Kavanaugh's support for surveilling Americans raises concern

Legal Business 2018/08/27 10:21   Bookmark and Share
Supreme Court nominee Brett Kavanaugh has frequently supported giving the U.S. government wide latitude in the name of national security, including the secret collection of personal data from Americans.

It's a subject Democrats plan to grill Kavanaugh about during his confirmation hearings scheduled to begin next Tuesday. Beyond his writings as an appeals court judge, some senators suspect Kavanaugh was more involved in crafting counterterrorism policies during the George W. Bush administration than he has let on.

Kavanaugh stated in past congressional testimony that he wasn't involved in such provocative matters as warrantless surveillance and the treatment of enemy combatants in the years immediately after the Sept. 11, 2001, terrorist attacks.

But legal experts say he could shift the court on national security issues, if he is confirmed to replace retired Justice Anthony Kennedy.

Stephen Vladeck, a University of Texas law professor whose expertise includes national security and counterterrorism, cites opinions he says show Kavanaugh "is a lot less willing (than Kennedy) to look at international law as a relevant source of authority and constraint." He said on matters such as Guantanamo detention, Kavanaugh is "much more deferential to the executive branch in this context than Kennedy would have been."

Sen. Rob Portman, R-Ohio, calls Kavanaugh "incredibly well-qualified." The former U.S. trade representative and White House budget director knows Kavanaugh from their time together in the Bush administration. He said Kavanaugh "believes strongly in the Constitution" and the Bill of Rights.

"I think he's in the mainstream with regard to these issues, and frankly, I don't think it's a difference with any meaning between where he is and where the court is currently," Portman said.

Democrats facing an uphill battle in blocking Kavanaugh's nomination have focused less on his judicial counterterrorism record than whether he misled senators about his role in Bush policies while testifying in 2006 confirmation hearings.

Illinois Sen. Dick Durbin and Vermont Sen. Pat Leahy are among Democrats who want to see more records from Kavanaugh's White House days, saying news media accounts after he was seated on the U.S. Court of Appeals for the District of Columbia raised new questions. White House spokesman Raj Shah said Durbin has been doing the misleading by taking Kavanaugh's answers out of context.
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German court rules in broadcaster Nazi camp spat with Poland

Legal Business 2018/08/21 00:36   Bookmark and Share
A German court has ruled that public broadcaster ZDF can’t be forced to post a specifically worded apology demanded by a Polish court for erroneously calling two World War II Nazi camps “Polish death camps.”

ZDF used that wording in reference to the Majdanek and Auschwitz death camps in advertising a 2013 documentary. After the Polish Embassy in Berlin objected, it changed the text to “German death camps on Polish territory.”

A Polish citizen who was a former inmate of Auschwitz and the Flossenbuerg concentration camp then launched a legal battle with ZDF, which twice apologized to him for the initial error and later published an apology.

In 2016, the plaintiff secured a ruling from a court in Krakow, Poland, ordering ZDF to post on its website for one month an apology stating that the original wording was “an incorrect formulation that distorts the history of the Polish people.” The broadcaster did publish the text from Dec. 2016 to Jan. 2017, but the plaintiff considered its compliance unsatisfactory and sought to have the Polish ruling legally enforced.

Lower German courts ruled that the verdict can be enforced in Germany. But the Federal Court of Justice said that it disagreed because the required formulation would violate the broadcaster’s right to freedom of opinion.
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Court: Ban seafood caught with nets that harm tiny porpoises

Legal Business 2018/07/28 13:07   Bookmark and Share
A judge has ordered the U.S. government to ban imports of seafood caught by Mexican fisheries that use a net blamed for killing off the vaquita, the world's smallest and most-endangered porpoise.

Judge Gary Katzmann, of The U.S. Court of International Trade, on Thursday granted a motion after three environmental groups filed a lawsuit seeking a ban on seafood caught with gillnets in part of the Gulf of California, where the vaquita live.

Some scientists estimate that there could be as few as 15 of the vaquita — Spanish for "little cow" — left. The court noted that experts believe they could be extinct by 2021 without intervention.

Their numbers have been severely reduced illegal fishing and by the gillnets, which are used to catch a variety of shrimp and fish.

The nets are hung in the water to catch seafood. The Mexican government has banned their use in some areas and for some species, but allows it for other species.

There also is illegal fishing in the vaquitas habitat for the Mexican totoaba fish, which goes for high prices because its swim bladder is considered a delicacy in China and reputed to boost fertility.

The Justice Department, which had opposed the ban, did not immediately answer an email seeking comment.

The groups that filed the suit are the Natural Resources Defense Council, the Center for Biological Diversity and the Animal Welfare Institute.
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Tennessee abortion change vote case appealed to high court

Legal Business 2018/07/23 23:22   Bookmark and Share
Opponents of a state constitutional amendment that passed in 2014 to allow tougher abortion restrictions are appealing to the U.S. Supreme Court after a circuit appellate court denied a recount.

The appeal in the Amendment 1 case was filed earlier this month.

A 6th U.S. Circuit Court of Appeals opinion in January said the state's vote tabulating method was reasonable and true to the meaning of the state constitution and didn't infringe on plaintiffs' voting rights.

The order overturned an April 2016 district court ruling that sided with eight voters that sued the state by ordering the recount. The judge called Tennessee's vote-counting unconstitutional and fundamentally unfair. The recount was put on hold pending the appeal.

Tennessee officials have said they followed their longstanding practice of counting amendment votes.
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Judge, calm in court, takes hard line on splitting families

Legal Business 2018/07/23 23:22   Bookmark and Share
U.S. District Judge Dana Sabraw appeared conflicted in early May on whether to stop families from being separated at the border. He challenged the Trump administration to explain how families were getting a fair hearing guaranteed by the Constitution, but also expressed reluctance to get too deeply involved with immigration enforcement.

"There are so many (enforcement) decisions that have to be made, and each one is individual," he said in his calm, almost monotone voice. "How can the court issue such a blanket, overarching order telling the attorney general, either release or detain (families) together?"

Sabraw showed how more than seven weeks later in a blistering opinion faulting the administration and its "zero tolerance" policy for a "crisis" of its own making. He went well beyond the American Civil Liberties Union's initial request to halt family separation — which President Donald Trump effectively did on his own amid a backlash — by imposing a deadline of this Thursday to reunify more than 2,500 children with their families.

Unyielding insistence on meeting his deadline, displayed in a string of hearings he ordered for updates, has made the San Diego jurist a central figure in a drama that has captivated international audiences with emotional accounts of toddlers and teens being torn from their parents.

Circumstances changed dramatically after the ACLU sued the government in March on behalf of a Congolese woman and a Brazilian woman who were split from their children. Three days after the May hearing, U.S. Attorney General Jeff Sessions announced the zero tolerance policy on illegal entry was in full effect, leading to the separation of more than 2,300 children in five weeks.
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Pennsylvania court to hear objections to church abuse report

Legal Business 2018/07/07 15:35   Bookmark and Share
Pennsylvania's highest court on Friday decided against immediately releasing an investigative grand jury's report into allegations of decades of child sexual abuse in six Roman Catholic dioceses, instead saying it would hear arguments from priests and others that making it public would violate their constitutional rights.

The state Supreme Court gave lawyers for those who object to being named in the nearly 900-page report and want to prevent its disclosure until Tuesday to lay out their arguments in writing, and the attorney general's office until July 13 to respond.

Attorney General Josh Shapiro has said he wants the report made public as soon as possible, noting that unindicted people who were cited in the report in a way that "could be construed as critical" were given an unrestricted right to file responses that are expected to be released along with the report. His spokesman declined comment on the court orders.

More than two dozen current and retired members of the clergy have argued to the court that the report is replete with errors and mischaracterizations that would violate their constitutional rights to due process and to protect their reputations.

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