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South Korean court orders easing of decades-old abortion ban
Legal Blog News |
2019/04/07 10:48
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In a major reversal, South Korea's Constitutional Court on Thursday ordered the easing of the country's decades-old ban on most abortions, one of the strictest in the developed world.
Abortions have been largely illegal in South Korea since 1953, though convictions for violating the restrictions are rare. Still, the illegality of abortions forces women to seek out unauthorized and often expensive procedures to end their pregnancies, creating a social stigma that makes them feel like criminals.
The court's nine-justice panel said that the parliament must revise legislation to ease the current regulations by the end of 2020. It said the current abortion law was incompatible with the constitution and would be repealed if parliament fails to come up with new legislation by then.
The ruling is final and cannot be appealed, court officials said, but current regulations will remain in effect until they are replaced or repealed.
An easing of the law could open up the door to more abortions for social and economic reasons. Current exceptions to the law only allow abortions when a woman is pregnant through rape or incest, when a pregnancy seriously jeopardizes her health, or when she or her male partner has certain diseases.
A woman in South Korea can be punished with up to one year in prison for having an illegal abortion, and a doctor can get up to two years in prison for performing an unauthorized abortion.
Thursday's verdict was a response to an appeal filed in February 2017 by an obstetrician charged with carrying out about 70 unauthorized abortions from 2013-2017 at the request or approval of pregnant women.
Most other countries in the 36-member Organization for Economic Cooperation and Development, the so-called most developed countries, allow abortions for broad social and economic reasons. South Korea is one of only five OECD member states that don't allow such abortions, according to the Ministry of Gender Equality and Family.
The South Korean public has been sharply split over the abortion law. There have been heated panel discussions on TV and internet programs; activists, both for and against, have for months stood with placards near the court. Dozens gathered on Thursday. |
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Spacey’s lawyers returning to court in bar groping case
Legal Blog News |
2019/04/04 12:19
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A judge will consider motions filed by lawyers for Kevin Spacey, who’s charged with groping an 18-year-old man on Nantucket in 2016.
The Oscar-winning former “House of Cards” actor won’t be present for Thursday’s hearing at Nantucket District Court.
Spacey’s attorneys have been seeking to preserve phone and electronic records between the man — who says Spacey unzipped his pants and fondled him — and the man’s girlfriend at the time. The assault allegedly occurred at a restaurant on the island off Cape Cod where the young man worked as a busboy.
Spacey pleaded not guilty in January to felony indecent assault and battery. His lawyers have called the accusations “patently false.”
It’s the first criminal case brought against Spacey after several sexual misconduct allegations crippled his career in 2017. |
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Philippine Supreme Court orders release of drug war evidence
Attorney Blog News |
2019/04/02 12:22
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The Philippine Supreme Court on Tuesday ordered the release of police documents on thousands of killings of suspects in the president’s anti-drug crackdown, in a ruling that human rights groups said could shed light on allegations of extrajudicial killings.
Supreme Court spokesman Brian Keith Hosaka said the court ordered the government solicitor-general to provide the police reports to two rights groups which had sought them. The 15-member court, whose justices are meeting in northern Baguio city, has yet to rule on a separate petition to declare President Rodrigo Duterte’s anti-drug campaign unconstitutional.
Solicitor-General Jose Calida had earlier agreed to release the voluminous police documents to the court but rejected the requests of the two groups, the Free Legal Assistance Group and the Center for International Law, arguing that such a move would undermine law enforcement and national security.
The two groups welcomed the court order. “It’s a big step forward for transparency and accountability,” said Jose Manuel “Chel” Diokno, who heads the Free Legal Assistance Group.
He said the documents will help the group of human rights lawyers scrutinize the police-led crackdown that was launched when Duterte came to office in mid-2016, and the massive number of killings that the president and police say occurred when suspects fought back and endangered law enforcers, Diokno said.
“This is an emphatic statement by the highest court of the land that it will not allow the rule of law to be trampled upon in the war on drugs. It is a very important decision,” said Joel Butuyan, president of the Center for International Law.
“These documents are the first step toward the long road to justice for the petitioners and for thousands of victims of the ‘war on drugs’ and their families,” Butuyan said.
More than 5,000 mostly poor drug suspects have died in purported gunbattles with the police, alarming Western governments, U.N. rights experts and human rights watchdogs. Duterte has denied ordering illegal killings, although he has publicly threatened drug suspects with death.
The thousands of killings have sparked the submission of two complaints of mass murder to the International Criminal Court. Duterte has withdrawn the Philippines from the court.
After holding public deliberations on the two groups’ petitions in 2017, the Supreme Court ordered the solicitor-general to submit documents on the anti-drug campaign, including the list of people killed in police drug raids from July 1, 2016, to Nov. 30, 2017, and documents on many other suspected drug-linked deaths in the same period that were being investigated by police. |
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Texas bans clergy from executions after Supreme Court ruling
Legal Blog News |
2019/04/02 12:20
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Texas prisons will no longer allow clergy in the death chamber after the U.S. Supreme Court blocked the scheduled execution of a man who argued his religious freedom would be violated if his Buddhist spiritual adviser couldn’t accompany him.
Effective immediately, the Texas Department of Criminal Justice will only permit prison security staff into the execution chamber, a spokesman said Wednesday. The policy change comes in response to the high court’s ruling staying the execution of Patrick Murphy, a member of the “Texas 7” gang of escaped prisoners.
Texas previously allowed state-employed clergy to accompany inmates into the room where they’d be executed, but its prison staff included only Christian and Muslim clerics.
In light of this policy, the Supreme Court ruled Thursday that Texas couldn’t move forward with Murphy’s punishment unless his Buddhist adviser or another Buddhist reverend of the state’s choosing accompanied him.
One of Murphy’s lawyers, David Dow, said the policy change does not address their full legal argument and mistakes the main thrust of the court’s decision.
“Their arbitrary and, at least for now, hostile response to all religion reveals a real need for close judicial oversight of the execution protocol,” Dow said
Murphy’s attorneys told the high court that executing him without his spiritual adviser in the room would violate the First Amendment right to freedom of religion. The 57-year-old — who was among a group of inmates who escaped from a Texas prison in 2000 and then committed numerous robberies, including one where a police officer was fatally shot — became a Buddhist while in prison nearly a decade ago. |
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Loughlin, Huffman due in court in college admissions scam
Top Court Watch |
2019/04/01 12:23
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Actresses Lori Loughlin and Felicity Huffman faced court appearances Wednesday on charges they took part in the college bribery scandal that has ensnared dozens of wealthy parents.
The actresses along with Loughlin’s fashion designer husband, Mossimo Giannulli, and dozens of others were charged last month in a scheme in which authorities say parents paid an admissions consultant to bribe college coaches and rig test scores to get their children into elite universities.
Huffman, Loughlin and Giannulli, whose Mossimo clothing had long been a Target brand, have not publicly commented on the allegations. They were set to make their first appearances in Boston’s federal court along with other parents charged in the scheme.
Loughlin, who played Aunt Becky on the sitcom “Full House” in the 1980s and ’90s, and Giannulli are accused of paying $500,000 to have their two daughters labeled as recruits to the University of Southern California crew team, even though neither participated in the sport.
The Hallmark Channel — where Loughlin starred in popular holiday movies and the series “When Calls the Heart” — cut ties with Loughlin a day after her arrest.
Loughlin and Giannulli’s daughter, social media star Olivia Jade Giannulli, was dropped from advertising deals with cosmetics retailer Sephora and hair products company TRESemme. |
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