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Dutch Supreme Court asked to clarify euthanasia case
Legal Focuses | 2019/09/27 12:57

Prosecutors have asked the Netherlands' Supreme Court to clarify legal matters in a landmark euthanasia case, saying Thursday they want to lay down unambiguous jurisprudence for the future.

The Public Prosecution Service said by instituting "cassation in the interest of the law" proceedings they aim to clarify how doctors deal with euthanasia on "incapacitated patients" without subjecting a doctor acquitted at a trial to a new legal battle.

Prosecutors said in a statement they want "legal certainty to be created for doctors and patients about this important issue in euthanasia legislation and medical practice."

The retired nursing home doctor was cleared earlier this month by judges in The Hague who ruled that she adhered to all criteria for carrying out legal euthanasia when she administered a fatal dose of drugs to a 74-year-old woman with severe dementia.

The cassation proceedings mean that the doctor's acquittal will not be called into question.

The doctor carried out euthanasia on the woman in 2016, acting on a written directive the patient had drawn up earlier. The woman later gave mixed signals about her desire to die, but the doctor, in close consultation with the woman's family, decided to go ahead with the mercy killing.

The Hague District Court ruled that in rare cases of euthanasia on patients with severe dementia - and who had earlier made a written request for euthanasia - the doctor "did not have to verify the current desire to die."

Prosecutors said they disagreed with the Hague court and want the Supreme Court to rule on legal issues in the case.


Transgender woman in Supreme Court case 'happy being me'
Legal PR | 2019/09/26 12:58

Aimee Stephens lost her job at a suburban Detroit funeral home and she could lose her Supreme Court case over discrimination against transgender people. Amid her legal fight, her health is failing.

But seven years after Stephens thought seriously of suicide and six years after she announced that she would henceforth be known as Aimee instead of Anthony, she has something no one can take away.

The Supreme Court will hear Stephens' case Oct. 8 over whether federal civil rights law that bars job discrimination on the basis of sex protects transgender people. Other arguments that day deal with whether the same law covers sexual orientation.

The cases are the first involving LGBT rights since the retirement of Justice Anthony Kennedy, the court's gay-rights champion and decisive vote on those issues. They probably won't be decided before spring, during the 2020 presidential campaign.

The 58-year-old Stephens plans to attend the arguments despite dialysis treatments three times a week to deal with kidney failure and breathing problems that require further treatment. She used a walker the day she spoke to AP at an LGBT support center in the Ferndale suburb north of Detroit.



Supreme Court ruling clear, but Brexit future still murky
Attorney News | 2019/09/25 13:00

The landmark British Supreme Court ruling that Prime Minister Boris Johnson's suspension of Parliament was unlawful did not deal directly with plans for Britain's anticipated departure from the European Union. Brexit will however be top of the agenda in Parliament now that lawmakers have returned.

As things stand, Britain is scheduled to leave the EU on Oct. 31 unless the British government requests an extension and the other 27 EU countries agree to a further delay.

However, Parliament passed a bill earlier this month before Johnson suspended Parliament requiring the prime minister to seek a three-month extension if no withdrawal agreement has been reached with the EU by Oct. 19.

Johnson insists that he is pursuing a deal with the EU, but has repeatedly said that if there is no deal, he will take Britain out of the EU on the scheduled Brexit date rather than request an extension.

For most economists, including those in government and the Bank of England, a no-deal Brexit would trigger a recession as trade barriers, including tariffs, are put up between Britain and the EU. There's also a widespread expectation that there will be gridlock at Britain's ports, and shortages of some food and medicine.



Top UK court: Johnson’s suspension of Parliament was illegal
Legal PR | 2019/09/20 13:01

In a decision that badly undermines Boris Johnson’s authority, Britain’s highest court ruled unanimously Tuesday that the prime minister broke the law by suspending Parliament in a way that squelched legitimate scrutiny of his Brexit plan.

The historic move by the U.K. Supreme Court offered a ringing endorsement of Parliament’s sovereignty and slapped down what justices viewed as the legislature’s silencing by the executive.

The ruling upended the prime minister’s plan to keep lawmakers away until two weeks before Britain is due to leave the European Union. The Supreme Court said Johnson’s suspension was “void” and never legally took effect, opening the door for Parliament to resume its duties Wednesday morning as if nothing had happened.

House of Commons Speaker John Bercow welcomed the decision, saying citizens were “entitled” to have Parliament in session to review the government and enact laws.

The ruling also established that Johnson had involved Queen Elizabeth II ? one of the most revered and respected figures in British life ? by giving her improper advice when he sought her permission to shutter Parliament for five weeks.

The justices made clear they were not criticizing Elizabeth, who as a constitutional monarch was required to approve the prime minister’s request.

The British government said Johnson spoke to the queen after the ruling, but did not disclose details of the conversation.


Buffalo Chip takes quest to become town before Supreme Court
Legal PR | 2019/09/15 13:03

The South Dakota Supreme Court will once again hear oral arguments in Buffalo Chip's quest to become a municipality, after a lower court ruled in February that the popular motorcycle rally campground near Sturgis must be dissolved as a town.

The Rapid City Journal reports that oral arguments are scheduled for Sept. 30.

Attorneys for the state have argued that Buffalo Chip was improperly incorporated in 2015 because it had fewer than 100 legal residents or 30 voters, as was required by law at the time. The city of Sturgis has also opposed Buffalo Chip's incorporation for years.

Buffalo Chip officials have argued that the area had more than 30 voters.

Kent Hagg, an attorney representing the campground, said the case could come down to the difference between the words "and" and "or." He said the law in place in 2015 required municipalities to have at least 100 residents "or" 30 voters. In 2016, the state Legislature changed the law to require municipalities to have at least 100 residents "and" 45 voters.

Hagg said about 53 voters listed the Buffalo Chip as their address of record in 2015.

The campground fills with thousands of visitors during the Sturgis motorcycle rally, but has few, if any, year-round residents.

In February, Fourth Circuit Judge Gordon Swanson ruled that the town must be dissolved. The city has said in a statement that the judge's decision was based on common sense and plain language of the law. "It would not make sense for the Legislature to authorize the incorporation of a municipality with no residents."



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