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Nominee's attack on Democrats poses risk to Supreme Court
Legal World News | 2018/10/02 03:30
Brett Kavanaugh's angry denunciation of Senate Democrats at his confirmation hearing could reinforce views of the Supreme Court as a political institution at a time of stark partisan division and when the court already is sharply split between liberals and conservatives.

The Supreme Court nominee called the sexual misconduct allegations against him a "calculated and orchestrated political hit" by Democrats angry that Hillary Clinton lost the 2016 election. Kavanaugh went further than Clarence Thomas, who in 1991 attacked the confirmation process but didn't single out a person or political party, when he confronted allegations that he sexually harassed Anita Hill.

The comments injected a new level of bitter partisanship in an already pitched battle over the future of the Supreme Court and replacing Justice Anthony Kennedy, frequently the decisive and swing vote on the most important issues of the day. Kavanaugh is more conservative than Kennedy and his ascendance to the high court would entrench conservative control of the bench for years.

"No matter what happens ... I think the court is the ultimate loser here. I think Judge Kavanaugh could have made the exact same points without making reference to the Clintons or Democrats, without going down that road," said Josh Blackman, a law professor at the South Texas College of Law in Houston. "It's an optics thing. I don't think he'll vote any differently because of what happened in the past 10 days, but what will change is how people perceive it."

In his pointed remarks, Kavanaugh said he was a victim of character assassination orchestrated by Democrats. "This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups," he said.



Delay in Nevada gun buyer law draws protests at court debate
Legal World News | 2018/02/25 12:04
A lawyer seeking a court order to enforce a Nevada gun buyer screening law that has not been enacted despite voter approval in November 2016 blamed the state's Republican governor and attorney general on Friday for stalling the law.

"For either personal or political reasons," attorney Mark Ferrario told a state court judge in Las Vegas, Gov. Brian Sandoval and GOP state Attorney General Adam Laxalt "chose to stand back and really do nothing."

Nevada Solicitor General Lawrence Van Dyke countered that the law was fatally flawed as written because it requires Nevada to have the FBI expend federal resources to enforce a state law.

"State officials here have not tried to avoid implementing the law," Van Dyke said. "They have negotiated (and) talked with the FBI, and the FBI said no, four times."

Clark County District Court Judge Joe Hardy Jr. made no immediate ruling after more than 90 minutes of arguments on an issue that drew about 25 sign-toting advocates outside the courthouse calling for enactment of the measure.

"The people have spoken," said protest speaker Peter Guzman, president of the Las Vegas Latin Chamber of Commerce. "To deny that voice is to deny democracy."

Some speakers, including Democratic state Assemblywoman Sandra Jauregui, cited the slayings of 58 people by a gunman firing assault-style weapons from a high-rise casino shot into an concert crowd on the Las Vegas Strip last Oct. 1. Jauregui was at the concert.

Others pointed to gun-control measures being debated nationally following a shooting that killed 17 people last week at a school in Parkland, Florida.

In the courtroom, Ferrario referred to what he called a "movement toward increasing gun checks," while the Nevada law has stalled.

"This loophole that the citizens wanted to close remains open because the governor has failed to take appropriate action," the plaintiffs' attorney said.

Sandoval spokeswoman Mari St. Martin dismissed the accusations as "political posturing." She said the initiative specifically prohibits the state Department of Public Safety from handling background checks, leaving "no clear path forward" to enactment.



Court: Cherokee Freedmen have right to tribal citizenship
Legal World News | 2017/09/01 07:02
Descendants of black slaves, known as freedmen, who were once owned by members of the Cherokee Nation have a right to tribal citizenship under a ruling handed down by a federal court in Washington, D.C.

U.S. District Judge Thomas Hogan ruled Wednesday in a long-standing dispute between the Cherokee Freedmen and the second largest tribe in the United States.

Freedmen have long argued that the Treaty of 1866, signed between the U.S. government and the Tahlequah, Oklahoma-based Cherokees, gave them and their descendants "all the rights of native Cherokees." There are around 3,000 freedmen descendants today.

But Cherokee leaders have argued the tribe has the fundamental right to determine its citizens, and in 2007 more than three-fourths of Cherokee voters approved an amendment to remove the Freedmen from tribal rolls.


Finnish court releases Iraqi twins in IS-related killings
Legal World News | 2017/05/28 14:49
A Finnish court has thrown out charges against Iraqi twin brothers of taking part in Islamic State-related killings of at least 11 unarmed soldiers.

The Pirkanmaa District Court says the two who were not identified, were set free on Wednesday.

The court in Tampere, southern Finland, said the evidence against them was too weak. It included testimonies from other asylum-seekers, a video footage of the massacre by IS militants and information from an Iraqi investigative commission.

State prosecutors had demanded life sentences and claimed the brothers took part in atrocities committed by IS militants at a military base outside Tikrit in June 2014 when some 1,700 Iraqi army soldiers were slain.

The brothers arrived in Finland in September 2015 and were arrested three months later.


Court: Missouri not required to name execution drug's source
Legal World News | 2017/02/22 16:41
A Missouri appellate court has ruled that the state's prison officials aren't obligated to publicly reveal the source of the drug used to execute prisoners.

The appellate court's Western District decided Tuesday to overturn a 2016 trial court ruling that found the state wrongly withheld documents that would identify pharmaceutical suppliers, The Kansas City Star reported.       

The appeals court agreed with the state that a law that protects the identity of the state's execution team applies to those who supply the execution drug pentobarbital.

Major drug companies for the past several years have refused to allow their drugs to be used in executions. Missouri and many other active death penalty states refuse to disclose the source of their drugs, though the sources are widely believed to be compounding pharmacies ? organizations that make drugs tailored to the needs of a specific client. Those pharmacies do not face the same approval process or testing standards of larger pharmaceutical companies.

The appeals court ruling said that disclosing the identities of "individuals essential to the execution process" could hinder Missouri's ability to execute the condemned.

Several states also are facing legal challenges to lethal injection practices. Just last month, a federal judge found Ohio's latest lethal injection procedure unconstitutional while Texas sued the Food and Drug Administration over execution drugs that were confiscated in 2015. In Oklahoma last year, a grand jury criticized state officials charged with carrying out executions, describing a litany of failures and avoidable errors.





Trial court election changes considered by North Carolina House
Legal World News | 2017/02/21 16:41
Some Republicans are set on returning all North Carolina state judicial elections to being officially partisan races again.

A law quickly approved in December during a special election directed statewide races for Supreme Court and Court of Appeals to become partisan starting in 2018. Now the state House scheduled floor debate Wednesday on legislation extending that to local Superior Court and District Court seats next year, too.

Having partisan races means candidates run in party primaries to reach the general election. Unaffiliated candidates could still run but would have to collect signatures to qualify.

Judicial races shifted to nonpartisan elections starting in the mid-1990s in part as an effort to distance judicial candidates from politics. But Republicans today say party labels help give voters some information about the candidates.


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