Obama rebukes Poland over paralysis of constitutional court
Court News | 2016/07/05 16:41
U.S. President Barack Obama expressed concern Friday about the state of democracy in Poland, publicly rebuking a right-wing government that has paralyzed the constitutional court and taken steps to control state run media.

Obama said he shared his worries with Polish President Andrzej Duda in a one-on-one meeting before the opening of a NATO summit in Warsaw.

"I expressed to President Duda our concerns about certain actions and the impasse around Poland's constitutional tribunal," Obama told reporters. "I insisted that we are very respectful of Poland's sovereignty and I recognized that parliament is working on legislation to take important steps but more needs to be done."

Poland has been stuck for months in controversy over the 15-member Constitutional Tribunal, a body that rules on the constitutionality of legislation, playing a role similar to that of the U.S. Supreme Court. The dispute concerns both appointments to the court and the rules that govern how it functions.

Opponents say the government's actions undermine democracy and have held several large street protests in recent months. The government's leaders say it is only trying to correct an imbalance, with appointments by the previous centrist government dominating the court.




Scalia's death, Senate inaction leave Supreme Court in bind
Court News | 2016/06/25 22:11
Justice Antonin Scalia's unexpected death in February and the Senate's refusal to confirm a successor has left the Supreme Court in a bind on several closely divided cases.
 
Even as some justices have said the short-handed court will continue to get its work done, Justice Ruth Bader Ginsburg has noted, "Eight is not a good number."

The court's 4-4 tie Thursday in a case about President Barack Obama's plan to help millions of immigrants living in the U.S. illegally was the latest illustration of what Ginsburg meant. The justices were unable to resolve a case without Scalia's vote and unwilling to keep the case on hold for an indefinite period because they don't know when a ninth justice will join them.

The high court has been operating with eight justices instead of its full complement of nine since Scalia died. Obama has nominated Judge Merrick Garland to take Scalia's place, but Senate Republicans have refused to hold a hearing or a vote.

Garland wouldn't have been available to take part in this term's cases even if the Senate had acted quickly on his nomination. But the other justices might have ordered new arguments in some cases in which they split 4 to 4 if they knew Garland would be on the bench by the time the next term begins in October.



Spain court orders Operation Puerto blood bags released
Court News | 2016/06/14 17:41
A Spanish court ruled Tuesday that blood bags that are key evidence in one of Spain's worst doping scandals should be handed over to authorities for investigation.

The Madrid Provincial Court said bags containing blood samples and plasma should be handed over to the Spanish Cycling Federation, the World Anti-Doping Agency, the International Cycling Union and Italy's Olympic Committee.

The announcement came 10 years after Operation Puerto revealed a doping network involving some of the world's top cyclists when police seized coded blood bags from the Madrid clinic of sports doctor Eufemiano Fuentes.

The decision backed an appeal by lawyers for prosecuting parties against a 2013 court ruling that the bags should be destroyed for privacy reasons.

The court said Thursday's ruling "took into account that the goal is to fight against doping, which goes against sport's ethical values."

Not ordering the bags to be made available would have "generalized the danger of other sports people being tempted to dope themselves and sent a negative social message that the end justifies the means," the court said.

The 2013 order to destroy the blood bags outraged the sports community. Spain's anti-doping agency, the International Cycling Union and the World Anti-Doping Agency were among the entities that appealed.



Court Vacates $1.8M Ventura Award in 'American Sniper' Case
Court News | 2016/06/13 17:41
A federal appeals court on Monday threw out a $1.8 million judgment awarded to former Minnesota Gov. Jesse Ventura, who says he was defamed in the late author Chris Kyle's bestselling book "American Sniper."

The 8th U.S. Circuit Court of Appeals rejected the jury's 2014 award of $500,000 for defamation and $1.3 million for unjust enrichment against Kyle's estate. Kyle, a former SEAL who was the deadliest sniper in U.S. military history with 160 confirmed kills, died in 2013.

The majority of the three-judge panel reversed the unjust-enrichment award, saying it fails as a matter of law. The majority also vacated the defamation award, but sent that portion of the case back to court for a new trial.

Messages left with Ventura's publicist and attorney were not immediately returned Monday. A message left with an attorney for Kyle's estate also did not immediately return a message seeking comment.

Kyle claimed in a subchapter called "Punching Out Scruff Face," to have decked a man, whom he later identified as Ventura, during a fallen SEAL's wake at a California bar in 2006. He wrote that "Scruff Face" had made offensive comments about the elite force, including a remark that the SEALs "deserve to lose a few" in Iraq.

Ventura, a former Underwater Demolition Teams/SEAL member and ex-pro wrestler, testified at trial that Kyle's story was a fabrication. Ventura said he never made the comments and that the altercation never happened. He said the book ruined his reputation in the tight-knit SEAL community.



High Court won't hear dispute over birthright citizenship
Court News | 2016/06/12 17:42
The Supreme Court has rejected an appeal from a group of American Samoans who say the United States should grant full citizenship to people born in the U.S. territory.

The justices on Monday let stand a lower court ruling that said the constitutional guarantee of birthright citizenship does not extend to the islands that have been a part of the country since 1900.

Current law considers American Samoans to be "nationals," not full citizens like those born in Puerto Rico, Guam and other U.S. territories. Nationals are allowed to work and live anywhere in the United States, but unlike citizens, they can't vote or hold elective office.

The challengers said that the law violates the 14th Amendment, which grants citizenship to anyone born in the United States. But the U.S. Court of Appeals for the District of Columbia Circuit ruled last year that birthright citizenship does not automatically apply to the nation's unincorporated political territories.

The lawsuit was filed by a small group of American Samoans who did not have the support of the islands' government officials. The government of American Samoa has argued that automatic U.S. citizenship could undermine local traditions and practices, including rules that restrict land ownership to those of Samoan ancestry.



Appeals court denies Hope Solo's bid to avoid trial
Court News | 2016/06/08 15:48
A state appeals court has rejected U.S. women's soccer team goalkeeper Hope Solo's request to avoid trial on misdemeanor domestic violence charges.
 
Seattlepi.com reports the 34-year-old's appeal related to a 2014 incident at her sister's home in suburban Seattle was denied in a Tuesday ruling.

Solo was accused of being intoxicated and assaulting her sister and 17-year-old nephew in the incident. Her lawyer has said Solo was a victim in the altercation.

The case has bounced between the city of Kirkland and King County courts and is currently back in city court, where Solo had asked for a review.

The appeals court denied the review, essentially upholding the county court's ruling.

It's unclear whether Solo will ask the state Supreme Court to review the appeals court decision.



British court gives 22 life sentences to pedophile
Court News | 2016/06/06 17:23
A court in Britain has sentenced a former schoolteacher to 22 life sentences for child abuse after using his position teaching English in Malaysia to gain access to victims.

Judge Peter Rook sentenced 30-year-old freelance photographer Richard Huckle on Monday to serve a minimum of 25 years for 71 offenses against children aged between six months and 12 years from 2006 to 2014.

The National Crime Agency arrested Huckle in 2014 and found 20,000 indecent images on his computer, 1,117 of which showed him raping and abusing children in his care. Huckle also created a 60-page "how to" guide for other pedophiles seeking to evade getting caught. He also kept a scorecard tallying the number of children abused.

Huckle groomed children while posing as a Christian English teacher and philanthropist.



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