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Sri Lanka court orders prime minister to refrain from duties
Law Firm Press | 2018/12/03 01:42
A Sri Lankan court on Monday ordered disputed Prime Minister Mahinda Rajapaksa and his ministers to refrain from carrying out their duties as it hears an appeal against them.

While the ruling by the Court of Appeal is an interim order, it is yet another setback for Rajapaksa, who has held on to the position of prime minister with President Maithripala Sirisena's backing despite losing two no-confidence votes.

The parliamentary speaker announced that Rajapaksa's government was dissolved after the passage of the no-confidence motions. Parliament has also passed resolutions to cut off funds to the offices of Rajapaksa and his ministers.

Still, Rajapaksa continued to function as prime minister, with Sirisena dismissing the no-confidence votes, saying proper procedures were not followed.

Rajapaksa said in a statement later Monday that he did not accept the interim order and would file an appeal early Tuesday with the Supreme Court, the country's highest court.

Sri Lanka has been in political turmoil since Oct. 26, when Sirisena sacked Prime Minister Ranil Wickremesinghe and appointed Rajapaksa in his place.


Suspect in vandalism to Jewish boundary heads to court
Law Firm Press | 2018/06/04 02:25
A Massachusetts man charged with vandalizing the boundaries of a symbolic Jewish household known as an eruv is heading to court.

Police say 28-year-old Yerachmiel Taube, of Sharon, is scheduled to be arraigned Monday on charges including malicious destruction of property and destruction to a religious organization.

Taube was arrested Saturday in connection with the vandalism in Sharon that has been going on for several weeks.

The eruv is a series of poles and string that mark the boundaries of the Orthodox Jewish community's "household" in which they can carry certain items on the Sabbath.

Taube was held in custody over the weekend. It was not clear if he has a lawyer.

The Sharon eruv has been in the community since 1990 and is maintained by 40 volunteers.


Stephen Reinhardt, liberal circuit court judge, dies at 87
Law Firm Press | 2018/03/20 04:40
Judge Stephen Reinhardt, a liberal stalwart on the U.S. 9th Circuit Court of Appeals for nearly four decades, died Thursday in Southern California. He was 87.

Reinhardt died of a heart attack during a visit to a dermatologist in Los Angeles, court spokesman David Madden said.

"As a judge, he was deeply principled, fiercely passionate about the law and fearless in his decisions," 9th Circuit Chief Judge Sidney Thomas said in a statement. "He will be remembered as one of the giants of the federal bench."

Reinhardt was appointed by President Jimmy Carter in 1979 and went on to become the sixth longest-serving judge on the court.

He was considered to be one of the most liberal judges on the 9th Circuit and his rulings often placed him on the side of immigrants and prisoners. Reinhardt wrote a 2012 opinion striking down California's gay marriage ban.

He also wrote a 1996 opinion that struck down a Washington state law that prohibited doctors from prescribing medication to help terminally ill patients die.

Last year he wrote in an opinion that a Trump administration order to deport a man who entered the country illegally nearly three decades ago and became a respected businessman in Hawaii was "inhumane" and "contrary to the values of the country and its legal system."

Reinhardt was "brilliant - a great legal mind and writer - but he was equally hard working," said Hector Villagra, executive director of the American Civil Liberties Union Foundation of Southern California.

Villagra, who clerked for Reinhardt in 1995, said he once found the judge in his chambers at 11 p.m. on a Saturday writing a dissent to the court's decision not to rehear a death penalty appeal.


GOP to take new congressional map to court
Law Firm Press | 2018/02/18 15:03
Republicans say they’ll go to federal court this week to try to block new court-ordered boundaries of Pennsylvania’s congressional districts from remaining in effect for 2018’s elections.

Top Senate Republican lawyer Drew Crompton said Monday a separation of powers case will form the essence of the GOP’s argument. Crompton won’t say whether Republicans will go to a district court or the U.S. Supreme Court or what type of legal remedy they’ll seek.

But the case will involve making the argument the U.S. Constitution gives state legislatures and governors, not courts, the power to draw congressional boundaries.

Earlier this month, the U.S. Supreme Court wouldn’t stop the state court’s order to redraw congressional districts. Democratic Gov. Tom Wolf calls the new map an effort to remedy the state’s unfair and unequal congressional elections.

Democratic Pennsylvania Gov. Tom Wolf is applauding the new boundaries of congressional districts being imposed by the state Supreme Court.

Wolf said in a statement Monday that Pennsylvanians “are sick and tired of gerrymandering.” He calls the court’s map an effort to remedy the state’s unfair and unequal congressional elections.

Wolf had backed the Democratic-majority state high court’s ruling last month to throw out Pennsylvania’s district boundaries. Republicans have won 13 of Pennsylvania’s 18 seats in three elections under the invalidated map, although statewide elections are often closely contested.



Court rules Puigdemont must return to Spain for re-election
Law Firm Press | 2018/01/24 13:15
Spain's top court said Saturday that Catalonia's fugitive ex-president must return to the country and be present in the regional parliament to receive the authority to form a new government.

The Constitutional Court ruled that a session of Catalonia's parliament scheduled for Tuesday would be suspended if former leader Carles Puigdemont tries to be re-elected without being physically present in the chamber.

The court also said that Puigdemont must seek judicial authorization to attend the session.

Catalonia's separatist lawmakers have been considering voting Puigdemont back in as regional chief without him returning from Belgium, weighing options that included another parliament member standing in for him or him addressing the lawmakers via video.

The separatist leader fled Spain after the regional parliament made an unsuccessful declaration of independence on Oct. 27 in violation of Spain's Constitution. He is wanted in Spain on possible rebellion and sedition charges and is likely to be arrested if he returns.

The court, in a unanimous decision of the 11 magistrates present, said that the investiture of Puigdemont would be suspended without the previous authorization of a judge, "even if he is physically in the chamber."

That specification comes amid speculation that Puigdemont could try to slip back into Spain and sneak past police into the Barcelona-based parliament to be re-elected. Spain's Interior Minister, Juan Ignacio Zoido, said this week that police were increasing surveillance to ensure that doesn't happen.

The court also ruled that neither Puigdemont nor the four other former members of his Cabinet who also fled to Belgium to avoid a judicial summons three months ago could delegate their vote for Tuesday's session in another candidate.



Court eyes Massachusetts church-state dispute
Law Firm Press | 2017/09/07 01:13
An attorney says a Massachusetts town should not be barred from giving public funds to support the restoration of a historic building just because it happens to be a church.

Nina Pickering-Cook told Massachusetts' highest court on Thursday that communities' ability to protect their historic resources shouldn't change because the structures are owned by a religious entity.

At issue is whether the town of Acton violated Massachusetts' constitution when it approved more than $100,000 in community preservation grants to restore stained-glass windows and identify other needs at a church.

Douglas Mishkin is an attorney for the taxpayers who brought the lawsuit. Mishkin told the court that active houses of worship are clearly prohibited from getting taxpayer dollars.

The Supreme Judicial Court is expected to rule in the coming months.



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