A federal appellate court is set to hear oral arguments Monday in a civil rights lawsuit alleging a south Louisiana parish engaged in racist land-use policies to place polluting industries in majority-Black communities.
The Fifth Circuit Court of Appeals in New Orleans is reviewing a lawsuit filed by community groups claiming St. James Parish “intentionally discriminated against Black residents” by encouraging industrial facilities to be built in areas with predominantly Black populations “while explicitly sparing White residents from the risk of environmental harm.”
The groups, Inclusive Louisiana, Rise St. James and Mt. Triumph Baptist Church, seek a halt to future industrial development in the parish.
The plaintiffs note that 20 of the 24 industrial facilities were in two sections of the parish with majority-Black populations when they filed the complaint in March 2023.
The parish is located along a heavily industrialized stretch of the Mississippi River between New Orleans and Baton Rouge, Louisiana, known as the Chemical Corridor, often referred to by environmental groups as “Cancer Alley” because of the high levels of suspected cancer-causing pollution emitted there.
The lawsuit comes as the federal government has taken steps during the Biden administration to address the legacy of environmental racism. Federal officials have written stricter environmental protections and committed tens of billions of dollars in funding.
In the Louisiana case, U.S. District Judge Carl Barbier of the Eastern District of Louisiana in November 2023 dismissed the lawsuit largely on procedural grounds, ruling the plaintiffs had filed their complaint too late. But he added, “this Court cannot say that their claims lack a basis in fact or rely on a meritless legal theory.”
Barbier said the lawsuit hinged primarily on the parish’s 2014 land-use plan, which generally shielded white neighborhoods from industrial development and left majority-Black neighborhoods, schools and churches without the same protections. The plan also described largely Black sections of the parish as “future industrial” sites. The plaintiffs missed the legal window to sue the parish, the judge ruled.
Yet the parish’s land-use plan is just one piece of evidence among many revealing ongoing discrimination against Black residents in the parish, said Pamela Spees, a lawyer for the Center of Constitutional Rights representing the plaintiffs. They are challenging Barbier’s ruling under the “continuing violations” doctrine on the grounds that discriminatory parish governance persists, allowing for industrial expansion in primarily Black areas.
The lawsuit highlights the parish’s decision in August 2022 to impose a moratorium on large solar complexes after a proposed 3,900-acre (1,580-hectare) solar project upset residents of the mostly white neighborhood of Vacherie, who expressed concerns about lowering property values and debris from storms. The parish did not take up a request for a moratorium on heavy industrial expansion raised by the plaintiffs, the lawsuit states.
These community members “have tried at every turn to simply have their humanity and dignity be seen and acknowledged,” Spees said. “That’s just been completely disregarded by the local government and has been for generations.”
Another part of the complaint argues the parish failed to identify and protect the likely hundreds of burial sites of enslaved people by allowing industrial facilities to build on and limit access to the areas, preventing the descendants of slaves from memorializing the sites. The federal judge tossed out that part of the lawsuit, noting the sites were on private property not owned by the parish.
At its core, the complaint alleges civil rights violations under the 13th and 14th amendments, stating the land-use system in the parish allowing for industrial buildout primarily in majority-Black communities remains shaped by the history of slavery, white supremacy and Jim Crow laws and governance.
Lawyers for St. James Parish said the lawsuit employed overreaching claims and “inflammatory rhetoric.” St. James Parish did not respond to a request for comment.
A federal judge in Kansas has tossed out a machine gun possession charge and questioned if bans on the weapons violate the Second Amendment.
If upheld on appeal, the ruling by U.S. District Judge John W. Broomes in Wichita could have a sweeping impact on the regulation of machine guns, including homemade automatic weapons that many police and prosecutors blame for fueling gun violence.
Broomes, an appointee of President Donald Trump, on Wednesday dismissed two machine gun possession counts against Tamori Morgan, who was indicted last year. Morgan was accused of possessing a model AM-15 .300-caliber machine gun and a machine gun conversion device known as a “Glock switch” that can make a semi-automatic weapon fire like a machine gun.
“The court finds that the Second Amendment applies to the weapons charged because they are ‘bearable arms’ within the original meaning of the amendment,” Broomes wrote. He added that the government “has the burden to show that the regulation is consistent with this nation’s historical firearm regulation tradition.”
As of Friday, no appeal had been filed. A spokeswoman for the U.S. Attorney’s Office in Wichita declined comment. Federal prosecutors in the case said in earlier court filings that the “Supreme Court has made clear that regulations of machineguns fall outside the Second Amendment.”
A June 2022 Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen was seen as a major expansion of gun rights. The ruling said Americans have a right to carry firearms in public for self-defense.
Jacob Charles, an associate law professor at Pepperdine University who tracks Second Amendment cases, said the Kansas ruling is direct fallout from the Bruen decision.
“It gives lower court judges the ability to pick and choose the historical record in a way that they think the Second Amendment should be read,” Charles said.
Charles expects Broomes’ ruling to be overturned, citing Supreme Court precedent allowing for regulation of machine guns.
Eric Ruben, a fellow at the Brennan Center and an associate law professor of Southern Methodist University, agreed.
“As far as I know, this is the first time in American history that a machine gun ban has been found unconstitutional in its application,” Ruben said.
Shira Feldman of Brady United Against Gun Violence, called the ruling “an incredibly dangerous decision, and it’s inconsistent with what the Supreme Court has said the Second Amendment means.”
A message left Friday with the National Rifle Association wasn’t immediately returned.
Communities across the U.S. have dealt with a surge of shootings carried out with weapons converted to fully automatic in recent years. These weapons are typically converted using small pieces of metal made with a 3D printer or ordered online.
Guns with conversion devices have been used in several mass shootings, including one that left four dead at a Sweet Sixteen party in Alabama last year and another that left six people dead in a bar district in Sacramento, California, in 2022. In Houston, police officer William Jeffrey died in 2021 after being shot with a converted gun while serving a warrant.
The Bureau of Alcohol, Tobacco, Firearms and Explosives reported a 570% increase in the number of conversion devices collected by police departments between 2017 and 2021, the most recent data available, The Associated Press reported in March.
The Arkansas Supreme Court on Tuesday night ordered the state to begin counting signatures submitted in favor of putting an abortion-rights measure on the ballot — but only ones collected by volunteers for the proposal’s campaign.
The one-page order from the majority-conservative court left uncertainty about the future of the proposed ballot measure. Justices stopped short of ruling on whether to allow a lawsuit challenging the state’s rejection of petitions for the measure to go forward.
The court gave the state until 9 a.m. Monday to perform an initial count of the signatures from volunteers.
Election officials on July 10 said Arkansans for Limited Government, the group behind the measure, did not properly submit documentation regarding signature gatherers it hired.
The group disputed that assertion, saying the documents submitted complied with the law and that it should have been given more time to provide any additional documents needed. Arkansans for Limited Government sued over the rejection, and the state asked the Supreme Court to dismiss the lawsuit.
Had they all been verified, the more than 101,000 signatures, submitted on the state’s July 5 deadline, would have been enough to qualify for the ballot. The threshold was 90,704 signatures from registered voters, and from a minimum of 50 counties.
“We are heartened by this outcome, which honors the constitutional rights of Arkansans to participate in direct democracy, the voices of 101,000 Arkansas voters who signed the petition, and the work of hundreds of volunteers across the state who poured themselves into this effort,” the group said in a statement Tuesday night.
Attorney General Tim Griffin said Wednesday morning he was pleased with the order.
“(Arkansans for Limited Government) failed to meet all legal requirements to have the signatures collected by paid canvassers counted, a failure for which they only have themselves to blame,” Griffin said in a statement.
Supreme Court Justice Samuel Alito is heard questioning whether compromise between the left and right is possible in a conversation posted on social media. The conservative justice is also heard agreeing with a woman who says the United States should return “to a place of godliness.”
The audio was posted Monday on X by liberal filmmaker Lauren Windsor. She said it was recorded at the Supreme Court Historical Society’s annual dinner last week.
“One side or the other is going to win,” Alito said. “There can be a way of working, a way of living together peacefully, but it’s difficult, you know, because there are differences on fundamental things that really can’t be compromised.”
Windsor then told Alito: “I think that the solution really is like winning the moral argument. Like, people in this country who believe in God have got to keep fighting for that, to return our country to a place of godliness.”
“I agree with you,” Alito responded.
Windsor also spoke with Chief Justice John Roberts, who rejected a similar argument. When Windsor suggested the court should lead the nation on a “Christian” path, Roberts responded, “I don’t know if that’s true.”
The court declined to comment on the recordings. Alito has rejected calls to step aside from Supreme Court cases involving former President Donald Trump and Jan. 6 defendants after stories emerged about controversial flags that flew above his homes.
In letters to members of Congress, Alito said his wife, Martha-Ann, was responsible for flying both an upside-down flag over their home in 2021 and an “Appeal to Heaven” flag at their New Jersey beach house last year. Both flags were like those carried by rioters who violently stormed the Capitol in January 2021 while echoing Trump’s false claims of election fraud.
Martha-Ann Alito spoke to Windsor about her flags on another recording made at the dinner, according to an additional edited recording the filmmaker posted online. She said she wanted to fly a religious flag because “I have to look across the lagoon at the Pride flag for the next month,” an apparent reference to celebratory LGBTQ+ displays during Pride month in June.
The Supreme Court is allowing Idaho to enforce its ban on gender-affirming care for transgender youth while lawsuits over the law proceed, reversing lower courts.
The justices’ order Monday allows the state to put in a place a 2023 law that subjects physicians to up to 10 years in prison if they provide hormones, puberty blockers or other gender-affirming care to people under age 18. Under the court’s order, the two transgender teens who sued to challenge the law still will be able to obtain care.
The court’s three liberal justices would have kept the law on hold. Justice Ketanji Brown Jackson wrote that it would have been better to let the case proceed “unfettered by our intervention.”
Justice Neil Gorsuch of the conservative majority wrote that it is “a welcome development” that the court is reining in an overly broad lower court order. A federal judge in Idaho had blocked the law in its entirety after determining that it was necessary to do so to protect the teens, who are identified under pseudonyms in court papers.
Lawyers for the teens wrote in court papers that the teens’ “gender dysphoria has been dramatically alleviated as a result of puberty blockers and estrogen therapy.”
The American Civil Liberties Union, representing the teens and their families, called the Supreme Court’s order “an awful result for transgender youth and their families across the state. Today’s ruling allows the state to shut down the care that thousands of families rely on while sowing further confusion and disruption.”
Idaho Attorney General Raúl Labrador said in a statement that the law “ensures children are not subjected to these life-altering drugs and procedures. Those suffering from gender dysphoria deserve love, support, and medical care rooted in biological reality. Denying the basic truth that boys and girls are biologically different hurts our kids.”
Gender-affirming care for youth is supported by every major medical organization, including the American Medical Association, the American Academy of Pediatrics and the American Psychiatric Association.
Medical professionals define gender dysphoria as psychological distress experienced by those whose gender expression does not match their gender identity.
The action comes as the justices also may soon consider whether to take up bans in Kentucky and Tennessee that an appeals court allowed to be enforced in the midst of legal fights.
At least 23 states have enacted laws restricting or banning gender-affirming medical care for transgender minors, and most of those states face lawsuits. A federal judge struck down Arkansas’ ban as unconstitutional. Montana’s ban also is temporarily on hold.
The states that have enacted laws restricting or banning gender-affirming medical care for transgender minors are Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah and West Virginia.
Texas’ plans to arrest migrants suspected of illegally entering the U.S. will remain on hold under a federal appeals court order that likely prevents enforcement of Republican Gov. Greg Abbott’s new immigration law until a broader decision on whether it is legal.
The 2-1 ruling late Tuesday is the second time a three-judge panel of the 5th U.S. Circuit Court of Appeals has put a temporary hold on the the Texas law. It follows a confusing few hours last week the Supreme Court allowed the law to take effect, setting off anger and anticipation along the U.S.-Mexico border.
The same panel of appeals judges will hear arguments on the law next week.
“I think what we can draw from this, from the chaos that this has been are several conclusions,” said Lisa Graybill, vice president of law and policy at the National Immigration Law Center. “One is that this is clearly a controversial law. Two is that the politics of the justices on the bench are very clearly playing out in their rulings.”
Texas authorities announced no arrests made under the law during that short window on March 19 before the appellate panel stepped in and blocked it.
In Tuesday’s order, Chief Judge Priscilla Richman cited a 2012 Supreme Court decision that struck down portions of a strict Arizona immigration law, including arrest power. The Texas law is considered by opponents to be the most dramatic attempt by a state to police immigration since that Arizona law.
“For nearly 150 years, the Supreme Court has held that the power to control immigration — the entry, admission, and removal of noncitizens — is exclusively a federal power,” wrote Richman, an appointee of Republican President George W. Bush.
The Justice Department has argued that Texas’ law is a clear violation of federal authority and would create chaos at the border. Texas has argued that President Joe Biden’s administration isn’t doing enough to control the border and that the state has a right to take action.
The Texas law, Richman wrote, “creates separate, distinct state criminal offenses and related procedures regarding unauthorized entry of noncitizens into Texas from outside the country and their removal.”
She was joined in the opinion by Judge Irma Carrillo Ramirez, a Biden appointee.
Judge Andrew Oldham, an appointee of former President Donald Trump and a former aide to Abbott, dissented from the majority decision.
The Supreme Court on Tuesday dismissed a case surrounding a Maine hotel that could have made it harder for people with disabilities to learn in advance whether a hotel’s accommodations meet their needs.
Hotels and other business interests had urged the justices to limit the ability of so-called testers to file lawsuits against hotels that fail to disclose accessibility information on their websites and through other reservation services.
The information is required by a 2010 Justice Department rule. People who suffer discrimination can sue under the landmark Americans With Disabilities Act, signed into law in 1990.
The justices did not issue a decision on the substance of the case. Instead, they dismissed the case and threw out a lower court ruling in favor of tester lawsuits. The outcome leaves the issue unresolved nationally.
Federal courts in some parts of the country allow such lawsuits. In others, those suits are barred.
The case in front of the court involved whether Deborah Laufer, a woman with disabilities, has the right to sue a hotel in Maine that lacked the accessibility information on its website, despite having no plans to visit it. In an effort to forestall an unfavorable ruling, Laufer withdrew her lawsuit against the hotel.