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Poland moves to reinstate retired judges to Supreme Court
Class Action News |
2018/11/21 21:02
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Poland's ruling party has submitted a draft law to parliament that would reinstate Supreme Court judges who were recently forced into early retirement.
The development comes a month after the European Union's top court ordered Poland to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing about two dozen of them off the bench.
Poland has been in a standoff with the European Union for three years over attempts by the ruling populist Law and Justice party to impose control over the court system. The efforts have raised serious concerns over rule of law in the young democracy.
Wednesday's legislative initiative marks one of the first significant steps by Poland to comply with EU demands.
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European court: Russia's arrests of Navalny were political
Headline News |
2018/11/19 21:01
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The European Court of Human Rights ruled Thursday that Russian authorities' arrests of opposition leader Alexei Navalny were politically motivated, a decision that deals a blow to the Kremlin's dismissal of Navalny as a mere troublemaker.
Navalny hailed the ruling as an example of "genuine justice" and said it is an important signal for many people in Russia who face arbitrary detentions for their political activities.
The court's highest chamber found that Russian authorities violated multiple human rights in detaining Navalny seven times from 2012 to 2014, and that two of the arrests were expressly aimed at "suppressing political pluralism."
It ordered Russia to pay Navalny 63,000 euros ($71,000) in damages, and called on Russia to fix legislation to "take due regard of the fundamental importance of the right to peaceful assembly."
The ruling is final and binding on Russia as a member of the Council of Europe, the continent's human rights watchdog.
"I'm very pleased with this ruling — this is genuine justice," Navalny told reporters after the hearing. "This ruling is very important not only for me but also for many people in Russia who face similar arrests on a daily basis."
Russia is obliged to carry out the court's rulings, which enforce the European Convention on Human Rights , but it has delayed implementing past rulings from the court and argued against them as encroaching on Russian judicial sovereignty.
Navalny told reporters that he expects the Russian government to ignore this ruling and dismiss it on political grounds.
Navalny, arguably Russian President Vladimir Putin's most serious foe, has been convicted of fraud in two separate trials that have been widely viewed as political retribution for his investigations of official corruption and his leading role in staging anti-government protests. |
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Legal groups argue in court against Trump asylum ban
Class Action News |
2018/11/18 15:02
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Legal groups suing the Trump administration over its ban on asylum for anyone who illegally crosses the U.S.-Mexico border have argued their case before a federal judge in San Francisco. U.S. District Judge Jon S. Tigar did not immediately rule Monday on the groups' request to stop the administration from enforcing the ban.
President Donald Trump issued a proclamation on Nov. 9 that says anyone who crossed the southern border would be ineligible for asylum. That would potentially make it harder for thousands of people who enter the U.S. to avoid deportation.
Trump issued the proclamation in response to the caravans of migrants that have started to arrive at the U.S.-Mexico border. The American Civil Liberties Union quickly sued, saying U.S. law makes clear that people can seek asylum regardless of how they enter the country. |
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Supreme Court to hear Virginia GOP's districting appeal
Criminal Law Updates |
2018/11/16 04:57
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The Supreme Court agreed Tuesday to hear an appeal by Virginia Republicans who are trying to preserve state legislative districts that have been struck down by a lower court as racially discriminatory.
The case involves 11 districts in the Virginia House of Delegates. Democratic voters accuse Republicans, who hold the majority, of packing black voters into certain districts to make surrounding districts whiter and more Republican.
A three-judge federal court in Virginia ruled 2-1 in June in favor of the Democratic voters and has appointed a redistricting expert to draw a new legislative map with a Dec. 7 deadline. Kirk Cox, the Republican speaker of the Virginia House, said he is weighing whether to ask the lower court to delay the issuance of a new map until after the Supreme Court rules.
Arguments probably will take place in late February, with a ruling likely by late June. The next round of elections for the state House is 2019, and candidates would normally have to register in the spring and run in primaries in the summer.
Democratic Gov. Ralph Northam's office and House Democratic leader David Toscano did not immediately return requests for comment. Marc Elias, a lawyer representing the voters, predicted on Twitter that the justices would rule in his clients' favor. |
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Impeachment focus back on W.Va. court after justice resigns
Class Action News |
2018/11/14 18:59
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Now that an impeached and suspended West Virginia Supreme Court justice has resigned, lawmakers are turning their attention to a panel of justices that had cut off pending impeachment trials.
After Justice Allen Loughry's resignation, the state Senate wants to revisit an Oct. 11 order halting the Legislature's efforts to impeach three justices as a violation of the separate of power doctrine. The court hasn't scheduled a hearing on the Senate's request.
The panel of acting justices ruled the Senate lacked jurisdiction to pursue Justice Margaret Workman's impeachment trial. The decision also was applied to trials involving retired Justice Robin Davis and Loughry, who had petitioned the court to intervene.
Senate President Mitch Carmichael said Monday the focus now is on overturning "this ridiculous, crazy decision by the appointed Supreme Court that just breaks every judicial canon. It is a ridiculous decision that has far-ranging implications for the separations of powers."
Carmichael said the Senate's view on the court's earlier decision is that the court can't decide whether one of its members can be impeached. |
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Georgia candidate asks court to intervene in vote dispute
Lawyer Blog News |
2018/11/12 18:44
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A Congressional candidate in Georgia says she's asking a federal court to block one of the state's largest counties from certifying its vote totals before ballot disputes are resolved.
Democrat Carolyn Bourdeaux's campaign filed a complaint Sunday night accusing Gwinnett County of improperly rejecting hundreds of absentee ballots in Georgia's 7th Congressional District.
Bourdeaux says those votes should be counted, partly because they were rejected based on "immaterial" information such as missing or inaccurate addresses or birth dates.
The race between Bourdeaux and Republican incumbent Rep. Rob Woodall remains too close to call. With all precincts reporting, Woodall held a lead of about 900 votes out of nearly 279,000 votes counted.
Under Georgia law, Bourdeaux could request a recount. Woodall's campaign on Monday didn't immediately return messages seeking comment.
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