Court Watch 2019/01/10 15:30
Guatemala's highest court issued a ruling Wednesday blocking President Jimmy Morales' decision to unilaterally end a U.N. anti-corruption commission.
The commission, known by its Spanish initials as CICIG, has angered Morales by investigating him, his sons and his brother on accusations of corruption, which they deny.
Guatemala's Constitutional Court overruled Morales' decision after all-night deliberations on five appeals against the president's cancellation of the agreement with the United Nations.
Morales has argued the commission had violated Guatemala's sovereignty and violated the rights of suspects.
Given the government's refusal to guarantee the commission's security, the U.N. has withdrawn the comission's members
The court has tussled with Morales before over the commission, though he has sometimes tried to ignore its rulings. The court has said the commission's mandate is valid through 2019.
Guatemala's human rights prosecutor, Jordan Rodas, said Morales' administration has to obey the new ruling.
"The government is under obligation to comply," said Rodas, who presented one of the appeals to the court. "If it doesn't obey, that is a whole other matter, and would constitute a coup, because the cornerstone of the rule of law is respect for the judicial branch."
During its 11 years operating in Guatemala, CICIG has pressed corruption cases that have implicated some 680 people, including top elected officials, businesspeople and bureaucrats. The commission said in November that it has won 310 convictions and broken up 60 criminal networks.

Court Watch 2019/01/08 15:30
Abortion opponents in Kansas have been bracing themselves for nearly two years for a ruling from the state's highest court that protects the right to have an abortion and potentially upends politics in a state long at the center of the national debate.
The Kansas Supreme Court is relatively liberal in a state with a Republican-dominated Legislature that has strong anti-abortion majorities.
Court watchers also are asking: Why is it taking so long for the justices to rule? No one outside the court knows for sure and the justices are not saying, as is their long-standing custom. One educated guess is that they still are wrestling with the implications of declaring that the state constitution protects abortion rights.
That was the core legal issue when the court heard attorneys' arguments in March 2017 in a major abortion lawsuit . An abortion-rights decision could allow state courts in Kansas to chart their own course on abortion and invalidate restrictions that the federal courts would uphold.

Legal Insight 2019/01/06 16:33
A federal appeals court has ordered a fourth attempt at mediation in a long-running dispute over the state of Maryland’s treatment of its historically black colleges.
The black colleges say the state has underfunded them while developing programs at traditionally white schools that directly compete with them and drain prospective students away.
In 2013, a judge found that the state had maintained an unconstitutional “dual and segregated education system.” The judge said the state allowed traditionally white schools to replicate programs at historically black institutions, thereby undermining the success of the black schools.
Despite three previous tries at mediation, the two sides have been unable to agree on a solution.
On Wednesday, a three-judge panel of the 4th U.S. Circuit Court of Appeals ordered Maryland’s higher education commission and the coalition to begin mediation again to try to settle the 12-year-old lawsuit.
Legal Interview 2019/01/04 11:33
Three months after a ruling halted the impeachment process involving most of West Virginia's Supreme Court justices, the state Senate president is seeking a second opinion.
Senate President Mitch Carmichael said Friday at the annual Legislative Lookahead forum he's asked state Attorney General Patrick Morrisey to look into handling a possible appeal to the U.S. Supreme Court.
Carmichael, a Republican, is still steamed at a panel of state Supreme Court stand-ins that ruled impeachment efforts of the justices were a violation of the separation of powers doctrine. The process was officially derailed when the presiding judge didn't show up to Justice Margaret Workman's trial in the state Senate in light of the court's ruling blocking it.
"We believe it is totally, completely wrong," Carmichael said. The acting justices ruled the Senate lacked jurisdiction to pursue Workman's trial and later applied the decision to trials involving justices Robin Davis and Allen Loughry, who had petitioned the court to intervene.
Davis retired after the House approved impeachment charges against her. Loughry resigned after being convicted of felony fraud charges in federal court.

Court News 2019/01/02 16:38
A man charged with the killing of police officer in Northern California made his first court appearance but did not enter a plea. The Modesto Bee reports Gustavo Perez Arriaga told the judge Wednesday his true name is Paulo Virgen Mendoza.
His attorney questioned his mental competency, prompting the court to suspend the case until Perez Arriaga gets a mental evaluation.
Perez Arriaga was arrested Friday in the Dec. 26 shooting of Newman police Cpl. Ronil Singh during a traffic stop. The 33-year-old Singh is survived by a wife and 5-month-old son.
A man charged with the killing of police officer in Northern California made his first court appearance but did not enter a plea. The Modesto Bee reports Gustavo Perez Arriaga told the judge Wednesday his true name is Paulo Virgen Mendoza.
His attorney questioned his mental competency, prompting the court to suspend the case until Perez Arriaga gets a mental evaluation.
Perez Arriaga was arrested Friday in the Dec. 26 shooting of Newman police Cpl. Ronil Singh during a traffic stop. The 33-year-old Singh is survived by a wife and 5-month-old son.
Authorities say Perez Arriaga was in the country illegally and had previous arrests for driving under the influence of alcohol. Authorities say he was planning to flee to Mexico. President Trump cited the case while calling for tougher border security.

Court Watch 2019/01/01 00:33
The Supreme Court began its term with the tumultuous confirmation of Justice Brett Kavanaugh, followed by a studied avoidance of drama on the high court bench — especially anything that would divide the five conservatives and four liberals.
The justices have been unusually solicitous of each other in the courtroom since Kavanaugh's confirmation, and several have voiced concern that the public perceives the court as merely a political institution. Chief Justice John Roberts seems determined to lead the one Washington institution that stays above the political fray. Even Roberts' rebuke of President Donald Trump, after the president criticized a federal judge, was in defense of an independent, apolitical judiciary.
The next few weeks will test whether the calm can last. When they gather in private on Jan. 4 to consider new cases for arguments in April and into next term, the justices will confront a raft of high-profile appeals.
Abortion restrictions, workplace discrimination against LGBT people and partisan gerrymandering are on the agenda. Close behind are appeals from the Trump administration seeking to have the court allow it to end an Obama-era program that shields young immigrants from deportation and to put in place restrictive rules for transgender troops.
