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Senate GOP 'goes nuclear,' clearing way for Trump court pick
Legal Opinions |
2017/04/10 01:26
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Republicans invoked the "nuclear option" in the Senate Thursday, unilaterally rewriting the chamber's rules to allow President Donald Trump's nominee to ascend to the Supreme Court.
Furious Democrats objected until the end, but their efforts to block Judge Neil Gorsuch failed as expected. Lawmakers of both parties bemoaned the long-term implications for the Senate, the court and the country.
"We will sadly point to today as a turning point in the history of the Senate and the Supreme Court," said Minority Leader Chuck Schumer of New York.
The maneuvering played out in an atmosphere of tension in the Senate chamber with most senators in their seats, a rare and theatrical occurrence.
First Democrats mounted a filibuster in an effort to block Gorsuch by denying him the 60 votes needed to advance to a final vote. Then Republican Majority Leader Mitch McConnell of Kentucky raised a point of order, suggesting that Supreme Court nominees should not be subjected to a 60-vote threshold but instead a simple majority in the 100-member Senate.
McConnell was overruled, but appealed the ruling. And on that he prevailed on a 52-48 party line vote. The 60-vote filibuster requirement on Supreme Court nominees was effectively gone, and with it the last vestige of bipartisanship on presidential nominees in an increasingly polarized Senate.
A final confirmation vote on Gorsuch is expected Friday and he could then be sworn in in time to take his seat on the court later this month and hear the final cases of the term.
The maneuvering played out with much hand-wringing from all sides about the future of the Senate, as well as unusually bitter accusations and counter-accusations as each side blamed the other. The rules change is known as the "nuclear option" because of its far-reaching implications. |
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S Korea's Park questioned at court hearing on arrest request
Legal Opinions |
2017/03/30 11:14
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South Korea's disgraced ex-President Park Geun-hye was being questioned Thursday by a court that will decide if she should be arrested over corruption allegations that have already toppled her from power.
Live TV footage earlier showed a stern-looking Park entering the Seoul Central District Court building amid a barrage of camera flashes. She did not comment to reporters. The court is expected to decide by Friday morning whether to approve her arrest.
If the court approves the arrest warrant requested by prosecutors, Park will be immediately sent to a detention facility as prosecutors can detain her for up to 20 days before laying formal charges.
If the court rejects the arrest request, prosecutors can still indict and charge her.
Prosecutors accuse Park of colluding with a confidante to extort from big businesses, take a bribe from one of the companies and commit other wrongdoings. The allegations prompted millions of South Koreans to stage streets protests every weekend for months before the Constitutional Court ruled to dismiss her on March 10. Park's presidential powers had already been suspended after parliament impeached her in December.
It was a dramatic setback to Park, South Korea's first female president who rose to power four years ago amid conservatives' nostalgia for her late dictator father who is credited by supporters for pulling a war-torn country out of poverty in the 1960-70s. Liberal critics revile her father as a ruthless leader who tortured and imprisoned his opponents.
Earlier Thursday, hundreds of her supporters, mostly elderly conservative citizens, gathered near her Seoul home, waving national flags and chanting slogans when she left for the court.
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US appeals court upholds Maryland assault weapons ban
Legal Opinions |
2017/02/24 00:34
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Maryland's ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent.
In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Va., said the guns banned under Maryland's law aren't protected by the Second Amendment.
"Put simply, we have no power to extend Second Amendment protections to weapons of war," Judge Robert King wrote for the court, adding that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded such coverage.
Maryland Attorney General Brian Frosh, who led the push for the law in 2013 as a state senator, said it's "unthinkable that these weapons of war, weapons that caused the carnage in Newtown and in other communities across the country, would be protected by the Second Amendment."
"It's a very strong opinion, and it has national significance, both because it's en-banc and for the strength of its decision," Frosh said, noting that all of the court's judges participated.
Judge William Traxler issued a dissent. By concluding the Second Amendment doesn't even apply, Traxler wrote, the majority "has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms." He also wrote that the court did not apply a strict enough review on the constitutionality of the law. |
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Kenya court blocks closing of world's biggest refugee camp
Legal Opinions |
2017/02/09 23:42
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A Kenyan court ruled Thursday that the government must not close the world's largest refugee camp and send more than 200,000 people back to war-torn Somalia, a decision that eases pressure on Somalis who feared the camp would close by the end of May.
Kenya's internal security minister abused his power by ordering the closure of Dadaab camp, Judge John Mativo said, adding that the minister and other officials had "acted in excess and in abuse of their power, in violation of the rule of law and in contravention of their oaths of office."
Rights groups Amnesty International, Kituo cha Sheria and the Kenyan National Commission on Human Rights had challenged the government's order to close the camp, which has operated for more than a quarter-century.
Kenya's government quickly said it will appeal the ruling. "Being a government whose cardinal responsibility is first to Kenyans, we feel this decision should be revoked," spokesman Eric Kiraithe said.
The judge called the order discriminatory, saying it goes against the Kenyan constitution as well as international treaties that protect refugees against being returned to a conflict zone.
President Uhuru Kenyatta's government has not proved Somalia is safe for the refugees to return, the judge said, also calling the orders to shut down the government's refugee department "null and void."
Somalia remains under threat of attacks from homegrown extremist group al-Shabab. Some Kenyan officials have argued that the sprawling refugee camp near the border with Somalia has been used as a recruiting ground for al-Shabab and a base for launching attacks inside Kenya. But Kenyan officials have not provided conclusive proof of that. |
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Top court reviews free speech case of man's anti-police rap
Legal Opinions |
2017/01/22 13:15
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Pennsylvania's highest court is reviewing the conviction of a Pittsburgh man for making threats against police in a rap song after he was charged with drug offenses.
The Supreme Court on Monday said it would take up an appeal by Jamal Knox, who argues his song, which was briefly posted online, is protected by the right to free speech. Knox wants the court to set aside his convictions for witness intimidation and making terroristic threats.
"Just because a police officer arrests you, doesn't mean you are stripped of any free speech ability to say, 'Wait a minute, that officer did me wrong, and here's why I think so,'" Knox's lawyer Patrick K. Nightingale said Tuesday.
The Allegheny County district attorney's office, which declined comment for this story, told Superior Court last year the song "was not mere political hyperbole but, rather, the sort of 'true threat' that is not protected by the First Amendment."
The case began with an April 2012 traffic stop in the city's East Liberty section, when Knox, now 22, drove away after telling an officer he did not have a valid driver's license. Following a chase in which he hit a parked car and a fence, police found 15 bags of heroin and $1,500 on Knox and a stolen, loaded gun in the vehicle.
Seven months later, an officer came across the video online, performed by Knox under the name "Mayhem Mal" of the "Ghetto Superstar Committee" with co-defendant Rashee Beasley — and accompanied by photos of them both. Knox and Beasley posted another video in which they said they wrote the song.
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