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Brazil court overrules Rio mayor on gay kiss book ban
Attorney News | 2019/09/02 04:34

A Brazilian Supreme Court justice has blocked efforts by Rio de Janeiro's conservative mayor to have a book fair remove a comic book showing two men kissing.

Mayor Marcelo Crivella had ordered the Bienale to remove the "Avengers" comic that included the kiss, saying he was acting to protect children against "sexual content."

That set off a legal battle as federal Attorney General Raquel Dodge challenged the move by Crivella, a former evangelical pastor. She said allowing the mayor to remove books goes against freedom of expression and the free exchange of ideas.

A lower court sided with Crivella. But chief justice Jose Dias Toffoli ruled in favor of Dodge on Sunday, blocking the mayor from removing any books. Crivella's office said he will appeal to the full court.


Puerto Ricans await court decision on potential new governor
Attorney News | 2019/08/05 08:33

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.


Activist loses UK court case on police facial recognition
Attorney News | 2019/07/31 04:36

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.


Democratic governor getting to shape Kansas' top court
Attorney News | 2019/07/29 03:54

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.


Supreme Court: Trump can use Pentagon funds for border wall
Attorney News | 2019/07/24 10:58

The Supreme Court cleared the way for the Trump administration to tap billions of dollars in Pentagon funds to build sections of a border wall with Mexico.

The court’s five conservative justices gave the administration the green light on Friday to begin work on four contracts it has awarded using Defense Department money. Funding for the projects had been frozen by lower courts while a lawsuit over the money proceeded. The court’s four liberal justices wouldn’t have allowed construction to start.

The justices’ decision to lift the freeze on the money allows President Donald Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump tweeted after the announcement: “Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!”

The Supreme Court’s action reverses the decision of a trial court, which initially froze the funds in May, and an appeals court, which kept that freeze in place earlier this month. The freeze had prevented the government from tapping approximately $2.5 billion in Defense Department money to replace existing sections of barrier in Arizona, California and New Mexico with more robust fencing.

The case the Supreme Court ruled in began after the 35-day partial government shutdown that started in December of last year. Trump ended the shutdown in February after Congress gave him approximately $1.4 billion in border wall funding. But the amount was far less than the $5.7 billion he was seeking, and Trump then declared a national emergency to take cash from other government accounts to use to construct sections of wall.

The money Trump identified includes $3.6 billion from military construction funds, $2.5 billion in Defense Department money and $600 million from the Treasury Department’s asset forfeiture fund.


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