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The Latest: Trump considers executive order on census query
Court Feed News | 2019/07/02 01:42
President Donald Trump says he is “very seriously” considering an executive order to get a citizenship question on the 2020 Census.

The Justice Department says it will continue to search for legal grounds to force the inclusion of the question.

Trump says his administration is exploring a number of legal options, but the Justice Department has not said exactly what options remain now that the Supreme Court has barred the question, at least temporarily.

The government has already begun the process of printing the census questionnaire without that question.

The administration’s focus on asking broadly about citizenship for the first time since 1950 reflects the enormous political stakes and potential costs in the once-a-decade population count. The Justice Department says it will continue to look for legal grounds to force the inclusion of a citizenship question on the 2020 Census.

But the department says it’s unclear how that will happen.

That’s according to a lawyer for the plaintiffs who took part in a conference call Friday with government lawyers and a federal judge who demanded clarification of the administration’s plans. President Donald Trump had reopened what appeared to be a final decision by his administration to proceed without the citizenship question on the next census.


Kenya's Judges Uphold Laws That Criminalize Gay Sex
Court Feed News | 2019/05/27 01:44
Kenya's High Court has chosen to uphold colonial-era laws that criminalize gay sex, dashing the hopes of activists who believed the judges would overturn sections of the penal code as unconstitutional and inspire a sea change across the continent.

Three judges said Friday that the laws in question did not target the LGBTQ community. They were not convinced that people's basic rights had been violated, they said.

"We are not persuaded by the petitioners that the offenses against them are overboard," one of the judges said, according local media.

The case stems from to a petition filed in 2016 by activist Eric Gitari, with the support of organizations serving LGBTQ Kenyans. They argued that two sections of Kenya's penal code violated people's rights: Article 162 penalizes "carnal knowledge ... against the order of nature" with up to 14 years in prison, and Article 165 castigates "indecent practices between males" with the possibility of five years' imprisonment.


Arizona court says Costco can be sued over ED drug disclosure
Court Feed News | 2019/05/03 00:11
The Arizona Court of Appeals has ruled that the Costco warehouse store chain can be sued for privacy violations by a Phoenix-area man because a pharmacist joked with his ex-wife about an erectile dysfunction prescription he had never picked up.

The ruling issued Tuesday revived the lawsuit the man filed after the pharmacist told his ex-wife about the prescription when she went to pick up another prescription with his approval. The man had called Costco twice to cancel the prescription before his ex-wife went to the north Phoenix store in early 2016, but the pharmacist did not do so, according to the ruling.

Attorney Joshua Carden filed the lawsuit for the man alleging a variety of violations, but it was dismissed by a trial-court judge. The Court of Appeals revived sections alleging negligence under federal health care privacy law commonly called HIPAA. The ruling potentially allows him to seek punitive damages.

The ruling is the first to say that negligence claims under HIPAA can be brought in Arizona courts, Carden said.

“If there is a big deal in the case it’s that the court went ahead and said yes to negligence claims based on HIPAA violations,” Carden said. “That’s not ever been announced in Arizona before.”

The federal health privacy law doesn’t allow individuals to sue for violations in federal court, he said, and state courts haven’t always been clear about that right.


Ohio top court to hear arguments in TV news defamation case
Court Feed News | 2019/04/23 15:54
Ohio's Supreme Court will hear arguments Wednesday in an appeal involving a defamation lawsuit that alleged a television station falsely labeled three siblings as "robbers."

A Columbus family sued WBNS-TV in 2016 after the station reported on a hover board robbery at Fort Rapids Indoor Waterpark in Columbus and included a surveillance photo showing the faces of three unnamed individuals. Police had released the photo, asking for the public's help in identifying the three individuals they said may have been involved.

The television's website story was headlined, "Robbers Put Gun to Child's Head and Steal Hoverboard," and underneath was the photo of the three individuals.

Nanita Williams saw the broadcast story and realized it was her three children in the photo, the family's lawsuit said. She took them to a Columbus police station where they told investigators they had gone to the park that day to deliver Thanksgiving dinner to someone who worked there.

Columbus police then issued a second news release saying the three individuals in the surveillance photo weren't the robbery suspects and asked news outlets to stop using the photo. WBNS stopped broadcasting stories about the robbery and removed the photo from its website, but kept the story about the incident online.


Myanmar court rejects appeal of jailed Reuters reporters
Court Feed News | 2019/04/22 22:54
Myanmar’s Supreme Court on Tuesday rejected the final appeal of two Reuters journalists and upheld seven-year prison sentences for their reporting on the military’s brutal crackdown on Rohingya Muslims.

Wa Lone and Kyaw Soe Oo earlier this month shared with their colleagues the Pulitzer Prize for international reporting, one of journalism’s highest honors. The reporters were arrested in December 2017 and sentenced last September after being accused of illegally possessing official documents, a violation of a colonial-era law.

The court did not given a reason for its decision, which was quickly decried by rights advocates.

“Wa Lone and Kyaw Soe Oo should never have been arrested, much less prosecuted, for doing their jobs as investigative journalists,” said Phil Robertson, deputy Asia director for New York-based Human Rights Watch. “Sadly, when it comes to media freedom, both Myanmar’s military and the civilian government seem equally determined to extinguish any ability to question their misrule and rights violations.”

Wa Lone and Kyaw Soe Oo, who are being held in a prison in Yangon, were not present for the ruling, but their wives were. Kyaw Soe Oo’s wife, Chit Su, broke down in tears when the ruling was read.

“Both he and I hoped for the best,” Chit Su told reporters. “I am terribly sad for this decision.”

Wa Lone, 32, and Kyaw Soe Oo, 28, had denied the charges against them and contended they were framed by police. International rights groups, media freedom organizations, U.N experts and several governments condemned their conviction as an injustice and an attack on freedom of the press.

“Wa Lone and Kyaw Soe Oo did not commit any crime, nor was there any proof that they did,” Gail Gove, Reuters chief counsel, said in a statement after the ruling. “Instead, they were victims of a police setup to silence their truthful reporting. We will continue to do all we can to free them as soon as possible.”

Khin Maung Zaw, a lawyer for the two, said the pair could still seek their freedom by petitioning the president’s office or the legislature.

President Win Myint could reduce the sentence, order a retrial or have them released. Legislative action for a retrial would be a lengthier, more complicated process.


6 appear in court on charges they sent mosque attack images
Court Feed News | 2019/04/15 16:46
Six people appeared in a New Zealand court Monday on charges they illegally redistributed the video a gunman livestreamed as he shot worshippers at two mosques last month.

Christchurch District Court Judge Stephen O’Driscoll denied bail to businessman Philip Arps and an 18-year-old suspect who both were taken into custody in March. The four others are not in custody.

The charge of supplying or distributing objectionable material carries a penalty of up to 14 years imprisonment. Arps, 44, is scheduled to next appear in court via video link on April 26.

The 18-year-old suspect is charged with sharing the livestream video and a still image of the Al Noor mosque with the words “target acquired.” He will reappear in court on July 31 when electronically monitored bail will be considered.

Police prosecutor Pip Currie opposed bail for the 18-year-old suspect and said the second charge, involving the words added to the still image, was of significant concern.

New Zealand’s chief censor has banned both the livestreamed footage of the attack and the manifesto written and released by Brenton Harrison Tarrant, who faces 50 murder charges and 39 attempted murder charges in the March 15 attacks.


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