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Supreme Court to begin new term: About the top cases
Court News |
2019/10/07 02:07
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The biggest cases before the Supreme Court are often the last ones to be decided, and the focus on the court will be especially intense in June, just a few months before the 2020 election.
President Donald Trump first announced his intention in 2017 to end the Obama-era program that protected from deportation and gave work permits to roughly 700,000 people who, as children, entered the country illegally or overstayed their visas. The Deferred Action for Childhood Arrivals program was never authorized by Congress. At issue before the court is whether the way the administration has tried to wind down the program is lawful. There seems to be little debate that Trump has the discretion to do so, as long as his administration complies with a federal law that generally requires orderly changes to policies.
Title 7 of the landmark Civil Rights Act of 1964 prohibits discrimination in employment on the basis of sex, among other categories. The question for the justices in two cases is whether that provision protects people from discrimination in the workplace because they are gay or transgender. The sexual orientation case involves a fired skydiver in New York, who has since died, and a fired county government worker in Georgia. Aimee Stephens, a fired funeral home director in suburban Detroit, is at the center of the case about gender identity. The Trump administration has reversed the Obama administration’s support for the workers. |
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US Supreme Court to review Kansas’ lack of insanity defense
Court News |
2019/10/04 16:07
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The U.S. Supreme Court is preparing to consider how far states can go toward eliminating the insanity defense in criminal trials as it reviews the case of a Kansas man sentenced to die for killing four relatives.
The high court planned to hear arguments Monday in James Kraig Kahler’s case. He went to the home of his estranged wife’s grandmother about 20 miles (32 kilometers) south of Topeka the weekend after Thanksgiving 2009 and fatally shot the two women and his two teenage daughters.
Not even Kahler’s attorneys have disputed that he killed them. They’ve argued that he was in the grips of a depression so severe that he experienced an extreme emotional disturbance that disassociated him from reality.
In seeking a not guilty verdict due to his mental state, his defense at his 2011 trial faced what critics see as an impossible legal standard. His attorneys now argue that Kansas violated the U.S. Constitution by denying him the right to pursue an insanity defense.
The nation’s highest court previously has given states broad latitude in how they treat mental illness in criminal trials, allowing five states, including Kansas, to abolish the traditional insanity defense. Kahler’s appeal raises the question of whether doing so denies defendants their guaranteed right to due legal process. |
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Ohio counties tell court: Don’t let state stop opioid trial
Legal Topics |
2019/10/03 19:41
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Two Ohio counties are telling a court to deny their state attorney general’s request to delay a major trial over the toll of opioids.
Attorney General Dave Yost asked a federal appeals court in August not to let a district judge move ahead with a case scheduled to begin Oct. 21.
It would be the first federal trial of claims brought by a government seeking to hold the drug industry accountable for the opioid crisis.
The attorney general says the state’s similar claims should move ahead of those brought by Cuyahoga and Summit counties, home to Cleveland and Akron.
The counties say the state doesn’t have a say because it’s not part of this case. The judge in charge of the Oct. 21 trial has also denied the state’s request.
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EU court: ‘Active consent’ required for cookie storage
Attorney News |
2019/10/02 02:28
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The European Union’s top court has ruled that website operators must secure internet users’ “active consent” to their storage of so-called cookies.
The European Court of Justice’s ruling Tuesday was prompted by a dispute between German firm Planet49 and a German consumer organization over the company’s use of a pre-ticked checkbox for participants in online promotional games to secure consent to cookie storage.
Judges found that EU law’s requirement for users to consent to storage of and access to cookies on their devices isn’t covered by a pre-checked box that the user “must deselect to refuse his or her consent.”
They said specific consent must be obtained. They also said the service provider must tell users how long the information about them will operate and whether third parties may access them. |
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Trial begins Monday in Kansas abortion stalking lawsuit
Court News |
2019/10/01 09:28
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A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester.
Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart.
The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later.
U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution. |
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Egypt court asks religious figure to weigh in on sentences
Legal Business |
2019/09/30 05:45
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An Egyptian court has referred the case of seven defendants facing terrorism charges to the country's top religious authority, the Grand Mufti, for a non-binding opinion on whether they can be executed as the prosecution seeks.
The Cairo Criminal Court says Saturday the defendants are members of a local affiliate of the Islamic State group spearheading an insurgency in northern Sinai.
The men are part of 32 defendants accused of killing eight police, including an officer, when they ambushed a microbus in Cairo's southern suburb of Helwan in May 2016.
The verdict is set for Nov. 12, and the presiding judge may rule independently of the Mufti.
Egypt has battled an insurgency for years in the Sinai Peninsula that has occasionally spilled over to the mainland.
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Dutch Supreme Court asked to clarify euthanasia case
Court Watch |
2019/09/28 12:46
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Prosecutors have asked the Netherlands' Supreme Court to clarify legal matters in a landmark euthanasia case, saying Thursday they want to lay down unambiguous jurisprudence for the future.
The Public Prosecution Service said by instituting "cassation in the interest of the law" proceedings they aim to clarify how doctors deal with euthanasia on "incapacitated patients" without subjecting a doctor acquitted at a trial to a new legal battle.
Prosecutors said in a statement they want "legal certainty to be created for doctors and patients about this important issue in euthanasia legislation and medical practice."
The retired nursing home doctor was cleared earlier this month by judges in The Hague who ruled that she adhered to all criteria for carrying out legal euthanasia when she administered a fatal dose of drugs to a 74-year-old woman with severe dementia.
The cassation proceedings mean that the doctor's acquittal will not be called into question.
The doctor carried out euthanasia on the woman in 2016, acting on a written directive the patient had drawn up earlier. The woman later gave mixed signals about her desire to die, but the doctor, in close consultation with the woman's family, decided to go ahead with the mercy killing.
The Hague District Court ruled that in rare cases of euthanasia on patients with severe dementia - and who had earlier made a written request for euthanasia - the doctor "did not have to verify the current desire to die."
Prosecutors said they disagreed with the Hague court and want the Supreme Court to rule on legal issues in the case. |
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