]

Why @rudypmagic decide to go in at 5am 🙌🏾👑 #Producers and their toys 😁 I guess we recording tonight 🙃 #BishopCity #7thcircuit #NewMusic #StudioLife #Chicago

[sexfuq]

" #Capricorn the sign" 😁 Check out my song #MrBiggs #Produced by @rudypmagic of #7thcircuit ❗️ The link is in my bio get your #FreeDownload 🙏🏾#ChicagoMusic #ChicagoArtist #IndieMusic #BishopCity #HipHop #HouseMusic #SoulMusic #HappyHolidays #Weed #torontomusic #GymRat #WorkOutMusic #420 #happybirthday #BirthdayBehavior #BirthdayBoy

[freedomtomarry]

HUGE WIN! The 7th Circuit Court of Appeals joins the 4th Circuit and 10th Circuit in finding that barring same-sex couples from marriage is unconstitutional!

[lawofsecrecy]

Appeals Court Faces Unprecedented Issues, Holds 'Secret' Hearing

Adel Daoud is a 20 year old American citizen suspected of attempting to carry out a terrorist plot in Chicago set up by the FBI in 2012.  According to court records, Daoud first appeared on the FBI's radar after it was discovered that he was posting messages online about killing Americans.  Thereafter, Daoud was wiretapped, surveilled, and sold a phony car bomb by FBI agents, all through warrants and court orders issued by the secret FISA court.

In preparation for Daoud's November 10th trial, his defense counsel requested that the trial judge permit them discovery of the FISA court records in order to properly determine whether there were any violations of constitutional protections which would in effect invoke the "fruit of the poisonous tree" doctrine for their client, absolving him of the majority of the charges against him.  The Chicago Tribune reported on the trial judge's ruling on the request:

Earlier this year, U.S. District Judge Sharon Johnson Coleman took the unprecedented action of ordering prosecutors to give Daoud’s lawyers access to confidential surveillance materials used in the government investigation, including search warrant applications that had been presented to the secretive Foreign Intelligence Surveillance Act court. It was the first such ruling in the 36-year history of FISA.

The prosecution appealed the trial court's decision, bringing the issue to the attention of the 7th Circuit Appeals Court.  Just yesterday, oral arguments were heard by the three-judge panel of the appeals court.  As would be expected, the court disagreed with the lower court's decision.  According to the AP:

At the time, she [Judge Coleman] said allowing the defense to vet potential evidence would help guarantee Daoud's right to a fair trial. She said the fact that no judge had ever granted such FISA access before wasn't a reason not to do it now.

But during sometimes blistering questioning of the defense, Judge Richard Posner said Judge Coleman failed to thoroughly evaluate the FISA records herself before agreeing to open them up to the defense.

Another of the appeals court panelists, Judge Ilana Diamond Rovner, added that Coleman appeared to have "discarded" applicable FISA law and come up with her own justification for opening the records.

But in a surprising twist of the case, after the arguments by both sides were concluded, the appeals court took an unprecedented procedural action and vacated the courtroom to hold a private 'secret' session.  The Chicago Tribune reported:

As the arguments concluded, Judge Richard Posner announced the public portion of the proceedings had concluded and ordered the stately courtroom cleared so the three-judge panel could hold a “secret hearing.” Daoud’s attorney, Thomas Anthony Durkin, rose to object, but Posner did not acknowledge him. Deputy U.S. marshals then ordered everyone out – including Durkin, his co-counsel and reporters.

Only those with the proper security clearance -- including U.S. Attorney Zachary Fardon, his first assistant, Gary Shapiro, and about a dozen FBI and U.S. Department of Justice officials – were allowed back in the courtroom before it was locked for the secret session.

Durkin, a veteran Chicago lawyer, said outside the courtroom he was not notified in advance that there would be a secret hearing and called the move unprecedented.

“Not only do I not get to be there, but I didn’t even get to object,” Durkin said. “I had to object over the fact that I couldn’t even make an objection.”

Interestingly, the Guardian also reported yesterday about secret court sessions, noting that a major terrorist trial in the United Kingdom may be closed to the public, the first time a criminal trial has not be open in the country's history.

The United States has a long history and tradition of open court access, especially in criminal cases under the Sixth Amendment right to a "speedy and public trial." However, examples of secrecy in American litigation abound, from the FISA Court noted above, to secret grand jury proceedings, to court protective orders, ex parte motions, and court approved secret settlement agreements. Each of these have long and persuasive legal justifications on their own, but I wonder whether the increasing use of secret hearings, motions, and procedures - especially in national security/terrorism cases - has slowly eroded our collective sense of a "public" court system?

-RM