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8 men confirmed by Senate didn't fill Supreme Court seats
Legal Focuses |
2017/04/07 15:10
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After witnessing the grueling confirmation process for Judge Neil Gorsuch, it may be hard to believe people have begged off a seat on the Supreme Court.
But it's happened more than once, though well before the age of careful vetting of nominees and Senate hearings.
Robert Harrison was confirmed to the court just two days after President George Washington nominated his former lawyer and military aide. It took Harrison a month to decline the post, partly because of poor health, according to the "Documentary History of the Supreme Court." Washington then sent Harrison a personal letter urging him to reconsider. Alexander Hamilton also made a pitch to Harrison, who initially relented and set out from Maryland for New York, then the nation's capital. But a week later, Harrison wrote Washington again to reaffirm his refusal. He died less than three months later.
John Jay and William Cushing both served on the court, Jay as the first chief justice. Washington wanted to make Cushing chief justice a year after Jay resigned, but the justice turned down the promotion, even after Senate confirmation, and served on the court another 14 years, until his death in 1810. President John Adams wanted Jay to return as the court's chief in 1800. He said no. |
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Bangladesh High Court upholds death for 2 in blogger killing
Legal Focuses |
2017/04/02 18:39
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Bangladesh's High Court on Sunday confirmed the death penalty for two people tied to a banned Islamist militant group for the killing of an atheist blogger critical of radical Islam.
The court also upheld jail sentences for six others after appeals were filed challenging the verdicts handed down by a trial court in 2015.
Sunday's decision involves the killing of Ahmed Rajib Haider, who was hacked to death in 2013. Haider had campaigned for banning the Jamaat-e-Islami party, which opposed Bangladesh's independence from Pakistan in 1971.
One of the defendants was Mufti Jasimuddin Rahmani, the leader of the Ansarullah Bangla Team, and the rest were university students inspired by his sermons.
During the trial, the students said that Rahmani incited them to kill Haider in sermons in which he said all atheist bloggers should be killed to protect Islam.
The two North South University students who received the death sentences included Faisal bin Nayeem, who the court said hacked Haider with meat cleavers in front of his house in Dhaka, Bangladesh's capital. Another was tried in absentia. The others received prison sentences ranging from three years to life. Rahmani was sentenced to five years. |
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Court bars release of videos made by anti-abortion group
Legal Focuses |
2017/03/22 03:07
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A federal appeals court on Wednesday barred the release of videos made by an anti-abortion group whose leaders are facing felony charges in California accusing them of recording people without permission in violation of state law.
The 9th U.S. Circuit Court of Appeals upheld a lower court ruling blocking the recordings made by the Center for Medical Progress at meetings of the National Abortion Federation, an association of abortion providers.
The Center for Medical Progress previously released several secretly recorded videos that it says show Planned Parenthood employees selling fetal tissue for profit, which is illegal. Planned Parenthood said the videos were deceptively edited to support false claims.
The videos stoked the American abortion debate when they were released in 2015 and increased Congressional heat against Planned Parenthood that has yet to subside.
It's not clear what's on the bulk of the recordings the group made at National Abortion Federation meetings.
A leader of the Center for Medical Progress, David Daleiden, said in a statement that the 9th Circuit was preventing the release of footage of Planned Parenthood leadership discussing criminal conduct at the meetings and its ruling was an attack on the First Amendment.
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Court: Florida Docs Allowed to Ask Patients About Guns
Legal Focuses |
2017/02/21 00:53
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A federal appeals court has cleared the way for Florida doctors to talk with patients about whether they own guns.
The 11th U.S. Circuit Court of Appeals ruled Thursday that key provisions of a 2011 law that restricted such speech violate the First Amendment.
Three-judge panels of the same court had issued conflicting rulings in a long-running challenge to the law brought by 11,000 medical providers and others. The case has become known as Docs vs. Glocks.
Backed by Gov. Rick Scott, the law prohibited doctors from asking patients about gun ownership unless it was medically necessary. Doctors say asking about guns is a safety issue and could save lives.
While ruling that much of the law violates free-speech rights, the court said some parts could remain in place.
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Rolling Stone defamation case over rape story back in court
Legal Focuses |
2017/02/11 16:10
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Attorneys for Rolling Stone magazine are heading back to federal court to try to overturn a jury's defamation verdict over its botched story "A Rape on Campus."
A judge is holding a hearing in Charlottesville, Virginia, on Thursday to consider Rolling Stone's request to throw out the jury's November verdict. The jury awarded University of Virginia administrator Nicole Eramo $3 million after finding Rolling Stone and a reporter defamed her.
The 2014 story told the account of a woman identified only as "Jackie," who said she was gang raped at the school. A police investigation found no evidence to back up Jackie's claims.
The magazine argues, among other things, there's no evidence reporter Sabrina Rubin Erdely acted with actual malice. Eramo's attorneys are urging the judge to keep the verdict.
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