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Malaysian court allows Anwar case
Legal World News | 2008/06/17 12:14
Malaysia's highest court has allowed opposition leader Anwar Ibrahim to challenge his 1998 dismissal as a deputy prime minister, a surprise decision that his lawyer described Tuesday as "very significant."

The Federal Court's three judges decided unanimously Monday that Anwar would be allowed to appeal earlier court verdicts dismissing his contention that then-Prime Minister Mahathir Mohamad fired him unlawfully, according to his lawyer, Karpal Singh.

Anwar, who now leads a strong opposition coalition, was fired in 1998 after falling out with Mahathir. Instead of becoming the next prime minister, as was widely expected at the time, he ended up in prison, convicted on sodomy and corruption charges he said were trumped up.

Anwar asked the courts to reinstate him, claiming Mahathir had acted unconstitutionally by dismissing him without the approval of the king, the country's titular ruler. But a high court and subsequently an appeal court dismissed his case.



Gun rights is biggest issue for court to decide
Legal Career News | 2008/06/16 16:06
One momentous case down, another equally historic decision to go. The Supreme Court returns to the bench Monday with 17 cases still unresolved, including its first-ever comprehensive look at the Second Amendment's right to bear arms.

The guns case — including Washington, D.C.'s ban on handguns — is widely expected to be a victory for supporters of gun rights. Top officials of a national gun control organization said this week that they expect the handgun ban to be struck down, but they are hopeful other gun regulations will survive.

Last week, the court delivered the biggest opinion of the term to date with its ruling, sharply contested by the dissenting justices, that guarantees some constitutional rights to foreign terrorism detainees at Guantanamo Bay, Cuba. The 5-4 decision, which Justice Anthony Kennedy wrote for his four more liberal colleagues, was the first case this term that broke along ideological lines.

The conservative-liberal split was seen frequently last term, including in cases that limited abortion rights, reined in voluntary school desegregation plans, made it harder to sue for pay discrimination and prodded the Bush administration to combat global warming by regulating tailpipe emissions. Kennedy was the only justice in the majority in all those cases, siding with conservatives in all but the global-warming dispute.

It's hardly unusual that the cases that take until late spring to resolve are the most contentious and most likely to produce narrow majorities.

The dispute over gun rights poses several important questions. Although the Second Amendment was ratified in 1791, the court has never definitively said what it means to have a right to keep and bear arms. The justices also could indicate whether, even with a strong statement in support of gun rights, Washington's handgun ban and other gun control laws can be upheld.

Officials at the Brady Campaign to Prevent Gun Violence said recently that they expect Washington's 32-year-old handgun ban to fall but believe that background checks, limits on large-volume gun sales and prohibitions on certain categories of weapons can survive.

In addition to the guns case, the justices are still weighing whether Exxon Mobil Corp. has to pay a $2.5 billion punitive damages judgment over the Exxon Valdez disaster in Alaska in 1989 and whether people convicted of raping children may be executed.

Exxon has been fighting an Alaska jury's verdict for 14 years, contending that the $3.5 billion it already has spent following the worst oil spill in U.S. history is enough. The jury initially awarded $5 billion to 33,000 commercial fishermen, Native Alaskans, landowners, businesses and local governments, but a federal appeals court cut the verdict in half.

Some justices appeared, based on their comments when the case was argued in February, to favor cutting the judgment further. Justice Samuel Alito is sitting out the case because he owns $100,000 to $250,000 in Exxon stock.

Also awaiting a decision is the case of a man sentenced to death in Louisiana after he was convicted of raping his 8-year-old stepdaughter. Only five states — Montana, Oklahoma, South Carolina and Texas are the others — allow executions for the rape of a child, but only Louisiana has imposed death sentences on people convicted of the crime.

The Supreme Court banned executions for rape in 1977 in a case in which the victim was an adult woman. The last executions for rape or any other crime that did not include a victim's death were in 1964.

Retirements typically are announced at the end of the term, although it would be a huge surprise if anyone decided to retire this year with a presidential election looming and little prospect of a nominee being confirmed before then.

Five justices, though, will be at least 70 by the time the court reconvenes in October. Justice John Paul Stevens is 88, Justice Ruth Bader Ginsburg is 75, Justice Antonin Scalia is 72, Kennedy will turn 72 in July and Justice Stephen Breyer will celebrate his 70th birthday in August.



Internet suicide case goes to federal court
Headline News | 2008/06/16 16:05
A Missouri woman accused of taking part in a MySpace hoax that ended with a 13-year-old girl's suicide has so far avoided state charges — but not federal ones.

Lori Drew, 49, a neighbor of the dead teen, was to make an appearance in federal court here Monday, accused of one count of conspiracy and three counts of accessing protected computers without authorization to get information used to inflict emotional distress.

The charges were filed in California where MySpace is based. MySpace is a subsidiary of Beverly Hills-based Fox Interactive Media Inc., which is owned by News Corp.

Drew, of suburban St. Louis, allegedly helped create a fake MySpace account to convince Megan Meier she was chatting with a nonexistent 16-year-old boy named Josh Evans.

Megan Meier hanged herself at home in October 2006, allegedly after receiving a dozen or more cruel messages, including one stating the world would be better off without her. Drew has denied creating the account or sending messages to Meier.



Court rejects appeal on Ill. horse slaughter ban
Court Feed News | 2008/06/16 16:05
The Supreme Court has declined an appeal from the owners of a horse slaughtering plant who challenged an Illinois law prohibiting the killing of horses for human consumption.

Cavel International Inc. closed its plant in DeKalb, Ill., last year after a federal appeals court upheld the ban. The company urged the justices to step in to allow the facility to reopen. The court did not comment on its order Monday.

The plant was the last horse slaughterhouse in the United States. About 40,000 to 60,000 horses were there annually, and most of the meat was shipped to be eaten by diners overseas.

Two other U.S. plants, both in Texas, also closed in 2007.



Court to rule in lawsuit vs. FBI head, ex-AG
Lawyer Blog News | 2008/06/16 16:04
The Supreme Court says it will decide whether former Attorney General John Ashcroft and FBI Director Robert Mueller (Mul'-er) must face a lawsuit that claims prisoners detained after Sept. 11 were subject to ethnic and religious discrimination.

The lawsuit was filed by Javaid Iqbal, a Pakistani Muslim who spent nearly six months in solitary confinement in 2002. Iqbal, since deported from the United States, says Ashcroft, Mueller and others implemented a policy of confining detainees in highly restrictive conditions because of their religious beliefs and race.

A federal appeals said the lawsuit could proceed, but the Bush administration says the high-ranking officials should not have to answer for the allegedly discriminatory acts of subordinates.



Top court eases rules for foreigners to try to stay in US
Lawyer Blog News | 2008/06/16 16:04
The Supreme Court has made it easier for some foreigners who overstay their visas to seek to remain in the United States legally.

The court ruled 5-4 Monday that someone who is here illegally may withdraw his voluntarily agreement to depart and continue to try to adjust his status while in the United States.

The case involved two seemingly contradictory provisions of immigration law. One allows people to avoid being deported by agreeing to leave the country voluntarily. The advantage to that course is that the wait to get back to the United States is shorter.

The other provision allows immigrants who are here illegally but whose circumstances have changed to make their case to immigration officials. To do that, however, they must remain in the country.



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