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Schumer rallies opposition to Trump anti-abortion court pick
Lawyer Blog News | 2018/07/01 18:02
The Senate's top Democrat tried Monday to rally public opposition to any Supreme Court pick by President Donald Trump who'd oppose abortion rights, issuing a striking campaign season call to action for voters to prevent such a nominee by putting "pressure on the Senate."

With Trump saying he'll pick from a list of 25 potential nominees he's compiled with guidance from conservatives, Senate Minority Leader Chuck Schumer said any of them would be "virtually certain" to favor overturning Roe v. Wade, the 1973 case that affirmed women's right to abortion. They would also be "very likely" to back weakening President Barack Obama's 2010 law that expanded health care coverage to millions of Americans, he said.

Schumer said that while Democrats don't control the Senate — Republicans have a 51-49 edge — most senators back abortion rights. In an unusually direct appeal to voters, he said that to block "an ideological nominee," people should "tell your senators" to oppose anyone from Trump's list.

"It will not happen on its own," the New Yorker wrote in an opinion column in Monday's New York Times. "It requires the public's focus on these issues, and its pressure on the Senate."

Trump has said he is focusing on up to seven potential candidates, including two women, to fill the vacancy of retiring Justice Anthony Kennedy, a swing vote on the nine-member court. He's said he'll announce his pick July 9.

Schumer's column appeared a day after Sen. Susan Collins, R-Maine, said she would oppose any nominee she believed would overturn Roe v. Wade. Collins said she would only back a judge who would show respect for settled law such as the Roe decision, which has long been anathema to conservatives.


For new Supreme Court justice, a host of big issues awaits
Court Feed News | 2018/07/01 00:04
Justice Anthony Kennedy's successor will have a chance over a likely decades-long career to tackle a host of big issues in the law and have a role in shaping the answers to them.

Most court-watchers and interest groups are focused on abortion and whether a more conservative justice may mean more restrictions on abortions get upheld or even whether the 1973 Roe v. Wade abortion decision affirming a woman's right to abortion might someday be overturned.

But Kennedy's replacement will quickly confront a host of issues, some prominent and others not. Whomever President Donald Trump chooses, the person is expected to move the court to the right. Conservative groups, seeing a court friendlier to their views, might look at the new court and think it's time to bring challenges to liberal laws currently on the books. And conservative state lawmakers may also attempt to pass legislation testing boundaries they wouldn't have while Kennedy was on the court.

The Supreme Court in the term that ended Wednesday had two cases before it dealing with whether electoral maps can give an unfair advantage to a political party. The justices ducked that question, sending cases from Wisconsin and Maryland back to lower courts for further review. Kennedy had been the justice who left the door open to court challenges to extreme partisan redistricting, but he never found a way to measure it that satisfied him. A case involving North Carolina's heavily Republican congressional districting map now in a lower court could provide an opportunity for the justices to revisit the issue as soon as next term.

Another unresolved issue recently before the court is whether a business can cite religious objections in order to refuse service to gay and lesbian people. The court could have tackled that issue in a case argued this term about a Colorado baker who wouldn't make a wedding cake for a same-sex couple. Instead, the justices found that a member of the Colorado commission that looked at the case displayed an anti-religious bias against the baker but left for another day the broader question.

The justices could have added another case on the issue to the list of cases they'll begin hearing arguments in this fall, a case that involved a flower shop owner who cited her religious beliefs in declining to provide flowers for a same-sex wedding. For now they've sent that case back to a lower court. That same case or another one like it could quickly be in front of the court again.


McConnell touts Thapar for Supreme Court seat
Business Law Info | 2018/07/01 00:03
Senate Majority Leader Mitch McConnell said Saturday he has touted fellow Kentuckian Amul Thapar to fill a looming vacancy on the Supreme Court, but acknowledged he has "no idea" who President Donald Trump will choose.

McConnell told reporters he has encouraged Trump to consider Thapar, and said he hopes the federal appeals court judge is "in the final group" as the president looks for a successor to retiring Justice Anthony Kennedy.

Thapar is a former U.S. District Court judge in Kentucky. He has already been nominated once by Trump, for his current seat on the 6th U.S. Circuit Court of Appeals. McConnell has been a longtime supporter of Thapar, stretching back to the judge's tenure as a federal prosecutor.

"I think he's absolutely brilliant, with the right temperament," McConnell said of Thapar. "But others have their favorites. And I have no idea who the president may choose."

Trump has said he will announce his choice on July 9. The president has promised to draw the next justice from a list of 25 prospective candidates that was first established during the 2016 presidential campaign and updated last fall, with advice from conservatives. Thapar's name has come up among possible nominees being eyed.

In a speech Saturday to a GOP gathering in Louisville, McConnell said the goal is to have a new justice in place in time for the start of the Supreme Court's next term in October. As majority leader, McConnell sets the schedule in the narrowly divided Senate.

"There's not any doubt in my mind that we'll be able to get this new nominee confirmed, and I'm confident the president is going to send up an all-star, somebody of very high quality," McConnell told reporters later.

McConnell predicted the nominee will be similar to Trump's first Supreme Court selection, Neil Gorsuch, in terms of background and philosophy on the judiciary's role.


Court: S.Korea must allow alternative for military objectors
Business Law Info | 2018/06/28 00:04
South Korea's Constitutional Court ruled Thursday that the country must allow alternative social service for people who conscientiously object to military service, which is currently mandatory for able-bodied males.

The ruling requires the government to introduce alternative service by the end of 2019. It was hailed by activists as a breakthrough that advances individual rights and freedom of thought.

It is also likely to trigger a heated debate in a country which maintains a huge military to counter North Korea threats, and where many have accused conscientious objectors of attempting to evade the draft.

Hundreds of conscientious objectors are imprisoned in South Korea each year, serving terms of 18 months or longer. Most are Jehovah's Witnesses who refuse to serve in the military on religious grounds.

"Too many people have been forced to choose between prison and the military, and when they choose prison, a term of 1 1/2 years has been almost automatic," said Lim Jae-sung, a human rights lawyer who has represented contentious objectors. "This is great news for those who are currently on trial or will conscientiously object to military service in the future as we probably won't be marching them straight to jail."

The court said the current law, which does not permit alternative service, is unconstitutional because it infringes excessively on individual rights.

The court acknowledged that conscientious objectors experience "enormous disadvantages" in addition to their prison terms, including restrictions in public sector employment, maintaining business licenses and social stigma.




European Union moves against Poland for its new court law
U.S. Legal News | 2018/06/28 00:03
The European Union opened a rule-of-law procedure Monday against Poland over what it sees as flaws in Poland's Supreme Court law, intensifying a standoff that could eventually see Poland lose its EU voting rights.

The move comes a day before a new law takes effect that forces the early retirement of nearly 40 percent of the court's judges.
The law is the culmination of the ruling populist Law and Justice Party's efforts to put Poland's entire court system until its control, a plan it began nearly three years ago. For their part, party leaders claim they are reforming an inefficient. corrupt court system in the grip of an unaccountable caste of judges.

Critics see the law on Poland's Supreme Court as the most dramatic step in the party's takeover of the courts, giving the ruling party the power to stack the court with its supporters. One of court's jobs is to verify the results of elections, and critics say the new law marks a serious reversal for democracy.

The European Commission said Monday the measures in Poland's new court law "undermine the principle of judiciary independence." It also insisted that it "stands ready to continue the rule-of-law dialogue" despite starting the legal procedure.


Georgia officer to appear in court after deadly shooting
Law & Politics | 2018/06/27 00:03
A white Georgia police officer charged with voluntary manslaughter after shooting a fleeing black man is set to make his first court appearance.

Kingsland Police Officer Zechariah Presley's hearing will be at 2 p.m. Friday in Camden County, Georgia.

Presley was charged after the Georgia Bureau of Investigation reviewed his body camera recording and other evidence in the death of Anthony Green in the small south Georgia town of Kingsland.

Presley's lawyer, Adrienne Browning, said her client is looking forward to his day in court and declined further comment. The killing has enraged Green's family and friends. They plan to hold a news conference with their lawyers at 11:30 a.m. Friday.


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