Wednesday, December 19, 2018

Human rights court rules against Greece in Sharia law case

Greece violated a prohibition on discrimination by applying Islamic religious law to an inheritance dispute among members of the country's Muslim minority, the European Court of Human Rights ruled Wednesday. The court, based in the eastern French city of Strasbourg, ruled Greece violated the European Convention on Human Rights by applying Sharia law in the case, under which a Muslim Greek man's will bequeathing all he owned to his wife was deemed invalid after it was challenged by his sisters. The man's widow, Chatitze Molla Sali, appealed to the European court in 2014, having lost three quarters of her inheritance. She argued she had been discriminated against on religious grounds as, had her husband not been Muslim, she would have inherited his entire estate under Greek law. The European court agreed. It has not yet issued a decision on what, if any, penalty it will apply to Greece. "Greece was the only country in Europe which, up until the material time, had applied Sharia law to a section of its citizens against their wishes," the court said in its ruling. "That was particularly problematic in the present case because the application of Sharia law had led to a situation that was detrimental to the individual rights of a widow who had inherited her husband's estate in accordance with the rules of civil law but who had then found herself in a legal situation which neither she nor her husband had intended." Molla Sali's husband had drawn up his will according to Greek law, and both a first instance and an appeals court initially ruled in her favor in the dispute with her sisters-in-law. But further court decisions ruled that inheritance issues within the Muslim minority had to be dealt with under Islamic religious law, and the will was deemed invalid.

Friday, December 14, 2018

Trump administration asks Supreme Court to allow asylum ban

The Trump administration is asking the Supreme Court to allow enforcement of a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Two federal courts have temporarily blocked the policy President Donald Trump announced in November in response to caravans of migrants that were approaching the border. Last week, the federal appeals court in San Francisco said the ban is inconsistent with federal law and an attempted end-run around Congress. The administration said in court papers filed Tuesday that the nationwide order preventing the policy from taking effect “is deeply flawed” and should be lifted pending an appeal that could reach the high court. Trump’s proclamation is among measures that “are designed to channel asylum seekers to ports of entry, where their claims can be processed in an orderly manner; deter unlawful and dangerous border crossings; and reduce the backlog of meritless asylum claims,” Solicitor General Noel Francisco wrote in his Supreme Court filing. Lee Gelernt, an American Civil Liberties Union lawyer representing immigrant advocacy groups challenging the asylum policy, said, “The Trump administration is asking the Supreme Court to short-circuit the normal judicial process and reinstate a blatantly unlawful policy.” Justice Elena Kagan, who handles emergency appeals from California and other western states, called for a response from opponents of the asylum policy by midday Monday. In the first court ruling on the issue, U.S. District Judge Jon Tigar said on Nov.19 that U.S. law allows immigrants to request asylum regardless of whether they entered the country legally. The president “may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” the judge said in his order. The ruling prompted Trump’s criticism of Tigar as an “Obama judge” and led to an unusual public dispute between Trump and Chief Justice John Roberts, who rebuked the president with a statement defending the judiciary’s independence.

Tuesday, December 4, 2018

Supreme Court sends bar fees case back for further look

The Supreme Court is telling a lower court to take another look at a case challenging mandatory fees lawyers pay to a state bar association. The case the justices sent back for further consideration Monday involves North Dakota attorney Arnold Fleck, who sued after learning that bar fees were being used to oppose a ballot measure he supported. Fleck says he should have to affirmatively consent to paying for the bar association's political activities instead of being able to opt out. North Dakota's fees range from $325 to $380. Lawyers who don't want to support the bar's political activities can deduct about $10. The justices say the 8th U.S. Circuit Court of Appeals should reconsider the case in light of a recent Supreme Court ruling about fees paid to unions.

Indicted US lawmaker to return to court after re-election

Indicted Republican Rep. Duncan Hunter Will is set to return to court Monday for the first time since being re-elected to a sixth term in California amid corruption charges. The congressman and his wife have pleaded not guilty to a 60-count indictment alleging they spent more than $250,000 in campaign finance funds on family trips, tequila shots and other items. A judge could set a trial date at the hearing in San Diego. Hunter, a 41-year-old Marine veteran, has said he is looking forward to the trial to defend his name. Prosecutors say the couple used campaign money to go on $11,000 shopping sprees at Costco and to buy more than $400 in tequila shots. They also went to Italy and Hawaii with their children on the campaign's dime, according to the indictment. The couple tried to cover their tracks by lying on their campaign reports to the Federal Election Commission, prosecutors say.

Dutch court rejects man’s request to be 20 years younger

Dutch motivational speaker Emile Ratelband may feel like a 49-year-old but according to Dutch law he is still 69. A Dutch court on Monday rejected Ratelband’s request to shave 20 years off his age in a case that drew worldwide attention. “Mr. Ratelband is at liberty to feel 20 years younger than his real age and to act accordingly,” Arnhem court said in a press statement . “But amending his date of birth would cause 20 years of records to vanish from the register of births, deaths, marriages and registered partnerships. This would have a variety of undesirable legal and societal implications.” Ratelband went to court last month, arguing that he didn’t feel 69 and saying his request was consistent with other forms of personal transformation which are gaining acceptance in the Netherlands and around the world, such as the ability to change one’s name or gender. The court rejected that argument, saying that unlike in the case of a name or gender, Dutch law assigns rights and obligations based on age “such as the right to vote and the duty to attend school. If Mr. Ratelband’s request was allowed, those age requirements would become meaningless.” Ratelband, perhaps unsurprisingly given his background as self-described advocate of positive thinking, was undeterred by the court’s rejection and vowed to appeal. “This is great!” he said. “The rejection of (the) court is great ... because they give all kinds of angles where we can connect when we go in appeal.” He said he was the first of “thousands of people who want to change their age.” The court said it acknowledged “a trend in society for people to feel fit and healthy for longer, but did not regard that as a valid argument for amending a person’s date of birth.” Ratelband also insisted his case did have parallels with requests for name and gender changes.

Supreme Court sends bar fees case back for further look

The Supreme Court is telling a lower court to take another look at a case challenging mandatory fees lawyers pay to a state bar association. The case the justices sent back for further consideration Monday involves North Dakota attorney Arnold Fleck, who sued after learning that bar fees were being used to oppose a ballot measure he supported. Fleck says he should have to affirmatively consent to paying for the bar association's political activities instead of being able to opt out. North Dakota's fees range from $325 to $380. Lawyers who don't want to support the bar's political activities can deduct about $10. The justices say the 8th U.S. Circuit Court of Appeals should reconsider the case in light of a recent Supreme Court ruling about fees paid to unions.

Saturday, November 24, 2018

No holiday respite for Trump's criticism of nation's courts

President Donald Trump and Supreme Court Chief Justice John Roberts are engaging in an extraordinary public dispute over the independence of America's judiciary, with Roberts bluntly rebuking the president for denouncing a judge who rejected Trump's migrant asylum policy as an "Obama judge." Trump, still seething over that Monday ruling, began his Thanksgiving Day by asserting that the courts should defer to his administration and law enforcement on border security because judges "know nothing about it and are making our Country unsafe." And taking aim at a co-equal branch of government, Trump said "Roberts can say what he wants" but the largest of the federal appellate courts, based in San Francisco and with a majority of judges appointed by Democratic presidents, "is a complete & total disaster." That's where an appeal of the asylum ruling would normally go. Roberts had issued a strongly worded statement Wednesday defending judicial independence and contradicting Trump over his claim that judges are partisans allied with the party of the president who nominated them. Never silent for long, Trump responded with a "Sorry Justice Roberts" tweet. The dustup is the first time that Roberts, the Republican-appointed leader of the federal judiciary, has offered even a hint of criticism of Trump, who has several times gone after federal judges who have ruled against him.

Russian court challenges International Olympic Committee

Court ruled Wednesday that bobsledder Alexander Zubkov, who carried the Russian flag at the opening ceremony of the 2014 Sochi Games, should still be considered an Olympic champion despite having been stripped of his medals because of doping. A CAS ruling upholding his disqualification is not enforceable in Russia, the court said. CAS, however, is the only valid arbiter for sports disputes at the games, according to the Olympic Charter. In rare instances, Switzerland's supreme court can weigh in on matters of procedure. "The CAS decision in this case is enforceable since there was no appeal filed with the Swiss Federal Tribunal within the period stipulated," the IOC told The Associated Press in an email on Thursday. "The IOC will soon request the medals to be returned." The law firm representing Zubkov said the Moscow court found the CAS ruling violated Zubkov's "constitutional rights" by placing too much of a burden on him to disprove the allegations against him. Zubkov won the two-man and four-man bobsled events at the Sochi Olympics but he was disqualified by the IOC last year. The verdict was later upheld by CAS. Zubkov and his teams remain disqualified in official Olympic results, but the Moscow ruling could make it harder for the IOC to get his medals back. "The decision issued by the Moscow court does not affect in any way the CAS award rendered ... an award which has never been challenged before the proper authority," CAS secretary general Matthieu Reeb told the AP. "The fact that the CAS award is considered as 'not applicable in Russia' by the Moscow court may have local consequences but does not constitute a threat for the CAS jurisdiction globally." The IOC's case against Zubkov was based on testimony from Moscow and Sochi anti-doping laboratory director Grigory Rodchenkov, who said he swapped clean samples for ones from doped athletes, and forensic evidence that the allegedly fake sample stored in Zubkov's name contained more salt than could be possible in urine from a healthy human. Zubkov, who says he never doped, retired after the Sochi Olympics and has since become president of the Russian Bobsled Federation. The International Bobsled and Skeleton Federation didn't respond to a request to comment.

Saturday, November 10, 2018

Imelda Marcos convicted of graft, court orders her arrest

A Philippine court found former first lady Imelda Marcos guilty of graft and ordered her arrest Friday in a rare conviction among many corruption cases that she's likely to appeal to avoid jail and losing her seat in Congress. The special anti-graft Sandiganbayan court sentenced Marcos, 89, to serve 6 to 11 years in prison for each of the seven counts of violating an anti-corruption law when she illegally funneled about $200 million to Swiss foundations in the 1970s. Neither Marcos nor anyone representing her attended Friday's court hearing and no one issued any reaction on her behalf. The court disqualified Marcos from holding public office, but she can remain a member of the powerful House of Representatives while appealing the decision. Imelda Marcos's husband, former President Ferdinand Marcos, was ousted by an army-backed "people power" revolt in 1986. He died in 1989.

Trump moves to limit asylum; new rules challenged in court

President Donald Trump issued a proclamation Friday to deny asylum to migrants who enter the country illegally, tightening the border as caravans of Central Americans slowly approach the United States. The plan was immediately challenged in court. Trump invoked the same powers he used last year to impose a travel ban that was upheld by the Supreme Court. The new regulations are intended to circumvent laws stating that anyone is eligible for asylum no matter how he or she enters the country. About 70,000 people per year who enter the country illegally claim asylum, officials said. “We need people in our country, but they have to come in legally,” Trump said Friday as he departed for Paris. The American Civil Liberties Union and other legal groups swiftly sued in federal court in Northern California to block the regulations, arguing the measures were illegal. “The president is simply trying to run roughshod over Congress’s decision to provide asylum to those in danger regardless of the manner of one’s entry,” said ACLU attorney Lee Gelernt. The litigation also seeks to put the new rules on hold while the case progresses. The regulations go into effect Saturday. They would be in place for at least three months but could be extended, and don’t affect people already in the country. The Justice Department said in a statement the regulations were lawful. Trump’s announcement was the latest push to enforce a hard-line stance on immigration through regulatory changes and presidential orders, bypassing Congress, which has not passed any immigration law reform. But those efforts have been largely thwarted by legal challenges and, in the case of family separations this year, stymied by a global outcry that prompted Trump to retreat.

Wednesday, October 31, 2018

Trump visit stirs debate; massacre defendant in court

The man charged in the Pittsburgh synagogue massacre was brought into court in a wheelchair Monday, as some members of the Jewish community and others objected to President Donald Trump’s plans to visit, accusing him of contributing to a toxic political climate in the U.S. that might have led to the bloodshed. With the first funerals set for Tuesday, the White House announced that Trump and first lady Melania Trump will visit the same day to “express the support of the American people and to grieve with the Pittsburgh community” over the 11 congregants killed Saturday in the deadliest attack on Jews in U.S. history. Some Pittsburghers urged Trump to stay away. “His language has encouraged hatred and fear of immigrants, which is part of the reason why these people were killed,” said Marianne Novy, 73, a retired college English professor who lives in the city’s Squirrel Hill section, the historic Jewish neighborhood where the attack at the Tree of Life synagogue took place. Meanwhile, the alleged gunman, 46-year-old truck driver Robert Gregory Bowers, was released from the hospital where he was treated for wounds suffered in a gun battle with police. Hours later he was wheeled into a downtown federal courtroom in handcuffs to face charges. A judge ordered him held without bail for a preliminary hearing on Thursday, when prosecutors will outline their case. He did not enter a plea. During the brief proceeding, Bowers talked with two court-appointed lawyers and said little more than “Yes” in a soft voice a few times in response to routine questions from the judge. Courtroom deputies freed one of his cuffed hands so he could sign paperwork.

Saturday, October 20, 2018

Court orders some fixes in Texas foster care

A federal appeals court says Texas must make improvements to abuse investigations within its foster care system and make sure workers have manageable caseloads, but the court also struck down dozens of other measures ordered by a judge. The 5th U.S. Circuit Court of Appeals issued the ruling Thursday in a years-long case focused on children in the state’s long-term care. U.S. District Judge Janis Graham Jack had ordered sweeping changes earlier this year. Jack’s order followed a December 2015 opinion in which she ruled the system unconstitutionally broken and said children labeled permanent wards of the state “almost uniformly leave state custody more damaged than when they entered.” The appeals court judges said they understood Jack’s frustration with the state failing to fix problems and agreed that “remedial action is appropriate.” But the judges said her order went “well beyond” what’s necessary for constitutional compliance. So while the appeals court said Texas was “deliberately indifferent” to the risk of harm posed by high caseloads and ordered the Texas Department of Family and Protective Services to come up with guidelines for manageable caseloads, the judges nixed Jack’s instruction for all sexualized children — either aggressor or victim — to be placed in a single-child home.

Arkansas Supreme Court disqualifies term limits proposal

The Arkansas Supreme Court on Friday ordered election officials to not count votes cast for a ballot measure that would have imposed the strictest term limits in the country on state legislators. In a 4-3 ruling disqualifying the proposed initiative, the court said that thousands of signatures submitted by supporters were invalid and should not have been counted. The court did not rule on part of the lawsuit challenging the wording of the proposed amendment. The court agreed with a special judge it had appointed to review the petitions who said thousands of signatures should be tossed out for not complying with requirements for paid signature-gatherers. "Not only did Issue 3's supporters fail to properly collect the signatures required by law, but the measure would have stuck Arkansans with the most restrictive term limits in our country - a step in the wrong direction," Randy Zook, president of the state Chamber of Commerce and the head of the campaign against the measure, said. An attorney for Term Limits Arkansas, the group backing the measure, said the court relied on "hyper technical paperwork violations" to invalidate the signatures.

Wednesday, October 3, 2018

Supreme Court won't hear case over California beach access

The Supreme Court on Monday refused to hear an appeal from a California billionaire who doesn't want to open a road on his property so that the public can access a beach. The justices said that they will not take up Vinod Khosla's appeal of a California appeals court decision. The case had the potential to upend California's longstanding efforts to keep beaches open to the public. Khosla bought the property in the San Francisco Bay Area for $32.5 million in 2008 and later blocked the public from accessing it. That prompted a lawsuit by the nonprofit Surfrider Foundation. A state appeals court ruled last year that Khosla needed to apply for a coastal development permit before denying public access. Khosla - a venture capitalist who co-founded the Silicon Valley technology company, Sun Microsystems - closed a gate, put up a no-access sign and painted over a billboard at the entrance to the property that had advertised access to the beach, according to the appellate ruling. The secluded beach south of Half Moon Bay, about 35 miles (56 kilometers) south of San Francisco, is only accessible by a road that goes over Khosla's land.

Trials adding up for West Virginia Supreme Court justices

The federal trial of the ousted chief justice of the West Virginia Supreme Court is starting a day after a colleague's impeachment trial began in the state Senate. Jury selection is set to get under way Tuesday in U.S. District Court in Charleston for Allen Loughry who also has a Senate impeachment trial scheduled in November. Loughry is accused in the 25-count federal indictment of repeatedly lying about using his office for personal gain, making personal use of a state vehicle and credit card, and trying to influence an employee's testimony and a federal grand jury investigation. The indictment accuses him of "creating a false narrative" about an antique desk and leather couch that he had transferred from the Supreme Court offices to his home, and that he repeated the false narrative to an FBI special agent during a March interview. The House of Delegates in August impeached him and justices Beth Walker, Margaret Workman and Robin Davis. Walker's impeachment trial started Monday and resumes Tuesday. West Virginia's courts are an independent branch of government, and Loughry, in consultation with the other justices, had constitutional autonomy in deciding how the system spends a $139 million annual budget. The justices are accused of abusing this authority by failing to rein in excessive spending on lavish office renovations, business lunches and the personal use of state cars. The cases also raised questions about corruption, incompetence and neglect of duty earlier this decade.

High court denies review of Grand Canyon-area mining ban

The U.S. Supreme Court won't review an Obama-era action that put land around the Grand Canyon off-limits to new mining claims, ending the legal battle as environmentalists keep a close eye on actions by the Trump administration that they fear could lead to more access for the mining industry. The Obama administration put about 1,562 square miles (4,045 square kilometers) outside the boundaries of the national park off-limits to new hard rock mining claims until 2032. The 20-year ban was meant to slow a flurry of mining claims over concern that the Colorado River — a major water source serving 30 million people — could become contaminated and to allow for scientific studies. The mining industry asked the Supreme Court in March to review the ban, saying it was based on an unconstitutional provision of federal law. The high court on Monday declined the request, leaving the ban in place. "Clearly, we're disappointed," said Ashley Burke, a spokeswoman for the National Mining Association. "There continues to be great risk to our domestic supply chain thanks to unwarranted withdrawals like this." Burke said the association will continue advocating for land access. The American Exploration and Mining Association also challenged the ban. Environmentalists hailed the court's decision but are worried the ban could be undone administratively.

Wednesday, September 19, 2018

Egypt court returns ex-president Mubarak's 2 sons to prison

Acting on a judge's order, Egyptian police detained the sons of former president Hosni Mubarak on Saturday along with three others in connection with insider trading charges for which the five are on trial, security officials said. They said the arrests were ordered by judge Ahmed Aboul-Fetouh before he adjourned the case's hearings until Oct. 20. The Mubarak sons - wealthy businessman Alaa and Mubarak's one-time heir apparent Gamal - were taken to a prison south of Cairo after the hearing, according to the officials, speaking on condition of anonymity because they were not authorized to brief media. The detention of the two brothers came as something of a surprise given that the trial has been proceeding without incident. It was not immediately clear if their detention has anything to do with a recent warning to Gamal Mubarak by a newspaper editor close to the government to abandon any political ambitions. The two sons and their father were sentenced to three years in prison following their conviction of embezzling funds set aside for the restoration and maintenance of presidential palaces, using the money to upgrade their private residences. The sons were released in 2015 for time served, while Mubarak walked free last year. The trio paid back to the state the money they embezzled. The three were first detained in April 2011, two months after a popular uprising forced Mubarak to step down after nearly 30 years in power. After a long trial, Mubarak was acquitted of killing protesters during the 18-day uprising against his autocratic rule. The ongoing insider trading trial centers on the buying by the two brothers of a large number of shares in a local Egyptian bank that they allegedly knew was to become the target of a takeover by an Arab Gulf investor, a move that was virtually certain to dramatically drive up share prices.

States urge Supreme Court to hear Kennedy cousin case

Eleven states are asking the U.S. Supreme Court to hear Connecticut's appeal in the murder case of Kennedy cousin Michael Skakel and reinstate his conviction. The states filed a friend-of-the-court brief on Monday, saying a ruling in Connecticut's favor is needed to thwart excessive appeals that focused on mistakes made by defense lawyers. The court has not yet decided whether to hear Connecticut's appeal. Skakel, a nephew of Robert F. Kennedy's widow, Ethel Kennedy, cited his trial lawyer's failure to contact an alibi witness in his successful appeal to the Connecticut Supreme Court. The state court in 2016 upheld Skakel's 2002 murder conviction in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were teenagers. But the court reversed that ruling in May and vacated the conviction, after a justice in the 4-3 majority retired and a new justice sided with Skakel - a move that has also drawn scrutiny. Connecticut prosecutors argue the state high court did not properly weigh the overall performance of Skakel's defense, which they described as vigorous. They say the U.S. Supreme Court needs to correct a misperception by other state and federal courts that any mistake by defense counsel demonstrates incompetence and warrants a new trial. The friend-of-the-court brief, filed by Utah Attorney General Sean Reyes' office, said allowing the nitpicking of defense lawyer performance produces a variety of problems, including flooding the courts with appeals as a result of lower legal standards and making it harder for defendants to find lawyers willing to undergo such scrutiny.

Chicago, surfer group oppose US Steel settlement in court

The city of Chicago and a surfing organization have told a judge that a proposed federal settlement over U.S. Steel's repeated chemical spills into Lake Michigan is inadequate. The Chicago Law Department and the Surfrider Foundation urged the federal judge Thursday to impose tougher penalties on the steelmaker for last year's hexavalent chromium discharges from its Midwest Plant in Portage, Indiana, into the region's primary source of drinking water, the Chicago Tribune reported. The nearly $900,000 in fines and penalties proposed by the federal government fall short when compared with the ecological damage caused by the carcinogenic discharges, according to court documents filed by the city of Chicago and the nonprofit foundation. The settlement also requires the steelmaker to test for hexavalent chromium daily, create a preventative maintenance program and upgrade all pollution monitoring. "The government's inadequate oversight ... demonstrates the need for Surfrider to remain vigilant," said Mark Templeton, the group's attorney. The University of Chicago's Abrams Environmental Law Clinic discovered last year that the manufacturing and finishing plant had violated chromium limits in its federal water pollution permit at least four times since 2013. The plant's chromium discharges are limited to 30 pounds a day, while hexavalent chromium is limited to about half a pound a day.

Saturday, September 8, 2018

India decriminalizes homosexual acts in landmark verdict

India's Supreme Court on Thursday struck down a colonial-era law that made gay sex punishable by up to 10 years in prison, a landmark victory for gay rights that one judge said would "pave the way for a better future." The 1861 law, a relic of Victorian England that hung on long after the end of British colonialism, was a weapon used to discriminate against India's gay community, the judges ruled in a unanimous decision. "Constitutional morality cannot be martyred at the altar of social morality," Chief Justice Dipak Misra said, reading the verdict. "Social morality cannot be used to violate the fundamental rights of even a single individual." As the news spread, the streets outside the courthouse erupted in cheers as opponents of the law danced and waved flags. "We feel as equal citizens now," said activist Shashi Bhushan. "What happens in our bedroom is left to us." In its ruling, the court said sexual orientation was a "biological phenomenon" and that discrimination on that basis violated fundamental rights. "We cannot change history but can pave a way for a better future," said Justice D.Y. Chandrachud. The law known as Section 377 held that intercourse between members of the same sex was against the order of nature. The five petitioners who challenged the law said it was discriminatory and led to gays living in fear of harassment and persecution. Jessica Stern, the executive director of the New York-based rights group OutRight Action International, said the original law had reverberated far beyond India, including in countries where gay people still struggle for acceptance. "The sodomy law that became the model everywhere, from Uganda to Singapore to the U.K. itself, premiered in India, becoming the confusing and dehumanizing standard replicated around the world," she said in a statement, saying "today's historic outcome will reverberate across India and the world." The court's ruling struck down the law's sections on consensual gay sex, but let stand segments that deal with such issues as bestiality.

Trump taking Supreme Court fight to Montana, North Dakota

President Donald Trump is taking the Washington debate over his Supreme Court nominee to the homes of two red-state Senate Democrats this week, elevating Judge Brett Kavanaugh's confirmation as a political litmus test for voters. Trump's strategy aims to turn the screws on the lawmakers, Jon Tester of Montana and Heidi Heitkamp of North Dakota, who find themselves caught between Senate leaders and progressive donors who are fighting Kavanaugh's confirmation, and their states' more conservative electorate, which is more broadly supportive of Trump's pick. Neither senator has laid down a clear marker on how he or she will vote on Kavanaugh's confirmation, which Senate Republican leaders hope to bring to a vote before the full chamber later this month — just weeks before the general election. Trump is holding a rally in Billings, Montana, on Thursday night, and then attending fundraisers in Fargo, North Dakota, and Sioux Falls, South Dakota, on Friday. White House officials contend the Supreme Court was a powerful motivator for Republican base voters in 2016, when Trump won the White House, and they're seeking to capitalize on Kavanaugh's confirmation to help overcome an enthusiasm gap with Democrats. Likewise, a vote for Kavanaugh by either Tester or Heitkamp could frustrate their Democratic base eager for a more confrontational approach to the Trump administration. "It's a real pickle," said GOP strategist Josh Holmes. "There is no question that all of these red-state Democrats would prefer to have an extremely quiet experience when it comes to the consideration of Kavanaugh," he said. "They don't want to upset leadership and the liberal base that's funding their campaigns, but the voters who control their fate are overwhelmingly in favor of Kavanaugh." Democrats question whether the Kavanaugh vote will resonate in the race to unseat Tester, the Big Sandy farmer who has emphasized his independence and willingness to cross the partisan aisle to work with the president, who carried Montana by 20 percentage points two years ago. "It's not like you're standing in the grocery store line and people are talking about the Kavanaugh confirmation. It's pretty inside baseball for folks," said Barrett Kaiser, a Montana-based Democratic strategist who advised former Sen. Max Baucus, D-Mont. Kaiser said Tester had demonstrated a "proven bipartisan record of working with this administration when it helps Montana and oppose them when it doesn't." Republicans last year assailed Tester for his vote against the confirmation of Neil Gorsuch, Trump's nominee to replace the late Justice Antonin Scalia. Tester said Gorsuch would "stand between women and her health care" and not protect personal privacy.

Wednesday, August 29, 2018

Austrian court's approval for spy agency raid was illegal

Judges in Austria say a lower court's authorization for police to raid the offices of the country's domestic intelligence agency was illegal. The regional court in Vienna said Tuesday that the search of the BVT spy agency on Feb. 28 wasn't justified because the necessary information could have been obtained if police had simply asked for it. It also ruled that the search of three BVT employees' homes wasn't warranted, though a fourth was. The raid, which was part of a probe into alleged misconduct by BVT staff, sparked a political storm earlier this year. Opposition parties accused the government of attempting to purge political enemies. The Vienna court ruling didn't rule on whether evidence seized in the raid should be destroyed.

Indian Supreme Court orders house arrest for activists

India's top court ordered Wednesday that five prominent rights activists arrested for alleged Maoist links be kept under house arrest instead of police custody until it rules next week on a petition challenging their detention. Police, meanwhile, broke up a protest in southern India against the arrests and detained about two dozen people. Attorney Prashant Bhushan said the court order will prevent police from taking the five to the western city of Pune, where authorities are investigating their alleged links to Maoist rebels in various parts of the country. The Supreme Court also ordered the federal and state governments to provide detailed reasons for their arrests within three days. It set Sept. 6 for the next hearing in the case. Those arrested on Tuesday were Telugu-language poet Varavara Rao in Hyderabad, Vernon Gonzalves and Arun Farreira in Mumbai, and Gautam Navalakha and Sudha Bhardwaj in New Delhi and a neighbouring town. Police accused the five of delivering speeches that triggered protests and violence between low-caste Dalits and right-wing groups near Pune in December. The government says Maoist rebels, who are active in several states, are India's biggest internal security threat. The rebels, inspired by Chinese revolutionary leader Mao Zedong, have been fighting the government for more than four decades, demanding land and jobs for the poor and indigenous communities.

Sunday, August 19, 2018

California high court rules for immigrant kids in visa fight

The California Supreme Court on Thursday made it easier for some immigrant children who are abused or abandoned by a parent to seek a U.S. visa to avoid deportation in a ruling that advocates said would help thousands of children. State judges cannot require that children drag an absentee parent living abroad into court in their visa application process, the justices said in a unanimous decision. Immigration rights advocates had warned that such a requirement would make it nearly impossible for the children to fight deportation. That's because courts in California cannot establish authority over a foreign citizen and the parent may want nothing to do with a child claiming abuse, and would refuse to participate in a court proceeding in the U.S., immigration groups said. The ruling overturned a lower court decision. The California Supreme Court said it was sufficient to adequately notify the absent parent of the court proceedings, but that parent did not have to be a party to the case. California Attorney General Xavier Becerra said in court documents that the case had implications for a "substantial portion" of the thousands of children who have fled to the U.S. from Central America and Mexico and settled in California. Kristen Jackson, an attorney for the plaintiff in the case, estimated the ruling would affect thousands of children.

Lawyers will seek to shift blame for warehouse fire at trial

Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's owner and government officials. Derick Almena, 48, and Max Harris, 28, on Friday appeared briefly in an Oakland courtroom for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial. Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense. Serra also said numerous government officials visited the illegally converted warehouse before the fire, and they had a duty to report the building's condition to authorities. Almena lived in the warehouse with his wife and three children and were visited by Alameda County's Child Protective Services officials several times. Oakland police officers were also called to the warehouse on several occasions to investigate noise complaints and tenant disputes, among other issues.

Alabama Supreme Court won't move lawsuit against Moore

The Alabama Supreme Court on Friday refused to transfer a defamation lawsuit against former U.S. Senate candidate Roy Moore by a woman who says Moore molested her decades ago. The court denied Moore's request to have the case heard in Etowah County instead of Montgomery. Moore issued a statement calling the decision "ridiculous." Leigh Corfman accused Moore of sexually molesting her decades ago when she was 14 and he was a prosecutor in his 30s. Moore has denied the allegations, but they became an issue in the 2017 race in Alabama to replace Attorney General Jeff Sessions in the U.S. Senate. Moore lost to Democrat Doug Jones. Corfman in January filed a lawsuit against Moore and his campaign, saying they defamed her and made false statements, calling her a liar and immoral as they denied the claims in the midst of the election. Moore sought to have the case heard in Etowah County where he and Corfman both live. "The Court itself admits venue is proper in either county. Should not the case be tried in the county where we both live and where her reputation and character are well known?" Moore said. Etowah County has also been friendlier territory for Moore. During the U.S. Senate race, Moore won about 60 percent of the vote in Etowah County, while he garnered just 27 percent of in Montgomery. Several Supreme Court justices recused from the case involving Moore, who is a former chief justice of the court. Five retired judges were randomly selected to hear the case along with Associate Justice Brady Mendheim, Jr., and Associate Justice Will Sellers.

Monday, August 13, 2018

Nevada Supreme Court taking up execution case

The Nevada Supreme Court has stepped in to decide whether drug companies can try to stop the state from using their medications in a twice-postponed lethal injection of a condemned inmate who wants to die. A state court judge in Las Vegas cancelled hearings Thursday following an order late Wednesday from six of the high court's seven justices. Supreme Court intervention had been sought by the state attorney general's office regarding the execution of Scott Raymond Dozier. The judge had planned to hear drugmaker Sandoz's request to join a bid by Alvogen and Hikma Pharmaceuticals to prevent Nevada from using their products in a three-drug combination never before tried in any state. A Nevada death-row inmate whose execution has been postponed twice says the legal fight over his fate is taking a tortuous toll on him and his family and he wants his sentence carried out. Scott Raymond Dozier told The Associated Press that the state should, in his words, "just get it done, just do it effectively and stop fighting about it." Dozier's comments in a brief prison telephone call on Wednesday came a day before a third drug company is due to ask a state court judge in Las Vegas to let it join with two other firms suing to block the use of their products in executions. The companies say they publicly declared they didn't want their products used in executions and allege that Nevada improperly obtained their drugs.

N Carolina Supreme Court race lawsuit returning to court

A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court. A judge scheduled a Wake County hearing Monday to consider requests by candidate Chris Anglin and a lower-court candidate also fighting the law finalized by GOP legislators earlier this month. The law says a judicial candidate's party affiliation won't be listed next to the candidate's name if it was changed less than 90 days before filing for a race. Anglin says the law targets him — he was a registered Democrat three weeks before entering the race as a Republican. Republicans accuse Anglin of trying to split the GOP vote with incumbent Justice Barbara Jackson to help Democratic opponent Anita Earls win. A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court. A judge scheduled a Wake County hearing Monday to consider requests by candidate Chris Anglin and a lower-court candidate also fighting the law finalized by GOP legislators earlier this month. The law says a judicial candidate's party affiliation won't be listed next to the candidate's name if it was changed less than 90 days before filing for a race. Anglin says the law targets him — he was a registered Democrat three weeks before entering the race as a Republican. Republicans accuse Anglin of trying to split the GOP vote with incumbent Justice Barbara Jackson to help Democratic opponent Anita Earls win.

Zimbabwe's opposition challenges election results in court

Zimbabwe's main opposition party on Friday filed a legal challenge to the results of the country's first election without Robert Mugabe on the ballot, alleging "gross mathematical errors" and calling for a fresh vote or a declaration that their candidate Nelson Chamisa was the winner. The filing brings more uncertainty to a country that had hoped the peaceful vote would begin a new era but has been rocked since then by scenes of military in the streets and opposition supporters harassed and beaten. The court now has 14 days to rule, and Justice Minister Ziyambi Ziyambi said the inauguration, once planned for Sunday for President Emmerson Mnangagwa, is "on hold' until then. Zimbabwe's main opposition party on Friday filed a legal challenge to the results of the country's first election without Robert Mugabe on the ballot, alleging "gross mathematical errors" and calling for a fresh vote or a declaration that their candidate Nelson Chamisa was the winner. The filing brings more uncertainty to a country that had hoped the peaceful vote would begin a new era but has been rocked since then by scenes of military in the streets and opposition supporters harassed and beaten. The court now has 14 days to rule, and Justice Minister Ziyambi Ziyambi said the inauguration, once planned for Sunday for President Emmerson Mnangagwa, is "on hold' until then.

Wednesday, July 25, 2018

12 audio files sent to prosecutors in Michael Cohen probe

A dozen audio recordings seized by the FBI from President Donald Trump's former lawyer, Michael Cohen, were forwarded to federal prosecutors after lawyers dropped challenges on attorney-client privilege grounds, a former judge revealed Monday. The recordings were among millions of files taken from Cohen in April as part of a criminal probe of his business practices. Barbara Jones, a court-appointed lawyer and former Manhattan federal judge helping to decide which of the seized files are protected by privilege, said in a court filing that prosecutors received the recordings on Friday after attorneys for Trump, Cohen and the Trump Organization dropped privilege claims. The same day, Trump attorney Rudy Giuliani said Cohen had recorded a conversation in which the president had discussed a potential payment to squash the story of a former Playboy model who said she had an affair with Trump. Giuliani said the brief recording shows Trump did nothing wrong. "The transaction that Michael is talking about on the tape never took place, but what's important is: If it did take place, the president said it has to be done correctly and it has to be done by check" to keep a proper record of it, Giuliani said. In a weekend tweet, Trump called Cohen's practice of recording conversations "totally unheard of & perhaps illegal." Attorney Lanny Davis, speaking on Cohen's behalf, has said what is on the tape will not harm Cohen. Jones has been providing periodic updates on the privilege review of over four million items, mostly electronic, that were found on numerous computer storage devices and cellular phones seized from Cohen.

Top court: Social media posts violate no-contact order

Social media posts can represent a violation of a protection order, the state's highest court ruled on Tuesday, affirming the conviction of a man who made threats on Facebook. The Maine Supreme Judicial Court rejected Richard Heffron III's arguments that his Facebook comments were a protected form of speech, that the posts didn't constitute direct or indirect contact, and that he wasn't told that his posts represented a violation. In its ruling, the court concluded Heffron's social media comments violated the court-approved no-contact order and were outside the realm of constitutional protections. "The court correctly determined that Heffron's communications with the protected person fell short of those that deserve constitutional protection," Justice Jeffrey Hjelm wrote, noting that the conviction "did not place his First Amendment rights at risk." Heffron and the woman with whom he'd had a relationship were no longer Facebook friends but still had friends in common. In the posts, Heffron referred to the woman by name and threatened to harm her. A friend brought the comments to the woman's attention. James Mason, Heffron's attorney, said courts in other states have reached different conclusions but that the facts didn't perfectly align with the Maine case. "Obviously I'm disappointed," Mason said. "I think that there was no evidence that he ever intended to have these comments reach her." After being convicted, Heffron was ordered to serve 21 days in jail, which was the length of time he was jailed before posting bail. He also was sentenced to a year of probation. Mason said the ruling served as a cautionary tale. "It lets people know that they do need to be careful about what they post on the internet," he said. "It makes it clear that you have limited First Amendment protections on the internet, especially on Facebook."

Court: Release surveillance video in Florida school shooting

An appeals court says news organizations are entitled to obtain surveillance video showing the law enforcement response to the Valentine's Day mass shooting at a Florida high school. The 4th District Court of Appeal on Wednesday upheld a lower court's ruling that the video is public record that must be disclosed. News organizations including The Associated Press are seeking the video to better understand the actions of law enforcement and first responders during the shooting that killed 17 people at Marjory Stoneman Douglas High School. Authorities say the school had 70 operating video cameras that day. The media organizations are not seeking any footage depicting the massacre or any victims. Broward County prosecutors and its school board opposed the video release. Nineteen-year-old Nikolas Cruz faces murder charges in the shooting.

Monday, June 25, 2018

Man charged in bike path killings speaks in court of 'Allah'

The man charged with murdering eight people on a New York City bike path and injuring many more spoke out in court Friday over a prosecutor's objection, invoking "Allah" and defending the Islamic State. Sayfullo Saipov, 30, raised his hand to speak immediately after U.S. District Judge Vernon S. Broderick set an Oct. 7, 2019 date for the Uzbek immigrant's trial. Earlier, he had pleaded not guilty through his lawyer to the latest indictment in the Oct. 31 truck attack near the World Trade Center. A prosecutor said the Justice Department will decide by the end of the summer whether to seek the death penalty against Saipov, who lived in Paterson, New Jersey, before the attack. Speaking through an interpreter for about 10 minutes, Saipov said the decisions of a U.S. court were unimportant to him. He said he cared about "Allah" and the holy war being waged by the Islamic State. At the prompting of Assistant U.S. Attorney Amanda Houle, Broderick interrupted Saipov to read him his rights, including that anything he said in court could be used against him. "I understand you, but I' m not worried about that at all," Saipov said. "So the Islamic State is not fighting for land, like some say, or like some say, for oil. They have one purpose, and they're fighting to impose Sharia (Islamic law) on earth," he said. After Saipov spoke more, Assistant U.S. Attorney Andrew Beaty interrupted him to object that the judge was letting Saipov make the kind of statement publicly that special restrictions placed on him in prison would otherwise prevent, including discussing "terrorist propaganda." The judge said he believed Saipov was nearing the end of his remarks and let him finish before warning him that he was unlikely to let him speak out in court again in a similar manner. Saipov, though, would be given a chance to testify if his case proceeds to trial and, if convicted, could speak at sentencing. Saipov thanked the judge for letting him speak but added at one point: "I don't accept this as my judge." Prosecutors had been seeking an April 2019 trial date. Houle said the families of the dead and the dozens who were injured deserve a "prompt and firm trial date."

Lawsuit seeks lawyer access to immigrants in prison

A rights group filed an emergency lawsuit in federal court Friday against top officials of U.S. immigration and homeland security departments, alleging they have unconstitutionally denied lawyers' access to immigrants in a prison in Oregon. Immigration and Customs Enforcement transferred 123 immigrants in early June to the federal prison in Sheridan, Oregon, because other holding facilities have been overloaded since the Trump administration enacted a "zero tolerance" policy in April involving people entering the U.S. illegally. The American Civil Liberties Union of Oregon filed the lawsuit in Portland on behalf of the detainees, who are mostly from Mexico and Central America. The lawyers say they've been denied meaningful access to the detainees, many of whom escaped violence in their home countries and are seeking asylum in the U.S. "The U.S. Constitution protects everyone who is on U.S. soil," said Mat Dos Santos, legal director of the ACLU of Oregon. "You have fundamental rights to due process of law. You can't just throw them in prison." An interfaith group, meanwhile, announced it would be holding Sunday morning services outside the prison. The Interfaith Movement for Immigrant Justice, which is organizing the services, is based in Portland. "With Attorney General Jeffrey Sessions invoking Romans 13 to validate the immoral separation of immigrant children from their families, this can no longer be a time for 'business as usual' for Christian communities," said the Rev. Michael Ellick of First Congregational United Church of Christ in Portland. Last week, Sessions cited a Bible verse urging obedience to the laws of government "for the purpose of order." Among the people being held in the medium-security prison is Luis Javier Sanchez Gonzalez, whose family was separated at the border when they sought asylum at a port of entry, the ACLU said.

Tuesday, June 19, 2018

Supreme Court strikes down Minnesota's voter clothing law

The Supreme Court on Thursday struck down a Minnesota law that barred voters in the state from wearing a wide range of political hats, T-shirts and pins to the polls. Minnesota had defended its law as a reasonable restriction that keeps order at polling places and prevents voter intimidation. But the justices ruled 7-2 that the state's law is too broad, violating the free speech clause of the First Amendment. Chief Justice John Roberts wrote that "if a State wishes to set its polling places apart as areas free of partisan discord, it must employ a more discernible approach than the one Minnesota has offered here." Most states have laws restricting what voters can wear when they cast ballots, but Minnesota's law was one of the broadest. It barred voters from casting a ballot while wearing clothing with the name of a candidate or political party. Also not allowed: clothing that references an issue on the ballot or promotes a group with recognizable political views. A National Rifle Association T-shirt or shirt with the text of the Second Amendment wouldn't be allowed, for example, according to the lawyer who argued the case for the state. Roberts noted that Minnesota, like other states, had sought to balance a voter's ability to "engage in political discourse" with the ability to "exercise his civic duty in a setting removed from the clamor and din of electioneering." "While that choice is generally worthy of our respect, Minnesota has not supported its good intentions with a law capable of reasoned application," he wrote. It is unclear exactly how many states the ruling could affect beyond Minnesota. Both Minnesota and the group challenging the state's law had said there are about 10 states with laws like Minnesota's, though they disagreed significantly on which ones, agreeing only on Delaware, New Jersey, New York, Texas and Vermont. The case before the Supreme Court dates back to 2010 and involves a dispute that began over tea party T-shirts and buttons with the words "Please I.D. Me," a reference to legislation then under discussion in Minnesota that would have required residents to show photo identification to vote. The legislation ultimately didn't become law. Pointing to the state's statute, Minnesota officials said before the election that neither the tea party T-shirts nor those buttons would be permitted at the polls. In response, a group of voters and organizations sued.

Gamers in court for first time after Kansas 'swatting' death

Two online gamers whose alleged dispute over a $1.50 Call of Duty WWII video game bet ultimately led police to fatally shoot a Kansas man not involved in the argument will make their first appearances in court Wednesday in a case of "swatting" that has drawn national attention. Casey Viner, 18, of North College Hill, Ohio, and Shane Gaskill, 19, of Wichita, are charged with conspiracy to obstruct justice, wire fraud and other counts. Viner allegedly became upset at Gaskill while playing the popular online game. Authorities say he then asked 25-year-old Tyler Barriss of Los Angeles to "swat" Gaskill, a form of retaliation sometimes used by gamers, who call police and make a false report to send first responders to an online opponent's address. Barriss is accused of calling Wichita police from Los Angeles on Dec. 28 to report a shooting and kidnapping at a Wichita address. Authorities say Gaskill had provided the address to Viner and later to Barriss in a direct electronic message. But the location Gaskill gave was his old address and a police officer responding to the call fatally shot the new resident Andrew Finch, 28, after he opened the door. Viner's defense attorney, Jim Pratt, declined comment. The attorneys for Gaskill and Barriss did not immediately respond to an email. Viner and Gaskill have not been arrested and both were instead issued a summons to appear at Wednesday's hearing where a judge will decide whether they can remain free on bond. Both men are also likely to enter pleas, although at this stage of the proceedings the only plea a federal magistrate can accept is not guilty. Barriss and Viner face federal charges of conspiracy to make false reports. Barriss also is charged with making false reports and hoaxes, cyberstalking, making interstate threats, making interstate threats to harm by fire and wire fraud. He will not be in court Wednesday. A first court appearance on the federal charges has not been set for Barriss because the Sedgwick County district attorney is going forward first with his case on the state charges, said Jim Cross, spokesman for the U.S. attorney's office in Kansas.

Saturday, June 9, 2018

Swedish court: Ghana international to be jailed, deported

A Swedish court has sentenced a Ghana international to 32 months in prison after Kingsley Sarfo was found guilty of two cases of rape of an under-aged girl. The Malmo District Court says the 23-year old Sarfo, a midfielder with top Swedish club Malmo FF, had sexual intercourse with a 14-year-old girl in an apartment and in a public toilet. The court on Friday also ordered Sarfo to pay 150,000 kronor ($17,260) in compensation to the girl, adding he should be deported after jail and banned from returning to Sweden for a 10-year period. Safro has said his contract with Malmo FF, which he joined in 2016, would be terminated if found guilty. The club said it would comment after next week's board meeting. Supreme Court: Son can sue father over hunting accident A Minnesota man has taken a lawsuit against his father all the way to the Minnesota Supreme Court. And, dad is just fine with that. The Supreme Court this week clarified a state law on public access for hunting, clearing the way for Corey Ouradnik to sue his father, Robert Ouradnik, over a deer hunting accident. Corey Ouradnik broke both legs when he fell from a tree stand on the family's hunting land near Hinckley in 2012 when he was 29. His recovery took multiple surgeries and left Ouradnik with a six-figure medical bill. The Star Tribune reports his attorney, Matt Barber, says the lawsuit is all about recovering insurance money. He says Minnesota requires people who are injured to sue the person who injured them if they hope to recover a payment.

Woman accused of dismembering roommate appears in court

A San Francisco woman looked composed and lucid as she made her first court appearance on Friday on a murder charge accusing her of killing and dismembering her roommate, whose body parts prosecutors say were discovered in plastic bags at their home. Lisa Gonzales, 47, was in an orange jail suit with her hands cuffed behind her back during the brief appearance with her attorney. She answered a question from the judge, but she did not enter a plea. Her arraignment was continued until June 14. Police arrested Gonzales on Saturday after her 61-year-old roommate was reported missing. Police discovered the victim's severed arms and legs in a maggot-filled storage container, according to prosecutors. Gonzales told police that her roommate refused to move out, and the two of them argued on May 15, a San Francisco prosecutor said in a court filing. She told investigators she thinks she "flipped," but she didn't have a "real recollection" of what happened, Adam Maldonado said in the filing. Outside court, Gonzales' public defender, Alex Lilien, said his client was a hardworking, single mother and had taken the victim, Maggie Mamer, in after Mamer said she had been evicted by unscrupulous landlords. He said he didn't have details about his client's mental health. "She's charged with murder, and she's being portrayed as a monster in the media — and that's distressing," he said. "She's concerned about her family." Mamer had lost her home and "fallen on hard times" when Gonzales in August 2017 offered her a room, Maldonado said in the court filing. They agreed on $400 a month as rent. But after items around the home began to get misplaced or broken, Gonzales told Mamer in April to move out in 30 days or face eviction, the prosecutor said. Lilien said Friday that Gonzales did not know Mamer well when she let her move in, and that Mamer had a history of not paying rent.

Seals can keep using San Diego children's beach, court says

A California appeals court has upheld a San Diego city ordinance that closes a picturesque children's beach for nearly half the year so that seals may give birth, nurse and wean their pups. In a decision filed Thursday, the 4th District Court of Appeal reversed a lower court ruling that set aside the ordinance governing Children's Pool Beach in La Jolla, an affluent seaside community in San Diego. Thursday's ruling will allow for the beach to continue to be closed between Dec. 15 and May 15 every year. Violators face misdemeanor penalties of up to $1,000 in fines or six months in jail. The Children's Pool is an artificial cove that was used as a swimming hole for youngsters until seals began moving in during the 1990s — spurring a yearslong feud between supporters of the animals and those who want beach access. In 2014, the City Council approved closing the beach for part of the year after concluding that other efforts to protect the seals during their breeding season haven't worked. The California Coastal Commission issued a permit allowing that action. Visitors to the area often walk up to the seals, pose for selfies with them and mimic the barking noise they make. When they're disturbed, seals can abandon their pups, give birth prematurely or miscarry, or become frightened and accidentally stampede babies. They've also nipped at humans. The group Friends of the Children's Pool sued San Diego and the coastal commission, arguing that the Marine Mammal Protection Act and California Coastal Act give the federal government jurisdiction over marine mammals, not local governments. The group won a trial court ruling in the matter. The appeals court rejected the group's argument and the lower court's ruling, saying nothing in the protection act pre-empts a state's ability to regulate access to its own property.

Tuesday, April 17, 2018

Clicking 'checkout' could cost more after Supreme Court case

The Supreme Court is hearing a case this week that could affect how much customers pay for online purchases. At issue is a rule saying that businesses don't have to collect state sales taxes when those businesses ship to a state where they don't have an office, warehouse or other physical presence. Large retailers with brick-and-mortar stores have to collect sales taxes nationwide, but smaller online sellers can often avoid doing so. Large retailers say the rule puts them at a competitive disadvantage. States say they're losing out in billions of dollars in tax revenue. But small businesses that sell online say the complexity and expense of collecting taxes nationwide could drive them out of business.

Supreme Court rejects anti-abortion pastor's appeal on noise

The Supreme Court won't hear an appeal from a pastor who challenged a state law's noise limit that was used to restrict his anti-abortion protest outside a Planned Parenthood clinic in Portland, Maine. The justices offered no comment Monday in rejecting the appeal from the Rev. Andrew March. He sued after he said Portland police officers repeatedly told him to lower his voice while he was protesting outside the clinic. March says police invoked a part of the Maine Civil Rights Act that applies to noise outside health facilities. March says the law "targets pro-life advocates" in violation of the Constitution. A district judge temporarily blocked its enforcement, but the federal appeals court in Boston reversed that ruling.

Supreme Court hearing case about online sales tax collection

The Supreme Court is hearing arguments about whether a rule it announced decades ago in a case involving a catalog retailer should still apply in the age of the internet. The case on Tuesday focuses on businesses' collection of sales tax on online purchases. Right now, under the decades-old Supreme Court rule, if a business is shipping a product to a state where it doesn't have an office, warehouse or other physical presence, it doesn't have to collect the state's sales tax. Customers are generally supposed to pay the tax to the state themselves, but the vast majority don't. States say that as a result of the rule and the growth of internet shopping, they're losing billions of dollars in tax revenue every year. More than 40 states are asking the Supreme Court to abandon the rule. Large retailers such as Apple, Macy's, Target and Walmart, which have brick-and-mortar stores nationwide, generally collect sales tax from their customers who buy online. But other online sellers that only have a physical presence in a few states can sidestep charging customers sales tax when they're shipping to addresses outside those states. Sellers who defend the current rule say collecting sales tax nationwide is complex and costly, especially for small sellers. That complexity was a concern for the Supreme Court when it announced the physical presence rule in a case involving a catalog retailer in 1967, a rule it reaffirmed in 1992. But states say software has now made collecting sales tax easy. The case the court is hearing has to do with a law passed by South Dakota in 2016, a law designed to challenge the Supreme Court's physical presence rule. The law requires out-of-state sellers who do more than $100,000 of business in the state or more than 200 transactions annually with state residents to collect and turn over sales tax to the state. The state wanted out-of-state retailers to begin collecting the tax and sued Overstock.com, home goods company Wayfair and electronics retailer Newegg. The state has conceded in court, however, that it can only win by persuading the Supreme Court to do away with its current physical presence rule.

Thursday, February 1, 2018

Malaysia's top court annuls unilateral conversions of minors

Malaysia's top court in a landmark decision says both parents must consent to the religious conversion of a minor, ruling in favor of a Hindu woman whose ex-husband converted their three children to Islam.

M.Indira Gandhi became caught in a high-profile dispute after her former husband became a Muslim and converted their three children without telling her in 2009. He also snatched their daughter, then 11 months old, from the family home.

Malaysia has a dual court system, secular and religious. Gandhi challenged her children's conversions through the civil courts.

The Court of Appeal ruled that civil courts had no jurisdiction over Islamic conversions, but that decision was appealed to the nation's highest court.

The Federal Court on Monday annulled the children's conversions as they were done without Gandhi's consent.

Officials ask court to send Kennedy cousin back to prison

Connecticut officials are asking the state's highest court to revoke Kennedy cousin Michael Skakel's bail and send him back to prison, reminding justices it has been more than a year since they reinstated his murder conviction.

The chief state's attorney's office filed the request Monday with the state Supreme Court.

Skakel, a nephew of Robert F. Kennedy and his widow, Ethel Kennedy, was convicted of murder in 2002 in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were both teenagers.

He was sentenced to 20 years to life in prison. But another judge granted him a new trial in 2013, citing mistakes by his lawyer. Skakel was then freed after being allowed to post $1.2 million bail while he awaited the new trial.

Prosecutors appealed the lower court ruling to the state Supreme Court, which reinstated the conviction in December 2016 in a 4-3 ruling. Skakel's lawyers asked the high court to reconsider the decision — a request that remains pending. Skakel has been allowed to remain free on bail pending that ruling.

In Monday's petition to the Supreme Court, prosecutor James Killen wrote the court's usual practice is to rule on a request to reconsider a decision within weeks, and it's not clear why it is taking so long.

Texas executes Dallas man for killing ex-girlfriend in 1999

A Dallas man was executed Tuesday for the 1999 slaying of his ex-girlfriend while he already was on parole for killing his estranged wife.

William Rayford, 64, became the nation's second inmate put to death this year, both in Texas, when he received lethal injection for beating, stabbing and strangling 44-year-old Carol Lynn Thomas Hall. Her body was found about 300 feet (91 meters) inside a drainage pipe behind her home in South Dallas' Oak Cliff area. Hall's 11-year-old son, Benjamin, also was stabbed in the attack but survived. He testified against Rayford.

Asked by the warden at the Texas Department of Criminal Justice Huntsville Unit if he had a final statement, Rayford apologized repeatedly to his victim's four children who watched through a window a few feet from him.

"Carol didn't deserve what I done," he said. "Please try to find it in your heart to forgive me. I am sorry. It has bothered me for a long time what I have done."

He said he has made mistakes and asked God to forgive him. "If this gives you closure and makes you feel better, I have no problem with this taking place," Rayford said.

As the lethal dose of pentobarbital began taking effect, he lifted his head from the pillow on the death chamber gurney, repeated that he was sorry and then said he was "going home."

He began to snore. Within seconds, all movement stopped. He was pronounced dead at 8:48 p.m., 13 minutes after the powerful sedative was injected.

Among the four witnesses present was the victim's son who was also stabbed in the attack. He and three siblings showed no emotion as they watched Rayford die. They declined interviews afterward.