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Supreme Court won't hear Planned Parenthood case
Topics in Legal News | 2018/12/09 12:15
The Supreme Court is avoiding a high-profile case by rejecting appeals from Kansas and Louisiana in their effort to strip Medicaid money from Planned Parenthood over the dissenting votes of three justices.

Lower courts in both states had blocked the states from withholding money that is used for health services for low-income women. The money is not used for abortions. Abortion opponents have said Planned Parenthood should not receive any government money because of heavily edited videos that claimed to show the nation's largest abortion provider profiting from sales of fetal tissue for medical research.

Investigations sparked by the videos in several states didn't result in criminal charges.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch said they would have heard the case.

It takes four votes on the nine-justice court to grant review, so neither Chief Justice John Roberts nor new Justice Brett Kavanaugh was willing to join their conservative colleagues to hear the Medicaid funding challenge.

Thomas wrote for the three dissenters that the court seems to be ducking a case it should decide because it involves Planned Parenthood. "But these cases are not about abortion rights," Thomas wrote.

The issue is who has the right to challenge a state's Medicaid funding decisions, private individuals or only the federal government. The states say that the Medicaid program, a joint venture of federal and state governments to provide health care to poorer Americans, makes clear that only the Secretary of Health and Human Services can intervene, by withholding money from a state.


Mexico president blasts 'stratospheric' supreme court wages
Topics in Legal News | 2018/12/08 12:16
The Mexican president is butting heads with the Supreme Court just one week into office after judges suspended a law that would cap public sector salaries, one of his key campaign promises.

President Andres Manuel Lopez Obrador accused the judges of looking after their own pocketbooks and of failing to grasp the "new reality" that his administration represents. The salary cuts are part of a rebalance in government that aims to raise wages for lower income workers while chopping those of top officials.

"They themselves decide that they are going to keep receiving exaggerated, stratospheric salaries - salaries of up to 600,000 pesos ($29,000) a month - those who impart justice," Lopez Obrador complained to reporters Saturday, before repeating one of his favorite mantras: "There can't be a rich government with a poor people."

The freeze throws into question the government's 2019 budget plans, which are due on Dec. 15. The suspension is pending a definitive ruling by the court.


Man accused of killing tourist appears in New Zealand court
Law Blogs | 2018/12/08 12:15
A man accused of killing 22-year-old British tourist Grace Millane made his first appearance in a New Zealand court Monday.

The 26-year-old man stared at the ground while a judge addressed him during the brief appearance at the Auckland District Court. The man has not yet entered a plea on murder charges and the court has temporarily blocked his name from being published.

Millane's father, David Millane, traveled to New Zealand last week after his daughter vanished, and Judge Evangelos Thomas addressed him and other family members.

"I don't know what to say to you at this time, but your grief must be desperate," he said, according to television station Three. "We all hope justice will be fair and swift and ultimately bring you some peace."

The case has riveted people both in Britain and New Zealand.

Described by her father as fun-loving and family-oriented, Millane had been traveling in New Zealand as part of a planned yearlong trip abroad that began in Peru. She went missing Dec. 1 and failed to get in touch with her family on her birthday the next day, or on the days that followed, which alarmed them.

Before she vanished, Millane had been staying at a backpacker hostel in Auckland and left some of her belongings there. Detective Inspector Scott Beard said she met a man for a couple of hours in the evening before surveillance cameras showed them entering the CityLife hotel at about 9:40 p.m.

A week after Millane disappeared, police detained a man for questioning and later charged him with murder.


Rwandan court drops all charges against opposition figure
Headline Legal News | 2018/12/06 14:03
Rwanda’s high court on Thursday acquitted the country’s most prominent opposition figure of all charges related to her election challenge of President Paul Kagame, as judges said the prosecution failed to provide proof of insurrection and forgery.

Diane Rwigara’s case has drawn global attention as Kagame again faces pressure to give more space to critics in this highly controlled East African country.

Rwigara’s mother, Adeline, 59, also was acquitted of inciting insurrection and promoting sectarianism. Both women had denied the charges.

The courtroom, packed with diplomats and supporters, erupted in applause as Diane Rwigara and her mother were overcome with tears. Excited relatives who had prayed before the hearing for protection swarmed them with hugs.

The 37-year-old Rwigara, who had denounced the charges as politically motivated, had faced 22 years in prison if convicted. She was arrested after trying to run in last year’s election, and is the rare person to publicly criticize the government from inside the country.

“I will continue my campaign to fight for the rights of all Rwandans,” a surprised but happy Rwigara told reporters after celebrating. “This is the beginning, because there’s still a lot that needs to be done in our country.”

She said she will move ahead with her People Salvation Movement, an activist group launched shortly before her arrest to encourage Rwandans to hold their government accountable. And she thanked everyone who pressured the government to free her.



Supreme Court to hear closely watched double jeopardy case
Topics in Legal News | 2018/12/06 14:02
The Supreme Court is set to hear arguments about an exception to the Constitution's ban on being tried for the same offense. The outcome could have a spillover effect on the investigation into Russian meddling in the 2016 election.

The justices are taking up an appeal Thursday from federal prison inmate Terance Gamble. He was prosecuted separately by Alabama and the federal government for having a gun after an earlier robbery conviction.

The high court is considering whether to overturn a court-created exception to the Constitution's double-jeopardy bar that allows state and federal prosecutions for the same crime. The court's ruling could be relevant if President Donald Trump were to pardon someone implicated in

Supreme Court lawyer Tom Goldstein joked at a Washington event before the term began in October that the high court case should be called New York v. Manafort, a reference to former Trump campaign manager Paul Manafort. Trump has refused to rule out an eventual pardon for Manafort, who has been convicted of federal financial fraud and conspiracy crimes. It's by no means certain that the high court ruling will affect future prosecutions.

But Trump's Justice Department is urging the court not to depart from what it says is an unbroken line of cases reaching back nearly 170 years in favor of allowing prosecutions by state and federal authorities. Thirty-six states that include Republican-led Texas and Democratic-led New York are on the administration's side, as are advocates for Native American women who worry that a decision for Gamble would make it harder to prosecute domestic and sexual violence crimes.




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