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High Court rules against Northern Ireland's abortion law
Legal Business |
2015/11/30 23:01
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A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.
Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.
John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.
Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.
Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."
Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.
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South African appeals court nears Pistorius ruling
Legal Business |
2015/11/30 23:01
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An official says a top South African appeals court is finalizing a decision on whether to send Oscar Pistorius back to prison by overturning a lower court's manslaughter conviction and finding the double-amputee Olympian guilty of murdering girlfriend Reeva Steenkamp.
Paul Myburgh, registrar of the Supreme Court of Appeal, told The Associated Press on Monday that no date for the ruling has been announced.
Eyewitness News, a South African media outlet, says a ruling is expected this week. It cites unnamed court officials.
Pistorius, 29, was released from jail on Oct. 19 after serving a year in prison and is under house arrest.
Prosecutors say Pistorius shot Steenkamp during an argument on Valentine's Day 2013. The defense says Pistorius killed Steenkamp by mistake, thinking an intruder was in his house.
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Court reinstates lawsuit over NYPD surveillance of Muslims
Legal Business |
2015/10/14 00:12
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A federal appeals court has reinstated a lawsuit challenging the New York Police Department's surveillance of Muslim groups following the Sept. 11, 2001, terrorist attacks.
Tuesday's 3rd Circuit Court of Appeals ruling reverses the decision of a New Jersey federal judge who dismissed the case last year.
The appellate panel found the Muslim plaintiffs had raised sufficient allegations of equal-protection violations to warrant the case going forward.
The judges compared the NYPD's alleged practices to blanket scrutiny of Japanese-Americans during World War II and blacks during the civil rights movement
The city blamed The Associated Press, whose reporting exposed the surveillance program, for any harm to the plaintiffs.
The lower court judge agreed with that argument, but the appeals panel said the city was the cause of any harm.
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Idaho high court upholds law banning horse racing terminals
Legal Business |
2015/09/11 18:28
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Idaho's highest court says the state must enforce legislation banning lucrative instant horse racing terminals after ruling that Gov. C.L. "Butch" Otter's veto of the bill was invalid.
The decision is a blow to Idaho's horse racing industry, where officials have pleaded that the machines are vital to keeping their businesses afloat.
In a unanimous decision issued Thursday, the court ruled that the ban must go into effect because Otter did not complete the veto within the required five-day time span. In Idaho, a bill automatically becomes law — even if the governor doesn't sign it — unless it is vetoed within the legal timeframe.
"This pivotal decision reaffirms that even Idaho's highest elected officials must follow the Constitution," said Coeur d'Alene Tribe Chief James Allan, chairman of the tribe that filed the lawsuit against the state, prompting the court's ruling. The tribe, which profits from its own video gaming on the reservation and faced competition from the new horse racing versions, said it was "extremely happy" with the ruling.
Secretary of State Lawerence Denney must now certify the law, which will make the machines illegal. He did not immediately return calls from The Associated Press on when he will certify it. There are currently about 250 machines installed in three locations across Idaho.
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U.S. military chooses rarely-used charge for Bergdahl
Legal Business |
2015/09/08 18:28
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Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against U.S. Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan.
Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home. He was -- as well as misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.
Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he "left without authority; and wrongfully caused search and recovery operations."
Observers say the misbehavior charge allows authorities to allege that Bergdahl not only left his unit with one less soldier, but that his deliberate action put soldiers who searched for him in harm's way. The Pentagon has said there is no evidence anyone died searching for Bergdahl.
"You're able to say that what he did had a particular impact or put particular people at risk. It is less generic than just quitting," said Lawrence Morris, a retired Army colonel who served as the branch's top prosecutor and top public defender.
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