Judicial Appointment Challenge In TN Fails
National News
According to Courthouse News, the 6th Circuit dismissed an appeal challenging the constitutionality of the way Tennessee appoints its Supreme Court justices.
The method drew criticism from Drew Johnson, president of the conservative Tennessee Center for Policy Research, and former Democratic gubernatorial nominee John Jay Hooker.
Johnson and Hooker claimed the appointment process deprived them of their right to vote on the Supreme Court candidates in a popular election.
Under the state's plan, the governor selects a justice from a panel of three candidates presented by a judicial selection committee. The governor's pick is then put before voters in the next election. Every eight years, voters decide whether to keep sitting justices for another term.
The magistrate judge dismissed the challenge for lack of jurisdiction, and the Cincinnati-based federal appeals court affirmed.
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.