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9th Circuit ends California ban on high-capacity magazines
Lawyer Blog News |
2020/08/15 16:44
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A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California’s ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution’s protection of the right to bear firearms.
“Even well-intentioned laws must pass constitutional muster,” appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.”
He noted that California passed the law “in the wake of heart-wrenching and highly publicized mass shootings,” but said that isn’t enough to justify a ban whose scope “is so sweeping that half of all magazines in America are now unlawful to own in California.”
California Attorney General Xavier Becerra’s office said it is reviewing the decision and he “remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.”
Gun owners cannot immediately rush to buy high-capacity magazines because a stay issued by the lower court judge remains in place.
But Becerra did not say if the state would seek a further delay of Friday’s ruling to prevent an immediate buying spree if the lower court judge ends that restriction. Gun groups estimated that more than a million high-capacity ammunition magazines may have legally flooded into California during a one-week window before the judge stayed his ruling three years ago.
Becerra also did not say if he would ask a larger 11-judge appellate panel to reconsider the ruling by the three judges, or if he would appeal to the U.S. Supreme Court.
Gov. Gavin Newsom, who championed the magazine ban when he was lieutenant governor, defended the law as a vital gun violence prevention measure.
“I think it was sound, I think it was right, and ... the overwhelming majority of Californians agreed when they supported a ballot initiative that we put forth,” he said Friday.
California Rifle & Pistol Association attorney Chuck Michel called Friday’s decision “a huge victory” for gun owners “and the right to choose to own a firearm to defend your family,” while a group that favors firearms restrictions called it ”dangerous” and expects it will be overturned.
The ruling has national implications because other states have similar restrictions, though it immediately applies only to Western states under the appeals court’s jurisdiction.
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Court record in Colombia reveals Uribe's mounting legal bind
Business Law Info |
2020/08/13 23:44
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The frantic voice message to an inmate in Colombia’s notorious La Picota prison came days before powerful former President Alvaro Uribe was up against a court deadline to submit witness testimony in a potentially damaging case against him.
“There’s a big man who wants to talk,” Carlos Eduardo Lopez, a tireless Uribe devotee, told the former paramilitary serving a four-decade sentence.
Juan Guillermo Monsalve asked for details. In a series of WhatsApp audios, Lopez explained that Uribe’s political allies wanted him to help their cause by submitting a video in which he backtracks from previous statements alleging the politician had ties to right-wing paramilitaries.
The Supreme Court had just opened an investigation into allegations that Uribe had engaged in witness tampering and his supporters were eager to get it closed. If Monsalve could testify that he'd been pressured by an opposition lawmaker into making false assertions against Uribe, he could help spare one of Colombia's most popular if polemical leaders a possibly ruinous legal headache.
The audios are among a trove of legally intercepted calls, covert recordings and witness testimony that make up the backbone of a monumental Supreme Court investigation into Uribe, whose house arrest order last week rocked the political establishment and divided the nation.
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Court lifts block on 4 Arkansas abortion restrictions
Lawyer Blog News |
2020/08/10 02:39
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A federal appeals court on Friday lifted a judge's ruling that has blocked four Arkansas abortion restrictions from taking effect, including a ban on a common second trimester procedure and a fetal remains law that opponents say would effectively require a partner’s consent before a woman could get an abortion.
The 8th U.S. Circuit Court of Appeals vacated the 2017 preliminary injunction issued against the restrictions. The American Civil Liberties Union and the Center for Reproductive Rights had challenged the measures, suing on behalf of Dr. Frederick Hopkins, a Little Rock abortion provider.
The appeals panel said the case needs to be reconsidered in light of a recent decision on abortion by the U.S. Supreme Court.
The laws U.S. District Judge Kristine Baker blocked include a ban on a procedure known as dilation and evacuation, which abortion rights supporters say it is the safest and most common procedure used in second-trimester abortions. The state calls it barbaric and “dismemberment abortion,” saying it can have emotional consequences for the women who undergo it.
Republican Attorney General Leslie Rutledge praised the appeals court's ruling.
“Arkansas has taken a strong stance to protect the unborn from inhumane treatment,” Rutledge said in a statement. “As Arkansas’s chief legal officer, I have always advocated for the lives of unborn children and will continue to defend our state’s legal right to protect the unborn."
The 2017 decision also blocked new restrictions on the disposal of fetal tissue collected during abortions. The plaintiffs argued that it could also block access by requiring notification of a third party, such as the woman’s parents or her sexual partner, to determine what happens to the fetal remains.
The other restrictions included one that bans abortions based solely on the fetus’ sex and another that requires physicians performing abortions for patients under 14 to take certain steps to preserve embryonic or fetal tissue and notify police where the minor resides. |
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Appeals court revives House lawsuit for McGahn's testimony
Court Feed News |
2020/08/08 02:39
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A federal appeals court in Washington on Friday revived House Democrats' lawsuit to force former White House counsel Don McGahn to appear before a congressional committee, but left other legal issues unresolved with time growing short in the current Congress.
The full U.S. Court of Appeals for the District of Columbia Circuit voted 7-2 in ruling that the House Judiciary Committee can make its claims in court, reversing the judgment of a three-judge panel that would have ended the court fight.
The matter now returns to the panel for consideration of other legal issues. The current House of Representatives session ends on Jan. 3. That time crunch means “the chances that the Committee hears McGahn’s testimony anytime soon are vanishingly slim," dissenting Judge Thomas Griffith wrote. Judge Karen LeCraft Henderson also dissented.
The Judiciary Committee first subpoenaed McGahn in April 2019 as it examined potential obstruction of justice by President Donald Trump during special counsel Robert Mueller’s Russia investigation. Trump directed McGahn not to appear and the Democratic-led panel filed a federal lawsuit to force McGahn to testify.
A trial judge ruled in November that the president’s close advisers do not have the absolute immunity from testifying to Congress that the administration claimed. Griffith and Henderson formed the majority when the appellate panel said in February that the Constitution forbids federal courts from refereeing this kind of dispute between the other two branches of government.
On Friday, the full court said the panel reached the wrong decision. Lawmakers can ask the courts “for judicial enforcement of congressional subpoenas when necessary," Judge Judith Rogers wrote. Congress needs detailed information about the executive branch for both oversight and impeachment, she wrote.
House lawmakers had sought McGahn’s testimony because he was a vital witness for Mueller, whose report detailed the president’s outrage over the investigation into Russian interference in the 2016 election and Trump’s efforts to curtail it.
In interviews with Mueller’s team, McGahn described being called at home by the president on the night of June 17, 2017, and being directed to call the Justice Department and say Mueller had conflicts of interest and should be removed. McGahn declined the command, deciding he would resign rather than carry it out, the report said. |
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Court OKs extradition of man linked to Venezuela's Maduro
Business Law Info |
2020/08/04 17:57
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A court in the West African nation of Cape Verde has approved the extradition to the United States of a Colombian businessman wanted on suspicion of money laundering on behalf of Venezuela's socialist government, his lawyers said Tuesday.
The court made the decision to extradite Alex Saab on Friday, but his legal team said in a statement it was informed about the decision only on Monday. They said they would appeal.
Saab was arrested in June when his private jet stopped to refuel in the former Portuguese colony on the way to Iran.
Saab was waiting for the court to schedule a hearing at which he could argue against extradition, according to the statement sent by the legal team, which is led by former Spanish judge Baltasar Garzon.
The legal team described the extradition order as “alarming” and accused Cape Verdean authorities of denying him his legal rights. The defense lawyers plan to appeal to Cape Verde’s Supreme Court and, if necessary, the Constitutional Court, the statement said.
U.S. officials trying to reignite their campaign to oust Maduro believe Saab holds many secrets about how Venezuelan president, his family and top aides allegedly siphoned off millions of dollars in government contracts at a time of widespread hunger in the oil-rich nation.
Venezuela’s government had protested the arrest of Saab, 48, who it said was on a “humanitarian mission” to buy food and medical supplies. Saab came onto the radar of U.S. authorities a few years ago after amassing a large number of contracts with Maduro’s government.
Federal prosecutors in Miami indicted him and a business partner last year on money laundering charges connected to an alleged bribery scheme that pocketed more than $350 million from a low-income housing project for the Venezuelan government that was never built.
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Lawsuit: Trump still blocks Twitter critics after court loss
Business Law Info |
2020/08/02 00:57
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An organization that successfully proved President Donald Trump violated the law when he blocked Twitter critics sued him anew on Friday, saying he continues to reject some accounts two years after losing in court.
The Knight First Amendment Institute at Columbia University sued Trump a second time in Manhattan federal court over use of his @realDonaldTrump Twitter account, saying the president and his staff continue to block some accounts.
Some individuals identified in a lawsuit filed in 2017, along with dozens of others who were blocked on the basis of viewpoint, have been unblocked, the lawsuit said.
But lawyers say the White House has refused to unblock those who can't identify which tweet led them to be blocked and others who were blocked before Trump was sworn in more than three years ago.
“It shouldn’t take another lawsuit to get the president to respect the rule of law and to stop blocking people simply because he doesn’t like what they’re posting,” said Katie Fallow, senior staff attorney at the Knight Institute, in a release.
The lawsuit identified as plaintiffs five individuals who remain blocked, including a digital specialist with the American Federation of Teachers, a freelance writer and researcher, a former teacher, an actor and Donald Moynihan, a professor of public policy at Georgetown University.
Moynihan could not point to a specific tweet that caused him to be blocked because he periodically deletes tweets, the lawsuit said. It added that when the institute pressed the White House to unblock Moynihan, the request was rejected. |
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