Rancorous, partisan start for Kavanaugh high court hearing

Legal Business 2018/09/03 23:37   Bookmark and Share
Supreme Court nominee Brett Kavanaugh declared fervently at his Senate confirmation hearing Tuesday the court "must never, never be viewed as a partisan institution." But that was at the end of a marathon day marked by rancorous exchanges between Democrats and Republicans, including dire Democratic fears that he would be President Donald Trump's advocate on the high court.

The week of hearings on Kavanaugh's nomination began with a sense of inevitability that the 53-year-old appellate judge eventually will be confirmed, perhaps in time for the first day of the new term, Oct. 1, and little more than a month before congressional elections.

However, the first of at least four days of hearings by the Senate Judiciary Committee began with partisan quarreling over the nomination and persistent protests from members of the audience, followed by their arrests.

Strong Democratic opposition to Trump's nominee reflects the political stakes for both parties in advance of the November elections, Robert Mueller's investigation of Trump's 2016 campaign and the potentially pivotal role Kavanaugh could play in moving the court to the right.

Democrats, including several senators poised for 2020 presidential bids, tried to block the proceedings in a dispute over Kavanaugh records withheld by the White House. Republicans in turn accused the Democrats of turning the hearing into a circus.

Trump jumped into the fray late in the day, saying on Twitter that Democrats were "looking to inflict pain and embarrassment" on Kavanaugh.

The president's comment followed the statements of Democratic senators who warned that Trump was, in the words of Sen. Richard Blumenthal of Connecticut, "selecting a justice on the Supreme Court who potentially will cast a decisive vote in his own case."

In Kavanaugh's own statement at the end of more than seven hours of arguing, the federal appeals judge spoke repeatedly about the importance of an independent judiciary and the need to keep the court above partisan politics, common refrains among Supreme Court nominees that had added salience in the fraught political atmosphere of the moment.
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Austrian court's approval for spy agency raid was illegal

Legal Business 2018/08/28 10:20   Bookmark and Share
Judges in Austria say a lower court's authorization for police to raid the offices of the country's domestic intelligence agency was illegal.

The regional court in Vienna said Tuesday that the search of the BVT spy agency on Feb. 28 wasn't justified because the necessary information could have been obtained if police had simply asked for it. It also ruled that the search of three BVT employees' homes wasn't warranted, though a fourth was.

The raid, which was part of a probe into alleged misconduct by BVT staff, sparked a political storm earlier this year.

Opposition parties accused the government of attempting to purge political enemies. The Vienna court ruling didn't rule on whether evidence seized in the raid should be destroyed.

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Kavanaugh's support for surveilling Americans raises concern

Legal Business 2018/08/27 10:21   Bookmark and Share
Supreme Court nominee Brett Kavanaugh has frequently supported giving the U.S. government wide latitude in the name of national security, including the secret collection of personal data from Americans.

It's a subject Democrats plan to grill Kavanaugh about during his confirmation hearings scheduled to begin next Tuesday. Beyond his writings as an appeals court judge, some senators suspect Kavanaugh was more involved in crafting counterterrorism policies during the George W. Bush administration than he has let on.

Kavanaugh stated in past congressional testimony that he wasn't involved in such provocative matters as warrantless surveillance and the treatment of enemy combatants in the years immediately after the Sept. 11, 2001, terrorist attacks.

But legal experts say he could shift the court on national security issues, if he is confirmed to replace retired Justice Anthony Kennedy.

Stephen Vladeck, a University of Texas law professor whose expertise includes national security and counterterrorism, cites opinions he says show Kavanaugh "is a lot less willing (than Kennedy) to look at international law as a relevant source of authority and constraint." He said on matters such as Guantanamo detention, Kavanaugh is "much more deferential to the executive branch in this context than Kennedy would have been."

Sen. Rob Portman, R-Ohio, calls Kavanaugh "incredibly well-qualified." The former U.S. trade representative and White House budget director knows Kavanaugh from their time together in the Bush administration. He said Kavanaugh "believes strongly in the Constitution" and the Bill of Rights.

"I think he's in the mainstream with regard to these issues, and frankly, I don't think it's a difference with any meaning between where he is and where the court is currently," Portman said.

Democrats facing an uphill battle in blocking Kavanaugh's nomination have focused less on his judicial counterterrorism record than whether he misled senators about his role in Bush policies while testifying in 2006 confirmation hearings.

Illinois Sen. Dick Durbin and Vermont Sen. Pat Leahy are among Democrats who want to see more records from Kavanaugh's White House days, saying news media accounts after he was seated on the U.S. Court of Appeals for the District of Columbia raised new questions. White House spokesman Raj Shah said Durbin has been doing the misleading by taking Kavanaugh's answers out of context.
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German court rules in broadcaster Nazi camp spat with Poland

Legal Business 2018/08/21 00:36   Bookmark and Share
A German court has ruled that public broadcaster ZDF can’t be forced to post a specifically worded apology demanded by a Polish court for erroneously calling two World War II Nazi camps “Polish death camps.”

ZDF used that wording in reference to the Majdanek and Auschwitz death camps in advertising a 2013 documentary. After the Polish Embassy in Berlin objected, it changed the text to “German death camps on Polish territory.”

A Polish citizen who was a former inmate of Auschwitz and the Flossenbuerg concentration camp then launched a legal battle with ZDF, which twice apologized to him for the initial error and later published an apology.

In 2016, the plaintiff secured a ruling from a court in Krakow, Poland, ordering ZDF to post on its website for one month an apology stating that the original wording was “an incorrect formulation that distorts the history of the Polish people.” The broadcaster did publish the text from Dec. 2016 to Jan. 2017, but the plaintiff considered its compliance unsatisfactory and sought to have the Polish ruling legally enforced.

Lower German courts ruled that the verdict can be enforced in Germany. But the Federal Court of Justice said that it disagreed because the required formulation would violate the broadcaster’s right to freedom of opinion.
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Court: Ban seafood caught with nets that harm tiny porpoises

Legal Business 2018/07/28 13:07   Bookmark and Share
A judge has ordered the U.S. government to ban imports of seafood caught by Mexican fisheries that use a net blamed for killing off the vaquita, the world's smallest and most-endangered porpoise.

Judge Gary Katzmann, of The U.S. Court of International Trade, on Thursday granted a motion after three environmental groups filed a lawsuit seeking a ban on seafood caught with gillnets in part of the Gulf of California, where the vaquita live.

Some scientists estimate that there could be as few as 15 of the vaquita — Spanish for "little cow" — left. The court noted that experts believe they could be extinct by 2021 without intervention.

Their numbers have been severely reduced illegal fishing and by the gillnets, which are used to catch a variety of shrimp and fish.

The nets are hung in the water to catch seafood. The Mexican government has banned their use in some areas and for some species, but allows it for other species.

There also is illegal fishing in the vaquitas habitat for the Mexican totoaba fish, which goes for high prices because its swim bladder is considered a delicacy in China and reputed to boost fertility.

The Justice Department, which had opposed the ban, did not immediately answer an email seeking comment.

The groups that filed the suit are the Natural Resources Defense Council, the Center for Biological Diversity and the Animal Welfare Institute.
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Tennessee abortion change vote case appealed to high court

Legal Business 2018/07/23 23:22   Bookmark and Share
Opponents of a state constitutional amendment that passed in 2014 to allow tougher abortion restrictions are appealing to the U.S. Supreme Court after a circuit appellate court denied a recount.

The appeal in the Amendment 1 case was filed earlier this month.

A 6th U.S. Circuit Court of Appeals opinion in January said the state's vote tabulating method was reasonable and true to the meaning of the state constitution and didn't infringe on plaintiffs' voting rights.

The order overturned an April 2016 district court ruling that sided with eight voters that sued the state by ordering the recount. The judge called Tennessee's vote-counting unconstitutional and fundamentally unfair. The recount was put on hold pending the appeal.

Tennessee officials have said they followed their longstanding practice of counting amendment votes.
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