UK Supreme Court criticizes Northern Ireland abortion laws

Legal Insight 2018/06/05 11:12   Bookmark and Share
Britain's Supreme Court on Thursday criticized Northern Ireland's strict anti-abortion laws but dismissed a legal challenge.

A majority of the court decided that the Northern Ireland Human Rights Commission, which initiated the case, did not have the standing to bring the challenge to the abortion law. The court dismissed the case without taking action.

The justices went on to say, however, that a majority finds Northern Ireland's abortion prohibitions "disproportionate" and that they violate European human rights laws.

That part of the ruling gave hope to abortion rights activists seeking to liberalize Northern Ireland's laws. Strict Northern Ireland laws that prohibit abortions in cases of pregnancy as a result of incest or rape, and in cases when the fetus has a likely fatal abnormality, have drawn scrutiny since the Republic of Ireland voted overwhelmingly in May to repeal its own strict laws.

When Ireland replaces the constitutional ban with more liberal legislation after a debate in parliament, Northern Ireland will be the only remaining region in Britain and Ireland to outlaw the procedure.

Rosa Curling, from the law firm Leigh Day that helped bring the legal challenge, called the court's ruling "a momentous day for women in Northern Ireland" and said it is now up to British Prime Minister Theresa May to take action to ease the laws.

She said May has an obligation to make sure the U.K. government is "now longer acting unlawfully by breaching the human rights of women across Northern Ireland."

However, the fact that the Supreme Court dismissed the case because of doubts about the Human Rights Commission's right to bring it means the judges' views on the anti-abortion laws do not have legal force, which is reassuring for abortion foes.
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Congressional Dems take Trump to court over foreign favors

Legal Insight 2018/06/03 11:13   Bookmark and Share
Lawyers representing nearly 200 Democrats in Congress plan to argue in federal court Thursday that President Donald Trump is violating the Constitution by accepting foreign state favors without first seeking congressional approval.

The case argues that the president has received foreign government favors, such as Chinese government trademarks for his companies, payments for hotel room stays and event space rentals by representatives of Saudi Arabia and Kuwait, and proceeds from Chinese or Emirati-linked government purchases of office space in Trump Tower.

Ethics experts say the constitutional emoluments clause was created by the Founding Fathers to ensure that government officials act with the interests of the American public in mind instead of their own pocketbooks. Since then, it has been applied to the lowest of government of officials up to the president without a court challenge.

"This argument on Thursday will essentially put to the test the proposition that no one is above the law, not even the president," said Sen. Richard Blumenthal, a Connecticut Democrat who is leading the effort. "He's thumbed his nose at the plain text and in doing so he's thumbed his nose at the American people."

Unlike prior presidents, Trump chose not to divest from his assets and he remains the owner of the Trump Organization, a sprawling business empire with 550 entities in more than 20 countries that include branded hotels, golf courses, licensing deals and other interests. His Washington, D.C., hotel just steps from the White House has become a magnet for foreign governments, including groups tied to Kuwait, Bahrain, Turkey, Malaysia and Saudi Arabia.
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Judge allows Palin's son therapeutic court for proceedings

Legal Insight 2018/05/08 11:18   Bookmark and Share
The eldest son of former Republican vice presidential candidate Sarah Palin will go through Alaska's therapeutic court system in a criminal case accusing him of assaulting his father last year at the family home.

State District Judge David Wallace on Tuesday approved Track Palin's request to formally transfer his case to Veterans Court, which gives eligible veterans the option of enrolling in mental health treatment programs instead of a traditional sentence.

The judge also barred the media from using cameras or other recording devices during that proceeding after Track Palin's attorney filed a motion seeking to prohibit or limit media access. Wallace said he will formally rule on the matter later.

The motion to limit media access was filed Friday by Track Palin's attorney, Patrick Bergt, in an effort to ensure the case does not become a distraction to other veterans in the system.

Veterans Court program rules say veterans opt in by agreeing to plead guilty or not guilty to at least one charge.

Bergt declined to say if his client is making such a plea to get into the program, adding he can't comment on specifics of the case.
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Constitutionality of murder conviction upheld by high court

Legal Insight 2018/04/20 12:00   Bookmark and Share
The South Dakota Supreme Court has upheld the constitutionality of a man's conviction for killing his 4-year-old son.

Forty-four-year-old Chris Miller was sentenced to life in prison for the death of his son, Jacob Miller, and an additional 50 years for aggravated assault in January 2013.

Attorney General Marty Jackley says the Supreme Court found Miller failed to show his attorney was ineffective and that the jury selection process was flawed.

Court sides with sanctuary cities in fight over grants

A federal appeals court in Chicago has ruled that President Donald Trump's administration cannot withhold public safety grants from cities that don't cooperate with its immigration enforcement policies, agreeing with a temporary injunction imposed earlier this year by a lower court judge.

The decision by a three-judge panel of the 7th U.S. Circuit Court of Appeals Thursday says the administration exceeded its authority in establishing new conditions for cities to qualify for the grants.

The administration in July imposed a condition that cities receiving public safety grants must agree to inform federal agents when immigrants in the country illegally are about to be released from police detention.

All three judges agreed to the injunction Thursday, but one judge said it should be for Chicago only and not nationwide.

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Supreme Court hearing case about online sales tax collection

Legal Insight 2018/04/13 17:04   Bookmark and Share
The Supreme Court is hearing arguments about whether a rule it announced decades ago in a case involving a catalog retailer should still apply in the age of the internet.

The case on Tuesday focuses on businesses' collection of sales tax on online purchases. Right now, under the decades-old Supreme Court rule, if a business is shipping a product to a state where it doesn't have an office, warehouse or other physical presence, it doesn't have to collect the state's sales tax. Customers are generally supposed to pay the tax to the state themselves, but the vast majority don't.

States say that as a result of the rule and the growth of internet shopping, they're losing billions of dollars in tax revenue every year. More than 40 states are asking the Supreme Court to abandon the rule.

Large retailers such as Apple, Macy's, Target and Walmart, which have brick-and-mortar stores nationwide, generally collect sales tax from their customers who buy online. But other online sellers that only have a physical presence in a few states can sidestep charging customers sales tax when they're shipping to addresses outside those states.

Sellers who defend the current rule say collecting sales tax nationwide is complex and costly, especially for small sellers. That complexity was a concern for the Supreme Court when it announced the physical presence rule in a case involving a catalog retailer in 1967, a rule it reaffirmed in 1992. But states say software has now made collecting sales tax easy.

The case the court is hearing has to do with a law passed by South Dakota in 2016, a law designed to challenge the Supreme Court's physical presence rule. The law requires out-of-state sellers who do more than $100,000 of business in the state or more than 200 transactions annually with state residents to collect and turn over sales tax to the state.

The state wanted out-of-state retailers to begin collecting the tax and sued Overstock.com, home goods company Wayfair and electronics retailer Newegg. The state has conceded in court, however, that it can only win by persuading the Supreme Court to do away with its current physical presence rule.
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Democrats Claim Victory In Wisconsin's Supreme Court Race

Legal Insight 2018/04/05 21:33   Bookmark and Share
In Wisconsin Tuesday, Milwaukee County Judge Rebecca Dallet won a seat on the state Supreme Court, riding a wave of Democratic enthusiasm to victory in this (officially) nonpartisan election.

The race drew national attention, mostly from big-name Democrats from around the country who saw it as an opportunity build momentum before the general election in November.

Dallet won the seat over her opponent, Judge Michael Screnock from Sauk County, Wisc., a former conservative-activist turned lawyer.

"I think my message resonated with Wisconsinites," Dallet told supporters in Milwaukee Tuesday night. "People are tired of special interests ruling and wanted to speak up."

With the win, she will replace outgoing conservative Justice Michael Gableman, bringing the court's 5-2 conservative majority down to 4-3.

While the state's Supreme Court seats are non-partisan, candidates have long found ways to send hints about their political leanings, but this year's race was overtly partisan.

Dallet's first TV ad featured grainy black and white footage of President Donald Trump, warning voters that their values were under attack.

Her endorsements came from former U.S. Attorney General Eric Holder, former Vice President Joe Biden and New Jersey Sen. Cory Booker.

Holder's National Democratic Redistricting Committee ran ads on Dallet's behalf, and he campaigned for her last month during stops in Wisconsin. In a statement Tuesday night, Holder said, "Today, the voters of Wisconsin took a critical first step toward a state government that better reflects their needs and interests."

Screnock, meanwhile, argued Dallet's overtures to Democrats showed she would be an "activist" on the court, but Screnock himself received $300,000 from the Republican Party of Wisconsin, the most a political party has ever spent on a Supreme Court candidate in the state's history.
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