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Stevens' colleagues pay respects in Supreme Court ceremony
Law Firm Business |
2019/07/22 01:17
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Retired Supreme Court Justice John Paul Stevens has been remembered as a "brilliant man" with a "deep devotion to the rule of law" during a ceremony at the court where he served for nearly 35 years.
Stevens died last week in Florida at age 99 after suffering a stroke, and his body is in repose in the court's Great Hall.
At a ceremony Monday morning, Justice Elena Kagan called Stevens modest and humble. Kagan replaced Stevens on the court when he retired in 2010.
Six of Stevens' former colleagues were at the court to pay their respects. Besides Kagan, Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Samuel Alito and Sonia Sotomayor attended the ceremony along with retired Justice Anthony Kennedy.
Stevens will be buried Tuesday in a private ceremony at Arlington National Cemetery.
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Kosovo prime minister who resigned heads to war crimes court
Legal Interview |
2019/07/22 01:16
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The former prime minister of Kosovo left Tuesday for The Hague to be questioned by a special court investigating alleged war crimes by members of the separatist Kosovo Liberation Army two decades ago.
Ramush Haradinaj resigned as prime minister a week ago so as "not to be questioned as the country's leader" by the Kosovo Specialist Chambers, which is looking into crimes against ethnic Serbs allegedly committed during and after Kosovo's 1998-99 war.
"Today, as Ramush Haradinaj, as a citizen of Kosovo, I travel to the Hague for the third time, to prove that the Freedom Soldiers of Kosovo were always aligned with justice & the righteous cause!," Haradinaj tweeted.
At the time of the war, Kosovo was a Serbian province and Haradinaj was a top commander for the Kosovo Liberation Army. A former parliamentary speaker, a presidential adviser and other former KLA commanders also are expected to be questioned this week by the special tribunal.
The court, which is part of the Kosovo judicial system despite being based in the Netherlands, started questioning former Kosovo fighters this year.
Haradinaj was prosecuted for alleged war crimes and acquitted twice before. A United Nations tribunal first cleared him of war crimes and crimes against humanity charges in 2008. The appeals chamber of the International Criminal Tribunal for the Former Yugoslavia concluded in 2010 that witnesses had been intimidated. It sent the case back for a partial retrial. Haradinaj and two other former KLA commanders were acquitted in November 2012.
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Trump asks Supreme Court to unfreeze border wall money
Legal Watch |
2019/07/18 09:46
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The Trump administration on Friday asked the Supreme Court to lift a freeze on Pentagon money it wants to use to build sections of a border wall with Mexico.
Two lower courts have ruled against the administration in a lawsuit over the funding. Last week, a divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco kept in place a lower court ruling preventing the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona, California and New Mexico.
At stake in the case is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump ended a 35-day government shutdown in February after Congress gave him approximately $1.4 billion in border wall funding, far less than the $5.7 billion he was seeking. Trump then declared a national emergency to take cash from other government accounts to use to construct sections of wall.
The money includes $3.6 billion from military construction funds, $2.5 billion from Defense Department counterdrug activities and $600 million from the Treasury Department's asset forfeiture fund. The Treasury Department funds have so far survived legal challenges, and the transfer of the military construction funds has not yet been approved.
At issue in the case before the Supreme Court is just the $2.5 billion in Defense Department funds, which the administration says will be used to construct more than 100 miles of fencing. The lawsuit challenging the use of those funds was brought by the American Civil Liberties Union on behalf of the Sierra Club and Southern Border Communities Coalition. Late Friday, Supreme Court Justice Elena Kagan gave the groups until the afternoon of July 19 to respond in writing to the Trump administration's filing. |
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High court rejects appeal of killer of 4 people in Omaha
Headline News |
2019/07/15 01:17
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The Nebraska Supreme Court on Friday upheld the convictions and death sentence of a man who killed four people in Omaha, seemingly at random, shortly after his release from prison in 2013.
Nikko Jenkins pleaded no contest in 2014 to four counts of first-degree murder and multiple weapons counts for three separate, deadly attacks around Omaha. He was sentenced to death in 2017 after years of delays over concerns regarding his mental health. The high court’s opinion addressed combined direct appeals on Jenkins’ behalf.
Among the arguments Jenkins’ attorneys made is that the trial court abused its discretion in accepting his no-contest pleas in a death penalty case. In a no-contest plea, a defendant does not admit guilt, but concedes there is enough evidence for a conviction. The plea has the same effect as a guilty plea.
The Douglas County Public Defender office also argued that the court was wrong to allow Jenkins to represent himself and that, because it believes Jenkins is mentally ill, sentencing him to death violated the U.S. Constitution’s prohibition on cruel and unusual punishment.
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Public unions see only modest decline after court ruling
Legal Interview |
2019/07/13 19:45
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Anticipating that the U.S. Supreme Court might end mandatory union fees for public employees, some labor-friendly states enacted laws last year to protect membership rolls while unions redoubled their recruitment efforts.
Those steps appear to have paid off, at least initially.
Union membership among public employees has fallen only slightly in the nation’s most unionized states since the Supreme Court ruled a year ago that government workers no longer could be required to pay union fees, according to an analysis of federal data conducted for The Associated Press.
The decline in union membership rates has been larger in states that had previously allowed mandatory fees to be deducted from the paychecks of public school teachers, police and other government workers than in states that had not. Yet the drop has been less than what some labor leaders had feared following the high court decision, which reversed a 41-year-old legal precedent.
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Italian court rules wrong Eritrean accused of trafficking
Legal Watch |
2019/07/12 02:48
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A court in Palermo, Sicily, ruled on Friday that the wrong Eritrean man was arrested and tried as a migrant smuggling kingpin and ordered him released from jail, to the jubilation of international supporters who had championed for years the defendant's claim of mistaken identity.
Defense lawyer Michele Calantropo told The Associated Press that his client, Medhanie Tesfamariam Behre, "cried for joy" when he heard the court order him released from jail, three years after he had been extradited to Italy from Sudan on a charge of human trafficking.
But while the court exonerated him of the trafficking charge, it convicted him of a lesser charge - aiding illegal immigration - for helping two cousins reach Italy, based on investigations conducted after Behre was extradited to Italy, Calantropo said.
The court sentenced him on that charge to five years in prison. But since Behre already spent three years behind bars under a warrant for the wrong man, it was likely under Italy's justice system, that, as a first offender, he won't have to do any more time in jail.
Prosecutors had argued the defendant was Medhane Yehdego Mered, an alleged human trafficking kingpin who profited as thousands of migrants were smuggled to Italy on unseaworthy boats launched from Libyan shores. They had asked the court to convict him and give a 14-year prison term.
They didn't immediately react to the ruling.
Even as the suspect set foot in Italy in 2016, escorted by Italian police, a chorus of doubts rose up about whether prosecutors actually had the man they claimed.
One of the defendant's sisters, who lives in Norway, said her brother was living a "normal" life in Sudan and had nothing to do with human smuggling. She said she recognized her brother in the images of the man being extradited to Italy. |
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Court to Trump: Blocking Twitter critics is unconstitutional
Headline News |
2019/07/10 02:50
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President Donald Trump lost a major Twitter fight Tuesday when a federal appeals court said that his daily musings and pronouncements were overwhelmingly official in nature and that he violated the First Amendment whenever he blocked a critic to silence a viewpoint.
The effect of the 2nd U.S. Circuit Court of Appeals decision is likely to reverberate throughout politics after the Manhattan court warned that any elected official using a social media account “for all manner of official purposes” and then excluding critics violates free speech.
“The government is not permitted to ‘amplify’ favored speech by banning or burdening viewpoints with which it disagrees,” the appeals court said.
Because it involved Trump, the ruling is getting more attention than a January decision by the 4th U.S. Circuit Court of Appeals that found a Virginia politician violated the First Amendment rights of one of her constituents by blocking him from a Facebook page.
Still, the appeals court in New York acknowledged, not every social media account operated by a public official is a government account, and First Amendment violations must be considered on a case-by-case basis.
“The irony in all of this is that we write at a time in the history of this nation when the conduct of our government and its officials is subject to wide-open, robust debate,” Circuit Judge Barrington D. Parker wrote on behalf of a three-judge panel.
The debate generates a “level of passion and intensity the likes of which have rarely been seen,” the court’s decision read.
“This debate, as uncomfortable and as unpleasant as it frequently may be, is nonetheless a good thing,” the 2nd Circuit added. “In resolving this appeal, we remind the litigants and the public that if the First Amendment means anything, it means that the best response to disfavored speech on matters of public concern is more speech, not less.”
The Department of Justice is disappointed by the ruling and is exploring possible next steps, agency spokesperson Kelly Laco said.
“As we argued, President Trump’s decision to block users from his personal twitter account does not violate the First Amendment,” Laco said in an emailed statement.
Appeal options include asking the panel to reconsider, or seeking a reversal from the full 2nd Circuit or from the U.S. Supreme Court.
The decision came in a case brought by the Knight First Amendment Institute at Columbia University. It had sued on behalf of seven individuals blocked by Trump after criticizing his policies. |
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