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Puerto Ricans get their 3rd governor in 6 days
Legal PR |
2019/08/09 08:35
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Justice Secretary Wanda Vazquez became Puerto Rico’s new governor Wednesday, just the second woman to hold the office, after weeks of political turmoil and hours after the island’s Supreme Court declared Pedro Pierluisi’s swearing-in a week ago unconstitutional.
Accompanied by her husband, Judge Jorge Diaz, and one of her daughters, Vazquez took the oath of office in the early evening at the Supreme Court before leaving without making any public comment. She then issued a brief televised statement late Wednesday, saying she feels the pain that Puerto Ricans have experienced in recent weeks.
“We have all felt the anxiety provoked by the instability and uncertainty,” Vazquez said, adding that she would meet with legislators and government officials in the coming days. “Faced with this enormous challenge and with God ahead, I take a step forward with no interest other than serving the people ... It is necessary to give the island stability, certainty to the markets and secure (hurricane) reconstruction funds.”
The high court’s unanimous decision, which could not be appealed, settled the dispute over who will lead the U.S. territory after its political establishment was knocked off balance by big street protests spawned by anger over corruption, mismanagement of funds and a leaked obscenity-laced chat that forced the previous governor and several top aides to resign.
But it was also expected to unleash a new wave of demonstrations because many Puerto Ricans have said they don’t want Vazquez as governor.
“It is concluded that the swearing in as governor by Hon. Pedro R. Pierluisi Urrutia, named secretary of state in recess, is unconstitutional,” the court said in a brief statement. |
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Puerto Ricans await court decision on potential new governor
Attorney News |
2019/08/05 08:33
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Puerto Rico’s Supreme Court on Monday agreed to rule on a lawsuit that the island’s Senate filed in a bid to oust a veteran politician recently sworn in as the island’s governor.
The court gave all parties until Tuesday at noon to file all necessary paperwork, noting that no extensions will be awarded.
The lawsuit seeks a preliminary injunction ordering Pedro Pierluisi to cease his functions immediately and also asks that the court declare unconstitutional a 2005 law that says a secretary of state does not have to be approved by both the House and Senate if he or she has to step in as governor.
“I want to put an end to this, but I want to do it correctly,” Senate President Thomas Rivera Schatz said during a special session in which he stated he would let the court decide the outcome, adding that Pierluisi only had five of 15 votes needed from the Senate for his earlier nomination as secretary of state.
It is unclear how quickly the Supreme Court might rule or whether it would hold a hearing or simply issue a written opinion. The announcement comes as Puerto Ricans who successfully ousted the previous governor from office following nearly two weeks of protests await yet another twist in what is a deepening constitutional crisis. |
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Gunmaker asks US Supreme Court to hear Sandy Hook appeal
Legal Focuses |
2019/08/02 08:31
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The maker of the rifle used in the Sandy Hook Elementary School shooting asked the U.S. Supreme Court to hear its appeal Thursday of a state ruling against the company.
Remington Arms, based in Madison, North Carolina, cited a much-debated 2005 federal law that shields firearms manufacturers from liability in most cases when their products are used in crimes.
Gunman Adam Lanza opened fire at the Newtown, Connecticut, school with a Bushmaster AR-15-style rifle on Dec. 14, 2012, killing 20 first graders and six educators. The 20-year-old gunman earlier shot his mother to death at their Newtown home, and killed himself as police arrived at the school. The rifle was legally owned by his mother.
A survivor and relatives of nine victims filed a wrongful death lawsuit against Remington in 2015, saying the company should have never sold such a dangerous weapon to the public and alleging it targeted younger, at-risk males in marketing and product placement in violent video games.
Citing one of the few exemptions in the federal law, the Connecticut Supreme Court ruled 4-3 in March that Remington could be sued under state law over how it marketed the rifle to the public. The decision overturned a ruling by a trial court judge who dismissed the lawsuit based on the 2005 federal law, named the Protection of Lawful Commerce in Arms Act.
The federal law has been criticized by gun control advocates as being too favorable to gun makers, and it has been used to bar lawsuits over other mass killings.
The case is being watched by gun control advocates, gun rights supporters and gun manufacturers across the country, as it has the potential to provide a roadmap for victims of other mass shootings to circumvent the federal law and sue firearm makers. |
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Activist loses UK court case on police facial recognition
Attorney News |
2019/07/31 04:36
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A British court ruled Wednesday that a police force's use of automated facial recognition technology is lawful, dealing a blow to an activist concerned about its implications for privacy.
Existing laws adequately cover the South Wales police force's deployment of the technology in a trial, two judges said , in what's believed to be the world's first legal case on how a law enforcement agency uses the new technology.
The decision comes amid a broader global debate about the rising use of facial recognition technology. Recent advances in artificial intelligence make it easier for police to automatically scan faces and instantly match them to "watchlists" of suspects, missing people and persons of interest, but it also raises concerns about mass surveillance.
"The algorithms of the law must keep pace with new and emerging technologies," Judges Charles Haddon-Cave and Jonathan Swift said.
Ed Bridges, a Cardiff resident and human rights campaigner who filed the judicial review, said South Wales police scanned his face twice as it tested the technology - once while he was Christmas shopping in 2017 and again when he was at a peaceful protest against a defense expo in 2018.
"This sinister technology undermines our privacy and I will continue to fight against its unlawful use to ensure our rights are protected and we are free from disproportionate government surveillance," he said in a statement released by Liberty, a rights group that worked on his case.
His legal team argued that he suffered "distress" and his privacy and data protection rights were violated when South Wales police processed an image taken of him in public.
But the judges said that the police force's use of the technology was in line with British human rights and data privacy legislation. They said that all images and biometric data of anyone who wasn't a match on the "watchlist" of suspects was deleted immediately. |
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Democratic governor getting to shape Kansas' top court
Attorney News |
2019/07/29 03:54
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The Kansas Supreme Court's chief justice plans to retire before the end of the year, allowing first-year Democratic Gov. Laura Kelly to leave a bigger mark on the state's highest court than her conservative Republican predecessors.
Chief Justice Lawton Nuss announced Friday that he would step down Dec. 17 after serving on the court since 2002 and as chief justice since 2010. During Nuss' tenure as chief justice, GOP conservatives increasingly criticized the court as too liberal and too activist for the state over rulings on abortion, capital punishment and public school funding.
His announcement came a little more than two weeks after Justice Lee Johnson, another target of criticism on the right, announced plans to retire in September. That means Kelly will have two appointments to the seven-member court since she took office in January when conservative GOP Govs. Sam Brownback and Jeff Colyer had only one appointee between them during the previous eight years.
Both justices voted repeatedly to direct legislators to increase education funding in recent years and were part of the 6-1 majority that declared in April that the state constitution protects access to abortion as a "fundamental" right. They also voted to overturn death sentences in capital murder cases, though Nuss concluded that the death penalty law itself is constitutional. |
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