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Supreme Court hears case alleging unconstitutional 6th District gerrymander
Law & Court News |
2018/03/26 14:06
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U.S. Supreme Court justices expressed frustration with partisan gerrymandering on Wednesday as they heard arguments in a case challenging Maryland’s 6th Congressional District.
The case, which alleges a Democratic gerrymander in Maryland at the same time justices are considering the constitutionality of an alleged Republican gerrymander in Wisconsin, has some legal experts wondering whether the justices might be on the verge of establishing a standard that would allow judicial intervention in partisan gerrymandering cases for the first time in the court’s history.
The 6th District challenge was brought by seven Maryland residents, including three from Frederick County, who argue that the district — which includes southwestern parts of Frederick County and the city of Frederick — was unconstitutionally gerrymandered to favor Democrats and punish Republicans during the reapportionment process after the 2010 census.
The justices heard arguments in the Wisconsin political gerrymandering case in October, but have not yet released an opinion.
The Maryland and Wisconsin cases both focus on unconstitutional partisan gerrymandering, but there are some important differences. The Maryland case challenges the redrawing of a single federal district to favor Democrats, while the Wisconsin case is based on the statewide redrawing of Wisconsin State Assembly districts to favor Republicans.
The two cases also allege different violations of voters’ rights: The Maryland case claims retaliation against Republican voters under a First Amendment framework, while the Wisconsin plaintiffs are alleging a violation of the equal protection clause under the 14th Amendment.
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Court: Mexican family can't sue agent in cross-border death
Law & Court News |
2018/03/15 14:09
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A federal appeals court says a U.S. Border Patrol agent who fired his gun in Texas and fatally wounded a teenager across the Mexican border cannot be sued by the teen's family.
The 5th U.S. Circuit Court of Appeals ruled Tuesday in the case of 15-year-old Sergio Adrian Hernandez. He was killed by agent Jesus Mesa in 2010. The Justice Department has said Mesa was trying to stop illegal border crossings and fired after he came under a barrage of rocks.
The appeals court voted 13-2 to uphold a federal district judge's dismissal of the family's claims. The case involved questions of whether and when constitutional rights afforded American citizens extend to non-citizens outside the nation's boundaries.
The appellate court majority said the case involved issues of diplomacy and national security. |
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Budget bill likely would end Supreme Court email search case
Law & Court News |
2018/03/12 14:08
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The budget bill before Congress includes an update to federal law that makes clear that authorities with a warrant can obtain emails and other data held by American technology companies but stored on servers overseas.
Passage of the Cloud Act probably would end a Supreme Court dispute between Microsoft and the Trump administration over emails the government wants as part of a drug trafficking investigation.
U.S. authorities obtained a warrant for the emails, but Microsoft has refused to provide the emails because they are kept on a Microsoft server in Ireland.
The Cloud Act has the backing of both the administration and Microsoft, but it's opposed by privacy groups. In particular, those groups object to parts of the plan that would regulate how foreign governments could obtain data from U.S. companies.
Congress could vote on the $1.3 trillion budget bill by week's end. Sen. Rand Paul, R-Ky., has raised questions about the Cloud Act and also opposes the overall spending bill.
Searches of data stored electronically are covered by a 1986 law written long before the advent of cloud computing and the construction. |
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Former Trump campaign aide Nunberg at court for grand jury
Law & Court News |
2018/03/08 19:17
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A former Trump campaign aide appeared for hours before a federal grand jury Friday, after he defiantly insisted in a series of news interviews just days earlier that he intended to defy a subpoena in special counsel Robert Mueller's Russia investigation.
Sam Nunberg spent more than six hours inside the federal courthouse in Washington. He declined to speak with journalists on the way in or out of the building, and it was not immediately clear what testimony he offered to the grand jury or what documents he provided.
His appearance marked a turnabout from extraordinary public statements Monday when Nunberg, in multiple interviews, balked at complying with a subpoena that sought his appearance before the grand jury as well as correspondence with other campaign officials. In doing so, he became the first witness in the Mueller probe to openly threaten to defy a subpoena.
Nunberg said he worked for hours to produce the thousands of emails and other communications requested by Mueller, who is investigating whether Donald Trump's campaign improperly coordinated with Russia during the 2016 presidential election.
Trump has denied any wrongdoing. His lawyers are currently negotiating the terms and scope of a possible interview with Mueller's office.
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Cambodian court denies opposition leader release on bail
Law & Court News |
2018/03/07 19:19
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Cambodia's Supreme Court has denied bail for an opposition leader charged with treason who is seeking to be released for medical treatment abroad.
The court ruled Friday that Kem Sokha must remain in pretrial detention for his own safety and because the investigation into his case is ongoing. His Cambodia National Rescue Party was dissolved last November by a court ruling on a complaint by Prime Minister Hun Sen's government.
Kem Sokha's case is widely regarded as a political setup by the government to cripple its opponents ahead of a general election this July. The party's dissolution was linked to the treason charge against Kem Sokha, for which he could be sentenced to up to 30 years in prison.
Kem Sokha's lawyers say he suffers from high blood pressure and diabetes, and has fallen sick in prison since being detained last September.
The court said if Kem Sokha is sick, the prison will arrange for a doctor to examine him inside the prison facility.
"If Kem Sokha is not allowed to have medical treatment at a hospital and in case he dies inside the prison, who will take responsibility? Are all of you responsible?" one of Kem Sokha's lawyers, Chea Cheng, asked the court.
The Phnom Penh Municipal Court this month granted a six-month extension for Kem Sokha's pre-trial detention period after the expiration of the initial six months. He has now been denied bail three times.
Kem Sokha was arrested last September on the basis of videos from several years ago showing him at a seminar where he spoke about receiving advice from U.S. pro-democracy groups. The opposition party has denied the treason allegation, saying the charge is politically motivated.
In the past several years the opposition party has faced an onslaught of legal challenges from Hun Sen's government with the support of the courts, which are generally seen as favoring his ruling Cambodian People's Party. Court rulings forced Sam Rainsy, Kem Sokha's predecessor as opposition leader, to remain in exile to avoid prison and pressured him into resigning from his party. Other top opposition party leaders fled Cambodia after Kem Sokha's jailing and the party's dissolution. |
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