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Mexico’s first elected Supreme Court faces critical test of independence
Top Court Watch |
2025/08/27 10:01
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Mexico’s first elected Supreme Court will be seated Monday and observers will be watching closely to see whether it will assert its independence from the governing party that held the country’s first judicial elections.
Just three of its nine justices have any experience on the high court, the rest are new, including the court’s president Hugo Aguilar, a lawyer who spent his career defending Indigenous rights.
The idea of judicial elections came from Mexico’s former President Andres Manuel Lopez Obrador, who frequently clashed with judges who challenged his agenda. He said judges elected by the people would be more accountable and less corrupt. Critics said electing judges risked politicizing the judiciary.
The election was supposed to be nonpartisan, but there were instances of voting pamphlets being distributed that identified candidates linked to the governing party. Many voters were simply overwhelmed by the 7,700 candidates vying for more than 2,600 judicial positions.
The Supreme Court, however, will receive special attention. It had been a counterweight at times to the popular Lopez Obrador, whose Morena party also now holds majorities in both chambers of Congress.
It’s an issue that has brought broad international criticism to Mexico. Lopez Obrador expanded the crimes for which someone is automatically jailed pending trial, including for some nonviolent crimes. The policy appears to violate international treaties which Mexico has signed.
The U.N. High Commissioner for Human Rights Office and the Inter-American Court on Human Rights are among the bodies that have called for Mexico to repeal the policy.
The Mexican government says that it is a necessary tool to take on criminal activity and to protect judges.
But in a country where cases can drag on for years without a trial reaching a conclusion and only one in five of those charged are convicted, critics say the policy violates their rights. Four of every 10 people in Mexican prisons had not been convicted in 2023, according to the Federal and State Penitentiary Systems census.
The previous court declined to take it up in its final days.
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Man charged with killing Minnesota lawmaker plans to plead not guilty
Top Court Watch |
2025/07/16 12:03
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A Minnesota man plans to plead not guilty to charges he killed the top Democratic leader in the state House and her husband after wounding another lawmaker and his wife, his attorney said.
Vance Boelter, 57, is due in federal court for his arraignment on Sept. 12 under an order issued late Tuesday, hours after a grand jury indicted him on six counts of murder, stalking and firearms violations. The murder charges could carry the federal death penalty.
At a news conference Tuesday, prosecutors released a rambling handwritten letter they say Boelter wrote to FBI Director Kash Patel in which he confessed to the June 14 shootings of Melissa Hortman and her husband Mark. However, the letter doesn’t make clear why he targeted the couples.
Boelter’s federal defender, Manny Atwal, said in an email that the weighty charges do not come as a surprise.
“The indictment starts the process of receiving discovery which will allow me to evaluate the case,” Atwal said Tuesday. She did not immediately comment Wednesday on any possible defense strategies.
At his last court appearance, Boelter said he was “looking forward to the facts about the 14th coming out.”
While the scheduling order set a trial date of Nov. 3, Atwal said it was “very unlikely” to happen so soon.
Investigators have already gathered a huge amount of evidence that both sides will need time to evaluate. The scheduling order acknowledges that both sides may find grounds for seeking extensions. And the potential for a death sentence adds yet another level of complexity.
The acting U.S. attorney for Minnesota, Joe Thompson, reiterated Tuesday that they consider the former House speaker’s death a “political assassination” and the wounding of Sen. John Hoffman an “attempted assassination.”
But Thompson told reporters a decision on whether to seek the death penalty “will not come for several months.” He said it will ultimately be up to U.S. Attorney General Pam Bondi, with input from the capital case unit at the Department of Justice, local prosecutors and the victims.
Minnesota abolished its state death penalty in 1911, but the Trump administration says it intends to be aggressive in seeking capital punishment for eligible federal crimes.
Boelter’s motivations remain murky. Friends have described him as an evangelical Christian with politically conservative views who had been struggling to find work. Boelter allegedly made lists of politicians in Minnesota and other states — all or mostly Democrats — and attorneys at national law firms. In an interview published by the New York Post on Saturday, Boelter insisted the shootings had nothing to do with his opposition to abortion or his support for President Donald Trump, but he declined to elaborate on that point.
“There is little evidence showing why he turned to political violence and extremism,” Thompson said.
Prosecutors say Boelter was disguised as a police officer and driving a fake squad car early June 14 when he went to the Hoffmans’ home in the Minneapolis suburb of Champlin. He allegedly shot the senator nine times, and his wife, Yvette, eight times, but they survived.
Boelter later allegedly went to the Hortmans’ home in nearby Brooklyn Park and killed both of them. Their dog was so gravely injured that he had to be euthanized.
Investigators found Boelter’s letter to the FBI director in the car he abandoned near his rural home in Green Isle, west of Minneapolis. He surrendered the night after the shootings following what authorities have called the largest search for a suspect in Minnesota history. |
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Trump says he’s considering ‘taking away’ Rosie O’Donnell’s US citizenship
Top Court Watch |
2025/07/13 08:33
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President Donald Trump says he is considering “taking away” the U.S. citizenship of a longtime rival, actress and comedian Rosie O’Donnell, despite a decades-old Supreme Court ruling that expressly prohibits such an action by the government.
“Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship,” Trump wrote in a social media post on Saturday. He added that O’Donnell, who moved to Ireland in January, should stay in Ireland “if they want her.”
The two have criticized each other publicly for years, an often bitter back-and-forth that predates Trump’s involvement in politics. In recent days, O’Donnell on social media denounced Trump and recent moves by his administration, including the signing of a massive GOP-backed tax breaks and spending cuts plan.
It’s just the latest threat by Trump to revoke the citizenship of people with whom he has publicly disagreed, most recently his former adviser and one-time ally, Elon Musk.
But O’Donnell’s situation is notably different from Musk, who was born in South Africa. O’Donnell was born in the United States and has a constitutional right to U.S. citizenship. The U.S. State Department notes on its website that U.S. citizens by birth or naturalization may relinquish U.S. nationality by taking certain steps – but only if the act is performed voluntary and with the intention of relinquishing U.S. citizenship.
Amanda Frost, a law professor at the University of Virginia School of Law, noted the Supreme Court ruled in a 1967 case that the Fourteen Amendment of the Constitution prevents the government from taking away citizenship.
“The president has no authority to take away the citizenship of a native-born U.S. citizen,” Frost said in an email Saturday. “In short, we are nation founded on the principle that the people choose the government; the government cannot choose the people.”
O’Donnell moved to Ireland after Trump defeated Vice President Kamala Harris to win his second term. She has said she’s in the process of obtaining Irish citizenship based on family lineage.
Responding to Trump Saturday, O’Donnell wrote on social media that she had upset the president and “add me to the list of people who oppose him at every turn.” |
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US completes deportation of 8 men to South Sudan after weeks of legal wrangling
Top Court Watch |
2025/07/06 10:14
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Eight men deported from the United States in May and held under guard for weeks at an American military base in the African nation of Djibouti while their legal challenges played out in court have now reached the Trump administration’s intended destination, war-torn South Sudan, a country the State Department advises against travel to due to “crime, kidnapping, and armed conflict.”
The immigrants from Cuba, Laos, Mexico, Myanmar, Vietnam and South Sudan arrived in South Sudan on Friday after a federal judge cleared the way for the Trump administration to relocate them in a case that had gone to the Supreme Court, which had permitted their removal from the U.S. Administration officials said the men had been convicted of violent crimes in the U.S.
“This was a win for the rule of law, safety and security of the American people,” said Homeland Security spokeswoman Tricia McLaughlin in a statement Saturday announcing the men’s arrival in South Sudan, a chaotic country in danger once more of collapsing into civil war.
The Supreme Court on Thursday cleared the way for the transfer of the men who had been put on a flight in May bound for South Sudan. That meant that the South Sudan transfer could be completed after the flight was detoured to a base in Djibouti, where they men were held in a converted shipping container. The flight was detoured after a federal judge found the administration had violated his order by failing to allow the men a chance to challenge the removal.
The court’s conservative majority had ruled in June that immigration officials could quickly deport people to third countries. The majority halted an order that had allowed immigrants to challenge any removals to countries outside their homeland where they could be in danger.
A flurry of court hearings on Independence Day resulted a temporary hold on the deportations while a judge evaluated a last-ditch appeal by the men’s before the judge decided he was powerless to halt their removals and that the person best positioned to rule on the request was a Boston judge whose rulings led to the initial halt of the administration’s effort to begin deportations to South Sudan.
By Friday evening, that judge had issued a brief ruling concluding the Supreme Court had tied his hands.
The men had final orders of removal, Immigration and Customs Enforcement officials have said. Authorities have reached agreements with other countries to house immigrants if authorities cannot quickly send them back to their homelands.
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Court widens options for vaping companies pushing back against FDA rules
Top Court Watch |
2025/06/26 08:06
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The Supreme Court sided with e-cigarette companies on Friday in a ruling making it easier to sue over Food and Drug Administration decisions blocking their products from the multibillion-dollar vaping market.
The 7-2 opinion comes as companies push back against a yearslong federal regulatory crackdown on electronic cigarettes. It’s expected to give the companies more control over which judges hear lawsuits filed against the agency.
The justices went the other way on vaping in an April decision, siding with the FDA in a ruling upholding a sweeping block on most sweet-flavored vapes instituted after a spike in youth vaping.
The current case was filed by R.J. Reynolds Vapor Co., which had sold a line of popular berry and menthol-flavored vaping products before the agency started regulating the market under the Tobacco Control Act in 2016.
The agency refused to authorize the company’s Vuse Alto products, an order that “sounded the death knell for a significant portion of the e-cigarette market,” Justice Amy Coney Barrett wrote in the majority opinion.
The company is based in North Carolina and typically would have been limited to challenging the FDA in a court there or in the agency’s home base of Washington. Instead, it joined forces with Texas businesses that sell the products and sued there. The conservative 5th U.S. Circuit Court of Appeals allowed the lawsuit to go forward, finding that anyone whose business is hurt by the FDA decision can sue.
The agency appealed to the Supreme Court, arguing that R.J. Reynolds was attempting to find a court favorable to its arguments, a practice often referred to as “judge shopping.”
The justices, though, found that the law does allow other businesses affected by the FDA decisions, like e-cigarette sellers, to sue in their home states.
In a dissent, Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, said she would have sided with the agency and limited where the cases can be filed.
The Campaign for Tobacco-Free Kids called the majority decision disappointing, saying it would allow manufacturers to “judge shop,” though it said the companies will still have to contend with the Supreme Court’s April decision.
Attorney Ryan Watson, who represented R.J. Reynolds, said that the court recognized that agency decisions can have devastating downstream effects on retailers and other businesses, and the decision “ensures that the courthouse doors are not closed” to them.
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