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Donnelly facing doubts from Indiana liberals over court vote
Top Court Watch |
2017/04/04 22:30
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A small protest by liberals outside Democratic Sen. Joe Donnelly's downtown Indianapolis office this week could signal trouble for his 2018 re-election hopes.
Some of those who protested against Donnelly's decision to break with his party and to support Judge Neil Gorsuch's nomination to the Supreme Court said they were uneasy about voting for him next year. That liberal pushback against the moderate Donnelly comes as he's already being targeted by national Republicans in a state that President Donald Trump carried by 19 percentage points.
Pamela Griffin, a retired Indianapolis elementary school teacher, said she was going to think "long and hard" about supporting Donnelly in next year's election, while acknowledging it was "kind of a fluke" he was elected in the Republican-dominated state in 2012.
"He's rubber-stamped some stuff that he shouldn't have for Trump," Griffin said. "I'm disappointed in him that he's not really doing what his party would want him to do."
Donnelly won his first Senate term in 2012 with just over 50 percent of the vote and is now the sole Indiana Democrat holding statewide office.
The National Rifle Association ran campaign-style ads in the past week questioning Donnelly's pro-gun stance if he wasn't willing to support Gorsuch, which he did on Thursday, joining three other Democrats who voted to end his party's filibuster. Two Republican U.S. House members, Reps. Luke Messer and Todd Rokita, have signaled they may challenge Donnelly for his seat next year.
Donnelly has tried to cultivate an independent image, highlighting his work on veterans issues and trying to stop the loss of Indiana factory jobs. He has supported some of Trump's Cabinet picks but he's also spoken out against the failed Republican health care bill.
Donnelly said Sunday that he would vote to confirm Gorsuch, whom he described as qualified and well respected. He and two of the other Democratic senators who support Gorsuch — Joe Manchin of West Virginia, Heidi Heitkamp of North Dakota — are moderates from states that Trump won by big margins last November. The fourth, Sen. Michael Bennet from Gorsuch's home state of Colorado, said he wouldn't join the filibuster but hasn't said how he would vote on Gorsuch's confirmation.
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New Ohio lethal injection process rejected by appeals court
Attorney Blog News |
2017/04/03 22:30
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A federal appeals court on Thursday rejected Ohio's new three-drug lethal injection process, jeopardizing the upcoming executions of several condemned killers.
In a 2-1 decision, the 6th U.S. Circuit Court of Appeals in Cincinnati found the proposed use of a contested sedative, midazolam, unconstitutional. The court also ruled that Ohio's planned use of two other drugs the state abandoned years ago prevents their reintroduction in a new execution system.
After repeatedly saying it would no longer use those drugs — pancuronium bromide and potassium chloride — "but now attempting to execute condemned inmates with these very drugs, the State had taken directly contradictory positions," Judge Karen Nelson Moore ruled for the majority.
The court also favored arguments by attorneys for death row inmates that use of another drug altogether — pentobarbital — is still an option, despite Ohio's arguments that it can't find supplies of that drug.
An appeal is likely. Options including asking the full appeals court to consider the case or appealing straight to the U.S. Supreme Court, said Dan Tierney, a spokesman for the Ohio attorney general's office.
The ruling was a blow to the state, which hoped to begin executing several condemned killers next month. The first of those, Ronald Phillips, is scheduled to die May 10 for raping and killing his girlfriend's 3-year-old daughter in Akron in 1993.
Allen Bohnert, a lawyer for death row inmates challenging Ohio's lethal injection system, applauded the decision, saying the appeals court was correct in rejecting the execution process.
Executions have been on hold since January 2014, when inmate Dennis McGuire took 26 minutes to die under a never-before-tried two-drug method that began with midazolam. The same drug was involved in a problematic execution later that year in Arizona.
Ohio announced its three-drug method in October and said it had enough for at least four executions, though records obtained by The Associated Press indicated the supply could cover dozens of executions.
The drugs are midazolam, rocuronium bromide — like pancuronium bromide, a drug used to paralyze inmates — and potassium chloride.
The prison system used 10 milligrams of midazolam on McGuire. The new system calls for 500 milligrams. The state said there's plenty of evidence proving the larger amount will keep inmates from feeling pain.
Ohio also said the U.S. Supreme Court upheld the use of midazolam in 2015 in a case out of Oklahoma.
The court on Thursday said arguments by death row inmates that even 500 milligrams of midazolam could lead to a risk of pain were more convincing than counterarguments from the state.
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Democrats tighten opposition of high court pick
Top Court Watch |
2017/04/02 11:27
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Senate Democratic opposition to President Donald Trump’s Supreme Court nominee swelled Friday as Democrats neared the numbers needed for a filibuster, setting up a showdown with Republicans who have the votes to confirm Neil Gorsuch.
Sens. Claire McCaskill of Missouri, Richard Blumenthal of Connecticut and Brian Schatz of Hawaii became the latest Democratic senators to announce their opposition to Gorsuch, a 49-year-old federal appeals court judge in Denver whose conservative rulings make him an intellectual heir to the justice he would replace, the late Antonin Scalia.
McCaskill’s decision came a day after she said she was torn over the decision. She said she’s opposing the federal appeals court judge because his opinions favor corporations over workers and he’s shown “a stunning lack of humanity” in some of those decisions.
She also criticized Trump in her statement announcing her opposition, saying “the president who promised working people he would lift them up has nominated a judge who can’t even see them.”
Senate Minority Leader Chuck Schumer of New York warned Republicans against changing Senate rules, which could prove momentous for the chamber and would allow all future Supreme Court nominees to get on the court regardless of opposition from the minority party. He says President Donald Trump should just pick a new nominee if Gorsuch is blocked. |
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Bangladesh High Court upholds death for 2 in blogger killing
Legal Blog News |
2017/04/01 11:27
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Bangladesh's High Court on Sunday confirmed the death penalty for two people tied to a banned Islamist militant group for the killing of an atheist blogger critical of radical Islam.
The court also upheld jail sentences for six others after appeals were filed challenging the verdicts handed down by a trial court in 2015.
Sunday's decision involves the killing of Ahmed Rajib Haider, who was hacked to death in 2013. Haider had campaigned for banning the Jamaat-e-Islami party, which opposed Bangladesh's independence from Pakistan in 1971.
One of the defendants was Mufti Jasimuddin Rahmani, the leader of the Ansarullah Bangla Team, and the rest were university students inspired by his sermons.
During the trial, the students said that Rahmani incited them to kill Haider in sermons in which he said all atheist bloggers should be killed to protect Islam.
The two North South University students who received the death sentences included Faisal bin Nayeem, who the court said hacked Haider with meat cleavers in front of his house in Dhaka, Bangladesh's capital. Another was tried in absentia. The others received prison sentences ranging from three years to life. Rahmani was sentenced to five years. |
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Arkansas asks court to block order on execution drugs
Law & Court News |
2017/04/01 11:27
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Arkansas prison officials asked the state's highest court Friday to stay a judge's order that they must disclose more information about one of the drugs they plan to use in the executions of eight men over a 10-day period in April.
The attorney general's office asked the state Supreme Court to issue a stay of Pulaski County Circuit Judge Wendell Griffen's order requiring Arkansas to release copies of the package insert and labels for its supply of potassium chloride, one of the three drugs used in its lethal injection protocol.
The state said it had released the documents, but had redacted information on the labels that it says could lead to identification of the drug's supplier. Steven Shults, the attorney who sued the state for the information, declined to comment on the case Friday.
Shults' attorneys asked the court to deny the state's motion, saying there was no evidence that the information withheld would identify the drug's supplier.
The filing said releasing all of the information would give Shults "an unreviewable victory that will completely undermine and obviate the confidentiality provisions" of the state's lethal injection law.
Arkansas hasn't executed an inmate since 2005 because of legal challenges and difficulty obtaining drugs. The state's 2015 lethal injection law keeps secret the source of the state's execution drugs.
The prison officials, who plan to execute eight inmates in a 10-day period next month before another one of the state's lethal drugs expires April 30, had refused to release packing slips that detail how the drugs are to be used. The Associated Press has previously used the labels to identify drugmakers whose products would be used in executions against their will. The AP renewed its request after the state acquired its potassium chloride in March, but was also rejected.
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