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North Carolina's altered legislative districts back in court
Top Court Watch |
2018/01/06 10:01
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North Carolina legislative districts are back in court again as federal judges must decide whether to accept proposed alterations by their appointed third-party expert.
A three-judge panel scheduled a hearing Friday in Greensboro to listen to why a Stanford University law professor they hired redrew boundaries the way he did. House and Senate districts drawn by Republican legislators have been in courts since 2011.
The same judicial panel previously struck down 28 districts as illegal racial gerrymanders, ultimately leading GOP legislators last summer to retool their maps. But the judges said there seemed to be lingering problems with race and constitutional violations and brought in a special master.
GOP lawyers already have said they expect to appeal to the U.S. Supreme Court if the judicial panel approves the professor's proposal.
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Court extends halt in Louisiana executions after judge dies
Top Court Watch |
2018/01/04 10:01
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A court order blocking Louisiana from carrying out any executions has been extended indefinitely after the death of the federal judge who issued it.
A lawsuit challenging the state's lethal injection protocols has kept death sentences on hold since 2014. U.S. District Judge James Brady, who died Dec. 9 after a brief illness, oversaw the lawsuit and agreed to order the temporary stay of all executions.
Brady's order was due to expire next Monday, but U.S. District Judge Shelly Dick agreed Thursday to extend it until another judge is assigned to the lawsuit.
Louisiana has 72 inmates on death row, according to state corrections department spokesman Ken Pastorick. The state's last execution was in January 2010, when it carried out a death sentence for Gerald Bordelon, who was convicted of killing his 12-year-old stepdaughter in 2002.
Drug shortages have forced the corrections department to rewrite its execution plan several times since 2010. Under the state's current execution protocols, its primary method is a single-drug injection of pentobarbital, a powerful sedative. The alternative method is a two-drug combination of the painkiller hydromorphone and the sedative midazolam.
The most recent order that Brady issued to halt executions — at the request of Louisiana Attorney General Jeff Landry — is limited to death row inmates who are plaintiffs in the litigation. But others can join the lawsuit if an execution date is set by the courts. |
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Myanmar court extends detention for 2 Reuters reporters
Top Court Watch |
2017/12/28 11:23
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A court in Myanmar extended the detention of two Reuters journalists on Wednesday and set their trial for Jan. 10 on charges of violating state secrets.
Wa Lone and Kyaw Soe Oo were arrested Dec. 12 for acquiring "important secret papers" from two policemen. The police officers had worked in Rakhine state, where abuses widely blamed on the military have driven more than 630,000 Rohingya Muslims to flee into neighboring Bangladesh. The charges are are punishable by up to 14 years in prison.
"We are just working as journalists. ... We never violate journalism ethics," Wa Lone told reporters as he and his colleague were led out of a police van into the courtroom in Mingalardon, on the outskirts of Yangon.
Their families wept as they got a chance to see them for the first time since their arrests.
"I want my husband to be free soon. And I trust him that he would never violate the law," said Wa Lone's wife, Pan Ei Mon.
U.S., U.N. and European Union officials are among others calling for their release.
Dozens of Myanmar journalists appeared at the court wearing black shirts as part of a protest against the journalists' arrests.
"We are facing the same kind of harassment under the civilian government as we did under the military government," said Thar Lun Zaung Htet, head of a local pressure group for press freedom. "It is not fair for the two journalists to be charged under the official secrets act because they were doing their job as journalists who tried to get information."
On Tuesday, authorities said they would drop charges against two Singaporean reporters and their local staff working for the Turkish state broadcaster TRT. They were arrested on Oct. 27 for allegedly flying a drone over the parliament building without permission.
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Appeals court: Trump exceeded authority with travel ban
Legal Opinions |
2017/12/28 11:22
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A federal appeals court panel has ruled that President Donald Trump once again exceeded the scope of his authority with his latest travel ban, but the judges on the 9th U.S. Circuit Court of Appeals put their decision on hold pending review by the U.S. Supreme Court, meaning the ban involving six majority Muslim countries will remain in effect.
The 77-page ruling released late Friday says Trump's proclamation makes no finding whatsoever that simply being from one of the countries cited in the ban makes someone a security risk.
Hawaii, which is suing to stop the ban, has argued that it will be harmful because families will be separated and university recruitment will be hampered.
Earlier this month, the Supreme Court lifted temporary lower court orders that had prevented the latest ban from taking effect.
The status quo was maintained when the 9th Circuit stayed its decision, said Carl Tobias, a professor at the University of Richmond School of Law.
The ruling was unusual, but it's a unique case, he said, noting the Supreme Court has not set argument dates because it has not yet decided to grant an appeal.
"Given the shockingly rapid volley of executive actions and court decisions, this is surely just the latest in a long series of battles to come." Mary Fan, a University of Washington law school professor, said about immigration ban litigation.
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Michigan High Court to Hear Arguments on Guns in Schools
Law & Court News |
2017/12/27 11:22
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Michigan's high court is expected to weigh in next year on whether school districts can ban anyone not in law enforcement from carrying guns onto school grounds.
The Michigan Supreme Court last week invited school districts and gun rights groups in a disputed lower-court decision to file written arguments. Oral arguments are expected in coming months, though a hearing date hasn't been set, the Detroit News reported.
The legal battle stems from a 2016 appellate court ruling that public schools can ban guns from their premises, citing more than two dozen state laws with language referencing "weapon-free school zones." The ruling rejected a challenge by gun rights groups and parents who are licensed to carry firearms.
Gun rights advocates said the court was wrong to find Ann Arbor Public Schools and the Clio Area School District aren't in conflict with state law, which prohibits local governments from regulating gun possession.
The Ann Arbor district banned all guns on school property and school-sponsored activities in 2015 after Ulysses Wong, a parent, openly carried a firearm into a high school music concert. Under the district's rules, bringing a gun into the school would constitute an emergency and result in evacuation or other response strategies. |
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