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Arizona judge nixes suit that wants Trump backers off ballot
Legal Opinions |
2022/04/23 13:56
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A judge in Phoenix has dismissed lawsuits seeking to disqualify three Republican lawmakers from this year’s ballot because they participated in or helped organize the Jan. 6, 2021, rally in Washington that led to an unprecedented attack on Congress.
The decision from Maricopa County Superior Court Judge Christopher Coury made public Friday means Reps. Paul Gosar and Andy Biggs and state Rep. Mark Finchem remain on the primary ballot barring a reversal by the state Supreme Court. Gosar and Biggs are seeking reelection and Finchem is running for Secretary of State, Arizona’s chief election officer.
The lawsuits filed on behalf of a handful of Arizona voters alleged that Gosar, Biggs and Finchem can’t hold office because they participated in an insurrection. They cited a section of the 14th Amendment to the U.S. constitution enacted after the Civil War.
None of the lawmakers are accused of participating in the actual attack on Congress that was intended to stop certification of President Joe Biden’s win.
Coury agreed with the lawmakers’ attorneys who said Congress created no enforcement mechanism for the 14th Amendment, barring a criminal conviction. He noted that Congress proposed such a law in the wake of the attack on Congress but it is not been enacted.
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Naturopathic doctor sentenced for selling misbranded drugs
Legal Opinions |
2022/03/24 13:11
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A former Port Angeles naturopathic physician was sentenced to eight months in prison and one year supervised release after being found guilty of selling products he claimed could prevent numerous serious diseases, including COVID-19.
Richard Marschall, 69, was convicted in 2021, after a four-day trial, of introducing misbranded drugs into interstate commerce, his third conviction, according to the U.S. Attorney’s office. The jury found that his marketing was false or misleading and because his products were not listed with the FDA.
At the sentencing hearing Monday, U.S. District Judge Benjamin H. Settle said, “It is extremely dangerous during the COVID epidemic for people to be engaged in conduct that would lead other people to defer and wait to receive medical care.”
Marschall was convicted previously and sentenced in federal court for distributing misbranded drugs, both in 2011 and again in 2017.
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Israel high court suspends Palestinians’ evictions for now
Legal Opinions |
2022/03/02 13:01
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Israel’s Supreme Court on Tuesday ruled that a group of families slated for eviction from a flashpoint east Jerusalem neighborhood can remain in their homes for the time being.
The ruling could work to ease tensions in Jerusalem’s Sheikh Jarrah neighborhood, which helped ignite the 11-day war between Israel and Hamas in Gaza last year.
The court ruled that the families can stay in their homes for now until Israel carries out a land arrangement, a process that could take years or may not be carried out at all, according to Ir Amim, an advocacy group that was not involved in the court case.
For the time being, the four families residing in the homes will be recognized as protected tenants. Each will deposit a largely symbolic rent amounting to $62 a month to a trust, until the property’s ownership is settled.
Sami Arsheid, a lawyer representing the families’ case before the court, said the decision was “something huge” that ran counter to the previous 63 rulings by Israeli courts on the issue of Palestinian properties in Sheikh Jarrah.
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Black Lives Matter rallies start in Australia amid court ban
Legal Opinions |
2020/06/08 08:36
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The first of several Black Lives Matter protests across Australia on Saturday got underway against a backdrop of possible clashes between demonstrators and police in Sydney, after a court sided with police that the gathering posed too much risk for spreading the coronavirus.
The first gathering in the southern city of Adelaide was held to honor George Floyd and to protest against the deaths of indigenous Australians in custody.
That was the plan in Sydney as well, where thousands of people were expected to rally. But New South Wales state Supreme Court Justice Des Fagan ruled on Friday that the rally was not an authorized public assembly. Fagan said he understood the rally was designed to coincide with similar events in other countries.
“I don’t diminish the importance of the issues and no one would deny them in normal circumstances,” he said. “No one denies them that but we’re talking about a situation of a health crisis.”
Floyd, a black man, died in handcuffs while a Minneapolis police officer pressed a knee on his neck even after he pleaded for air and stopped moving. In Sydney, outdoor gatherings are restricted to 10 people, while up to 50 people can go to funerals, places of worship, restaurants, pubs and cafes.
Sydney rally organizers, before deciding to lodge a last-minute appeal to Fagan’s ruling, urged anyone still wishing to attend “as an individual” to obey social distancing and wear masks to ensure safety. On Friday, 2,000 demonstrators gathered in the national capital Canberra to remind Australians that the racial inequality underscored by Floyd’s death was not unique to the United States.
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Poland's president appoints new head of embattled top court
Legal Opinions |
2020/05/24 11:31
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Polish President Andrzej Duda on Monday appointed a judge backed by the right-wing ruling party to be the new head of the Supreme Court, marking apparent victory in years of government efforts to take control of the court.
The new head, Malgorzata Manowska, 55, is also head of the state-run National School of Judiciary and Public Prosecution. She is under disciplinary investigation for keeping the school job after being appointed to the Supreme Court in 2018. The school itself is also under criminal investigation after personal data of its employees, including judges and prosecutors, was leaked.
Manowska also served as deputy justice minister in 2007, when the Law and Justice party was previously in power. On winning power again in 2015, the party started to make deep changes to the justice system, saying they were needed to put an end to the legacy of the communist era. The moves are gradually putting the judiciary under political control. |
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