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Lobster fishing union drops lawsuit about new whale closure
Court Line | 2022/08/26 17:59

A lobster fishing union in Maine has decided to drop part of its lawsuit against the federal government over new restrictions meant to protect rare whales.

The Maine Lobstering Union sued the National Oceanic and Atmospheric Administration after the government instated a seasonal ban on lobster fishing gear in a nearly 1,000-square-mile area off New England to try to protect North Atlantic right whales. The whales are vulnerable to entanglement in the gear.

Lawyers for the lobster fishing union told WCSH-TV the union wants instead to focus on other ongoing litigation about new rules intended to protect whales. New fishing rules meant to protect the whales are the subject of other lawsuits that are still under consideration by federal court.

A federal court ruling last month came down in favor of stronger protections for the animals. U.S. District Judge James Boasberg ruled in July that the federal government hasn’t done enough to protect the whales, and must craft new rules. The lobstering union and other fishing groups have pledged to follow that process closely with an eye to protecting the industry.


Court reinstates ban on lobster gear to protect right whales
Court Line | 2022/07/13 17:23

A federal circuit court has reinstated a ban on lobster fishing gear in a nearly 1,000-square-mile area off New England to try to protect endangered whales.

The National Marine Fisheries Service issued new regulations last year that prohibited lobster fishing with vertical buoy lines in part of the fall and winter in the area, which is in federal waters off Maine’s coast. The ruling was intended to prevent North Atlantic right whales, which number less than 340, from becoming entangled in the lines.

The U.S. District Court for the District of Maine issued a preliminary injunction to halt enforcement of the rules. The U.S. Court of Appeals for the First Circuit in Boston vacated that ruling Tuesday.

The circuit court sent the case back to the district court level, but noted in its ruling that it does not think the lobster fishing groups that sued to stop the regulations are likely to succeed because Congress has clearly instructed the fisheries service to protect the whales.

“Although this does not mean the balance will always come out on the side of an endangered marine mammal, it does leave plaintiffs beating against the tide, with no more success than they had before,” the court ruled.

The ruling was the second by a federal court in favor of right whale protection in the past week. A U.S. District judge ruled last week that the federal government hasn’t done enough to protect the whales from entanglement in lobster fishing gear, which can be lethal, and new rules are needed to protect the species from extinction.


Wisconsin Supreme Court disallows absentee ballot drop boxes
Court Line | 2022/07/06 23:51

Wisconsin’s conservative-controlled Supreme Court ruled Friday that absentee ballot drop boxes may be placed only in election offices and that no one other than the voter can return a ballot in person, dealing a defeat to Democrats who said the decision would make it harder to vote in the battleground state.

However, the court didn’t address whether anyone other than the voter can return his or her own ballot by mail. That means that anyone could still collect multiple ballots for voters and, instead of using a drop box, put them in the mail.

Republicans have argued that practice, known as ballot harvesting, is ripe with fraud although there has been no evidence of that happening in Wisconsin. Democrats and others argue that many voters, particularly the elderly and disabled, have difficulty returning their ballots without the assistance of others.

Supporters argue drop boxes are a better option than mailing ballots because they go directly to the clerks and can’t be lost or delayed in transit.

The decision sets absentee ballot rules for the Aug. 9 primary and the fall election; Republican U.S. Sen. Ron Johnson and Democratic Gov. Tony Evers are seeking reelection in key races.

Johnson and other Republicans hailed it as a win for voter integrity.

“This decision is a big step in the right direction,” Johnson said.

Evers and other Democrats said the ruling will make it more difficult for people to vote.

“It’s a slap in the face of democracy itself,” said Democratic Party Chairman Ben Wikler.

The court’s 4-3 ruling also has critical implications in the 2024 presidential race, in which Wisconsin will again be among a handful of battleground states. President Joe Biden defeated Donald Trump in 2020 by just under 21,000 votes, four years after Trump narrowly won the state by a similar margin.


Pakistani court orders probe into ex-minister’s arrest
Court Line | 2022/05/23 16:36

A court in Pakistan’s capital has ordered an investigation into the controversial arrest of a former human rights minister over a decades-old land dispute.

Chief Justice Ather Minallah of the Islamabad High Court late Saturday ordered the probe in response to a petition from the daughter of former minister Shireen Mazari.

Minallah questioned the decision by officials in Islamabad to allow police from a Punjab provincial district to make the arrest in the capital.

Mazari, who served in the Cabinet-level position under former Prime Minister Imran Khan, had been detained by police near her Islamabad home earlier in the day.

Fawad Chaudhry, former information minister in Khan’s administration, alleged that Mazari — the senior leader in Khan’s Pakistan Tehreek-e-Insaf party — had been politically targeted by the new administration of Prime Minister Shahbaz Sharif under the guise of a land dispute dating back to 1972.

Hours after Mazari’s arrest, Chief Minister of Punjab province Hamza Shahbaz ordered her release and late Saturday she was brought to the Islamabad court for an urgent hearing. She was then released.

Mazari has been critical of Sharif’s government on Twitter since Khan’s government was toppled in a no-confidence vote in Parliament last month. Khan’s party lawmakers resigned from the body’s lower house in protest and Khan is mobilizing supporters through public rallies across the country to pressure the government into an early election.


Arizona judge nixes suit that wants Trump backers off ballot
Court Line | 2022/04/23 21:02

A judge in Phoenix has dismissed lawsuits seeking to disqualify three Republican lawmakers from this year’s ballot because they participated in or helped organize the Jan. 6, 2021, rally in Washington that led to an unprecedented attack on Congress.

The decision from Maricopa County Superior Court Judge Christopher Coury made public Friday means Reps. Paul Gosar and Andy Biggs and state Rep. Mark Finchem remain on the primary ballot barring a reversal by the state Supreme Court. Gosar and Biggs are seeking reelection and Finchem is running for Secretary of State, Arizona’s chief election officer.

The lawsuits filed on behalf of a handful of Arizona voters alleged that Gosar, Biggs and Finchem can’t hold office because they participated in an insurrection. They cited a section of the 14th Amendment to the U.S. constitution enacted after the Civil War.

None of the lawmakers are accused of participating in the actual attack on Congress that was intended to stop certification of President Joe Biden’s win.

Coury agreed with the lawmakers’ attorneys who said Congress created no enforcement mechanism for the 14th Amendment, barring a criminal conviction. He noted that Congress proposed such a law in the wake of the attack on Congress but it is not been enacted.



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