Trump repeats criticism of court that halted 1st travel ban
Areas of Focus | 2017/04/27 00:58
President Donald Trump is once again taking aim at a federal appeals court district that covers Western states, saying he is considering breaking up a circuit that is a longtime target of Republicans and is where his first travel ban was halted.

Yet it would take congressional action to break up the 9th U.S. Circuit Court of Appeals. Republicans have introduced bills this year to do just that.

Asked Wednesday during a White House interview by the Washington Examiner if he'd thought about proposals to break up the court, Trump replied, "Absolutely, I have."

"There are many people that want to break up the 9th Circuit. It's outrageous," he told the Examiner. He accused critics of appealing to the 9th district "because they know that's like, semi-automatic."

The comments echoed his Twitter criticism of the court Wednesday morning.

Trump called U.S. District Judge William Orrick's preliminary injunction against his order stripping money from so-called sanctuary cities "ridiculous" on Twitter. He said he planned to take that case to the Supreme Court. However, an administration appeal of the district court's decision must go first to the 9th Circuit.

Republicans have talked for years about splitting the circuit into two appellate courts, but earlier legislative proposals have failed, most recently in 2005. Those battles have often pitted lawmakers from California against members from smaller, more conservative states.

Critics say the court has a liberal slant, a high caseload and distances that are too far for judges to travel. The circuit is the largest of the federal appellate courts, representing 20 percent of the U.S. population. It includes California, Alaska, Hawaii, Washington, Oregon, Montana, Idaho, Nevada, Arizona, Guam and the Northern Mariana Islands.

The circuit has 29 judges, many more than the 5th, which is the next largest circuit with 17 judges. It was created in 1891 when the American West was much less populated.

Democrats have opposed the split. Sen. Dianne Feinstein, D-Calif., was a leading opponent in the 2005 push, which she said was politically motivated. She has suggested adding judges to the court instead.



Senate GOP 'goes nuclear,' clearing way for Trump court pick
Areas of Focus | 2017/04/10 22:38
Republicans invoked the "nuclear option" in the Senate Thursday, unilaterally rewriting the chamber's rules to allow President Donald Trump's nominee to ascend to the Supreme Court.

Furious Democrats objected until the end, but their efforts to block Judge Neil Gorsuch failed as expected. Lawmakers of both parties bemoaned the long-term implications for the Senate, the court and the country.

"We will sadly point to today as a turning point in the history of the Senate and the Supreme Court," said Minority Leader Chuck Schumer of New York.

The maneuvering played out in an atmosphere of tension in the Senate chamber with most senators in their seats, a rare and theatrical occurrence.

First Democrats mounted a filibuster in an effort to block Gorsuch by denying him the 60 votes needed to advance to a final vote. Then Republican Majority Leader Mitch McConnell of Kentucky raised a point of order, suggesting that Supreme Court nominees should not be subjected to a 60-vote threshold but instead a simple majority in the 100-member Senate.

McConnell was overruled, but appealed the ruling. And on that he prevailed on a 52-48 party line vote. The 60-vote filibuster requirement on Supreme Court nominees was effectively gone, and with it the last vestige of bipartisanship on presidential nominees in an increasingly polarized Senate.

A final confirmation vote on Gorsuch is expected Friday and he could then be sworn in in time to take his seat on the court later this month and hear the final cases of the term.

The maneuvering played out with much hand-wringing from all sides about the future of the Senate, as well as unusually bitter accusations and counter-accusations as each side blamed the other. The rules change is known as the "nuclear option" because of its far-reaching implications.


Bangladesh High Court upholds death for 2 in blogger killing
Areas of Focus | 2017/04/02 00:11
Bangladesh's High Court on Sunday confirmed the death penalty for two people tied to a banned Islamist militant group for the killing of an atheist blogger critical of radical Islam.

The court also upheld jail sentences for six others after appeals were filed challenging the verdicts handed down by a trial court in 2015.

Sunday's decision involves the killing of Ahmed Rajib Haider, who was hacked to death in 2013. Haider had campaigned for banning the Jamaat-e-Islami party, which opposed Bangladesh's independence from Pakistan in 1971.

One of the defendants was Mufti Jasimuddin Rahmani, the leader of the Ansarullah Bangla Team, and the rest were university students inspired by his sermons.

During the trial, the students said that Rahmani incited them to kill Haider in sermons in which he said all atheist bloggers should be killed to protect Islam.

The two North South University students who received the death sentences included Faisal bin Nayeem, who the court said hacked Haider with meat cleavers in front of his house in Dhaka, Bangladesh's capital. Another was tried in absentia. The others received prison sentences ranging from three years to life. Rahmani was sentenced to five years.


Dems force 1-week delay on panel vote on Supreme Court pick
Areas of Focus | 2017/03/28 01:02
Senate Democrats on Monday forced a one-week delay in a committee vote on President Donald Trump's Supreme Court nominee, who remains on track for confirmation with solid Republican backing.

Sen. Chuck Grassley, R-Iowa, chairman of the Judiciary Committee, announced that, as expected, Democrats have requested a postponement. The committee vote on Judge Neil Gorsuch now will be held April 3.

As the committee readies to vote, three additional Democrats said they are likely to vote against the Denver-based appeals court judge. Florida Sen. Bill Nelson and Hawaii Sen. Mazie Hirono said they will vote against Gorsuch, and Vermont Sen. Patrick Leahy tweeted that he still was undecided but inclined to oppose him. Leahy is a senior member of the Judiciary panel and a former chairman.

That means at least 17 Democrats and independents, led by Minority Leader Chuck Schumer of New York, have announced their opposition to the Denver-based appeals court judge, arguing that Gorsuch has ruled too often against workers and in favor of corporations.

The Democrats who have announced their opposition have also said they will try to block the nominee, meaning Senate Majority Leader Mitch McConnell, R-Ky., will have to hold a procedural vote requiring 60 votes to move forward. The Senate GOP has a 52-48 majority, meaning McConnell will need support from at least eight Democrats or independents.

It was unclear whether he would be able to get the 60 votes. If he doesn't, McConnell seems ready to change Senate rules and confirm him with a simple majority.

Republicans had hoped that they'd see some support from the 10 Democrats running for re-election in states won by Trump in the presidential election, but four of those senators — Nelson, Pennsylvania Sen. Bob Casey, Ohio Sen. Sherrod Brown and Wisconsin Sen. Tammy Baldwin — have already said they will oppose the nominee.

Leahy, however, signaled that he may be willing to break from Schumer and vote with Republicans on the procedural vote, while also signaling in a separate tweet he'd vote against Gorsuch in the final, up or down vote.


High court limits president's power to fill temporary posts
Areas of Focus | 2017/03/19 15:15
The Supreme Court says a former top lawyer at the National Labor Relations Board served in violation of a federal law governing temporary appointments.

The 6-2 ruling on Tuesday limits the president's power to fill vacant government posts while nominations are tied up in partisan political fights.

The justices said that Lafe Solomon was not allowed to serve as acting general counsel of the agency that enforces labor laws while he was at the same time nominated to fill that role permanently.

President Barack Obama named Solomon acting general counsel in June 2010 and he held the office until Nov. 4, 2013. But he never won Senate confirmation because Republicans viewed him as too favorable to labor unions.


Kansas Chief Justice Pitches Lawmakers on Court Pay Hikes
Areas of Focus | 2017/03/17 15:59
Kansas Supreme Court Chief Justice Lawton Nuss is trying to persuade legislators to increase salaries for judges and pay for judicial branch employees.

Nuss devoted much of his annual State of the Judiciary address Wednesday to what he described as the serious need to increase pay within the court system. He spoke to a joint session of the Legislature.

The Supreme Court is seeking to increase the court system's annual budget by about $22 million, or about 16 percent.

Nuss told lawmakers that all judicial branch jobs pay below market rates, and some fall short by as much as 22 percent. He said nearly one-third of the court system's employees work outside jobs to make ends meet.

But some legislators see the spending increase as a tough sell.


Court officer investigated for photographing lawyer's notes
Areas of Focus | 2017/03/05 00:20
A court security officer in Maine has been placed on leave while under investigation for sending a cellphone photo of a defense attorney's notes to a prosecutor.

The Kennebec Journal reports that court officials are calling the incident a serious ethical breach and violation of courtroom protocol.

Sgt. Joel Eldridge took the photo Tuesday as a judge and attorneys discussed a case involving robbery, aggravated assault and criminal mischief. Assistant District Attorney Francis Griffin told the judge he saw the photo on his phone and reported the incident to the district attorney.

Defense attorney Sherry Tash said she was told the photo showed her notes of a person's name and number. Eldridge declined comment. He's on administrative leave with pay pending an internal investigation by the Kennebec County Sheriff's Department.



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