Saturday, September 8, 2018
Wisconsin court to rule on conservative professor's firing
The Wisconsin Supreme Court is set to rule on whether Marquette University was correct to fire a conservative professor who wrote a blog post criticizing a student instructor he believed shut down discussion against gay marriage.
John McAdams sued the private Catholic school in 2016, arguing that he lost his job for exercising freedom of speech.
Marquette says McAdams wasn't fired for the content of his 2014 post, but because he named the instructor and linked to her personal website that had personal identifying information. The instructor later received a flood of hateful messages and threats.
The court heard arguments in April. The ruling expected Friday has been eagerly awaited by conservatives who see universities as liberal havens and by private businesses that want control over employee discipline.
UAE offers its defense in Qatar lawsuit at UN high court
The United Arab Emirates is defending itself against a lawsuit by Qatar brought before the United Nations' highest court that accuses it of "discrimination against Qatar and Qatari citizens."
The UAE began its defense on Thursday before the International Court of Justice at The Hague, Netherlands. It's one of four Arab nations that have been boycotting Qatar since last year as part of a diplomatic dispute.
Qatar filed the lawsuit earlier this month and presented its case Wednesday. Those nations announced earlier Wednesday they are filing a separate grievance at the ICJ against Qatar.
Cases at the ICJ take months or years to complete. However, requests for provisional measures like those requested by Qatar are dealt with quicker.
Rulings by the ICJ are final and binding on those involved.
Friday, September 7, 2018
For new Supreme Court justice, a host of big issues awaits
Justice Anthony Kennedy's successor will have a chance over a likely decades-long career to tackle a host of big issues in the law and have a role in shaping the answers to them.
Most court-watchers and interest groups are focused on abortion and whether a more conservative justice may mean more restrictions on abortions get upheld or even whether the 1973 Roe v. Wade abortion decision affirming a woman's right to abortion might someday be overturned.
But Kennedy's replacement will quickly confront a host of issues, some prominent and others not. Whomever President Donald Trump chooses, the person is expected to move the court to the right. Conservative groups, seeing a court friendlier to their views, might look at the new court and think it's time to bring challenges to liberal laws currently on the books. And conservative state lawmakers may also attempt to pass legislation testing boundaries they wouldn't have while Kennedy was on the court.
The Supreme Court in the term that ended Wednesday had two cases before it dealing with whether electoral maps can give an unfair advantage to a political party. The justices ducked that question, sending cases from Wisconsin and Maryland back to lower courts for further review. Kennedy had been the justice who left the door open to court challenges to extreme partisan redistricting, but he never found a way to measure it that satisfied him. A case involving North Carolina's heavily Republican congressional districting map now in a lower court could provide an opportunity for the justices to revisit the issue as soon as next term.
Another unresolved issue recently before the court is whether a business can cite religious objections in order to refuse service to gay and lesbian people. The court could have tackled that issue in a case argued this term about a Colorado baker who wouldn't make a wedding cake for a same-sex couple. Instead, the justices found that a member of the Colorado commission that looked at the case displayed an anti-religious bias against the baker but left for another day the broader question.
The justices could have added another case on the issue to the list of cases they'll begin hearing arguments in this fall, a case that involved a flower shop owner who cited her religious beliefs in declining to provide flowers for a same-sex wedding. For now they've sent that case back to a lower court. That same case or another one like it could quickly be in front of the court again.
Friday, August 10, 2018
Cour: S.Korea must allow alternative for military objectors
South Korea's Constitutional Court ruled Thursday that the country must allow alternative social service for people who conscientiously object to military service, which is currently mandatory for able-bodied males.
The ruling requires the government to introduce alternative service by the end of 2019. It was hailed by activists as a breakthrough that advances individual rights and freedom of thought.
It is also likely to trigger a heated debate in a country which maintains a huge military to counter North Korea threats, and where many have accused conscientious objectors of attempting to evade the draft.
Hundreds of conscientious objectors are imprisoned in South Korea each year, serving terms of 18 months or longer. Most are Jehovah's Witnesses who refuse to serve in the military on religious grounds.
"Too many people have been forced to choose between prison and the military, and when they choose prison, a term of 1 1/2 years has been almost automatic," said Lim Jae-sung, a human rights lawyer who has represented contentious objectors. "This is great news for those who are currently on trial or will conscientiously object to military service in the future as we probably won't be marching them straight to jail."
The court said the current law, which does not permit alternative service, is unconstitutional because it infringes excessively on individual rights.
The court acknowledged that conscientious objectors experience "enormous disadvantages" in addition to their prison terms, including restrictions in public sector employment, maintaining business licenses and social stigma.
Court opening puts pressure on Democrats in Trump country
The opening on the Supreme Court has created a dilemma for Democratic senators up for re-election in the states that President Donald Trump won in 2016.
The choice of whether to support the upcoming nominee could be particularly difficult for Sens. Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana and Joe Manchin of West Virginia.
Opposing Trump's Supreme Court nomination could dissolve some of the goodwill they've built up with Trump supporters.
But backing Trump's pick would bring its own political peril. That move would risk alienating Democratic donors and the party's base, potentially depressing voter turnout.
The three met with Trump on Thursday night to discuss the Supreme Court vacancy. The president already has a list of potential court nominees and is expected to make a decision quickly.
Trump has 2 or 3 more candidates to interview for court
President Donald Trump has interviewed four prospective Supreme Court justices and plans to meet with a few more as his White House aggressively mobilizes to select a replacement for retiring Justice Anthony Kennedy.
Eager to build suspense, Trump wouldn't divulge whom he's talking to in advance of his big announcement, set for July 9. But he promised that "they are outstanding people. They are really incredible people in so many different ways, academically and in every other way. I had a very, very interesting morning."
Spokeswoman Sarah Huckabee Sanders said Trump met with four people for 45 minutes each Monday and will continue meetings through the rest of the week. She said Tuesday he has "two or three more that he'll interview this week and then make a decision."
The interviews were with federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett, said a person with knowledge of the meetings who was not authorized to speak publicly about them. The Washington Post first reported the identities of the candidates Trump spoke with.
The president spent the weekend at his Bedminster golf club, consulting with advisers, including White House counsel Don McGahn, as he considers his options to fill the vacancy with a justice who has the potential to be part of precedent-shattering court decisions on abortion, health care, gay marriage and other issues.
McGahn will lead the overall selection and confirmation process, the White House said Monday, repeating the role he played in the successful confirmation of Justice Neil Gorsuch last year.
McGahn will be supported by a White House team that includes spokesman Raj Shah, taking a leave from the press office to work full time on "communications, strategy and messaging coordination with Capitol Hill allies." Justin Clark, director of the Office of Public Liaison, will oversee White House coordination with outside groups.
Trump's push came as the Senate's top Democrat tried to rally public opposition to any Supreme Court pick who would oppose abortion rights. Senate Minority Leader Chuck Schumer issued a campaign-season call to action for voters to prevent such a nominee by putting "pressure on the Senate," which confirms judicial nominees.
With Trump committed to picking from a list of 25 potential nominees that he compiled with guidance from conservatives, Schumer said any of them would be "virtually certain" to favor overturning Roe v. Wade, the 1973 case that affirmed women's right to abortion. They would also be "very likely" to back weakening President Barack Obama's 2010 law that expanded health care coverage to millions of Americans, he said.
Schumer said that while Democrats don't control the Senate — Republicans have a 51-49 edge — most senators back abortion rights. In an unusually direct appeal to voters, he said that to block "an ideological nominee," people should "tell your senators" to oppose anyone from Trump's list.
"It will not happen on its own," the New Yorker wrote in an opinion column in Monday's New York Times. "It requires the public's focus on these issues, and its pressure on the Senate."
Schumer's column appeared a day after Sen. Susan Collins, R-Maine, said she would oppose any nominee she believed would overturn Roe v. Wade. Collins, who appeared on ABC's "This Week" and CNN's "State of the Union," said she would only back a judge who would show respect for settled law such as the Roe decision, which has long been anathema to conservatives.
Thursday, June 21, 2018
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.
Subscribe to:
Posts (Atom)