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Okla. court halts 'personhood' rights for embryos
Top Court Watch | 2012/05/01 10:06
The Oklahoma Supreme Court on Monday halted an effort to grant "personhood" rights to human embryos, saying the measure is unconstitutional.

The state's highest court ruled unanimously that a proposed amendment to the Oklahoma Constitution that would define a fertilized human egg as a person violates a 1992 U.S. Supreme Court decision involving a Pennsylvania case and "is clearly unconstitutional." Supporters of the personhood amendment are trying to gather enough signatures to put it before Oklahoma voters on the November ballot.

Opponents contend the measure would ban abortions without exception and interfere with a woman's right to use certain forms of contraception and medical procedures, such as in vitro fertilization.

The American Civil Liberties Union and the New York-based Center for Reproductive Rights filed a protest with the state Supreme Court on behalf of several Oklahoma doctors and residents. They asked the court to stop the group Personhood Oklahoma from gathering signatures.

The nine-member court determined the initiative petition "is void on its face" and struck it down.

"The only course available to this court is to follow what the United States Supreme Court, the final arbiter of the United States Constitution, has decreed," the court said.


Chinese court seeking to mediate iPad dispute
Top Court Watch | 2012/04/27 09:12
A Chinese court is mediating between Apple Inc. and the Chinese company challenging its right to use the iPad trademark, seeking to get the companies to settle an awkward standoff over the issue.

The Guangdong High Court in southern China, is seeking to arrange a settlement, said Ma Dongxiao, a lawyer for Proview Electronics Co. The court on Feb. 29 began hearing Apple's appeal of lower court ruling that favored Proview in the trademark dispute.

"It is likely that we will settle out of court. The Guangdong High Court is helping to arrange it and the court also expects to do so," Ma said Monday.

China has sought to showcase its determination to protect trademarks and other intellectual property, but with hundreds of thousands employed in the assembly of Apple's iPhones and iPads is unlikely to want to disrupt the company's production and marketing in China.


Court to decide if deportation ruling retroactive
Top Court Watch | 2012/04/26 09:12
The Supreme Court will decide whether to apply retroactively its 2010 decision that immigrants have a right to be told that a guilty plea could lead to their deportation.

The high court on Monday agreed to hear an appeal from Roselva Chaidez, who was in the process of being deported when the court made that March 2010 decision.

Chaidez pleaded guilty to fraud in 2004 after falsely claiming to be a passenger in a car wreck. Authorities started deportation procedures while she was applying for U.S. citizenship in 2007.

Her lawyer never told her that her fraud conviction may lead to her deportation. Chaidez says she should be able to take advantage of the Supreme Court decision that cemented that principle.


Group wants Supreme Court to save war memorial
Top Court Watch | 2012/02/09 10:10
Supporters of a war memorial cross deemed unconstitutional last year by a federal court plan to ask the Supreme Court to reverse the decision, amid a growing fight nationwide over the use of religious symbols to honor fallen troops.

A nonprofit legal firm, Liberty Institute in Dallas, planned to file its petition Thursday to preserve the 43-foot monument on federal land atop San Diego's Mt. Soledad — the same day the group called on combat veterans and supporters to rally at the picturesque site overlooking the Pacific Ocean in the suburb of La Jolla.

The Supreme Court has signaled a greater willingness to allow religious symbols on public land, and the U.S. House of Representatives passed a bill last month that writes into law the propriety of displaying such markers at war memorials.

Last year's ruling by the 9th Circuit U.S. Court of Appeals capped two decades of legal challenges over the 1954 cross that became a memorial to Korean War veterans.

A number of other military memorials on public lands across the country have been challenged in recent years by civil liberty activists and atheists who say they violate the separation between church and state. The Supreme Court in 2010 refused to order the removal of a congressionally endorsed war memorial cross from its longtime home atop a remote rocky outcropping in California's Mojave Desert.


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Top Court Watch | 2012/02/04 10:03
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