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Supreme Court won't hear challenge to FBI fitness test
Court News |
2016/11/03 21:48
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The Supreme Court won't hear a dispute over whether a physical fitness test for FBI special agents is biased against men.
The justices on Monday turned down an appeal from an Illinois man who failed the test after completing 29 out of 30 untimed pushups.
Jay Bauer said it's unfair that female trainees have to do only 14 pushups as part of the fitness test that includes situps, a 300-meter sprint and 1.5-mile run.
A federal judge ruled that the test discriminates on the basis of sex. But a federal appeals court sided with the FBI, saying it used "gender-normed" standards that require the same level of fitness for all trainees.
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Supreme Court gives new chance to 5 Arizona inmates
Court News |
2016/11/01 21:49
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The Supreme Court is ordering Arizona judges to reconsider life sentences with no chance of parole for five inmates who were convicted of murder for crimes they committed before they turned 18.
The court on Monday said the state judges did not pay sufficient attention to high court rulings that held that life sentences for young killers should be imposed only rarely.
The state courts ruled in all five Arizona cases before the Supreme Court's most recent ruling on juvenile sentences in January.
Justices Samuel Alito and Clarence Thomas dissented from Monday's order.
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Greece court cancels TV license overhaul; blow to government
Court News |
2016/10/26 23:48
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A high court has canceled a television license auction in Greece, dealing a blow to the country's left-wing government which carried out the sale as part of an anti-corruption drive.
Judges from the Council of State court ruled 14-11 late Wednesday that the auction in September was unconstitutional because the process bypassed an independent media regulator.
The ruling means the government will have to pay back money it has received from the 246 million euro ($275 million) sale. And its plans to reduce the number of national private broadcasters from seven to four will be canceled.
The auction triggered a major political spat over corruption and control of the news media.
Opposition parties accused Prime Minister Alexis Tsipras — whose left-wing Syriza party is a relative newcomer to mainstream politics — of trying to gain influence over the news media.
Tsipras had made the auction the centerpiece of his reforms. He argued it would sever a corrupt relationship between traditionally powerful political parties and industrialists who used media ownership to seek lucrative state contracts — a relationship the government said created decades of financial mismanagement and was a cause of Greece's crippling financial crisis.
In weekend speech to party members, Tsipras had promised to defend the license overhaul.
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Iraq's federal court rules against prime minister's reforms
Court News |
2016/10/10 04:51
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Iraq's federal court ruled on Monday that Prime Minister Haider al-Abadi's move to abolish the largely ceremonial posts of the country's vice president and deputy prime minister is unconstitutional.
Under Iraq's constitution, abolishing the posts would require the approval of an absolute majority in parliament followed by a national referendum, the court said in a statement.
The decision, which is binding for the Iraqi government, was a slap for al-Abadi, who canceled the posts last year as part of a wide-ranging reform plan that was approved by his Cabinet and passed by Parliament. It was intended to shore up public support for his government in the face of widespread protests.
The cancellations were also an apparent attempt to consolidate power under al-Abadi's government in order to combat corruption and tackle the country's ballooning budget crisis, sparked in part because of a plunge in the price of oil over the past two years, government spokesman Saad al-Hadithi said.
"The return of the (vice president and the deputy prime minister) will affect the expenses of the state," al-Hadithi said.
The decision underscores the government's enduring weakness as Iraqi forces prepare to retake the city of Mosul from the Islamic State group. While the U.S.-led coalition has closely supported Iraq's security forces in the military fight against IS, coalition officials say the Iraqi government is responsible for enacting political reforms that will prevent IS from growing in power in Iraq once again.
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US Supreme Court won't hear Arizona death sentence case
Court News |
2016/10/03 19:04
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The U.S. Supreme Court's refusal to hear Arizona's appeal of a lower court ruling that overturned a convicted murderer's death sentence has opened the door for about 25 death row inmates to challenge their sentences.
The justices on Monday let stand the ruling that said Arizona unconstitutionally excluded evidence about James McKinney's troubled childhood and post-traumatic stress disorder that might have led to a lesser punishment.
The 9th U.S. Circuit Court of Appeals ruled last December that Arizona's causal nexus rule violated the Constitution. The rule required any mitigating evidence, such as mental illness or post-traumatic stress disorder, to be directly tied to the crime committed to be relevant in sentencing. |
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European court dismisses case brought by Srebrenica families
Court News |
2016/09/22 22:22
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During the 1995 Srebrenica massacre who had appealed a decision by Dutch prosecutors not to file criminal charges against three Dutch officers for alleged complicity in the deaths.
The European Court of Human Rights rejected the case Thursday, saying that Dutch authorities "had sufficiently investigated the incident and given proper consideration to the applicants' request for prosecutions."
The relatives have long been trying to hold Dutch troops who served as U.N. peacekeepers during the fall of Srebrenica criminally responsible.
Bosnian Serb forces led by Gen. Ratko Mladic overran the U.N. enclave in Srebrenica in July 1995 and killed some 8,000 Muslim men and boys. It was Europe's worst massacre since World War II.
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Court rules man treated for mental illness can have a gun
Court News |
2016/09/19 22:22
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A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.
The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.
Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.
In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.
Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.
"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.
The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.
Gibbons suggests Tyler should prevail, based on his years of good mental health.
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