‘The Supreme Court Is Not Well. And the People Know It.’

Legal Insight 2019/09/04 14:45   Bookmark and Share
The Supreme Court as we once knew it?as a national institution that could at least sometimes stand apart from partisanship?died last year. The ongoing fight over its corpse spilled into public view last week.

On Thursday, 53 United States senators?every member of the Republican caucus?wrote a “letter” to the clerk of the Supreme Court assuring the justices that the Republican Party has their back. The Democrats, the senators told the Court, pose “a direct, immediate threat to the independence of the judiciary.”

The spat is about guns. The Court has granted review in a Second Amendment case entitled New York State Rifle & Pistol Association Inc. v. City of New York, New York, which (nominally) tests an obscure New York City ordinance governing how firearms owners could?note the past tense?travel with their weapons.

Under city law as it was when the case began, New Yorkers with a “premises” license had to keep their guns in their homes at all times, except when being taken to a licensed target-shooting facility for practice and training. But those facilities had to be in New York City itself. “Premises” licensees could not put their guns in their trunk and drive out of town for any reason?not to go to a gun range, not to compete in a shooting match, not to take the guns to a second home.
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Thai court acquits Red Shirts of terrorism for 2010 protests

Legal Insight 2019/08/14 09:09   Bookmark and Share
A court in Thailand on Wednesday dismissed terrorism and other charges against 24 leaders of an extended street protest in 2010 that saw key areas of central Bangkok closed off and random violence that was ended by military force.

The Bangkok Criminal Court ruled that the two-month protest by the "Red Shirt" supporters of former Prime Minister Thaksin Shinawatra, during which 91 people were killed and thousands hurt, was "a political fight, not terrorism."

Thaksin was ousted by a military coup in 2006 after being accused of corruption and abuse of power. His allies won a 2007 election, but parliamentary maneuvering installed the rival Democrat Party in power in 2008, inspiring the 2010 protest that called for Democrat Prime Minister Abhisit Vejjajiva to step down.

Thaksin's ouster set off years of sometimes violent conflict between his supporters and opponents, both of which engaged in aggressive street protests against governments led by the other's faction. During three months of street protests in 2008, Thaksin's foes - known as the Yellow Shirts - occupied the prime minister's offices, as well as Bangkok's international airport for about a week.

The casualties in 2010 included soldiers as well as protesters. Unidentified armed men in black whose weapons included grenade launchers acted as a mysterious armed auxiliary to the protesters, but it appeared that most of the dead were unarmed civilians.

The case decided Wednesday was brought by state prosecutors and more than 40 business owners affected by the Red Shirts' seizure of Bangkok's central shopping and business district, and involved charges of terrorism, criminal association, using force to damage government property, inciting unrest, possession of arms, obstruction of officials through intimidation and gathering more than 10 people to cause chaos. The defendants were acquitted of all charges.
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Suspect in Norway mosque attack bruised but smiling in court

Legal Insight 2019/08/10 09:11   Bookmark and Share
A suspected gunman accused of an attempted terrorist attack on an Oslo mosque and separately killing his teenage stepsister appeared in court on Monday looking bruised and scratched, but smiling.

The suspect did not speak, and his defense lawyer Unni Fries told The Associated Press he “will use his right not to explain himself for now.”

Philip Manshaus, 21, was arrested Saturday after entering a mosque in Baerum, an Oslo suburb, where three men were preparing for Sunday’s Eid al-Adha Muslim celebrations. Police said he was waving weapons and several shots were fired but did not specify what type of weapon was used. One person was slightly injured before people inside the Al-Noor Islamic Center held the suspect down until police arrived on the scene.

Police then raided Manshaus’ nearby house and found the body of his 17-year-old stepsister. He is also suspected in her killing, police said, but did not provide details.

The head of Norway’s domestic security agency said Monday officials had received a “vague” tip a year ago about the suspect, but it was not sufficient to act because officials had no information about any “concrete plans” of attack.

Hans Sverre Sjoevold, head of Norway’s PST agency, told a news conference that the agency and the police receive many tips from worried people every day and the information “didn’t go in the direction of an imminent terror planning.”

The suspect’s lawyer declined to comment on Norwegian media reports that Manshaus was inspired by shootings in March in New Zealand, where a gunman killed 51 people, and on Aug. 3 in El Paso, Texas, which left at least 22 dead.

The suspect smiled as he appeared in court Monday with dark bruises under both eyes and scratches across his face and neck. Police had said that he was prepared to cause deaths and more injuries but didn’t succeed because people inside the mosque helped neutralize him.

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Puerto Ricans get their 3rd governor in 6 days

Legal Insight 2019/08/04 09:16   Bookmark and Share
Justice Secretary Wanda Vazquez became Puerto Rico’s new governor Wednesday, just the second woman to hold the office, after weeks of political turmoil and hours after the island’s Supreme Court declared Pedro Pierluisi’s swearing-in a week ago unconstitutional.

Accompanied by her husband, Judge Jorge Diaz, and one of her daughters, Vazquez took the oath of office in the early evening at the Supreme Court before leaving without making any public comment. She then issued a brief televised statement late Wednesday, saying she feels the pain that Puerto Ricans have experienced in recent weeks.

“We have all felt the anxiety provoked by the instability and uncertainty,” Vazquez said, adding that she would meet with legislators and government officials in the coming days. “Faced with this enormous challenge and with God ahead, I take a step forward with no interest other than serving the people ... It is necessary to give the island stability, certainty to the markets and secure (hurricane) reconstruction funds.”

The high court’s unanimous decision, which could not be appealed, settled the dispute over who will lead the U.S. territory after its political establishment was knocked off balance by big street protests spawned by anger over corruption, mismanagement of funds and a leaked obscenity-laced chat that forced the previous governor and several top aides to resign.

But it was also expected to unleash a new wave of demonstrations because many Puerto Ricans have said they don’t want Vazquez as governor.

“It is concluded that the swearing in as governor by Hon. Pedro R. Pierluisi Urrutia, named secretary of state in recess, is unconstitutional,” the court said in a brief statement.
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Supreme Court rebuffs Alabama officer charged with murder

Legal Insight 2019/08/04 09:15   Bookmark and Share
The Alabama Supreme Court refused Friday to intervene on behalf of a Huntsville police officer charged with murder in a 2018 shooting, sending the case back to circuit court for a potential trial.

The justices turned away an appeal by officer William “Ben” Darby in a brief ruling without explanation.

Darby was on duty when he shot and killed Jeffrey Parker, 49, on April 3, 2018. Darby contended he was acting in self-defense and shouldn’t be prosecuted, but the court refused to overturn a lower court’s refusal.

The decision means the case against Darby can continue in Madison County.

Parker called authorities threatening to kill himself with a gun, police said. Darby was one of three officers who responded and shot Parker when the man wouldn’t drop his weapon, authorities said.

An internal police review board cleared Darby of wrongdoing, but grand jurors later indicted him.

During a hearing on Darby’s claim of immunity, Darby testified he fired his weapon after Parker refused his commands to lower a gun from his own head. The defense argued Darby’s actions were to protect a fellow officer, Genisha Pegues, who was talking to Parker.

He dismissed the accusations as an "absurd" attempt by his ex-protege, current President Sooronbai Jeenbekov, to silence a critical voice. Shortly before his arrest, Atambayev urged his supporters to push for Jeenbekov's ouster.

Atambayev's supporters foiled the first attempt by police to arrest him Wednesday, but police managed to overcome their resistance the following day with water cannons, stun grenades and tear gas.

Police also dispersed over 1,000 Atambayev supporters who rallied in the capital late Thursday and attempted to break into the parliament building, arresting about 40 people.
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Democratic governor getting to shape Kansas' top court

Legal Insight 2019/07/28 21:07   Bookmark and Share
The Kansas Supreme Court's chief justice plans to retire before the end of the year, allowing first-year Democratic Gov. Laura Kelly to leave a bigger mark on the state's highest court than her conservative Republican predecessors.

Chief Justice Lawton Nuss announced Friday that he would step down Dec. 17 after serving on the court since 2002 and as chief justice since 2010. During Nuss' tenure as chief justice, GOP conservatives increasingly criticized the court as too liberal and too activist for the state over rulings on abortion, capital punishment and public school funding.

His announcement came a little more than two weeks after Justice Lee Johnson, another target of criticism on the right, announced plans to retire in September. That means Kelly will have two appointments to the seven-member court since she took office in January when conservative GOP Govs. Sam Brownback and Jeff Colyer had only one appointee between them during the previous eight years.

Both justices voted repeatedly to direct legislators to increase education funding in recent years and were part of the 6-1 majority that declared in April that the state constitution protects access to abortion as a "fundamental" right. They also voted to overturn death sentences in capital murder cases, though Nuss concluded that the death penalty law itself is constitutional.
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