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As time runs out, dozens of judge nominees waiting on Senate
Headline Legal News |
2016/10/17 20:41
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Federal judges in New Jersey have struggled with a workload approaching 700 cases each, nearly double what's manageable, because of judicial vacancies. In Texas, close to a dozen district judgeships remain open, more than in any other state.
Senate confirmation of President Barack Obama's nominees slowed to a halt this election year, a common political occurrence for the final months of divided government with a Democratic president and a Republican-controlled Senate. The vacancy on the Supreme Court attracted the most attention as Republicans refused to even hold confirmation hearings for Merrick Garland, insisting that the choice to fill the vacancy created by the death of Justice Antonin Scalia in February rests with the next president.
But more than 90 vacancies in the federal judiciary are taking a toll on judges, the courts and Americans seeking recourse. Obama has nominated replacements for more than half of those spots, including 44 nominees for the district court and seven for the appeals court. Yet the Senate has confirmed only nine district and appeals court judges this year — and only four since Scalia died. |
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Lithuania wants Gorbachev to testify in war crimes trial
Topics in Legal News |
2016/10/16 20:41
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A Lithuanian court has called former Soviet leader Mikhail Gorbachev to testify in a mass trial related to the 1991 crackdown on the country's independence movement.
Gorbachev and Russian authorities haven't answered previous requests so it's unlikely he would comply with Monday's request from the Vilnius district court.
The case involves more than 60 former Soviet officials charged with war crimes and other offenses for their roles in a crackdown on pro-independence demonstrators that left 14 people dead in January 1991, when Gorbachev was still in power.
The judges approved a request by one of the plaintiffs in the case to call Gorbachev to the court as a witness.
Only two defendants are present in court. Others, mainly citizens of Russia, Ukraine and Belarus, are being tried in absentia.
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Court hearing on potential Ontario ban of Indians name, logo
Legal Marketing News |
2016/10/15 20:41
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A Toronto court will hear arguments on an attempt to bar the Cleveland Indians from using their team name and logo in Ontario.
The legal challenge by indigenous activist Douglas Cardinal comes on the same day the baseball team takes on the Toronto Blue Jays in Game 3 of the American League Championship Series in Toronto.
Cardinal's lawyers will ask the court Monday to bar the usage of the name and logo by the team, Major League Baseball and Toronto team owner Rogers Communications, which is broadcasting the game in Canada.
The logo, called Chief Wahoo, is a cartoon man with red skin and a feather in his headband.
Cardinal says they shouldn't be allowed to wear their regular jerseys, the logo shouldn't be broadcast and the team should be referred to as "the Cleveland team."
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Court enters default judgment in Kansas voting rights case
Legal News |
2016/10/13 22:44
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A federal court clerk entered a default judgment Tuesday against Kansas Secretary of State Kris Kobach for failing to file a timely response to a lawsuit challenging the constitutionality of a state law requiring prospective voters to prove they are U.S. citizens.
It remains unclear whether U.S. District Judge Julie Robinson will give Kobach more time to respond. If the judgment stands it would apply to all voters in all federal, state and local elections — effectively ending the state's proof-of-citizenship requirement.
Kobach did not immediately return a cellphone message, but spokeswoman Desiree Taliaferro said he would comment.
Kobach faces four separate lawsuits challenging various aspects of Kansas' voter registration law. The law, which went into effect in January 2013, requires prospective voters to submit documentary proof of citizenship such as a birth certificate, U.S. passport or naturalization papers.
Kobach, a conservative Republican, has championed the proof-of-citizenship requirement as an anti-fraud measure that keeps non-citizens from voting, including immigrants living in the U.S. illegally. Critics say such requirements suppress voter turnout, particularly among young and minority voters, and that there have been few cases of fraud in the past.
"Oftentimes judges will give an attorney who has not filed something in a timely manner another chance," said Paul Davis, an attorney for the voter who brought the lawsuit. "We will have to see whether Judge Robinson is willing to do that in this case."
Kobach could ask the judge to set aside the clerk's action, possibly on grounds that include "excusable neglect," said Mark Johnson, another attorney for the voter.
But if the clerk's action stands, it means the proof-of-citizenship requirement can't be enforced, Johnson said.
The lawsuit contends the requirement violates voters' constitutional right to right to due legal process and the right to freely travel from state to state by infringing on people's ability to vote and to sign petitions. It also contends the actions Kobach has taken to verify citizenship status discriminates against people who were born or got married in other states. |
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Court fight over Ohio executions likely to focus on sedative
Legal Interview |
2016/10/11 22:43
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Ohio says it's resuming executions in January with a three-drug protocol similar to one it used for several years.
The concept is one adopted for decades by many states: the first drug sedates inmates, the second paralyzes them, and the third stops their hearts.
The key difference comes with the first drug the state plans to use, midazolam, which has been challenged in court as unreliable.
The state argues that a planned dose of 500 milligrams will ensure that inmates are properly sedated.
Defense attorneys say it's unclear what a much bigger dose would achieve.
Last year, the U.S. Supreme Court ruled 5-4 that midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment. |
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Iraq's federal court rules against prime minister's reforms
Lawyer Blogs |
2016/10/10 22:43
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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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