South Dakota and Flandreau Santee Sioux tribe clash in court

Court News 2017/05/14 21:36   Bookmark and Share
The Flandreau Santee Sioux tribe is suing South Dakota over the state's interpretation that contractors working on an expansion of the Royal River Casino are required to pay contractor excise taxes to the state.

The Argus Leader reported that the lawsuit alleges it's an intrusion into tribal sovereignty and is conflicting with U.S. laws that regulate commerce on reservations.

"The economic burden and the intrusion into tribal sovereignty interfere and are incompatible with the federal and tribal interests in promoting tribal self-government, self-sufficiency and economic development," the lawsuit said.

The lawsuit is the latest clash between the tribe and the state. The tribe's casino has often been a flashpoint for disputes.

The Flandreau started expanding the casino after Gov. Dennis Daugaard agreed to allow the tribe to double the number of slots it had there. The tribe agreed to increase payments to Moody County to offset law enforcement expenses.

Daugaard's chief of staff, Tony Venhuizen, said the tribe doesn't collect the contractors' excise tax.

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Indian tycoon Vijay Mallya guilty of disobeying top court

Court News 2017/05/10 21:37   Bookmark and Share
India's top court on Tuesday found wanted tycoon Vijay Mallya guilty of disobeying its order barring him from transferring $40 million to his children.

Mallya, who fled to London last year, is wanted in India on charges of money laundering and bank demands that he pay back more than a billion dollars in loans extended to his now-defunct airline. India has been seeking his extradition over the charges, which Mallya denies.

The Supreme Court in its ruling Tuesday acted on a plea by Indian banks, who said Mallya received $40 million from the British firm Diageo and transferred it to his son and two daughters illegally. The court asked Mallya to appear before it in July to decide the punishment.

Mallya was famous for his flashy lifestyle and lavish parties attended by fashion models and Bollywood stars. He was once hailed as India's version of British tycoon Richard Branson for his investments in a brewing and liquor company, an airline, a Formula One team and an Indian Premier League cricket club.

He ran into trouble when he failed to return millions of dollars of loans and left India last year amid attempts by a group of banks to recover the money.

India's External Affairs Ministry says Britain is still considering its request to issue a warrant for Mallya and to extradite him.
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Trump 'absolutely' considered breaking up 9th Circuit Court

Court News 2017/05/03 08:37   Bookmark and Share
President Donald Trump, still chafing over rulings blocking his travel ban early this year, says he's considered breaking up the West Coast-based 9th Circuit Court of Appeals.

Asked during a White House interview by the Washington Examiner if he'd thought about proposals to break up the court, Trump replied, "Absolutely, I have." He added that "there are many people that want to break up the 9th Circuit. It's outrageous."

The comments echoed his Twitter criticism of the court Wednesday morning.

Trump called U.S. District Judge William Orrick's preliminary injunction against his order stripping money from sanctuary cities "ridiculous" on Twitter. He said that he planned to take that case to the Supreme Court. But an administration appeal of the district court's decision would go first to the 9th Circuit.

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Court: Gay couple's suit against Kentucky clerk can proceed

Court News 2017/05/02 08:37   Bookmark and Share
A federal appeals court says a gay couple's lawsuit seeking damages from a Kentucky county clerk who refused to issue them a marriage license can proceed. The ruling revives an issue that pulled the state into the center of a national debate over same-sex marriages following a historic Supreme Court ruling.

David Ermold and David Moore tried to get a marriage license in Rowan County, Kentucky, in June 2015 after the U.S. Supreme Court ruled same-sex marriage bans were unconstitutional. But Kim Davis, the county clerk, refused to issue them a license because she said it violated her religious beliefs.

Ermold and Moore sued, along with several other couples. Davis lost, and spent five days in jail for refusing to follow a court order. The dispute thrust the embattled clerk into the national limelight and prompted same-sex marriage opponents across the country to rally behind her. A Republican congressman from Ohio gave her a ticket to former President Barack Obama's State of the Union address. And she met with Pope Francis in Washington, although that encounter quickly sent the Vatican scrambling to distance itself from the controversy.

Davis has since changed her party affiliation to Republican, saying the Democratic Party had abandoned her. Ermold and Moore want Davis to pay damages for the emotional distress caused by her refusal to issue them a license. Ermold and Moore were not the first couple to be denied a license. But they filmed their rejection and uploaded it to YouTube, which has been viewed more than 1.8 million times.

Liberty Counsel, a Florida-based law firm specializing in religious-liberty issues, has represented Davis throughout the case. The firm also represents former Alabama Supreme Court Chief Justice Roy Moore, who ordered state probate judges to continue to enforce that state's ban on same-sex marriage despite the U.S. Supreme Court ruling. Moore was removed from his post because of his order. He is now running for U.S. Senate.

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Supreme Court bans Jehovah's Witnesses in Russia

Court News 2017/04/21 11:12   Bookmark and Share
Russia's Supreme Court has banned the Jehovah's Witnesses from operating in the country, accepting a request from the justice ministry that the religious organization be considered an extremist group.

The court ordered the closure of the group's Russia headquarters and its 395 local chapters, as well as the seizure of its property.

The Interfax news agency on Thursday quoted Justice Ministry attorney Svetlana Borisova in court as saying that the Jehovah's Witnesses "pose a threat to the rights of the citizens, public order and public security."

The Jehovah's Witnesses claim more than 170,000 adherents in Russia. The group has come under increasing pressure over the past year, including a ban on distributing literature deemed to violate Russia's anti-extremism laws.

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Not guilty pleas entered for accused in Canada polygamy case

Court News 2017/04/19 11:12   Bookmark and Share
The trial of two Canadian men from a fundamentalist sect that allows men to have multiple wives opened Tuesday with not guilty pleas being entered on charges of practicing polygamy.

Winston Blackmore and James Oler each face one count of polygamy. Both men have served as bishops for the religious settlement of Bountiful, British Columbia which follows the teachings of the Fundamentalist Church of Jesus Christ and Latter-Day Saints, often referred to as the FLDS.

Oler is accused of having four wives. He pleaded not guilty. Blackmore remained mute and Justice Sheri Ann Donegan said a not guilty plea would be entered on his behalf. Blackmore is accused of marrying 24 women over 25 years.

Blackmore's lawyer, Blair Suffredine, said outside court his client chose to say nothing for religious reasons.

"He doesn't want to deny his faith. He doesn't feel guilty," Suffredine said. "The technical way around that is don't say anything and they'll enter the plea not guilty."

Special prosecutor Peter Wilson told the court his case includes marriage records seized from the church's Yearning for Zion Ranch in Texas, which were used in 2010 to sentence leader Warren Jeffs to life in a U.S. prison for sexually assaulting two young girls.
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