Foreign maids lose court fight for HK residency

Court Watch 2013/03/25 15:12   Bookmark and Share
Hong Kong's top court ruled against two Filipino domestic helpers seeking permanent residency Monday, the final decision in a case that affects tens of thousands of other foreign maids in the southern Chinese financial hub.

In a unanimous ruling, the Court of Final Appeal sided with the government's position that tight restrictions on domestic helpers mean they don't have the same status as other foreign residents, who can apply to settle permanently after seven years. Lawyers for the two had argued that an immigration provision barring domestic workers from permanent residency was unconstitutional.

The court also rejected the government's request for Beijing to have the final say in the matter, which had sparked fears of interference by China's central government in the semiautonomous region. Some saw the request as a backhanded attempt by the government to get Beijing to halt the flow of another group of unwanted migrants - children of mainland Chinese parents - while putting the city's prized judicial independence at risk.
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Church bomb plot suspect charged in federal court

Court Watch 2013/02/08 13:13   Bookmark and Share
An Illinois man charged with plotting to firebomb dozens of churches in northeastern Oklahoma with Molotov cocktails will be tried in federal — not state — court, authorities announced Wednesday.

A federal grand jury indictment unsealed Wednesday charges 24-year-old Gregory Arthur Weiler II of Elk Grove Village, Ill., with one count of possessing an unregistered, destructive device — a crime punishable by up to 10 years in prison and up to a $250,000 fine, said Joseph F. Wilson, the criminal chief for the U.S. attorney's office in the northern district of Oklahoma.

State charges against Weiler were dropped Wednesday after he was taken into federal custody, Ottawa County District Attorney Eddie Wyant said.

Weiler had been jailed in Miami, Okla., since October, when authorities arrested and charged him with threatening to use an explosive or incendiary device and violating Oklahoma's anti-terrorism law. Investigators say Weiler had instructions for making Molotov cocktails, a list of 48 churches and a written outline of a plan to bomb churches.

Authorities were tipped to the alleged plot after a maintenance man at the motel where Weiler was staying noticed a green duffel bag in a trash bin outside the building and found bottles with cloth wicks attached with duct tape inside. He also noticed an empty gas can in the bin.
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Pentagon lawyer: War on terror not endless

Court Watch 2012/12/10 23:09   Bookmark and Share
The war on terror is not an endless conflict and the U.S. is approaching a "tipping point" after which the military fight against al-Qaida will be replaced by a law enforcement and intelligence operation, the Pentagon's top lawyer has said.

Jeh Johnson told an audience at Oxford University that the core of al-Qaida is "degraded, disorganized and on the run," according to a transcript of Friday's speech.

Johnson, general counsel to the U.S. Defense Department, said that once most al-Qaida members are captured or killed, armed conflict would be replaced by "a counterterrorism effort against individuals" led by law enforcement and intelligence agencies.

His speech to the Oxford Union debating society marked rare public comments by a senior U.S. official about the end of the armed conflict launched after the Sept. 11 attacks.

Shortly after 9/11, U.S. legislators passed a law that essentially granted the White House open-ended authority for armed action against al-Qaida.

Despite a promise to close the Guantanamo Bay prison camp for terror suspects, President Barack Obama has largely carried forward the anti-terrorism policies of his predecessor, George W. Bush. He authorized the raid that killed al-Qaida leader Osama bin Laden and has expanded the use of unmanned drone strikes against targets in Pakistan and Yemen.
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Court orders new look at health care challenge

Court Watch 2012/11/27 22:22   Bookmark and Share
The Supreme Court has revived a Christian college's challenge to President Barack Obama's healthcare overhaul, with the acquiescence of the Obama administration.

The court on Monday ordered the federal appeals court in Richmond, Va., to consider the claim by Liberty University in Lynchburg, Va., that Obama's health care law violates the school's religious freedoms.

The court's action at this point means only that the 4th U.S. Circuit Court of Appeals must now pass judgment on issues it previously declined to rule on.

A federal district judge rejected Liberty's claims, and a three-judge panel of the 4th Circuit voted 2-1 that the lawsuit was premature and never dealt with the substance of the school's arguments. The Supreme Court upheld the health care law in June.

The justices used lawsuits filed by 26 states and the National Federation of Independent Business to uphold the health care law by a 5-4 vote, then rejected all other pending appeals, including Liberty's.

The school made a new filing with the court over the summer to argue that its claims should be fully evaluated in light of the high court decision. The administration said it did not oppose Liberty's request.

Liberty is challenging both the requirement that most individuals obtain health insurance or pay a penalty, and a separate provision requiring many employers to offer health insurance to their workers.
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Pa. high court revisits juvenile life sentences

Court Watch 2012/09/14 10:48   Bookmark and Share
Pennsylvania's highest court is weighing how to resentence prisoners who were given automatic life sentences as juveniles.

A recent U.S. Supreme Court ruling outlaws mandatory life-without-parole sentences for juveniles.

There are nearly 500 juvenile lifers in Pennsylvania, half from Philadelphia.

The state Supreme Court will hear oral arguments Wednesday morning in a pair of representative cases.

The defendants are Ian Cunningham, serving life for a second-degree murder conviction in Philadelphia, and Qu'Eed Batts, convicted of first-degree murder in Northampton County.

Cunningham's case concerns lifers who have exhausted direct appeals but want to invoke the Supreme Court decision in new filings.

In the Batts case, lawyers will debate what term is appropriate for those sentenced to life without parole.

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Pa. city's immigration rules back in US court

Court Watch 2012/08/17 10:52   Bookmark and Share
The dispute over a northeast Pennsylvania city's attempt to crack down on illegal immigrants is back before a federal appeals court Wednesday.

The six-year case involving Hazleton returns to the 3rd U.S. Circuit Court of Appeals because of a recent Supreme Court ruling.

The city rules would fine landlords who rent to illegal immigrants and deny business permits to companies that employ them. A companion piece requires tenants to register with City Hall and pay for a rental permit.

But they've all been on hold since a federal judge struck them down, and the federal appeals court affirmed the decision, saying they usurp the federal government's power to regulate immigration.

Now a mixed decision from the Supreme Court in a related case in Arizona is sending the Pennsylvania case back to court.
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