Matthews R Bark – Appeals court rejects legal case against deportation deferral program

Source   : AJC Com
By           : Jeremy Redmon
Category : Matthews Bark Criminal Defense, Matthews R Bark

Appeals court rejects legal case against deportation deferral program
Appeals court rejects legal case against deportation deferral program

A federal appeals court has rejected Mississippi’s attempt to scrap a controversial Obama administration program shielding young immigrants without legal status from deportation. The ruling is significant because it came from the New Orleans-based 5th Circuit Court of Appeals, the same court that will hear arguments this month over whether the sweeping executive actions on immigration President Barack Obama announced last year will stand. In a 17-page order issued Tuesday, the appeals court upheld a decision from a lower court against Mississippi and a group of U.S. Immigration and Customs Enforcement agents and deportation officers. The appeals court said the plaintiffs had not “demonstrated the concrete and particularized injury required to give them standing to maintain this suit.”

At issued is the Obama administration’s Deferred Action for Childhood Arrivals program, or DACA. The program applies to young immigrants who were illegally brought to the U.S. as children, who attend school here and who do not have felony convictions. Those accepted into the program are granted temporary reprieves from deportation and permits to work legally in the U.S. As of December, 19,883 people living in Georgia have been accepted into the program. Mississippi officials have argued DACA has caused additional immigrants without legal status to remain in their state, resulting in additional costs for social services. The ICE agents said federal law requires them to detain and seek to deport all immigrants living illegally in the U.S. They worry that if they enforce the law and ignore DACA they will be subject to employment sanctions.

Link : ajc.com/news/news/state-regional-govt-politics/appeals-court-rejects-legal-case-against-deportati/nkpWr/

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Matthews R Bark Attorney – “President Signs Law Giving Government More Power Over Judiciary”

Source     – Euro News
By            – Press Release
Category – Matthews R Bark, Matthews R Bark Attorney

Attorney Matthews Bark of Orlando
Attorney Matthews Bark of Orlando

Turkish President Abdullah Gul signed into effect a new bill giving the government greater control over the judiciary on Wednesday. Gul said he had asked for 15 anti-constitutional points in the bill to be corrected, before final approval. The main opposition Republican People’s Party says it will renew it’s application to make the new law void.

Critics say it weakens judicial independence. Protests in Ankara and Istanbul have already broken out over government corruption. Prime Minister Recep Tayyip Erdogan is embroiled in a scandal in which alleged tape recordings reveal him asking his son to dispose of vast amounts of illegal cash. Gul has already overseen the approval of a law tightening up control of the internet. Critics claim this is a crackdown on freedom of speech and dissent and a knee-jerk response to the ongoing corruption probe.

Source : euronews.com/2014/02/27/turkey-s-president-signs-law-giving-government-more-power-over-judiciary/

Matthews R Bark – “Apple Is Trying To Squeeze Even More Money From Samsung In Patent Suit”

Source     – BGR
By            – Brad Reed
Category – Matthews Bark Criminal Defense, Matthews R Bark

Apple - Samsung Patent Wars
Apple – Samsung Patent Wars

Sorry, Samsung: It looks like that additional $290 million still isn’t enough for Apple. FOSS Patents notes that Apple filed a motion this week asking Samsung to pay an additional $15.7 million to help cover Apple’s legal expenses, which the company says totaled more than $60 million over the duration of the patent trial. Samsung is already on the hook for more than $929 million in its patent dispute with Apple so from that perspective another $15 million doesn’t seem like all that much.

Having losing parties pay for their opponents’ legal expenses in patent cases isn’t the norm in the United States right now, although that could change if the Innovation Act that passed in the House of Representatives on Thursday becomes law. In that legislation, losing patent plaintiffs will be made to pay for defendants’ legal fees so that non-infringing companies don’t have to waste untold amounts of money to defend themselves from constant suits.

Source : bgr.com/2013/12/06/apple-samsung-patent-trial-legal-expenses/

Matthews R Bark -Criminal Defense Attorney | “The Unsettled HealthCare Law”

Source     : latimes.com
By             : Doyle McManus
Category : Matthews R Bark –Criminal Defense AttorneyOrlando Drug Defense Attorney

Matthews R Bark- Criminal-Defense-Attorney
Matthews R Bark- Criminal-Defense-Attorney

Ever since Obamacare’s stormy passage in early 2011, Democrats have been waiting anxiously for the program to go into effect and hoping that a dose of reality would calm the partisan battles over the health insurance plan. Once everything was up and running, they hoped, skeptical Americans would see that Obamacare was a good idea all along — and reward the party that brought it to them. That’s looking unlikely, at least in the short run. Last week’s glitch-filled rollout of Obamacare’s health exchange websites, combined with Republicans’ furious refusal to accept the program as what President Obama calls “settled law,” confirmed something political strategists in both parties had already predicted: The war over Obamacare is far from over.

“It’s unlikely that the Affordable Care Act will be widely popular until people have real experience with it — until it becomes the new normal,” a leading Democratic strategist told me. “We’re talking about years, not weeks or months.” Nobody expected the launch of a fleet of balky websites to make an immediate difference to perceptions of the health insurance plan, not even with endorsements from icons like Lady Gaga, who managed to get the main website address wrong in her promotional tweet. Still, the opening-day problems and the slow pace of applications for health insurance were not encouraging signs. More important, in the long run, was the Republican Party’s reaffirmation — spurred by Sen. Ted Cruz (R-Texas) and other tea party legislators — that repealing, defunding or dismantling the program remains one of its top goals.

The tea party caucus has succeeded in making resistance to Obamacare a litmus test for Republicans, and as a result, it’s likely that next year’s congressional election will be fought in large part over the health insurance program. The fate of Obamacare may hang in the balance. “The 2014 election will be the Gettysburg of this struggle — the deciding battle, one way or the other,” predicted Robert J. Blendon of Harvard’s School of Public Health. In the current Congress, the Senate’s Democratic majority has stopped the Republican-led House of Representatives from defunding or delaying Obamacare’s implementation. But if Republicans take control of the Senate next year — a prospect currently rated as a tossup — only Obama’s veto will stand in their way.

And even by election day in 2016, Obamacare may still be a work in progress. “If you give it three, four, five years, every experience we have is that public support will be there,” Blendon said. “But you have to give it that much time.” Meanwhile, Republicans will have every incentive to attack the program’s shortcomings. “The real problem here is not managerial; many programs take years to roll out,” he said. “The real issue is political. Programs don’t do well if one party doesn’t support it and public opinion isn’t for it.” As for Obamacare, public opinion has settled into skepticism. A Fox News poll released last week, after the websites’ rollout, found that 54% of voters favor repealing all or part of the law, while 41% want to preserve or expand it — not much different from earlier findings.

The poll found that only 30% of voters want to repeal the entire law — but among Republicans, that number swells to 53%, and among tea party supporters, 71%. That helps explain GOP legislators’ opposition. What could change public attitudes? “There could be movement either way, depending on whether people think the program turns out better or worse than they expected,” Blendon said. If more employers drop retirees and spouses from insurance coverage because Obamacare is available, for example, “you could see a huge backlash,” he said. Republicans may have a built-in advantage in that debate: They can blame any bad news about healthcare on Obamacare, whether the program is at fault or not. “If rates are going up, Republicans will say that’s because of Obamacare, even though it’s not true,” said Mark Mellman, a Democratic pollster. “If companies are cutting back, Republicans will say that’s because of Obamacare.”

But it will also matter what remedy Republicans propose. In last week’s Fox News poll, most voters said they opposed defunding Obamacare — although two-thirds of GOP voters said they supported the idea. A one-year delay in implementing Obamacare, on the other hand, is a broadly popular idea, supported by 57% of all voters, including 80% of Republicans. So don’t expect the war over Obamacare to be over any time soon. Instead, expect Republicans of every stripe to continue their guerrilla campaign against the program through the 2014 congressional election, and perhaps the 2016 presidential election as well.

Expect more furious, partisan debate over every step of implementation, with dueling experts from each side. Expect smart Republicans to focus on demands to delay or cancel the penalties on individuals for failing to sign up, the law’s least popular provision. That might sound like a minor change, but it could undermine the program fatally. The president will continue to insist that Obamacare is “settled law.” But a law is only fully settled once both parties accept its permanence, and Obamacare is a long way from there.

Source :  latimes.com/opinion/commentary/la-oe-mcmanus-column-affordable-care-act-20131006,0,5425437.column