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Schumer rallies opposition to Trump anti-abortion court pick
Lawyer Blog News | 2018/07/01 18:02
The Senate's top Democrat tried Monday to rally public opposition to any Supreme Court pick by President Donald Trump who'd oppose abortion rights, issuing a striking campaign season call to action for voters to prevent such a nominee by putting "pressure on the Senate."

With Trump saying he'll pick from a list of 25 potential nominees he's compiled with guidance from conservatives, Senate Minority Leader Chuck 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."

Trump has said he is focusing on up to seven potential candidates, including two women, to fill the vacancy of retiring Justice Anthony Kennedy, a swing vote on the nine-member court. He's said he'll announce his pick July 9.

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 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.


Supreme Court adopts new rules for cell phone tracking
Lawyer Blog News | 2018/06/24 23:23
The Supreme Court says police generally need a search warrant if they want to track criminal suspects’ movements by collecting information about where they’ve used their cellphones. The justices’ 5-4 decision Friday is a victory for privacy in the digital age. Police collection of cellphone tower information has become an important tool in criminal investigations.

The outcome marks a big change in how police can obtain phone records. Authorities can go to the phone company and obtain information about the numbers dialed from a home telephone without presenting a warrant. Chief Justice John Roberts wrote the majority opinion, joined by the court’s four liberals. Roberts said the court’s decision is limited to cellphone tracking information and does not affect other business records, including those held by banks.

He also wrote that police still can respond to an emergency and obtain records without a warrant. Justices Anthony Kennedy, Samuel Alito, Clarence Thomas and Neil Gorsuch dissented. Kennedy wrote that the court’s “new and uncharted course will inhibit law enforcement” and “keep defendants and judges guessing for years to come.”

The court ruled in the case of Timothy Carpenter, who was sentenced to 116 years in prison for his role in a string of robberies of Radio Shack and T-Mobile stores in Michigan and Ohio. Cell tower records that investigators got without a warrant bolstered the case against Carpenter. Investigators obtained the cell tower records with a court order that requires a lower standard than the “probable cause” needed to obtain a warrant. “Probable cause” requires strong evidence that a person has committed a crime.

The judge at Carpenter’s trial refused to suppress the records, finding no warrant was needed, and a federal appeals court agreed. The Trump administration said the lower court decisions should be upheld. The American Civil Liberties Union, representing Carpenter, said a warrant would provide protection against unjustified government snooping. The administration relied in part on a 1979 Supreme Court decision that treated phone records differently than the conversation in a phone call, for which a warrant generally is required.

In a case involving a single home telephone, the court said then that people had no expectation of privacy in the records of calls made and kept by the phone company. That case came to the court before the digital age, and the law on which prosecutors relied to obtain an order for Carpenter’s records dates from 1986, when few people had cellphones. The Supreme Court in recent years has acknowledged technology’s effects on privacy. In 2014, the court held unanimously that police must generally get a warrant to search the cellphones of people they arrest. Other items people carry with them may be looked at without a warrant, after an arrest.



Indonesia court sentences cleric behind attacks to death
Lawyer Blog News | 2018/06/20 10:26
Radical cleric Aman Abdurrahman was sentenced to death by an Indonesian court Friday for ordering Islamic State group-affiliated militants to carry out attacks including the January 2016 suicide bombing at a Starbucks in Jakarta.

Abdurrahman, who police and prosecutors say is a key ideologue for IS militants in the world's largest Muslim nation, kneeled and kissed the floor as the panel of five judges announced the sentence while counterterrorism officers guarding him uttered "praise be to God."

Several hundred paramilitary and counterterrorism police secured the Jakarta court where the trial took place. Fears of attacks have been elevated in Indonesia after suicide bombings in the country's second-largest city, Surabaya, last month that were carried out by families including their young children. Police say the leader of those bombers was part of the network of militants inspired by Abdurrahman.

During the trial, prosecutors said Abdurrahman's instructions from prison, where he was serving a terrorism-related sentence, resulted in several attacks in Indonesia in 2016 and 2017.

They included the Starbucks attack in the capital that killed four civilians and four militants, an attack on a bus terminal in Jakarta that killed three police officers and an attack on a church in Kalimantan that killed a 2-year-old girl. Several other children suffered serious burns from the Kalimantan attack.

The defendant's "speeches, teachings and instructions have inspired his group and followers to commit criminal acts of terrorism in Indonesia," said presiding Judge Ahmad Zaini.

The court said there was no reason for leniency. It gave defense lawyers seven days to consider lodging an appeal.

Abdurrahman has refused to recognize the authority of the court, part of his rejection of secular government in Indonesia and desire to replace it with Shariah law.



Man run down, 50 years after killing girl in hit-and-run
Lawyer Blog News | 2018/06/04 02:25
A Vietnam War veteran who confessed five years ago to killing a 4-year-old girl in a 1968 hit-and-run was trying to protect children when a woman drove her car onto a baseball field in Maine during a game, striking and killing him.

Screaming bystanders and ballplayers fled as Carol Sharrow, of Sanford, Maine, drove through an open gate onto the field Friday night, police said. Video shows the car driving around the infield, turning over home plate and then heading toward the stands behind third base.

Douglas Parkhurst, of West Newfield, was near the park's main gate before he was hit and Sharrow sped away, police said. Parkhurst died on the way to the hospital and no one else was hurt.

"It was awful," said Sanford resident, Karyn Bean, who said she saw Parkhurst being struck. "A car driving through the gate hitting a man who was pushing kids out of the way, then her driving up the road easily doing 50 to 60 miles per hour past us.

"It felt awful because we couldn't do anything."

Sharrow was scheduled to appear in court later Monday to face a manslaughter charge. She was to have an attorney appointed to represent her then.

Sharrow has two previous drunken driving convictions in Maine and New Hampshire, according to Sanford police Det. Sgt. Matthew Jones. Authorities have declined to say whether alcohol was involved on Friday.

Parkhurst was never charged in the hit-and-run death that killed Carolee Ashby on Halloween night in 1968. The statute of limitations had long run out when Parkhurst walked into a police station in 2013 and confessed after two interviews with investigators.

In his four-page confession obtained by the Syracuse Post-Standard during its reporting about the case, Parkhurst said he and his brother had been drinking before he hit the girl. He said his brother was passed out in the back seat.


Dutch court says time ripe for law to recognize 3rd gender
Lawyer Blog News | 2018/05/02 02:28
A court in the Netherlands says that lawmakers should recognize a neutral, third gender, in a groundbreaking ruling for a person who does not identify as male or female.

The court in the southern city of Roermond said Monday that the person's gender could not be definitively determined at birth. The person was registered as male but later had treatment to become a woman and successfully applied to have her gender officially changed to female.

However the applicant later sought to be listed as a "third gender" — neither male nor female.

The court said in a statement that "the time is ripe for recognition of a third gender," adding that "it is now up to lawmakers."

Transgender activists hailed the ruling as a revolutionary step in Dutch law.



Trump travel ban is focus of Supreme Court's last arguments
Lawyer Blog News | 2018/04/25 17:24
President Donald Trump's ban on travelers from several mostly Muslim countries is the topic of arguments Wednesday at the Supreme Court, with a Trump administration lawyer facing questions during the first half of arguments.

The travel ban case is the last case the justices will hear until October.

A little over 20 minutes into arguments, Justice Anthony Kennedy asked Solicitor General Noel Francisco, who was defending the ban, whether statements Trump made during the presidential campaign should be considered in evaluating the administration's ban. Francisco told the justices that they shouldn't look at Trump's campaign statements, which included a pledge to shut down Muslim entry into the U.S.

But Kennedy, whose vote is pivotal in cases that divide the court along ideological lines and whose vote the administration will almost certainly need to win, pressed Francisco on that point. Speaking of a hypothetical "local candidate," he asked if what was said during the candidate's campaign was irrelevant if on "day two" of his administration the candidate acted on those statements.

The Trump administration is asking the court to reverse lower court rulings striking down the ban. The policy has been fully in effect since December, but this is the first time the justices are considering whether it violates immigration law or the Constitution.

The court will consider whether the president can indefinitely keep people out of the country based on nationality. It will also look at whether the policy is aimed at excluding Muslims from the United States.

People have been waiting in line for a seat for days, and on Wednesday morning opponents of the ban demonstrated outside the court holding signs that read "No Muslim Ban. Ever." and "Refugees Welcome," among other things. In another sign of heightened public interest, the court is taking the rare step of making an audio recording of the proceedings available just hours after the arguments end. The last time the court did that was the gay marriage arguments in 2015.


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