Microsoft search case dismissed
WASHINGTON (AP) - The Supreme Court has dismissed a dispute between the Trump administration and Microsoft over emails the government wanted as part of a drug trafficking investigation.
The justices on Tuesday agreed with both the administration and Microsoft that last month's passage of the Cloud Act as part of a spending bill resolves the dispute and makes the court's intervention unnecessary.
The legislation updated a 32-year-old law that governs how authorities can get electronic communications held by technology companies. The issue was whether Microsoft had to turn over emails that were stored on its server in Ireland.
The Cloud Act makes clear that the government can obtain the emails.
The court says in an unsigned opinion that "no live dispute remains between the parties."
No new trial for former Ohio lawmaker
COLUMBUS, Ohio (AP) - The U.S. Supreme Court says it won't grant a new trial to a former Ohio lawmaker convicted of defrauding investors.
Prosecutors say Pete Beck, a former Republican state representative and mayor of Mason in southwest Ohio, used his position in the community to convince people to invest in a startup software company that couldn't pay its bills or taxes.
Beck was convicted of multiple charges related to defrauding investors and was sentenced to four years in prison in 2015.
Prosecutors say Beck and others stole nearly $5 million from investors.
Beck was released from prison in December 2016, days after an appeals court vacated 10 of his 13 convictions. Three theft convictions were allowed to stand.
The Supreme Court issued its decision without comment.
Oklahoma death row inmate's appeal rejected
OKLAHOMA CITY (AP) - The U.S. Supreme Court has rejected the final appeal of an Oklahoma death row inmate convicted in the 2004 death of a security guard.
The Oklahoman reports that justices declined to review Wade Lay's case on Monday. The 57-year-old was convicted of fatally shooting 36-year-old Air Force veteran Kenny Anderson.
Anderson was killed during an armed bank robbery in Tulsa involving Lay and his son, Christopher Lay. The son was sentenced to life in prison without parole.
Oklahoma hasn't carried out executions for more than three years after experiencing problems with lethal injection protocol.
Attorney General Mike Hunter and Corrections Department Director Joe Allbaugh say Oklahoma is developing a protocol to establish execution by inert gas. They say executions could resume by the end of this year at the earliest.
Court strikes down vague part of immigration law
By Jessica Gresko
Associated Press
WASHINGTON (AP) - The Supreme Court said Tuesday that part of a federal law that makes it easier to deport immigrants who have been convicted of crimes is too vague to be enforced.
The court's 5-4 decision - in an unusual alignment in which new Justice Neil Gorsuch joined the four liberal justices - concerns a catchall provision of immigration law that defines what makes a crime violent. Conviction for a crime of violence makes deportation "a virtual certainty" for an immigrant, no matter how long he has lived in the United States, Justice Elena Kagan wrote in her opinion for the court.
The decision is a loss for President Donald Trump's administration, which has emphasized stricter enforcement of immigration law. In this case, President Barack Obama's administration took the same position in the Supreme Court in defense of the challenged provision. President Donald Trump tweeted Tuesday evening that the court's decision "means that Congress must close loopholes that block the removal of dangerous criminal aliens, including aggravated felons." He ended by saying "Keep America Safe!"
With the four other conservative justices in dissent, it was the vote of Trump-appointee Gorsuch that was decisive in striking down the provision at issue. Gorsuch did not join all of Kagan's opinion, but he agreed with her that the law could not be left in place. Gorsuch wrote that "no one should be surprised that the Constitution looks unkindly on any law so vague that reasonable people cannot understand its terms and judges do not know where to begin in applying it."
The case turned on a decision from 2015 that struck down a similarly worded part of another federal law that imposes longer prison sentences on repeat criminals. The majority opinion in that case was one of the last written by Justice Antonin Scalia, who died in 2016 and whose seat Gorsuch filled.
The 2015 decision "tells us how to resolve this case," Kagan wrote.
Tuesday's decision involves James Dimaya, a native of the Philippines who came to the United States legally as a 13-year-old in 1992. After he pleaded no contest to two charges of burglary in California, the government began deportation proceedings against him. The government argued among other things that he could be removed from the country because his convictions qualified as crimes of violence that allowed his removal under immigration law.
Immigration officials relied on a section of immigration law that lists crimes that make people eligible for deportation. The category in which Dimaya's convictions fell is a crime "that, by its very nature, involves a substantial risk that physical force...may be used in the course of committing the offense."
Immigration judges would have allowed Dimaya to be deported, but the federal appeals court in San Francisco struck down the provision as unconstitutionally vague. The Supreme Court affirmed that ruling Tuesday.
The Department of Homeland Security said in a statement after the ruling that it "significantly undermines" its "efforts to remove aliens convicted of certain violent crimes."
The decision does not, however, interfere with the government's ability to deport people who are convicted of clearly violent crimes, including murder and rape, as well as drug trafficking and other serious offenses. The ruling is limited to a category of crimes that carry a prison term of more than a year, but do not otherwise comfortably fit in a long list of "aggravated felonies" that can lead to deportation.
The case was initially argued in January 2017 by a court that was short a member because of Scalia's death and the refusal of Senate Republicans to act on Obama's nomination of Judge Merrick Garland. Deadlocked 4-4, the justices scheduled a new round of arguments once Gorsuch joined the court.
The case is Sessions v. Dimaya, 15-1498.
--------
Associated Press writer Mark Sherman contributed to this report.
Published: Thu, Apr 19, 2018
