Tag Archives: Attorney General Letitia James

Analysis: Texas abortion law opens door to copycat curbs on guns, other rights

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court’s decision to leave in place a Texas law banning most abortions has opened the door for states to seek to restrict other rights including guns by copying the measure’s novel enforcement mechanism, though it remains to be seen how many will actually do it.

The Republican-backed Texas law takes enforcement away from state officials, instead empowering private citizens to sue anyone who performs or assists a woman in obtaining an abortion after embryo cardiac activity is detected – at about six weeks of pregnancy – with awards of at least $10,000 for successful lawsuits. The Supreme Court issued its ruling on Friday.

California Governor Gavin Newsom, a Democrat, said the next day that he directed his staff to work with legislators and the state’s attorney general on a bill that would similarly enable private citizens to sue anyone who manufactures, distributes or sells assault weapons or self-assembled “ghost guns,” also with at least $10,000 in damages.

New York Attorney General Letitia James, another Democrat, said in an appearance on Tuesday on ABC’s program “The View” that she would support a similar effort in her state.

“We need to follow his lead,” James said, referring to Newsom.

President Joe Biden has urged the U.S. Congress to pass national gun restrictions, but Democratic-backed legislation over the years has been stymied by Republican opposition.

Legislators in five other Republican-led states have introduced abortion bills modeled on the Texas law, similarly structured to avoid judicial review, according to the Center for Reproductive Rights, a legal advocacy group favoring abortion rights. None have yet been enacted.

The Texas law, known formally as S.B. 8, was designed to be difficult for courts to block because it removed state officials from enforcement, making it is hard for challengers to figure out who to sue and obtain a ruling that would halt it statewide. The Supreme Court largely accepted that construct while allowing abortion providers to proceed with a legal challenge aimed at some medical licensing officials.

‘A BIT OF AN INVITATION’

Critics have said that ruling would allow states to enact laws that circumvent other recognized rights such as LGBT and religious rights as well as guns.

“The court is not pushing back on the use of S.B. 8-style laws to infringe constitutionally protected rights. I do think this is a bit of an invitation to other states,” said David Noll, a professor at Rutgers Law School in New Jersey.

States seeking to roll back abortion rights may in the near future not need to resort to novel mechanisms like the Texas law to avoid running afoul of Supreme Court precedent on abortion. The conservative justices who hold a 6-3 majority on the court indicated during oral arguments on Dec. 1 in a case from Mississippi that they are willing to undercut or even overturn the landmark 1973 Roe v. Wade ruling that legalized abortion nationwide.

In Illinois, one Democratic legislator has proposed targeting gun dealers with a measure similar to the one California is discussing. National gun control activists sound noncommittal.

Stacey Radnor, a spokesperson for the gun-control group Everytown for Gun Safety, said in a statement that Newsom’s proposal is “an interesting approach that we’re going to examine further as we get more details.”

Groups favoring gun rights have called Newsom’s announcement a stunt, pointing out that California already has a law banning military-style assault weapons.

“If they really wanted to be the full-blown aggressive so-and-sos that Texas has been, they would ban handguns,” said Erik Jaffe, a lawyer who filed a brief at the Supreme Court on behalf of the Firearms Policy Coalition gun rights group that has been critical of the Texas law, said of California.

Jaffe said Newsom, who in September survived a recall election, “might not survive the political fallout” of such a measure.

James White, a Republican member of the Texas House of Representatives who supports the state’s abortion law, questioned in a letter to the state’s attorney general whether private individuals are bound by the Supreme Court’s 2015 ruling legalizing gay marriage nationwide. But White said in an interview he does not anticipate a state law similar to the abortion law targeting the rights of same-sex couples.

“The Supreme Court has ruled that who people decide to get married to is left to their discretion. I don’t know how you would get into civil litigation,” White said.

Advocacy groups for LGBT people said they have not heard of any such proposals.

“I have not, and I hope I never do,” said Shannon Minter, legal director of the National Center for Lesbian Rights, adding that any such measures could run into other legal problems because they would be unlawfully discriminatory.

(Reporting by Lawrence Hurley; Editing by Will Dunham and Scott Malone)

New York and Virginia take steps to legalize marijuana

(Reuters) -New York Governor Andrew Cuomo signed a bill on Wednesday to legalize adult use of marijuana, making it the 15th U.S. state to allow recreational use of the drug, while Virginia moved to legalize possession of small amounts by July.

Cuomo said the bill, which was approved by the state Assembly late on Tuesday night, would also wipe the slate clean for many people previously charged with marijuana crimes.

“The bill creates automatic expungement of previous marijuana convictions that would now be legal,” Cuomo wrote on Twitter, announcing that he had just signed the legislation. “This is a historic day.”

Earlier on Wednesday, Virginia Governor Ralph Northam proposed moving up the legalization of simple possession of marijuana to July rather than wait until 2024.

Northam said racial disparities in prosecution of marijuana-related crimes prompted him to accelerate the timetable. He cited a report by the Joint Legislative Audit and Review Commission which found that Black residents were more than three times as likely to be arrested for possessing small amounts of the drug.

“Our Commonwealth is committed to legalizing marijuana in an equitable way,” Northam said in a statement.

NORML, a pro-marijuana group, earlier welcomed the news from New York state, saying that tens of thousands of New Yorkers were arrested every year over petty marijuana offenses, and that most were young, poor, and people of color.

“The legalization of marijuana is a racial and criminal justice imperative, and today’s vote is a critical step towards a fairer and more just system,” New York Attorney General Letitia James said in a statement.

New York state’s official website recently projected that tax collection from the adult-use cannabis program would reach $350 million annually and also create 30,000 to 60,000 new jobs across the state.

(Reporting by Maria Ponnezhath in Bengaluru and Nathan Layne in Wilton, Connecticut; Editing by Gerry Doyle, Michael Perry and Bernadette Baum)

New York AG sues NYC police for excessive force against protesters

(Reuters) – New York’s state attorney general on Thursday sued New York City Mayor Bill De Blasio and the city’s police commissioner over allegations the police used excessive force against racial justice protesters after the killing of George Floyd in May.

The federal lawsuit filed in U.S. District Court in Manhattan alleges the police repeatedly and without justification used batons and other physical force against protesters, many of whom were never charged with a crime, causing broken bones and concussions among other injuries.

The lawsuit said the police violated protesters’ rights, and is seeking a court order to mandate policies, training and monitoring to assure an end to practices it characterized as unlawful.

In addition to excessive force, state Attorney General Letitia James alleged police detained hundreds of protesters, medics and observers without probable cause. She also accused the police of controlling crowds through “kettling,” or corralling them without giving them a chance to depart, and making mass arrests.

De Blasio said in a statement he supported major discipline reforms but opposed the lawsuit.

“A court process and the added bureaucracy of a federal monitor will not speed up this work,” he said.

The Black Lives Matter protests in May and June became an international movement prompted in part by anger over Floyd, a Black man killed by a white Minneapolis policeman, and Breonna Taylor, a Black woman slain in her Louisville, Kentucky, home by white policemen during a botched raid.

In late May, New York Governor Andrew Cuomo expressed alarm over “disturbing violent clashes” between New York Police Department officers and protesters, and appointed James to investigate and produce a report.

At two days of virtual hearings in June, protesters described being beaten and pepper-sprayed by officers during marches that followed Floyd’s death.

At the time, de Blasio and Police Commissioner Dermot Shea defended the NYPD’s response to protesters as mostly proportionate, saying misconduct was limited to isolated cases that were being investigated.

Both have pointed to several nights of looting that marked some of the earlier protests, widespread property damage and instances of protesters hurling projectiles at police officers, injuring them.

In her preliminary report in July, James recommended that the mayor give up sole control over the police commissioner’s hiring.

In December, a separate report by the New York City Department of Investigation found the NYPD used excessive force and blamed the response on the failure of most officers to receive “relevant training” in policing such protests.

(Reporting by Tom Hals in Wilmington, Delaware; editing by Jonathan Oatis and Chizu Nomiyama)

New York seeks to break up National Rifle Association, alleging financial mismanagement

FILE PHOTO: A sign of the National Rifle Association (NRA) is seen in front of their headquarters in Fairfax, Virginia, U.S. on March 14, 2013. REUTERS/Larry Downing/File Photo

By Daniel Trotta and David Shepardson

(Reuters) – New York state’s attorney general sued to dissolve the National Rifle Association on Thursday, alleging senior leaders of the non-profit group diverted millions of dollars for personal use and to buy the silence and loyalty of former employees.

The lawsuit announced by Attorney General Letitia James alleges NRA leaders paid for family trips to the Bahamas, private jets and expensive meals that contributed to a $64 million reduction in the NRA’s balance sheet in three years, turning a surplus into a deficit.

James alleged in a statement that NRA leaders “used millions upon millions from NRA reserves for personal use,” failing to comply with the NRA’s own internal policies in addition to state and federal law.

In announcing the lawsuit, James told reporters the NRA “has operated as a breeding ground for greed, abuse and brazen illegality.” She added “no one is above the law” – including the NRA.

At the same time, the attorney general for Washington, D.C., filed suit against the NRA and its foundation, alleging the misuse of charitable funds and wasteful spending.

The confrontation pits James, a Democrat, against the largest and most powerful gun organization in the United States, one that is closely aligned with President Donald Trump’s Republican Party.

Briefing reporters, James denied the suit was motivated by the NRA’s support for Trump

The action is certain to further polarize a country where the NRA is revered by conservatives as a champion of the U.S. Constitutional right to keep and bear arms and vilified by liberals as an enabler of rampant gun violence.

“The NRA’s influence has been so powerful that the organization went unchecked for decades while top executives funneled millions into their own pockets,” James said in a statement. “The NRA is fraught with fraud and abuse, which is why, today, we seek to dissolve the NRA, because no organization is above the law.”

The NRA, which teaches gun safety in addition to advocating laws making it easier for Americans to own guns and ammunition, is subject to New York law because it is registered as a non-profit organization in New York, where it conducts most of its financial transactions.

The NRA, which has its national headquarters in Fairfax, Virginia, about 20 miles (30 km) west of Washington, D.C., did not immediately respond to a request for comment.

New York state and the NRA have tangled before. The state has taken legal action against NRA-branded insurance policies sold to gun owners, and the NRA is suing the state for closing gun stores under an executive order to halt the spread of COVID-19.

The latest lawsuit names the NRA as a whole and four senior executives of the group including Wayne LaPierre, the executive vice-president who has been atop the leadership for decades.

It also names former Treasurer and Chief Financial Officer Wilson Phillips, former Chief of Staff and Executive Director of General Operations Joshua Powell, and Corporate Secretary and General Counsel John Frazer.

The suit charges the NRA with “awarding contracts to the financial gain of close associates and family, and appearing to dole out lucrative no-show contracts to former employees in order to buy their silence and continued loyalty,” James’s office said in a statement.

“The failure of the NRA to comply with multiple fiduciary responsibilities and state and federal laws resulted in the NRA seeing substantial losses on its balance sheet: going from a surplus of $27,802,714 in 2015 to a net deficit of $36,276,779 in 2018 – contributing to a total loss of more than $64 million in just three years,” the statement said.

In addition to attempting to close down a group that has existed since 1871, James seeks to recover millions of dollars in lost assets and to stop the four executives from serving on he board of any other not-for-profit group in the state.

(Reporting by Daniel Trotta and David Shepardson; Editing by Howard Goller)