Irish trucker in court over deaths of 39 people in container

Legal Business 2020/06/24 12:26   Bookmark and Share
An Irish truck driver appeared in an English court Wednesday, accused of the manslaughter of 39 people who were found dead in a container in southeastern England in an apparent people-smuggling tragedy.

Ronan Hughes, 40, appeared by at Southend Magistrates Court, east of London, by video link from a police station, after being extradited from Ireland.

The Vietnamese nationals were found Oct. 23 in an industrial park in the English town of Grays inside a refrigerated container that had arrived by ferry from Belgium.

The victims came from impoverished villages in Vietnam and are believed to have paid people smugglers to take them on risky journeys to better lives abroad.

The truck’s driver, Maurice Robinson, 25, admitted 39 counts of manslaughter in April. He had previously pleaded guilty to conspiracy to assist unlawful immigration.

Hughes wasn't asked to enter a plea and was ordered detained until a plea hearing at London's Central Criminal Court on July 22.
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Wolf asks Pennsylvania Supreme Court to uphold shutdown

Legal Business 2020/06/12 09:46   Bookmark and Share
Democratic Gov. Tom Wolf asked the Pennsylvania Supreme Court on Friday to intervene in his dispute with legislative Republicans who have voted to end pandemic restrictions he imposed in March to slow the spread of the new coronavirus.

Republican majorities in the House and Senate, with a few Democrats in support, voted this week to end the state’s emergency disaster declaration that Wolf has used to shut down “non-life-sustaining” businesses, ban large gatherings and order people to stay at home.

Wolf asked the state’s high court to uphold the shutdown. He said that his gradual reopening plan is working, pointing to a downward trend in the number of new virus infections in Pennsylvania even as cases rise in nearly half the states.

“Pennsylvania’s measured, phased process to reopen is successful because of its cautious approach that includes factors relying on science, the advice of health experts and that asks everyone to do something as simple as wearing a mask when inside or around others outside the home,” Wolf said in a news release. “We will continue to move forward cautiously.”

Wolf has been easing restrictions in vast swaths of the state, including on Friday when he announced that another eight counties would be moving to the least restrictive “green” phase of his reopening plan. But gyms, barber shops, theaters and similar businesses in the state’s highly populated southeast corner remain closed, and many types of businesses statewide must abide by occupancy limits.

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International Criminal Court condemns US sanctions order

Legal Business 2020/06/10 09:47   Bookmark and Share
The International Criminal Court has condemned the Trump administration’s decision to authorize sanctions against court staff, saying it amounted to “an unacceptable attempt to interfere with the rule of law and the Court’s judicial proceedings.”

An executive order by U.S. President Donald Trump announced Thursday authorizes sanctions against ICC staff investigating American troops and intelligence officials and those of allied nations, including Israel, for possible war crimes in Afghanistan and elsewhere.

Trump’s order would block the financial assets of court employees and bar them and their immediate relatives from entering the United States.

The court, which has 123 member states, said in a statement released early Friday that it “stands firmly by its staff and officials and remains unwavering in its commitment to discharging, independently and impartially, the mandate” laid down in its founding treaty, the Rome Statute.

It said an attack on the Hague-based court also constitutes “an attack against the interests of victims of atrocity crimes, for many of whom the Court represents the last hope for justice.”

O-Gon Kwon, president of the court’s management and oversight mechanism, the Assembly of States Parties, also criticized the U.S. measures.

“They undermine our common endeavor to fight impunity and to ensure accountability for mass atrocities,” he said in a statement. “I deeply regret measures targeting Court officials, staff and their families.”

The Hague-based court was created in 2002 to prosecute war crimes and crimes of humanity and genocide in places where perpetrators might not otherwise face justice. The U.S. has never been an ICC member.
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Supreme Court rejects challenge to limits on church services

Legal Business 2020/05/30 11:42   Bookmark and Share
A divided Supreme Court on Friday rejected an emergency appeal by a California church that challenged state limits on attendance at worship services that have been imposed to contain the spread of the coronavirus.

Over the dissent of the four more conservative justices, Chief Justice John Roberts joined the court's four liberals in turning away a request from the South Bay United Pentecostal Church in Chula Vista, California, in the San Diego area.

The church argued that limits on how many people can attend their services violate constitutional guarantees of religious freedom and had been seeking an order in time for services on Sunday. The church said it has crowds of 200 to 300 people for its services.

Roberts wrote in brief opinion that the restriction allowing churches to reopen at 25% of their capacity, with no more than 100 worshipers at a time, “appear consistent" with the First Amendment. Roberts said similar or more severe limits apply to concerts, movies and sporting events “where large groups of people gather in close proximity for extended periods of time.”

Justice Brett Kavanaugh wrote in dissent that the restriction “discriminates against places of worship and in favor of comparable secular businesses. Such discrimination violates the First Amendment.” Kavanaugh pointed to supermarkets, restaurants, hair salons, cannabis dispensaries and other businesses that are not subject to the same restrictions. Lower courts in California had previously turned down the churches' requests.
 
The court also rejected an appeal from two churches in the Chicago area that objected to Gov. Jay Pritzker’s limit of 10 worshipers at religious services. Before the court acted, Pritzker modified the restrictions to allow for up to 100 people at a time. There were no recorded dissents.
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Texas court: Virus fear alone not enough for mail balloting

Legal Business 2020/05/27 11:42   Bookmark and Share
Texas officials fighting to block widespread mail-in voting during the pandemic claimed victory after the state's highest court ruled Wednesday that a lack of immunity to the coronavirus doesn't qualify someone to cast a ballot by mail.

The decision was unanimous by the Texas Supreme Court, which is stocked with nine Republican justices, including one who revealed last week that she had tested positive for COVID-19. Texas generally limits mail balloting only to voters who are over 65 years old or have a disability.

Justice Eva Guzman wrote the court was unified in the conclusion that “fear of contracting a disease is not a physical condition."

The Texas Democratic Party blasted the decision, and moved its hopes to a similar challenge playing out in federal court. But not all saw the decision as a total loss: the top elections lawyer in Houston, Harris County attorney Douglas Ray, said he believed the ruling leaves room for each voter to decide themselves whether they qualify, and gives clerks basically no ability to second-guess the reasoning.

In Texas, voters do not have to describe their disability when requesting a mail-in ballot.

Republican Texas Attorney General Ken Paxton, who earlier this month lost lower court decisions that would have expanded mail-in ballots to all of the state's 16 million registered voters, has argued that fear of getting the virus alone doesn't qualify as a disability. He applauded the court for keeping the status quo with just weeks until the state is set to hold primary runoff elections in July.
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Court upholds ban on in-person church services in California

Legal Business 2020/05/24 12:26   Bookmark and Share
An appeals court has upheld California Gov. Gavin Newsom’s ban on in-person church services amid the coronavirus pandemic, in a split ruling that found that government’s emergency powers override what in normal times would be fundamental constitutional rights.

The 9th Circuit Court of Appeals ruled Friday that the South Bay United Pentecostal Church in San Diego cannot reopen immediately, the Los Angeles Times reported. In this case “constitutional standards that would normally govern our review of a Free Exercise claim should not be applied,” the two judges in the majority wrote in their order.

“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a ‘(c)ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact,’” they wrote.

The decision is likely to further anger opponents who claim that California’s rules to stop the spread of the virus violate religious freedoms.


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