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Missouri death row inmate asks US Supreme Court to intervene
Legal Business |
2018/12/28 01:12
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A Missouri death row inmate who lost substantial brain tissue during a surgery plans to ask the U.S. Supreme Court to review his case, saying his planned execution by lethal injection could subject him to severe pain.
The Columbia Daily Tribune reported Thursday that Ernest Lee Johnson plans to argue that the loss of brain tissue could mean he has seizures and severe pain in reaction to Missouri’s execution drug.
Johnson was sentenced to death for killing three convenience store workers during a Columbia robbery in 1994.
Johnson’s appeal is moving through lower courts. But Johnson’s attorneys plan to ask the U.S. Supreme Court to intervene because the high court is currently considering a similar case of another Missouri death row inmate with a rare medical condition that causes blood-filled tumors.
Both argue complications with their conditions and the execution drug could lead to cruel and unusual punishment. |
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Colorado baker returns to court over 2nd LGBT bias allegation
Legal Business |
2018/12/15 11:12
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Attorneys for a Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stand partially upheld by the U.S. Supreme Court — argued in federal court Tuesday that the state is punishing him again over his refusal to bake a cake celebrating a gender transition.
Lawyers for Jack Phillips, owner of Masterpiece Cakeshop in suburban Denver, are suing to try to stop the state from taking action against him over the new discrimination allegation. They say the state is treating Phillips with hostility because of his Christian faith and pressing a complaint that they call an "obvious setup."
"At this point, he's just a guy who is trying to get back to life. The problem is the state of Colorado won't let him," Jim Campbell, an attorney for the Alliance Defending Freedom, said after the hearing. The conservative Christian nonprofit law firm is representing Phillips.
State officials argued for the case to be dismissed, but the judge said he was inclined to let the case move forward and would issue a written ruling later.
The Colorado Civil Rights Commission said Phillips discriminated against Denver attorney Autumn Scardina because she's transgender. Phillips' shop refused to make a cake last year that was blue on the outside and pink on the inside after Scardina revealed she wanted it to celebrate her transition from male to female.
She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips' appeal of the previous commission ruling against him. In that 2012 case, he refused to make a wedding cake for same-sex couple Charlie Craig and Dave Mullins.
The Supreme Court ruled in June that the Colorado commission showed anti-religious bias when it sanctioned Phillips for refusing to make the cake, voting 7-2 that it violated Phillips' First Amendment rights. |
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EU court adviser: Britain could change its mind on Brexit
Legal Business |
2018/12/06 14:06
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A top official at the European Union's highest court advised Tuesday that Britain can unilaterally change its mind about leaving the European Union, boosting hopes among to pro-EU campaigners in the U.K. that Brexit can be stopped.
Prime Minister Theresa May's government insists it will never reverse the decision to leave, but May faces a tough battle to win backing in Parliament before lawmakers vote next week on whether to accept or reject the divorce agreement negotiated with the bloc. Defeat would leave the U.K. facing a chaotic "no-deal" Brexit and could topple the prime minister, her government, or both.
Advocate General Manuel Campos Sanchez-Bordona told the European Court of Justice that a decision by the British government to change its mind about invoking the countdown to departure would be legally valid. The advice of the advocate general is often, but not always, followed by the full court.
The court is assessing the issue under an accelerated procedure, since Britain is due to leave the bloc on March 29. The final verdict is expected within weeks.
Britain voted in 2016 to leave the 28-nation bloc, and invoked Article 50 of the EU's Lisbon Treaty in March 2017, triggering a two-year exit process. Article 50 is scant on details — largely because the idea of any country leaving the bloc was considered unlikely — so a group of Scottish legislators asked the courts to rule on whether the U.K. can pull out of the withdrawal procedure on its own.
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Ginsburg, 85, hospitalized after fracturing 3 ribs in fall
Legal Business |
2018/11/08 05:10
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Eighty-five-year-old Supreme Court Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital, the court said Thursday.
The court’s oldest justice fell Wednesday evening, the court said. She called Supreme Court police to take her to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight, court spokeswoman Kathy Arberg said.
She was admitted to the hospital for treatment and observation after tests showed she fractured three ribs.
In her absence, the court went ahead Thursday with a courtroom ceremony welcoming new Justice Brett Kavanaugh, who joined the court last month. President Donald Trump and new acting Attorney General Matthew Whitaker were on hand.
Ginsburg has had a series of health problems. She broke two ribs in a fall in 2012. She has had two prior bouts with cancer and had a stent implanted to open a blocked artery in 2014. She also was hospitalized after a bad reaction to medicine in 2009.
But she has never missed Supreme Court arguments. The court won’t hear arguments again until Nov. 26.
Rib fractures are common among older adults, particularly after falls. The severity depends in part on whether the ribs are cracked or broken all the way through, and how many are broken. The extent of Ginsburg’s injury was not clear.
A complete break requires making sure the two ends are in alignment, so that a sharp piece of bone doesn’t puncture nearby blood vessels or organs. Broken ribs typically heal on their own in six weeks to a month, and patients are advised to limit strenuous activity. But they can be very painful and controlling pain is key. A chief complication is pneumonia, when patients don’t breathe deeply enough or cough enough because of the rib pain.
Appointed by President Bill Clinton in 1993, Ginsburg rebuffed suggestions from some liberals that she should step down in the first two years of President Barack Obama’s second term, when Democrats also controlled the Senate and would have been likely to confirm her successor.
She already has hired clerks for the term that extends into 2020, indicating she has no plans to retire. Ginsburg leads the court’s liberal wing. |
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Young climate activists say their lawsuit should go to trial
Legal Business |
2018/10/21 11:30
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Young activists who are suing the U.S. government in a high-profile climate change lawsuit say the case poses important constitutional questions that should be fully evaluated at trial next week.
The 21 young people issued a response Monday after the U.S. Supreme Court temporarily put the trial on hold. Lawyers for the young people, ages 11 to 22, argue that the move "will disrupt the integrity of the judiciary's role as a check on the political branches and will irreparably harm these children."
The trial had been set to start Oct. 29 in federal court in Eugene, Oregon. The lawsuit filed in 2015 argues that government officials have known for more than 50 years that carbon pollution from fossil fuels was causing climate change and that policies on oil and gas deprive the young people of life, liberty and property.
They also say the government has failed to protect natural resources as a "public trust" for future generations. The lawsuit wants a court to order the government to take action to quickly phase out carbon dioxide emissions to a certain level by 2100 and develop a national climate recovery plan.
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