|
|
|
UK Supreme Court criticizes Northern Ireland abortion laws
Law News |
2018/06/07 16:53
|
Britain's Supreme Court on Thursday criticized Northern Ireland's strict anti-abortion laws but dismissed a legal challenge.
A majority of the court decided that the Northern Ireland Human Rights Commission, which initiated the case, did not have the standing to bring the challenge to the abortion law. The court dismissed the case without taking action.
The justices went on to say, however, that a majority finds Northern Ireland's abortion prohibitions "disproportionate" and that they violate European human rights laws.
That part of the ruling gave hope to abortion rights activists seeking to liberalize Northern Ireland's laws. Strict Northern Ireland laws that prohibit abortions in cases of pregnancy as a result of incest or rape, and in cases when the fetus has a likely fatal abnormality, have drawn scrutiny since the Republic of Ireland voted overwhelmingly in May to repeal its own strict laws.
When Ireland replaces the constitutional ban with more liberal legislation after a debate in parliament, Northern Ireland will be the only remaining region in Britain and Ireland to outlaw the procedure.
Rosa Curling, from the law firm Leigh Day that helped bring the legal challenge, called the court's ruling "a momentous day for women in Northern Ireland" and said it is now up to British Prime Minister Theresa May to take action to ease the laws.
She said May has an obligation to make sure the U.K. government is "now longer acting unlawfully by breaching the human rights of women across Northern Ireland."
However, the fact that the Supreme Court dismissed the case because of doubts about the Human Rights Commission's right to bring it means the judges' views on the anti-abortion laws do not have legal force, which is reassuring for abortion foes.
|
|
|
|
|
|
|
Congressional Dems take Trump to court over foreign favors
Law News |
2018/06/05 16:52
|
Lawyers representing nearly 200 Democrats in Congress plan to argue in federal court Thursday that President Donald Trump is violating the Constitution by accepting foreign state favors without first seeking congressional approval.
The case argues that the president has received foreign government favors, such as Chinese government trademarks for his companies, payments for hotel room stays and event space rentals by representatives of Saudi Arabia and Kuwait, and proceeds from Chinese or Emirati-linked government purchases of office space in Trump Tower.
Ethics experts say the constitutional emoluments clause was created by the Founding Fathers to ensure that government officials act with the interests of the American public in mind instead of their own pocketbooks. Since then, it has been applied to the lowest of government of officials up to the president without a court challenge.
"This argument on Thursday will essentially put to the test the proposition that no one is above the law, not even the president," said Sen. Richard Blumenthal, a Connecticut Democrat who is leading the effort. "He's thumbed his nose at the plain text and in doing so he's thumbed his nose at the American people."
Unlike prior presidents, Trump chose not to divest from his assets and he remains the owner of the Trump Organization, a sprawling business empire with 550 entities in more than 20 countries that include branded hotels, golf courses, licensing deals and other interests. His Washington, D.C., hotel just steps from the White House has become a magnet for foreign governments, including groups tied to Kuwait, Bahrain, Turkey, Malaysia and Saudi Arabia.
|
|
|
|
|
|
|
The Latest: Colorado governor announces Supreme Court pick
Law News |
2018/05/31 16:50
|
Gov. John Hickenlooper has named Carlos Samour to the Colorado Supreme Court, filling a vacancy left by Chief Justice Nancy Rice's imminent retirement.
Samour, a judge in the 18th Judicial District in Arapahoe County, is best known for presiding over the Aurora theater shooting trial in 2015.
Samour was raised in El Salvador, where his father was also a judge. Hickenlooper said his family fled the country when Samour was 13 because his father feared retaliation for finding a military official guilty.
"His father was ousted from his judicial position and his home was riddled by bullets because his father chose to faithfully apply the laws of that country," said Hickenlooper, a Democrat.
Samour was chosen from three nominees after Rice in March announced her plans to retire at the end of June. She will have served more than four years as chief justice, nearly 20 years on the court and about 31 years total as a judge in Colorado.
Gov. John Hickenlooper on Wednesday plans to announce his choice to fill a vacancy on the Colorado Supreme Court.
Earlier this month, a judicial nominating commission gave the governor three judges to choose from, after Chief Justice Nancy Rice announced her retirement.
The nominees are Maria Berkenkotter, the former chief judge of the 20th Judicial District in Boulder County; Karen Brody, a judge in the 2nd Judicial District in Denver County; and Carlos Samour, a judge in the 18th Judicial District in Arapahoe County.
|
|
|
|
|
|
|
Supreme Court limits warrantless vehicle searches near homes
Law News |
2018/04/24 16:48
|
The Supreme Court is putting limits on the ability of police to search vehicles when they do not have a search warrant.
The court sided 8-1 Tuesday with a Virginia man who complained that police walked onto his driveway and pulled back a tarp covering his motorcycle, which turned out to be stolen. They acted without a warrant, relying on a line of Supreme Court cases generally allowing police to search a vehicle without a warrant.
The justices said the automobile exception does not apply when searching vehicles parked adjacent to a home.
The court ruled in the case of Ryan Collins, who was arrested at the home of his girlfriend in Charlottesville, Virginia. Collins had twice eluded police in high-speed chases in which he rode an orange and black motorcycle.
The authorities used Collins' Facebook page to eventually track the motorcycle to his girlfriend's home.
Collins argued that police improperly entered private property uninvited and without a warrant.
Virginia's Supreme Court said the case involved what the Supreme Court has called the "automobile exception," which generally allows police to search a vehicle without a warrant if they believe the vehicle contains contraband.
Justice Sonia Sotomayor said for the court Tuesday that the state court was wrong. Sotomayor said that constitutional protections for a person's home and the area surrounding it, the curtilage, outweigh the police interest in conducting a vehicle search without a warrant.
Dutch court says time ripe for law to recognize 3rd gender
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."
|
|
|
|
|
|
|
Trump's personal attorney has dropped a pair of libel suits
Law News |
2018/04/18 12:53
|
President Donald Trump's personal attorney dropped a pair of libel lawsuits against BuzzFeed and investigation firm Fusion GPS amid the stir caused by an FBI search of the lawyer's files.
Michael Cohen had sued in New York City over publication of the unverified dossier detailing alleged ties between Trump and Russia. He dropped the suits late Wednesday amid a separate legal battle over the seizure of documents and electronic files from his home, office and hotel room last week in a federal investigation of possible financial fraud.
The dossier claims that Cohen met with Russian operatives in Europe for a meeting to "clean up the mess" over disclosures of other Trump associates' reported ties to Russia.
Cohen's attorney, David Schwartz, said Thursday the decision to abandon the suits was difficult.
"We believe the defendants defamed my client, and vindicating Mr. Cohen's rights was - and still remains - important," he said in a statement. "But given the events that have unfolded, and the time, attention and resources needed to prosecute these matters, we have dismissed the matters, despite their merits."
In a statement, BuzzFeed called the suit against it meritless.
"Today's news suggests that Donald Trump's personal lawyer no longer thinks an attack on the free press is worth his time," it said.
Fusion GPS said in a statement that it welcomed Cohen's decision.
"With his decision, it appears that Mr. Cohen can now focus on his many other legal travails," it said. |
|
|
|
|
|
Legal News RSS Feed
