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Kavanaugh's support for surveilling Americans raises concern
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2018/08/29 23:19
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Supreme Court nominee Brett Kavanaugh has frequently supported giving the U.S. government wide latitude in the name of national security, including the secret collection of personal data from Americans.
It's a subject Democrats plan to grill Kavanaugh about during his confirmation hearings scheduled to begin next Tuesday. Beyond his writings as an appeals court judge, some senators suspect Kavanaugh was more involved in crafting counterterrorism policies during the George W. Bush administration than he has let on.
Kavanaugh stated in past congressional testimony that he wasn't involved in such provocative matters as warrantless surveillance and the treatment of enemy combatants in the years immediately after the Sept. 11, 2001, terrorist attacks.
But legal experts say he could shift the court on national security issues, if he is confirmed to replace retired Justice Anthony Kennedy.
Stephen Vladeck, a University of Texas law professor whose expertise includes national security and counterterrorism, cites opinions he says show Kavanaugh "is a lot less willing (than Kennedy) to look at international law as a relevant source of authority and constraint." He said on matters such as Guantanamo detention, Kavanaugh is "much more deferential to the executive branch in this context than Kennedy would have been."
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In Veterans Court, former service members fight new battle
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2018/08/25 20:17
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Sheriff's deputies steered three handcuffed men into Veterans Court one day this summer. The backs of their red jumpsuits read "Allegheny County Jail." One prisoner had doe eyes and long hair, resembling pictures of Christ.
He wore shackles around his ankles.
When he stood before Judge John Zottola, his eyes cast down, the judge cocked his head with a "What are we going to do with you?" expression on his face.
A probation officer said the young man, an Iraq War combat veteran, had absconded -- a word that in court means fled -- while under house arrest. The judge ordered a transfer to a Bath, N.Y., treatment center for veterans who suffer post-traumatic stress and addiction.
Seeing a veteran shackled in his own country is particularly unsettling when you realize jail may be where he is most safe. But most veterans in this court are not incarcerated. They have an out, as long as they check in with the probation officer, keep their records and urine clean and show up for court. The process of getting through three phases of good behavior takes a year.
Allegheny County Veterans Treatment Court is an acknowledgement that veterans deserve special consideration when they land in the criminal justice system. They are diverted into a side stream of the larger channel. If they have post-traumatic stress or traumatic brain injury on top of their violations, their treatment team can work to untangle these issues.
Judge Zottola, who meets before court with the parties of each day's hearing, describes it as "a problem solving court, with positive rewards and regular sanctions."
His courtroom hums with collaborative spirit. Before he calls the room to order, people mill about, sharing information. The hearings, too, are more casual than typical court proceedings.
"We are a team and we take a team approach to assist you," Judge Zottola says as he opens his sessions. "Please take advantage of that help.
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Nevada Supreme Court taking up execution case
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2018/08/10 16:55
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The Nevada Supreme Court has stepped in to decide whether drug companies can try to stop the state from using their medications in a twice-postponed lethal injection of a condemned inmate who wants to die.
A state court judge in Las Vegas cancelled hearings Thursday following an order late Wednesday from six of the high court's seven justices.
Supreme Court intervention had been sought by the state attorney general's office regarding the execution of Scott Raymond Dozier.
The judge had planned to hear drugmaker Sandoz's request to join a bid by Alvogen and Hikma Pharmaceuticals to prevent Nevada from using their products in a three-drug combination never before tried in any state.
A Nevada death-row inmate whose execution has been postponed twice says the legal fight over his fate is taking a tortuous toll on him and his family and he wants his sentence carried out.
Scott Raymond Dozier told The Associated Press that the state should, in his words, "just get it done, just do it effectively and stop fighting about it."
Dozier's comments in a brief prison telephone call on Wednesday came a day before a third drug company is due to ask a state court judge in Las Vegas to let it join with two other firms suing to block the use of their products in executions.
The companies say they publicly declared they didn't want their products used in executions and allege that Nevada improperly obtained their drugs.
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Hawaii Supreme Court sides with lesbian couple in B&B case
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2018/07/16 10:24
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A Hawaii appeals court ruling that a bed and breakfast discriminated by denying a room to two women because they're gay will stand after the state's high court declined to take up the case.
Aloha Bed & Breakfast owner Phyllis Young had argued she should be allowed to turn away gay couples because of her religious beliefs.
But the Hawaii Supreme Court on Tuesday unanimously rejected Young's appeal of a lower court ruling that ordered her to stop discriminating against same-sex couples.
Young is considering her options for appeal, said Jim Campbell, senior counsel for Alliance Defending Freedom, a conservative Christian law firm that is representing her. He said Young might not be able to pay her mortgage and could lose her home if she's not able to rent rooms.
"Everyone should be free to live and work according to their religious convictions - especially when determining the living arrangements in their own home," Campbell said in an emailed statement.
Peter Renn, who represents the couple, said the Hawaii high court's order indicates the law hasn't changed even after the U.S. Supreme Court last month, in a limited decision, sided with a Colorado baker who refused to make a wedding cake for a same-sex couple. He said "there still is no license to discriminate."
"The government continues to have the power to protect people from the harms of discrimination, including when it's motivated by religion," said Renn, who is a senior attorney with Lambda Legal, an organization that defends LGBTQ rights.
Diane Cervelli and Taeko Bufford of Long Beach, California, tried to book a room at Aloha Bed & Breakfast in 2007 because they were visiting a friend nearby. When they specified they would need just one bed, Young told them she was uncomfortable reserving a room for lesbians and canceled the reservation. |
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Lawyers: 2014 arrest at Vegas hotel precursor to killings
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2018/07/05 16:58
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Attorneys in a negligence lawsuit stemming from the Las Vegas Strip shooting say the massacre could have been avoided if hotel management tightened security after a man was found with multiple weapons at the Mandalay Bay resort in 2014.
Lawyer Robert Eglet said Friday the arrest of Kye Aaron Dunbar in a 24th-floor Mandalay Bay room with guns including an assault-style rifle, a tripod and a telescopic sight bears similarities to the Oct. 1 shooting.
Last year, gunman Stephen Paddock killed 58 people shooting modified assault-style weapons from a 32nd-floor room at the Mandalay Bay into a concert crowd below.
Dunbar is 32 and serving federal prison time after pleading guilty to unlawful possession of a firearm by a felon.
Hotel officials aren't commenting about a court filing Thursday that brought the Dunbar case to light.
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Court opening puts pressure on Democrats in Trump country
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2018/06/27 10:22
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The opening on the Supreme Court has created a dilemma for Democratic senators up for re-election in the states that President Donald Trump won in 2016.
The choice of whether to support the upcoming nominee could be particularly difficult for Sens. Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana and Joe Manchin of West Virginia.
Opposing Trump's Supreme Court nomination could dissolve some of the goodwill they've built up with Trump supporters.
But backing Trump's pick would bring its own political peril. That move would risk alienating Democratic donors and the party's base, potentially depressing voter turnout.
The three met with Trump on Thursday night to discuss the Supreme Court vacancy. The president already has a list of potential court nominees and is expected to make a decision quickly. |
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