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Court won't review Obama's eligibility to serve
U.S. Legal News | 2008/12/08 17:30
The Supreme Court has turned down an emergency appeal from a New Jersey man who says President-elect Barack Obama is ineligible to be president because he was a British subject at birth.

The court did not comment on its order Monday rejecting the call by Leo Donofrio of East Brunswick, N.J., to intervene in the presidential election. Donofrio says that since Obama had dual nationality at birth — his mother was American and his Kenyan father at the time was a British subject — he cannot possibly be a "natural born citizen," one of the requirements the Constitution lists for eligibility to be president.

Donofrio also contends that two other candidates, Republican John McCain and Socialist Workers candidate Roger Calero, also are not natural-born citizens and thus ineligible to be president.

At least one other appeal over Obama's citizenship remains at the court. Philip J. Berg of Lafayette Hill, Pa., argues that Obama was born in Kenya, not Hawaii as Obama says and the Hawaii secretary of state has confirmed. Berg says Obama also may be a citizen of Indonesia, where he lived as a boy. Federal courts in Pennsylvania have dismissed Berg's lawsuit.



Bush spurs economic action, but Obama sets agenda
U.S. Legal News | 2008/11/24 16:18
President George W. Bush got a second bloc of world leaders to endorse comprehensive action to remedy the global financial crisis. But his successor, Barack Obama, is already setting the coming economic agenda.

The formal transfer of power doesn't take place until Jan. 20, but don't tell that to financial markets. They are already taking their cues from Obama and his team.

Wall Street surged by nearly 500 points on Friday after reports that Obama would pick Timothy Geithner, the well-respected head of the New York Federal Reserve, to be his Treasury secretary.

Obama was to formally present his economic team on Monday and elaborate on his weekend call for a sweeping economic stimulus to save and create 2.5 million jobs over the next two years.

It is not that Bush did not have his own successes in Lima at his eighth and final summit of the 21-nation Asia-Pacific Economic Cooperation forum.

The leaders of Pacific Rim countries endorsed the action plan drafted a week ago in Washington by the Group of 20, representing the world's richest nations and major developing countries such as China, Brazil and India.



Republican Party challenges 'soft money' laws
U.S. Legal News | 2008/11/13 17:44
The national Republican Party sued the Federal Election Commission Thursday, seeking to overturn prohibitions on unregulated corporate and labor contributions and to make it easier to coordinate spending with federal candidates.

In two lawsuits, the Republican National Committee directly challenged post-Watergate restrictions on the ability of parties and candidates to work hand-in-hand on political campaigns and the law Congress passed in 2002 banning unlimited contributions know as "soft money."

Republican National Committee Chairman Robert M. "Mike" Duncan said in an interview that the suits were designed to "strengthen the Republican Party and bring a more level playing field to campaign finance."

At issue are two distinct laws — one passed in the aftermath of the Watergate abuses of the early 1970s and the other a six-year-old ban on soft money. Both laws have been upheld by the Supreme Court, but since then the court has a new Chief Justice in John G. Roberts and a new justice in Samuel Alito.

The lawsuits come after the defeat of Republican presidential candidate John McCain, a fierce opponent of soft money and one of the authors of the 2002 legislation that banned the parties from raising unlimited money from corporations, unions and wealthy individuals.

The RNC lawsuit said the total ban on soft money amounts to a violation of the First Amendment's guarantees of free speech and association.

Critics say the suit is merely an attempt by the RNC to test the law against a reconstituted Supreme Court.

"This effort to go to the Supreme Court appears to be based on the idea that we have different justices so the prior decisions should just be thrown out, and that is just dead wrong," said Fred Wertheimer, president of Democracy 21, a campaign money watchdog group.

The RNC wants to be able to raise unlimited contributions for "non-federal" activities — that is, for expenditures unrelated to presidential, U.S. Senate or House of Representative elections. The money, the complaint says, would be used to help elect Republicans to state offices, to finance congressional redistricting efforts by state Republican parties following the 2010 census, and to finance lobbying efforts on federal legislative issues.

The RNC's effort to permit fundraising for state parties and state candidates would reverse a key component of the 2002 law that McCain helped write with Democratic Sen. Russell Feingold of Wisconsin and House members Christopher Shays, R-Conn., and Martin Meehan, D-Mass.

Under that law, the national parties can only raise money under federal fundraising restrictions. The law banned the national parties from raising so-called soft-money — that is, unlimited amounts of money from corporations, unions or individuals. If the national parties can raise money for state parties or for state candidates, they would adjust that fundraising to state limits, some of which are far more lenient than federal law.



Obama planning US trials for Guantanamo detainees
U.S. Legal News | 2008/11/10 18:40
President-elect Obama's advisers are quietly crafting a proposal to ship dozens, if not hundreds, of imprisoned terrorism suspects to the United States to face criminal trials, a plan that would make good on his promise to close the Guantanamo Bay prison but could require creation of a controversial new system of justice.

During his campaign, Obama described Guantanamo as a "sad chapter in American history" and has said generally that the U.S. legal system is equipped to handle the detainees. But he has offered few details on what he planned to do once the facility is closed.

Under plans being put together in Obama's camp, some detainees would be released and many others would be prosecuted in U.S. criminal courts.

A third group of detainees — the ones whose cases are most entangled in highly classified information — might have to go before a new court designed especially to handle sensitive national security cases, according to advisers and Democrats involved in the talks. Advisers participating directly in the planning spoke on condition of anonymity because the plans aren't final.

The move would be a sharp deviation from the Bush administration, which established military tribunals to prosecute detainees at the Navy base in Cuba and strongly opposes bringing prisoners to the United States. Obama's Republican challenger, John McCain, had also pledged to close Guantanamo. But McCain opposed criminal trials, saying the Bush administration's tribunals should continue on U.S. soil.

The plan being developed by Obama's team has been championed by legal scholars from both political parties. But it is almost certain to face opposition from Republicans who oppose bringing terrorism suspects to the U.S. and from Democrats who oppose creating a new court system with fewer rights for detainees.

Laurence Tribe, a Harvard law professor and Obama legal adviser, said discussions about plans for Guantanamo had been "theoretical" before the election but would quickly become very focused because closing the prison is a top priority. Bringing the detainees to the United States will be controversial, he said, but could be accomplished.

"I think the answer is going to be, they can be as securely guarded on U.S. soil as anywhere else," Tribe said. "We can't put people in a dungeon forever without processing whether they deserve to be there."

The tougher challenge will be allaying fears by Democrats who believe the Bush administration's military commissions were a farce and dislike the idea of giving detainees anything less than the full constitutional rights normally enjoyed by everyone on U.S. soil.

"There would be concern about establishing a completely new system," said Rep. Adam Schiff, D-Calif., a member of the House Judiciary Committee and former federal prosecutor who is aware of the discussions in the Obama camp. "And in the sense that establishing a regimen of detention that includes American citizens and foreign nationals that takes place on U.S. soil and departs from the criminal justice system — trying to establish that would be very difficult."

Obama has said the civilian and military court-martial systems provide "a framework for dealing with the terrorists," and Tribe said the administration would look to those venues before creating a new legal system. But discussions of what a new system would look like have already started.

"It would have to be some sort of hybrid that involves military commissions that actually administer justice rather than just serve as kangaroo courts," Tribe said. "It will have to both be and appear to be fundamentally fair in light of the circumstances. I think people are going to give an Obama administration the benefit of the doubt in that regard."

Though a hybrid court may be unpopular, other advisers and Democrats involved in the Guantanamo Bay discussions say Obama has few other options.

Prosecuting all detainees in federal courts raises a host of problems. Evidence gathered through military interrogation or from intelligence sources might be thrown out. Defendants would have the right to confront witnesses, meaning undercover CIA officers or terrorist turncoats might have to take the stand, jeopardizing their cover and revealing classified intelligence tactics.

In theory, Obama could try to transplant the Bush administration's military commission system from Guantanamo Bay to a U.S. prison. But Tribe said, and other advisers agreed, that was "a nonstarter." With lax evidence rules and intense secrecy, the military commissions have been criticized by human rights groups, defense attorneys and even some military prosecutors who quit the process in protest.



Neb. officials reviewing affirmative action ban
U.S. Legal News | 2008/11/07 17:31
At Southeast Community College, Jose J. Soto may have to change his title: vice president of affirmative action.

Nebraska's educational institutions, cities and counties are beginning to scour their programs to see if they violate a ban on affirmative action approved this week by voters.

The ban might force Southeast Community College to cease or change its partnership with a national association that promotes equity for women in community colleges, Soto said. And a program designed to boost female enrollment in technology classes may have to be dropped.

At the University of Nebraska, administrators are expected to review a wide range of programs and policies aimed at boosting diversity — including a math camp for high school girls, Native American Day, the recruitment of foreign students and a law college policy that uses race as a factor in deciding which students to admit.

"We know we need to look at programs where race or gender or national origin are involved," university President J.B. Milliken said.

The Nebraska constitutional amendment prohibits public agencies from giving preferential treatment on the basis of race, sex or ethnicity when hiring and performing such tasks as awarding contracts and granting scholarships.

The ban passed with almost 58 percent of the vote. A similar measure was on the ballot in Colorado, but the vote remained too close to call Thursday.



Court leaves NC campaign finance law untouched
U.S. Legal News | 2008/11/06 17:18
North Carolina's system of publicly financed judicial campaigns remained intact Monday after the U.S. Supreme Court refused to hear a challenge over a provision for additional funds in expensive races.

The justices declined, without comment, to consider the constitutionality of a voluntary program passed by the Legislature and that took effect in 2004.

The program provides campaign money for state Supreme Court and Court of Appeals candidates if they agree to fundraising restrictions leading up to the general election. The decision came on the eve of an election in which all but two of the 13 candidates for those seats Tuesday participated in the program.

The decision leaves a federal lower court ruling in effect that upheld the law, which has been a model for other states, including New Mexico.

"This gives supporters of judicial public financing and public financing in general confidence and assurance that the long line of decisions (supporting) public financing ... are still the law of the land," said Paul Ryan, an attorney with the Washington-based Campaign Legal Center, whose group earlier filed a friend-of-the-court brief in support of the law.

Former Supreme Court candidate Rusty Duke and the North Carolina Right to Life Committee sued over the law in 2005, arguing it restricted free speech rights in cases where outside groups or nonparticipating candidates exceeded spending thresholds.

The qualifying candidates receive matching "rescue funds" to counter such injections of money.

The state's requirements that privately funded candidates and independent expenditure groups must file additional paperwork when they spend money to determine if rescue funds are triggered also "impose a substantial unconstitutional burden on the political speech" of these entities, according to the plaintiff's petition.

The Richmond, Va.-based 4th U.S. Circuit Court of Appeals sided with the state in May. Attorneys for Duke and the group asked the high court unsuccessfully to consider the case in part because interest in public financing has expanded nationwide.



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