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Trump picks combat over caution in court fight
Headline Topics |
2018/09/22 15:25
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White House aides and congressional allies worked all week to keep President Donald Trump from unloading on the woman who has accused Supreme Court nominee Brett Kavanaugh of sexual misconduct.
But as Kavanaugh's nomination hung in the balance, Trump couldn't contain his frustration any longer and unleashed a direct Twitter attack on the credibility of Christine Blasey Ford, who says Kavanaugh sexually assaulted her decades ago during a high school party.
Friday's tweet landed with a splat in the noxious brew of gender and politics that has taken over a high-stakes confirmation battle playing out against the backdrop of the #MeToo movement. In keeping with Trump's natural instinct to fight back when under attack, as well as his long pattern of defending powerful men against the claims of women, the president's tweet reflected growing anger over all the focus on Ford's accusation.
Trump initially believed he could support his nominee without wading into the specific allegations against Kavanaugh since they did not involve him. But that began to change as Trump watched ongoing coverage of the accusations, particularly on Air Force One TVs tuned into Fox News on his long flight Thursday from Washington to Las Vegas, according to a White House official and a Republican close to the White House. Both spoke on condition of anonymity because they were not authorized to discuss private conversations.
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The Latest: New Mexico court blocks straight-ticket option
Headline Topics |
2018/09/15 14:08
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The New Mexico Supreme Court is blocking a ballot option that would have allowed voters to select candidates from one particular party in all races by marking a single box.
The court made its decision Wednesday after listening to oral arguments about a plan from the state's top elections regulator to reinstate straight-ticket voting in the November general election.
The court found that Secretary of State Maggie Toulouse Oliver did not have authority to impose such a change.
Critics of the practice say it primarily harms independent, minor-party and Republican candidates in a state dominated by registered Democrats.
They argued in court that state law doesn't clearly say whether authority to design ballot forms extends to substantive decisions about straight-party voting, and that Secretary of State Maggie Toulouse Oliver should have consulted the public through the rulemaking process.
The New Mexico Supreme Court has indicated it will decide Wednesday whether voters should be allowed to select candidates from a particular party in all races by marking a single ballot box.
At issue is a plan from the state's top elections regulator to reinstate straight-ticket voting in the November general election.
Secretary of State Maggie Toulouse Oliver argued she has authority over ballot forms, including the discretion to determine whether to include a straight-party voting option.
Critics questioned that authority Wednesday, saying such decisions should be made by the Legislature and should be informed by data on voting behavior. They also raised concerns that no public hearings were held before Toulouse Oliver announced the change. |
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The Latest: International court 'undeterred' by Bolton
Headline Topics |
2018/09/12 14:12
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The International Criminal Court says it will continue to do its work "undeterred," despite National security adviser John Bolton's condemnation.
olton asserted Monday the court "threatens American sovereignty and U.S. national security interests."
The Netherlands-based court said in a statement Tuesday it was established by a treaty supported by 123 countries. It says it prosecuted cases only when those countries failed to do so or did not do so "genuinely."
The court pledges to "continue to do its work undeterred, in accordance with those principles and the overarching idea of the rule of law."
Bolton's speech came as an ICC judge was expected to soon announce a decision on a request from prosecutors to open an investigation into allegations of war crimes committed by Afghan national security forces, Taliban and Haqqani network militants and U.S. forces and intelligence in Afghanistan.
Iran's foreign minister is criticizing the United States for its opposition to the International Criminal Court.
Mohammad Javad Zarif said on his Twitter account Tuesday, "The US threatens to impose sanctions on the ICC & even prosecute its judges in American courts. Where is the outrage?"
He says, "The boorishness of this rogue US regime seems to know no bounds."
U.S. national security adviser John Bolton on Monday denounced the legitimacy of the Netherlands-based court, which was created in 2002 to prosecute war crimes. |
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Chaos marks start of Kavanaugh confirmation hearing
Headline Topics |
2018/09/03 23:13
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Quarreling and confusion marked the start of the Senate's confirmation hearings for Supreme Court nominee Brett Kavanaugh on Tuesday, with Democrats trying to block the proceedings because of documents being withheld by the White House. Protesters also disrupted the proceedings.
In his opening remarks released ahead of delivery, Kavanaugh sought to tamp down the controversy over his nomination, which would likely shift the closely divided court to the right. He promised to be a "team player" if confirmed, declaring that he would be a "pro-law judge" who would not decide cases based on his personal views.
But Democrats raised objections from the moment Chairman Chuck Grassley gaveled the committee to order. They want to review 100,000 documents about Kavanaugh's record being withheld by the White House as well as some 42,000 documents released to the committee on a confidential basis on the eve of the hearing, along with others not sought by Republicans on the committee.
"We have not been given an opportunity to have a meaningful hearing on this nominee," said Sen. Kamala Harris, D-Calif. Sen. Richard Blumenthal, D-Conn., made a motion to adjourn.
Grassley denied his request, but the arguments persisted.
More than a dozen protesters, shouting one by one, disrupted the hearing at several points and were removed by police. "This is a mockery and a travesty of justice," shouted one woman. "Cancel Brett Kavanaugh!"
Grassley defended the document production as the most open in history, saying there was "no reason to delay the hearing. He asked Kavanaugh, who sat before the committee with White House officials behind him, to introduce his parents, wife and children.
"I'm very honored to be here," Kavanaugh said.
With majority Republicans appearing united, it's doubtful the hearings will affect the eventual confirmation of President Donald Trump's nominee. But they will likely become a rallying cry for both parties just two months before the midterm elections.
Kavanaugh declared he would be even-handed in his approach to the law.
"A good judge must be an umpire, a neutral and impartial arbiter who favors no litigant or policy," Kavanaugh said in prepared opening remarks. "I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge."
"I would always strive to be a team player on the Team of Nine," he added.
The Supreme Court is more often thought of as nine separate judges, rather than a team. And on the most contentious cases, the court tends to split into two sides, conservative and liberal. But the justices often say they seek consensus when they can, and they like to focus on how frequently they reach unanimous decisions. |
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German court mulls jail for some over Munich air pollution
Headline Topics |
2018/08/26 20:13
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A German newspaper reports that judges are considering jailing senior Bavarian officials for failing to take action against air pollution in Munich, home to automaker BMW.
Daily Sueddeutsche Zeitung reported Monday that the southern German state's administrative court believes jailing officials may be the most effective way of forcing the Bavarian government to enforce emissions-cutting measures.
Munich topped the ranks of 65 German cities that exceeded levels of harmful particles last year. Bavarian officials have refused to impose measures in the state capital — such as limited bans on driving diesel vehicles — despite heavy fines.
According to the report, Bavarian judges want to seek legal guidance from the European Court of Justice on whether jailing officials — including state Environment Minister Marcel Huber and Governor Markus Soeder — would be permissible. |
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California high court rules for immigrant kids in visa fight
Headline Topics |
2018/08/19 10:48
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The California Supreme Court on Thursday made it easier for some immigrant children who are abused or abandoned by a parent to seek a U.S. visa to avoid deportation in a ruling that advocates said would help thousands of children.
State judges cannot require that children drag an absentee parent living abroad into court in their visa application process, the justices said in a unanimous decision. Immigration rights advocates had warned that such a requirement would make it nearly impossible for the children to fight deportation. That's because courts in California cannot establish authority over a foreign citizen and the parent may want nothing to do with a child claiming abuse, and would refuse to participate in a court proceeding in the U.S., immigration groups said.
The ruling overturned a lower court decision. The California Supreme Court said it was sufficient to adequately notify the absent parent of the court proceedings, but that parent did not have to be a party to the case.
California Attorney General Xavier Becerra said in court documents that the case had implications for a "substantial portion" of the thousands of children who have fled to the U.S. from Central America and Mexico and settled in California. Kristen Jackson, an attorney for the plaintiff in the case, estimated the ruling would affect thousands of children. |
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SC Supreme Court to decide if elected sheriff is qualified
Headline Topics |
2018/08/03 09:40
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Clarke Stearns has been working as sheriff for more than 18 months in McCormick County, but it's still up in the air whether he is qualified to be the county's top lawman.
Stearns' Democratic opponent in the 2016 election, J.R. Jones, sued him within a month after his victory, saying Stearns never served as a law officer in South Carolina and therefore didn't meet the requirement of being a certified officer in the state.
Stearns' lawyers have successfully argued so far that his 30 years certified as a law enforcement officer in Virginia are more than enough to cover the qualification to be sheriff and he also got his certification in South Carolina after the election.
After a lower court judge ruled against Jones, the lawsuit is now going before the state Supreme Court. Jones' lawyer Charles Grose, told The Index-Journal of Greenwood the Supreme Court has expedited the case.
Stearns, a Republican, received 57 percent of the vote in the 2016 election.
Both sides said they have sent their briefs to the South Carolina Supreme Court and are ready for the justices either to rule or set a time for arguments.
Under South Carolina law , sheriffs must be at least 21 years old, a citizen of the United States, a registered voter and have a year of experience as a certified officer if they have a four-year college degree. |
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