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Justices question Alaska $500-a-year contribution limit
Law Firm News | 2019/11/23 10:03
The Supreme Court is raising doubts about Alaska’s $500-a-year limit on contributions to political candidates. The justices are ordering a lower court to take a new look at the issue.

The court says in an unsigned opinion Monday that federal judges who had rejected a challenge to the contribution cap did not take account of a 2006 high court ruling invalidating low-dollar limits on political contributions in Vermont.

The Alaska challengers argue that the state is alone in imposing such low limits even on gubernatorial candidates “who must campaign across Alaska’s vast expanse and widely dispersed media markets.”

Justice Ruth Bader Ginsburg wrote in a short separate opinion that Alaska’s reliance on the energy industry may make the state unusually vulnerable to political corruption and justify low limits.



Challenger accuses Supreme Court’s Kelly of corruption
Court Watch | 2019/11/19 19:22
Wisconsin Supreme Court challenger Jill Karofsky suggested Tuesday that Justice Daniel Kelly is corrupt because he repeatedly rules in favor of conservative groups, saying it makes no sense that the law could be on their side all the time.

Karofsky made the remarks at the candidates’ first debate. Karofsky and Kelly used the opportunity to paint each other as partisan and the third candidate, Ed Fallone, struggling to get a word in during their exchanges.

Kelly is part of the high court’s five-justice conservative majority. Karofsky went right at him as soon as the debate began, saying it’s “amazing” that a justice is being supported by right-wing special interest groups. Twice she implied that Kelly is corrupt, questioning why he repeatedly rules in conservative groups’ favor.

“What voters see is that you get support from special interests. You ignore the rule of law and you find in favor of those special interests over and over and over again, and that feels like corruption to people in the state of Wisconsin,” Karofsky said.

Kelly shot back that Karofsky scores the outcome of cases through a political lens. He said he applies the law fairly and uses hard logic to reach his decisions.



Ohio Supreme Court keeps camera challenge alive
Court Watch | 2019/11/19 19:21
Ohio’s Supreme Court has rejected Toledo’s motion to dismiss a challenge to how the city handles appeals of citations related to camera-captured traffic violations.

The high court recently rejected the motion to dismiss a challenge by Susan Magsig, of Woodville.

The Toledo Blade reports  Magsig received a citation alleging a camera held by a police officer caught her vehicle traveling 75 mph in a 60 mph-zone. Magsig argues Toledo violates state law by considering such appeals through an administrative hearing rather than through municipal court.

The city argues the case shouldn’t continue because a lower court’s preliminary ruling prevents enforcement of a state law giving local courts jurisdiction over all traffic violations. Magsig’s attorney says she isn’t bound by that ruling involving a legal dispute between the city and state.


Bolivians urge US court to restore $10M verdict on killings
Politics | 2019/11/17 19:21
Bolivians asked a U.S. appeals court Tuesday to restore a $10 million jury verdict against a former president and defense minister of the South American nation over killings by security forces during 2003 unrest there.

Lawyers for a group of indigenous Bolivians told a three-judge panel of the 11th U.S. Circuit Court of Appeals that a Florida judge was wrong to set aside last year's verdict.

The jury found against former Bolivian President Gonzalo "Goni" Sanchez de Lozada and former defense minister, Jose Carlos Sanchez Berzain. Both have been living in the U.S. after fleeing Bolivia in 2003.

We have faith that the court of appeals will see what the Bolivian people and the American jury also saw: that Goni and Sánchez Berzaín are responsible for these killings, and that justice must be done," said Teófilo Baltazar Cerro, a plaintiff whose pregnant wife Teodosia was shot and killed during the unrest.

The judges did not indicate when they would rule. In the lawsuit, relatives of eight Bolivians who died claimed the two officials planned to kill thousands of civilians to crush political opposition during civil unrest known as the "Gas War." The lawsuit was filed under the Torture Victim Protection Act, which authorizes suits in the U.S. for extrajudicial killings.

The unrest erupted in the fall of 2003 as street protests in Bolivia over use of the country's vast natural gas reserves boiled over. Demonstrators threw up street blockades of flaming debris and rubble in several places including on the outskirts of the capital of La Paz, and violent clashes between police and security forces with the civilian protesters turned deadly.

At times, government forces intent on clearing street barricades fired on demonstrators, mainly in the El Alto municipality adjacent to La Paz, leading to deaths. Other fatalities were reported in confrontations between security forces and Bolivian miners marching to the capital in support of the protesters. Many of the civilian victims were indigenous Aymara Bolivians.


EU court refers doubts on Polish judiciary to national court
Legal Interview | 2019/11/12 19:22
The European Union's top court ruled Tuesday that there are reasons to question the independence of a new judicial chamber in Poland that monitors and potentially punishes judges.

However, the European Court of Justice left it to Poland's highest court to determine whether the new Disciplinary Chamber is independent of influence from the nations' legislative and executive powers.

In Poland, both sides of the heated dispute around the ruling party's controversial changes to the country's judiciary declared victory upon hearing the verdict.

The head of the Supreme Court, Malgorzata Gersdorf, said the EU court clearly shared concerns over the new chamber, which is part of the Supreme Court. She vowed action aiming to "restore trust" in Poland's top court and its judicial bodies.

The right-wing government, however, said the ruling, which referred the matter back to Poland's judges, was a clear sign that the EU court believes it has no jurisdiction to assess the justice systems of member nations. Poland's ruling Law and Justice party has been voicing that opinion ever since it started to introduce changes to the judiciary when it took power in 2015.


Indian court rules in favor of Hindu temple on disputed land
Headline News | 2019/11/09 18:17
India's Supreme Court on Saturday ruled in favor of a Hindu temple on a disputed religious ground in the country's north and ordered that alternative land be given to Muslims to build a mosque ? a verdict in a highly contentious case that was immediately deplored by a key Muslim body.

The dispute over land ownership has been one of India's most heated issues, with Hindu nationalists demanding a temple on the site in the town of Ayodhya in Uttar Pradesh state for more than a century. The 16th century Babri Masjid mosque was destroyed by Hindu hard-liners in December 1992, sparking massive Hindu-Muslim violence that left some 2,000 people dead.

Saturday's verdict paves the way for building the temple in place of the demolished mosque. As the news broke, groups of jubilant Hindus poured into Ayodhya's streets and distributed sweets to celebrate the verdict, but police soon persuaded them to return to their homes. As night fell, a large number of Hindus in the town lit candles, lamps and firecrackers to celebrate, and police faced a tougher time in curbing their enthusiasm.

The five Supreme Court justices who heard the case said in a unanimous judgment that 5 acres (2 hectares) of land will be allotted to the Muslim community to build a mosque, though it did not specify where. The court said the 5 acres is "restitution for the unlawful destruction of the mosque."

The disputed land, meanwhile, will be given to a board of trustees for the construction of a temple to the Hindu god Ram.


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