#Temporary injunction

[seemabhatnagar]

"High Court Upholds Injunction: Disputed Land Construction Halted Amid Ancestral Property Claims"

If the property is found to be Joint Hindu Family Property, any sale of a specific piece of land without partition is impermissible.

The case involves a dispute over land that was purchased by the petitioners.

The petitioners filed this petition under Article 227 of the Constitution of India to challenge the temporary injunction orders passed by the 9th Civil Judge Junior Division and the order was affirmed by the 4th District Judge, Rewa. The injunction restrained the petitioners from raising construction on the land they purchased.

The respondents had filed a suit in 2012 seeking a declaration of title, partition, and injunction, along with challenging the validity of Wills and Sale Deeds related to the disputed property.

Ahmad Khan & Others v. Bhaskar D Datt & Others

Misc. Pet. 4060/2023

Before HC of Madhya Pradesh at Jabalpur

Heard by Hon'ble Mr. Justice G S Ahluwaia J

Legal Issue

Whether the temporary injunction issued by the lower courts was justified, particularly when the sale deeds were executed during a period when no injunction was in force, and whether Section 52 of the Transfer of Property Act applies to these sale deeds executed during the pendency of the suit.

Argument of the parties

Petitioners submission: Argued that since the sale deeds were executed during a time when no temporary injunction was in force, they should not be restrained from constructing on the land. They also contended that the purchasers (petitioners) were bona fide buyers, and the injunction causes irreparable loss.

Respondents Submission: Claimed that the disputed property is ancestral and has not been partitioned, so the sale deeds executed by defendants were invalid. They argued that the land could not be alienated without partition, and the injunction was necessary to preserve the status quo.

Court's Observation

The Court observed that under Section 52 of the Transfer of Property Act, any sale deed executed during the pendency of a suit does not become void but is subject to the final outcome of the suit. The Court also noted that if the property is found to be Joint Hindu Family Property, any sale of a specific piece of land without partition is not permissible. Therefore, the lower courts' temporary injunction was appropriate to prevent potential irreparable harm.

Order:

The petition was dismissed by the High Court, the Court didn't found any jurisdictional error in the orders passed by the trial and appellate courts. The temporary injunction order restraining the petitioners from raising construction was upheld.

Seema Bhatnagar

[william-r-melich]

Shame on the Appeals Court - 03/20/2024

Late yesterday, the 5th Circuit Federal Appeals Court blocked Texas with a temporary injunction from enforcing their SB4 law which would allow Texas to arrest and deport migrants who enter their state illegally. Earlier yesterday, the SCOTUS (Supreme Court of the United States) issued an emergency appeal to remove a previous stay that was blocking SB4, a huge win for Texas. I didn't know that a Supreme Court appeal could be blocked by a lower Federal Court of Appeals, and they did so in the same day, crazy. So, Texas went from celebrating a victory for border security, to going back to being angrily frustrated at not being able to stop the stampede of illegal crossings. The 5ht circuit is entertaining arguments today on whether to stay the injunction, pending the outcome of an appeal at the SCOTUS.

“A majority of the panel has concluded that the administrative stay entered by a motions panel on March 2, 2024, should be lifted,” the unsigned order by the court reads. Yesterday, on March 19th, circuit judge Andrew Oldman disagreed: “I would leave that stay in place pending tomorrow’s oral argument on the question.” That was just hours after the SCOTUS had rejected an emergency request from the Biden jackasses to look at the administrative stay directed by the 5th Circuit's prior panel. The DOJ's (Department of Justice) stance on the law is that it violates the Constitution's Supremacy Clause which declares that states do not have the right to enforce immigration laws.

As per usual with emergency appeals, the Supreme Court did not give a reason for issuing their order. Justices Brett Kavanaugh and Amey Coney Barrett issued aligning opinions. Barrett wrote on regarding actions of the high court: “never reviewed the decision of a court of appeals to enter—or not enter—an administrative stay.” She continued, that it is “unwise to invite emergency litigation in this Court about whether a court of appeals abused its discretion at this preliminary step.”

Liberal justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson had dissenting opinions. Sotomayor said the order “invites further chaos and crisis in immigration enforcement.” She went on to write that the law “upends the federal-state balance of power that has existed for over a century, in which the National Government has had exclusive authority over entry and removal of noncitizens.” - I say, bullstit! States have always had the legal right and shared responsibility for protecting their sovereignty. Yesterday, the Mexican government said that it will not accept any illegal migrants coming back to them no matter what. They said that anyone deported who is not a Mexican citizen does not have to be accepted by them.

All governor Abbott wants to do is to enforce the laws to keep his state safe and secure, and the Biden commies are doing everything they can to impede that. It's disgusting! Will this nightmare ever end? I sure hope so.

[neopals]

NOT THE MODHAUS UPDATE CALLING THEM FORMER LOONA MEMBERS

[collapsedsquid]

The university system sued United Auto Workers Local 4811 on Tuesday even though both sides have competing unfair practice labor claims pending before the California Public Employment Relations Board, which declined twice to issue an emergency injunction.

Alright graduate students and postdocs, disregard the injunction now is the time to take over the university with a students & researcher's soviet

[robertreich]

The Truth About Trumponomics

Trump and Republicans want to wreck your bank account. Here are 5 things you need to know about Trumponomics.

1.Trump wants tax cuts for the rich, at your expense.

Trump’s tax cuts for the rich and big corporations added about $1.7 trillion to the national debt, with few benefits trickling down to the middle class — in fact, it raised taxes for more than 10 million American families.

Now Trump and Republicans want to make the tax cuts for the rich permanent, blowing up the debt even further. And then they’ll use that debt to justify this:

2. Trump would cut Social Security and Medicare — programs you’ve been paying into!

In every year of his presidency, Trump submitted a budget that tried to cut Social Security and Medicare. And he knows that’s the only way he can even begin to pay for extending his tax cuts for the rich.

3. Trump and his allies are pro-junk fee.

When the Biden administration issued a rule capping credit card late fees at $8, Sen. Tim Scott, a Trump surrogate, tried to overturn it in the Senate. And then a Trump-appointed judge issued a temporary injunction that blocked the rule from taking effect. Eliminating that rule would cost American families an estimated $10 billion a year.

And when the Biden administration required airlines to issue automatic refunds for canceled flights, Trump’s allies in Congress fought to block that too.

When Trump was in office, his administration fought against efforts to rein in airline junk fees.

Corporations nickel and diming us like this makes inflation worse. If Trump gets back in the White House, buckle up for more junk fees.

4. Trump would send health care costs soaring.

Republicans have committed to repealing the Inflation Reduction Act, which would strip Medicare of the ability to negotiate drug prices, and let Big Pharma send the price of insulin and other life-saving medicines back through the roof.

And Trump is still fixated on repealing Obamacare, with no plan to replace it.

TRUMP: Obamacare is a disaster. We’re gonna do something about it.

That would strip coverage from tens of millions of Americans, drive up premiums, and let insurers charge more or deny coverage to people with preexisting conditions.

5, If you’ve got student debt, you’re out of luck with Trump.

In contrast to President Biden, who’s canceled more than $160 billion of student debt so far, Trump is against student debt relief. In his first term, he tried to eliminate the popular Public Service Loan Forgiveness program for people like teachers and nurses, and he’s called the idea of debt relief “unfair.”

What’s unfair, is how student debt hurts not just the roughly 40 million Americans burdened by it, but the entire economy, since Americans with debt have less money to spend, are less likely to start a business, less likely to buy a home, and more likely to rely on government assistance.

The MAGA agenda would make nearly every aspect of your life more expensive, while making the richest Americans even richer.

Teddy Roosevelt’s economic plan was called the Square Deal. Franklin Roosevelt’s was the New Deal.

What Trump is offering is simply a Raw Deal.

[anistarrose]

We're sick and tired of voting discourse. I'm sick and tired of voting discourse. So this is going to be the last thing I say, for all of 2024, about "voting discourse":

No, the Democrats won't save us; no, voting is not a substitute for direct action. But not voting makes direct action harder. Repeat that to yourself until you're not going to forget it. Not voting makes direct action harder. Not voting makes direct action harder.

What kind of direct action do you care about? Copwatching? Filming the police? The Arizona legislature tried its hardest to outlaw that. While controlled by Republicans. In case you couldn't guess. (The judge that overturned that law was an Obama appointee.)

Donating to bail funds? Georgia's Republican legislature effectively outlawed said bail funds, barring a temporary court injunction (issued by a Biden appointee). The U.S. House has been angling towards similar moves against bail funds, which have so far not reached the Senate.

Do you care about protesting? If you want to minimize your chance of getting jailed for it — not completely eliminate, but minimize — then you have to pay attention to your county prosecutor election. Care about harm reduction via needle exchanges, and test strips for drug users? You have to care about your city council. I'm genuinely sorry about that one, because I hate the struggle of finding information on local candidates too — but you have to, I have to, we all have to.

Yes, of course it's naive to pretend voting will fix all our problems. Of course it's naive to think Democrats are our best friends. But you know what else is naive? Mumbling some excuse of "direct action is better" when people ask why you're not voting, and then not thinking at all about how election outcomes will affect the direct action you purport to value. So like. Think about that.

[whatbigotspost]

FUCK YES!!!!

Still so far from over and only a temporary situation but thank god for ANY positive news out of the flaming dumpster fire that is this state’s* politics. Especially when it comes to trans folks.

We’ll see where this goes from here.

*people with no connection or first hand experience with Texas DO NOT ADD ANY ANTI TEXAS CHATTER to this post please. It’s not the place or time and you don’t kick friends when they’re down anyway. Talk about where you live/know please bc there’s a 100%, 50 out of 50 chance you’re being governed by terrible laws and governments

[rjzimmerman]

Excerpt from this New York Times story:

The Supreme Court temporarily put on hold on Thursday an Environmental Protection Agency plan to curtail air pollution that drifts across state lines, dealing another blow to the Biden administration’s efforts to protect the environment.

The ruling followed recent decisions chipping away at the agency’s authority to address climate change and water pollution.

Under the proposal, known as the “good neighbor” plan, factories and power plants in Western and Midwestern states must cut ozone pollution that drifts into Eastern ones. The emissions cause smog and are linked to asthma, lung disease and premature death.

The ruling was provisional, but even the temporary loss for the administration will suspend the plan for many months and maybe longer.

The vote was 5 to 4. Writing for the majority, Justice Neil M. Gorsuch said the court’s ruling was modest, pausing the administration’s plan in light of developments in lower courts. He said the Supreme Court’s stay would remain in place while a federal appeals court in Washington considered the matter and, after that, until the Supreme Court acts on any appeal.

Justice Amy Coney Barrett, joined by the court’s three liberal members, issued a spirited dissent predicting that the majority had created a “yearslong exercise in futility.”

“Given the number of companies included and the timelines for review,” she wrote, “the court’s injunction leaves large swaths of upwind states free to keep contributing significantly to their downwind neighbors’ ozone problems for the next several years.”

She called one argument set out in the majority opinion “a feeble response.” Another, she said, “throws at the wall a cherry-picked assortment of E.P.A. statements.”

“None stick,” she added.

Vickie Patton, general counsel of the Environmental Defense Fund, criticized the majority’s approach as reckless.

[veganpropaganda]

‘Oppressive’ child labor found at poultry plant’s kill floor after teen’s death, feds say

Read more at: https://www.miamiherald.com/news/nation-world/national/article288585497.html

A U.S. chicken producer is again facing child labor accusations after a 16-year-old worker was killed at its poultry plant in Mississippi last July, according to the U.S. Department of Labor.

On May 1, four teenagers, including two 16-year-olds and two 17-year-olds, were found working on the kill floor at Mar-Jac Poultry’s processing facility in Jasper, Alabama, federal court filings show.

With three teens’ shifts starting at 11 p.m. — and a fourth teen’s shift starting at 8:30 p.m. — they were each tasked with “hanging live chickens on hooks for slaughter and cutting meat from the carcasses,” according to court documents filed in U.S. District Court for the Northern District of Alabama.

This violates federal child labor provisions in place to protect minors from dangerous jobs that have proven deadly.

On July 14, 2023, Duvan Robert Tomas Perez, a 16-year-old migrant from Guatemala, was killed while cleaning a chicken deboning machine at Mar-Jac’s plant in Hattiesburg, Mississippi, according to a wrongful death lawsuit, McClatchy News previously reported.

The Labor Department’s Occupational Safety and Health Administration found Perez was fatally pulled into the “still-energized” machine because Mar-Jac Poultry MS LLC “disregarded safety standards.”

OSHA cited the company over his death in January, according to a news release.

Now, the Labor Department is seeking a court order to stop Mar-Jac from selling and shipping “poultry tainted by oppressive child labor” from the company’s plant in Alabama, court filings say.

An “urgent” request for a temporary restraining order and preliminary injunction filed by Acting Labor Secretary Julie Su asks the court to prevent Mar-Jac Poultry of Alabama, LLC, from profiting off products linked to child labor.

Following the request, an evidentiary hearing was held on May 14 and May 15, Mar-Jac said in a May 20 news release provided to McClatchy News in response to a request for comment.

Instead of granting the request, the court ordered Su to submit a brief by May 28 and ordered Mar-Jac to submit a response to the brief by June 4, the release said.

What Mar-Jac says about the child labor accusations

In a response filed May 8, Mar-Jac contends it offered to stop shipping poultry produced on the May 1 shift, when the alleged child labor violations involving the four teens were uncovered by the Labor Department’s Wage and Hour Division.

However, the Wage and Hour Division “rejected that offer and demanded Mar-Jac not ship goods in interstate commerce for the next 30 days,” the filing says.

This would “would put more than 1000 workers out of their jobs for that 1-month period and disrupt the supply chain, adversely affecting hundreds more workers involved in growing and transporting poultry products,” Mar-Jac said in its news release.

Mar-Jac refused the division’s demand and argues that the company was unaware three of the four minor employees were underage.

According to the Labor Department, Wage and Hour Division investigators learned the four teens “had been working at the facility for months,” a complaint says.

The department has declared all chicken produced by Mar-Jac up until May 31 are “hot goods” that are “tainted by child labor,” according to the complaint.

Mar-Jac maintains three of the four teens showed documents that claimed they were older than 17 and were then verified as over 18, according to the May 8 court filing.

The company says it “immediately discharged” the three minors after learning they were underage and denied that they worked on the Alabama plant’s kill floor, the filing says.

As for the fourth minor, Mar-Jac said federal investigators haven’t identified the teen, “making it impossible for Mar-Jac to end the alleged (child labor) violation,” according to the filing.

On May 14, the Labor Department called Mar-Jac’s response a “misguided attempt to persuade this Court to allow (the company) to flout the inherent dangers of oppressive child labor,” court records show.

Mar-Jac said in the release that the company “will continue to vigorously defend itself and expects to prevail in this matter” and that it is “committed to complying with all relevant laws, including but not limited to the child labor regulations.”

Following the death of Perez at the Mississippi poultry plant, Mar-Jac acknowledged he “should not have been hired” because he was under 18, according to a July 19 news release published online by WDAM-TV.

The company said the employee’s age and identity “were misrepresented” on his hiring paperwork, according to the release.

Seth Hunter, an attorney representing Perez’s mother, who is suing over his death, said in a news release provided to McClatchy News in February that Mar-Jac’s “working conditions have to change.”

He said Chick-fil-A “is one of Mar-Jac’s largest customers” and that Chick-fil-A and other companies “should insist on better working conditions or stop doing business with them.”

At the time, Chick-fil-A didn’t respond to McClatchy News’ request for comment from Feb. 5.

A few months after Perez’s death, the company told NBC News in October that “We are reviewing our own procedures for investigation and response as we pursue the steps necessary to effectively hold all our suppliers to our high safety standards.”

Similar to Perez, a New York Times investigative report published in September found many migrant children and teens are working dangerous jobs, including at poultry plants.

Mar-Jac’s plant in Jasper, Alabama, is about a 240-mile drive west of the company’s headquarters in Gainesville, Georgia.

[girlactionfigure]

🟪 STRIKE & DEAL UPDATES - Monday morning, events from Israel

ISRAEL REALTIME - Connecting to Israel in Realtime

▪️ARAB IMPRESSION.. "The Israeli enemy is exhausted and its military leadership is begging for a solution despite all the threats to expand the war on the northern front with Lebanon."

▪️STRIKE UPDATES..

.. The Legal Adviser to the Government instructed the Attorney's Office to contact the Labor Court with a request that it issue injunctions for the Histadrut strike.

.. This morning at 10:30 a hearing at the Labor Court. The request for a restraining order was submitted by the Bereaved Families' Heroes Forum.

.. The State to the High Court: According to the position of the Prime Minister and the Minister of Finance, the announced strike is political and was announced against the law. Requesting a temporary order in ex parte status.

.. Hearing postponed until 12:00 by the court.

.. Despite the position of the attorney general that the strike is political and illegal, the workers' committee of the attorney general’s office continues to shut down the office.

.. The Chairman of the Airports Authority Workers' Committee, Pinchas Idan, is in danger of being removed from the Likud, in light of his position aligning with Def. Min. Galant.

.. Jerusalem light rail closed until 12:00.

.. Mayor of Kiryat Shmona: “When we asked for a strike to speed up the return home (for those evacuated from the north), you said, "I don't want to involve the Histadrut in politics."

.. Histadrut official: They are considering continuing the strike tomorrow as well.

🔶DEAL NEWS.. Hamas leader Sinwar's deputy, Khalil al-Hiya, who is in charge of negotiations in Hamas - “As long as the Palestinian prisoners are not released, as long as the war does not stop, as long as the army does not withdraw from the Strip and especially from Netzarim and Philadelphi - there will be no agreement.  There is no real negotiation. In the last two weeks, they are just grinding water.

We showed great flexibility - instead of our demand for the release of 500 Palestinian prisoners for each male and female soldier and 250 Palestinian prisoners for each civilian, we agreed to drop to 50 prisoners for each female soldier and 30 prisoners for each civilian.

A permanent ceasefire is a condition for the deal.”

.. AMERICANS SAY.. The Biden administration is preparing a new and final proposal to end the war in Gaza.

.. Official Russian media: Russia is investing efforts to bring about the release of Alexander (Sasha) Trufanov, who is kidnapped in Gaza.

🔴TERROR ATTEMPT - CAR BOMB - ATERET.. (Israeli town in Samaria, 10 km east of Modi’in) A car bomb was neutralized at the entrance to the town of Ateret in Binyamin. There are no casualties. Binyamin connector road is closed to traffic.  Two large natrual-gas tanks were found connected to a detonator.

♦️JENIN.. The IDF says it carried out a drone strike against a group of Arabs hurling explosive devices at troops during the ongoing operation in Jenin.

⭕No rocket or suicide drone attacks overnight.  Analysts say they don’t want to interrupt the strikes (yes, this is real - they watch the Israeli news and plan the impact of their actions).

[allthecanadianpolitics]

The fact the Saskatchewan government went outside its borders to find an expert to consult in crafting its controversial new education policy is being questioned by some critics. The policy to require parental consent for students under the age of 16 to change their names or pronouns at school was formulated and announced this summer, then challenged in court. After a Court of King's Bench judge granted a temporary injunction that halted the policy until a full hearing could be held, the government opened an emergency session of the Legislature last week and introduced legislation that invokes the nothwithstanding clause to override sections of the Canadian Charter of Rights and Freedoms and the Saskatchewan Human Rights Code.  Court documents filed in response to the UR Pride Centre for Sexuality and Gender Diversity's challenge over the constitutionality of the initial policy have shown that the government cited one expert it relied on in coming up with the policy: Dr. Erica Anderson. 

Continue Reading.

Tagging: @politicsofcanada

[probablyasocialecologist]

A federal judge issued a temporary injunction this month that partially blocked enforcement of Florida’s ban on gender-affirming care for minors. In a 44-page opinion, Judge Robert Hinkle offered a lengthy rebuke of the arguments presented by the state of Florida to medically justify banning gender-affirming care—which happen to be many of the same arguments that corporate media have uncritically parroted. In the ruling, Hinkle wrote: In support of their position, the defendants have proffered a laundry list of purported justifications for the statute and rules. The purported justifications are largely pretextual and, in any event, do not call for a different result. To bolster their legal case, Florida Gov. Ron DeSantis’ administration hired consultants and expert witnesses from anti-trans organizations, including the American College of Pediatricians (ACPeds), which has been designated a hate group by the Southern Poverty Law Center, to make false and misleading claims about the science behind gender-affirming care. Right-wing media outlets regularly give such sources a platform to make those claims (e.g., Fox News 3/30/23; New York Post, 1/30/23; Federalist, 2/1/23), but centrist outlets, too, often credulously air such claims, laundering them for a mainstream audience.

[reasonsforhope]

Federal Judge Gregory Presnell has placed a preliminary injunction on a Florida bill banning individuals under the age of 18 from attending drag performances. 

[Note: "Preliminary injunction" means that the judge has blocked the law from going into effect. The ban is temporary, and is designed to keep the bill from being enforced or applied while the bill goes through the appeals process, where higher-level judges will rule on whether they agree with DeSantis, or with this judge.

Given how incredibly overbroad the law is, previous recent rulings on these issues, and this judge's ruling in particular, DeSantis's government will almost certainly have a difficult time convincing any not-a-total-right-wing-crony lawyer that the law is constitutional. Because, in fact, this law is a huge violation of the first amendment, which protects freedom of speech and freedom of expression.]

The law, dubbed the “Protection of Children Act,” would allow “the Department of Business and Professional Regulation to fine, suspend, or revoke the license of any public lodging, establishment, or public food service establishment if the establishment admits a child to an adult live performance.” DeSantis previously said that drag shows, which are covered by the ban, “sexualize” children.  

In his ruling, Presnell sided with Hamburger Mary’s, a restaurant that hosts drag performances and sued the DeSantis administration, claiming that the restrictions implemented by the act were too broad and not only violated their first amendment rights but unfairly harmed their business. 

In a move the DeSantis administration likely did not see coming, Presnell cited previous laws passed by the Florida governor in his reasoning for placing an injunction on the law. Presnell wrote that the Florida government had failed to sufficiently narrow the breadth of the ban to prevent its unjust application and its “inevitable clash with the Florida ‘Parents’ Bill of Rights’ and other laws.” 

The “Parental Bill of Rights” was signed into law by DeSantis in July of 2021. The law, as quoted by Presnell states that “all parental rights are reserved to the parent of a minor child in this state…including…[t]he right to direct the upbringing and the moral or religious training of his or her minor child.” 

-via Rolling Stone, June 23, 2023

[maneki-art]

Swing Macabre : Les Trois Grâces

Alors…

Bon… Pour commencer, je les appelle les Trois Grâces, mais elles (oui, ELLES) n’ont rien à voir avec la mythologie.

Pour être entièrement exacte, elles ont été inspirées par le Dit des Trois Morts et des Trois Vifs.

Pour simplifier ceux qui ne connaissent pas le Dit etc etc, en gros, imaginez rencontrer trois squelettes et/ou cadavres qui vous disent : Tel que tu, tel je fus / Et tu seras tel que je suis.

Oui, ça fait un choc.

En gros, elles sont les Memento Mori de Madeleine. Elles sont là pour lui rappeler de vivre le moment présent.

Elles ont aussi des éléments des Vanités de la Renaissance, avec le miroir, la pomme d’or/les bijoux et le peigne, pour signifier que la beauté, la richesse et la jeunesse sont temporaires mais plus ça va, plus j’ai envie de dire que dans leur cas, ce n’est pas une leçon de morale et de piété, mais plutôt l’injonction d’en profiter.

The Three Graces

Sooooo…

Ok, for a start, I call them the Three Graces, but these lasses (yes, LASSES) have nothing to do with mythology.

More precisely, they were inspired by a medieval French poem: Le Dit Des Trois Morts et Des Trois Vifs (The Tale of the Three Living and the Three Dead).

So, there is no Wikipedia page about it, but basically it was a Medieval poem which later became a theme in Medieval art. Three young men are hunting, and suddenly faces three dead in gradual state of decomposition who get out of their tombs. The livings are, rightfully, freaking out, and the dead basically told them to live a better (read: more Christian) life and prepare for their upcoming death because: As you are, we were, as we are, you will be.

 Yup, they are positively sunny, aren’t they?

Grosso modo, the Graces are Madeleine’s Memento Mori. They are here to remind her to live in the moment.

They also have elements from Vanitas, with the mirror, le gold apple/jewels and the comb, which means beauty, riches and youthfulness are temporary, but the more I think about it, the more I understand that, coming from the girls, it is not a moral or piety lesson, but an injunction to enjoy her life.

[thechanelmuse]

Wendy Williams

When my damn spidey senses kick in.

From the moment that diagnosis news went viral today, something didn't feel right. But I couldn't put my finger on it.

So Wendy's niece, Alex, went on The View today and discussed the upcoming 2-part Lifetime docuseries, Where Is Wendy Williams?, with the hosts (who all watched the series). Apparently, the series exposes the court-appointed conservatorship that bars the family. I been knew about the family being barred and not being put in the know about her whereabouts (sketchy), but not what the series features aside from Wendy. Interesting.

Peep all the details revealed and the specific questions that are asked:

Right after the interview 🤔, news about Wendy having aphasia and frontotemporal dementia comes out. How convenient. Who is the damn guardian? Why is it so secretive? I google. This ho down here pops up but I also see it's made its way onto twitter:

Now this court-appointed temporary guardian has filed a lawsuit against Lifetime to block the docuseries from coming out, according to TMZ. On the same day as the interview and that diagnosis news. Clockwork. 😒 Per TMZ:

"Sabrina Morrissey -- who says she's acting in her capacity as temporary guardian of W.W.H. (presumably Wendy Williams Hunter) -- just filed suit against A&E Television Networks, but she did it under seal, meaning the public can't peep what exactly she's running to court for.

"Morrissey is also seeking a temporary restraining order in her action -- again, that's often the mechanism used when someone wants a judge to step in and halt the release of a film or television project. Now, what's interesting is that the judge actually ordered all the docs to remain temporarily under seal -- and set a hearing date for next week to determine whether they should stay that way as the case plays out.

"Of course, the Wendy doc drops this weekend, and while the hearing on the sealing issue falls after the release date, it's possible the court will rule on the merits of what Morrissey's asking for ... namely, injunctive relief against A&E -- while the docs are temporarily sealed. "

Leak docuseries now.

😒

[coquelicoq]

A Grants Pass city ordinance requires homeless residents living in vehicles to move every 72 hours, and police require anyone living in parks to move as often as is allowed by state law, which is also every 72 hours. City code bars anyone from sleeping in public spaces or using sleeping materials for the purpose of maintaining a temporary place to live under threat of criminal and civil penalty.

[...]

The Supreme Court’s decision in the case out of southern Oregon, expected in June, will broadly impact how local governments write homelessness policy in the United States.

Since the Supreme Court took up the case in January, Democrat and Republican governments, district attorneys and business associations submitted amicus briefs arguing a 2022 Ninth U.S. Circuit Court of Appeals injunction removes necessary tools for enforcing laws against homeless residents sleeping on public property.

A host of organizations submitted amicus briefs in support of counsel representing homeless residents, saying laws punishing individuals for being homeless are cruel and unusual. The briefs also argued the laws do nothing to solve the homelessness crisis and will likely exacerbate the issue.

[...]

Referring to the state law, Jackson asked about “constitutional avoidance,” a legal doctrine that would allow the Supreme Court to decline to render a decision on the constitutionality of the Grants Pass ordinance. Roberts appeared to also question the court’s responsibility, asking why “these nine people are the best people to judge and weigh those policy judgements.”

The lower court’s decision will stand if the court decides not to issue a ruling as a matter of constitutional avoidance. Kelsi Corkran, Georgetown Law Supreme Court director and counsel for the class of homeless residents, told the court she would have no issues with that outcome.

If the court determined the ordinance does not violate the Eighth Amendment because Oregon has a necessity defense, the burden of proof would fall on each homeless individual to show a court they were sleeping outside for a reason, each time they received a citation.

[...]

“Ending homelessness requires collaboration and buy-in,” Rabinowitz said. “That cannot happen when the government is focused on throwing away people's stuff and throwing folks in jail.”

Tickets can impact credit scores, making it more difficult for people to be accepted into housing, and a criminal history also creates significant barriers.

“All of these things break connections and displace people from their chosen communities,” Rabinowitz said. “They all make homelessness worse.”

There is a broad range for what the Supreme Court could ultimately decide, Rabinowitz said. It could uphold the 9th Circuit’s decision saying civil and criminal punishments against homeless residents for being homeless are cruel and unusual. It could say people can be fined but not arrested, or it could overturn Martin v. Boise. While there appeared to be little appetite for it in the courtroom, the court could go so far as to say it has wrongly interpreted the Eighth Amendment in cases like 1962’s Robinson v. California. That could make way for laws criminalizing other involuntary statuses.

Rabinowitz said in the best-case scenario, the Supreme Court will set a bar — albeit a low bar — saying homelessness cannot be criminalized. People still need a place to go, regardless of the court’s decision. Until the support systems are in place to keep people from becoming homeless, the crisis will continue, according to Rabinowitz.

“Homelessness is a choice made by our elected officials every day when they fail to fund housing,” he said.

8 May 2024