Ginsburg, 85, hospitalized after fracturing 3 ribs in fall

Legal Interview 2018/11/08 15:03   Bookmark and Share
Eighty-five-year-old Supreme Court Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital, the court said Thursday.

The court’s oldest justice fell Wednesday evening, the court said. She called Supreme Court police to take her to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight, court spokeswoman Kathy Arberg said.

She was admitted to the hospital for treatment and observation after tests showed she fractured three ribs.

In her absence, the court went ahead Thursday with a courtroom ceremony welcoming new Justice Brett Kavanaugh, who joined the court last month. President Donald Trump and new acting Attorney General Matthew Whitaker were on hand.

Ginsburg has had a series of health problems. She broke two ribs in a fall in 2012. She has had two prior bouts with cancer and had a stent implanted to open a blocked artery in 2014. She also was hospitalized after a bad reaction to medicine in 2009.

But she has never missed Supreme Court arguments. The court won’t hear arguments again until Nov. 26.

Rib fractures are common among older adults, particularly after falls. The severity depends in part on whether the ribs are cracked or broken all the way through, and how many are broken. The extent of Ginsburg’s injury was not clear.

A complete break requires making sure the two ends are in alignment, so that a sharp piece of bone doesn’t puncture nearby blood vessels or organs. Broken ribs typically heal on their own in six weeks to a month, and patients are advised to limit strenuous activity. But they can be very painful and controlling pain is key. A chief complication is pneumonia, when patients don’t breathe deeply enough or cough enough because of the rib pain.

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Maldives court overturns prison term for ex-president

Legal Interview 2018/10/20 14:12   Bookmark and Share
A high court in the Maldives on Thursday overturned a prison sentence for the country's former strongman, who had been jailed for not cooperating with a police investigation into allegations he was trying to overthrow the government.

The court set aside the jail term of one year, seven months and six days imposed by the Criminal Court on ex-President Maumoon Abdul Gayoom.

Maumoon was jailed in June for not handing over his cellphone to investigators after being accused of being part of a plan to overthrow his half-brother, outgoing President Yameen Abdul Gayoom. Maumoon was among dozens of political opponents and officials jailed by Yameen during his five-year rule after trials criticized for alleged lack of due process.

Yameen lost last month's presidential election to joint opposition candidate Ibrahim Mohamed Solih. The court ruled Thursday that the lower court did not follow correct trial procedures.
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Court orders some fixes in Texas foster care

Legal Interview 2018/10/16 14:13   Bookmark and Share
A federal appeals court says Texas must make improvements to abuse investigations within its foster care system and make sure workers have manageable caseloads, but the court also struck down dozens of other measures ordered by a judge.

The 5th U.S. Circuit Court of Appeals issued the ruling Thursday in a years-long case focused on children in the state’s long-term care. U.S. District Judge Janis Graham Jack had ordered sweeping changes earlier this year. Jack’s order followed a December 2015 opinion in which she ruled the system unconstitutionally broken and said children labeled permanent wards of the state “almost uniformly leave state custody more damaged than when they entered.”

The appeals court judges said they understood Jack’s frustration with the state failing to fix problems and agreed that “remedial action is appropriate.”

But the judges said her order went “well beyond” what’s necessary for constitutional compliance.

So while the appeals court said Texas was “deliberately indifferent” to the risk of harm posed by high caseloads and ordered the Texas Department of Family and Protective Services to come up with guidelines for manageable caseloads, the judges nixed Jack’s instruction for all sexualized children — either aggressor or victim — to be placed in a single-child home.
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Court: Doctor in Spain abducted newborn 49 years ago

Legal Interview 2018/10/08 10:52   Bookmark and Share
A Spanish court ruled Monday that a doctor stole a newborn child nearly five decades ago, one of the many abducted during Spain's 20th-century dictatorship, but cleared him because the statute of limitations had expired.

The Madrid court said 85-year-old gynecologist Eduardo Vela could not be punished because one of those who were stolen, plaintiff Ines Madrigal, did not make her complaint until 2012, more than a decade after the gravest crime had taken place.

The court did find, however, that Vela was responsible for abducting Madrigal in 1969, faking her birth by her adoptive parents and forging official documents.

Monday's verdict is Spain's first in relation to the wide-scale child trafficking that took place from the onset of the country's Civil War in 1936 to the death of dictator Gen. Francisco Franco in 1975.

The right-wing regime waged a campaign to take away the children of poor families, prisoners or political enemies, sometimes stripping women of their newborns by lying and saying they had died during labor. The children were then given to pro-Franco families or the church, who educated the children on the regime's ideology and on Roman Catholicism.

Vela, the director of a Madrid clinic considered to be at the epicenter of the scandal, denied the accusations during this year's trial.

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UN court asked to probe Venezuela; leader defiant in speech

Legal Interview 2018/09/29 01:04   Bookmark and Share
Six nations made the unprecedented move Wednesday of asking the U.N.’s International Criminal Court to investigate Venezuela for possible crimes against humanity, even as President Nicolas Maduro made an unexpected trip to the world body’s headquarters to deliver a nearly hourlong speech declaring his nation “will never give in.”

Maduro’s speech at the General Assembly gathering of world leaders came hours after Argentina, Chile, Colombia, Peru, Paraguay and Canada formally asked the ICC to investigate Venezuela on a range of possible charges, from murder to torture and crimes against humanity.

“To remain indifferent or speculative in front of this reality could be perceived as being complicit with the regime. We are not going to be complicit,” said Paraguayan Foreign Minister Andres Rodriguez Pedotti.

The six countries hope the move puts new pressure on Maduro to end the violence and conflict that have sent more than 2 million people fleeing and made Venezuela’s inflation and homicide rates among the highest in the world.

Venezuelan officials have widely rejected international criticism, saying they’re driven by imperialist forces led by the U.S. to justify launching an invasion. And Maduro sounded a defiant tone Wednesday night, complaining that Washington was attacking his country through sanctions and other means and strong-arming other countries into going along in a “fierce diplomatic offensive.”

“The U.S. wants to continue just giving orders to the world as though the world were its own property,” Maduro said. “Venezuela will never give in.”

But at the same time, he said he was willing to talk with Trump.

Wednesday marked the first time that member countries have referred another country to the Netherlands-based U.N. court.

Canada was among nations referring Venezuela to the ICC, and Prime Minister Justin Trudeau seized the moment to defend the idea of global justice the court represents — the day after Trump attacked it in a stinging speech that challenged multilateral organizations.

Its chief prosecutor, Fatou Bensouda, already has opened a preliminary investigation into allegations that Venezuelan government forces since April 2017 “frequently used excessive force to disperse and put down demonstrations,” and abused some opposition members in detention.
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Audit: West Virginia Supreme Court skirted pay law

Legal Interview 2018/09/06 11:53   Bookmark and Share
A new legislative audit report says West Virginia's Supreme Court skirted state law concerning pay for senior status judges.

News outlets report the audit released last week found 10 senior-status judges were authorized overpayments. State law prohibits them from making more than active circuit judges. The audit said that to circumvent the law, Supreme Court officials began converting senior status judges from employees to independent contractors.

The audit by the Legislative Auditor's Office Post Audit Division also pegged renovations for Supreme Court offices between 2012 and 2016 at $3.4 million, including $1.9 million for the five justices' chambers. Auditors say invoices for renovations to the court's law library and administrative offices were not made available.

Four justices who were impeached by the House of Delegates are due to go before the state Senate on Tuesday.
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