The Supreme Court ruled unanimously Monday that states can require presidential electors to back their states’ popular vote winner in the Electoral College.
The court’s decision also comes as President Donald Trump has repeatedly disparaged voting by mail as prone to fraud. The President has claimed, without evidence, that there is systemic cheating with mail-in ballots and has made false accusations against states that are expanding absentee and mail-in options, despite voting by mail himself.
Numerous studies suggest that voter fraud is all but nonexistent in the US, and the President’s own voter fraud commission disbanded without finding any evidence to back up his claims.
Texas currently only allows absentee ballots from elderly, disabled, incarcerated or traveling voters. The state’s Democrats have been seeking to expand the definition of „disabled“ to include those who fear coronavirus exposure during in-person voting.
The state’s primary runoff election, which was postponed in light of the pandemic, is scheduled to be held on July 14. Judge Biery’s ruling also applied to the general election in November.
Eliminating the ACA would end medical insurance for more than 20 million Americans. It would also end widely popular provisions of the law, such as extending parents‘ coverage to children up to the age of 26 and prohibiting insurance companies from denying coverage based on preexisting conditions.
Trump and congressional Republicans have long said they want to „repeal and replace“ Obamacare but have yet to offer legislation addressing what would take its place.
Since 1999 Netanyahu has managed to exhaust an entire political camp. His battles with the old elites was first and foremost a war of attrition. The noise that this compressor emits is only getting louder. It seems as if we haven’t been able to sleep properly for 20 years – it hasn’t given us a moment’s peace. This isn’t a compressor. This is a force of nature.
Another 10 years of Netanyahu in power is starting to look like a fairly realistic scenario.
The Oklahoma Supreme Court denied a legal request to require that social distancing be enforced at President Trump’s campaign rally on Saturday, according to media reports Friday.
The decision comes in response to a lawsuit brought by two attorneys on behalf of city residents, businesses and immunocompromised individuals who claimed that the rally would put the community at increased risk of coronavirus infection.
France’s Supreme Court equivalent rejected most parts of a bill that would obligate social media companies to remove so-called hate speech within 24 hours.
The ruling by the Constitutional Council on Thursday, June 18, 2020, is a win for free speech and even for big social media companies such as Twitter and Facebook.
The program, Deferred Action for Childhood Arrivals, protects people brought to the United States as children by shielding them from deportation and letting them work.
The Supreme Court on Monday ruled 6-3 in a landmark decision that gay and transgender employees are protected by civil rights laws against employer discrimination.
A set of cases that came before the court had asked the justices to decide whether Title VII of the 1964 Civil Rights Act, which forbids discrimination on the basis of „sex,“ applies to gay and transgender people.
The court decision said the Health Ministry does not have the power to suspend “fundmamental rights.” It said suspending the right to free movement is only legal under a state of exception, something that only the Legislative Assembly can approve.
El Salvador’s Constitutional Chamber of the Supreme Court Monday vetoed a presidential COVID-19 management decree on unconstitutionality grounds.
Israel’s High Court of Justice ordered on Tuesday to nullify a law that would legalize the status of settlements partially built on privately owned Palestinian land under the claim that it is „unconstitutional.“
“It’s sad in a way that part of Brazilian society has to look at the U.S. to realize that the problem exists at home,” said Cano, a professor at Rio de Janeiro State University.
“And the media is giving a lot more coverage now after the George Floyd case than they would otherwise give to the recurrent cases of executions in favelas.”
In its decision, which is binding, the court said the virus „apparently is not a pandemic in Pakistan“ and questioned why fighting it was „swallowing so much money“.
They well knew that over the years, Netanyahu has repeatedly proven that he has used the seat of prime minister as a pickaxe with which to dig a tunnel to escape prosecution. They know that for years he has exploited his position to discredit, lie, deceive, incite and mock the legal and judicial authorities, to evade the arm of the law; that for at least a year and a half he has been threatening that same tribunal from which he now sought permission to return to his seat, so that from there he could continue to crush that same tribunal.
He asked for it, and he got it.
It’s as if some suicidal spirit had seized the court.
The Wisconsin Supreme Court has overturned the state’s stay-at-home order, ruling it „unlawful“ and „unenforceable“ in a high-profile win for the state’s Republican-led Legislature.
In a 4-3 decision Wednesday, the court ruled that Democratic Gov. Tony Evers‘ administration overstepped its authority when the state Department of Health Services extended the order to May 26.
Without legislative review, “an unelected official could create law applicable to all people during the course of COVID-19 and subject people to imprisonment when they disobeyed her order,” the majority wrote.
The swearing-in will take longer than usual, both due to the emergency regulations and the surfeit of ministers, some of whom won’t have any idea what they’ll be doing in the cabinet. If the event could have a soundtrack it would probably be a requiem – a mass for the democratic rules of the game that somehow survived here for 72 years.
Eleven High Court justices unanimously legitimized the strangest, most warped governing coalition ever engineered in a political laboratory. We’ll never know if the gun pointed at their heads – the threat of a fourth election – affected their judgment.
The parties also decided that emergency orders instated to fight the coronavirus pandemic would not extend beyond six months.
The bill known as the „Norwegian law,“ which allows any Member of Knesset (Israel Parliament) appointed to a ministerial post to temporarily resign from the legislative chamber, will reportedly be dropped.
Every day that passes provides more proof of the twisted state of Israeli democracy, in which a defendant under criminal indictment leads the government and is a candidate to form the next one.
The moment Prime Minister Benjamin Netanyahu announced his plan to use “technological methods from the war on terror” to track coronavirus patients, it was clear that it would be impossible to take this candy away from the government’s eager hands. The term “dangerous precedent” was coined for just such situations, in which a tool created for extreme situations slowly makes its way into daily life.
According to The Times of Israel, Chief Justice Esther Hayut signaled during the proceedings that the court will neither stand in the way of Netanyahu forming a government nor of the coalition deal moving forward.
The High Court’s ruling came after a group of lawyers petitioned the court, saying it was “unreasonable” for the justice minister to extend Eldad’s tenure during an interim government.
Expanded panel hears arguments Sunday on request that prime minister be disqualified over the criminal charges against him
The so-called „Black Flag“ protests were organized by the Movement for Quality Government under the slogan “Saving the court, saying no to corrupt government”. Protesters carried signs that read „We’re sick of corruption“ and „emergency government, corruption government“. At the mention of members of Benny Gantz’s Kahol Lavan party the crowd booed and shouted, „Shame!“
Israel Supreme Court on Sunday unanimously approved a petition by a rights group to suspend a controversial surveillance program aimed at tracking the movements of citizens suspected of carrying the coronavirus.
Concerns over civil liberties and privacy rights have been raised after caretaker Prime Minister Benjamin Netanyahu announced the course of action last month in an effort to track down coronavirus carriers.
Nothing of the like has been seen before – not in Israel or in any other advanced democracy. This political agreement, fundamentally corrupt and rotten, emasculates the Knesset under cover of the coronavirus, undermines the foundations of our system of government and subordinates the Supreme Court to the government.
The obvious reason for its existence is neither the coronavirus nor the crisis, but immunity for the criminal defendant, Benjamin Netanyahu, in any situation and at any price.
When the pandemic erupted and a state of emergency was declared, Justice Minister Amir Ohana was the first of the ministers to act, and in a rather suspicious manner ordered the work of the courts frozen only a few days before the prime minister’s trial was meant to begin. It later emerged that the move was coordinated with Supreme Court President Esther Hayut and the courts administrator, Yigal Marzel. The state of emergency declared for the courts was then extended to May 10.
A Malawi high court has temporarily barred the government from implementing a 21-day lockdown to curb coronavirus following a petition by a human rights group.
“Let there be no doubt, the High Court will take the opportunity to oust me,” Netanyahu himself says in these conversations. He warns that if the court prevents him from being prime minister, or if a law is enacted banning him from running for the post in the future, a civil rebellion will erupt. “Masses will take to the streets,” he predicts. “There will be a call to boycott the election.”
„It is not our place to interfere with the government’s decision,“ the Court concluded.
Wisconsin is the only state that was scheduled to hold a primary in April that has gone forward with in-person voting. The other states either delayed their contests until May or June or are holding them nearly entirely by mail.
The Wisconsin Supreme Court on Monday overturned Gov. Tony Evers’s (D) executive order to postpone Tuesday’s elections, sowing confusion and chaos around a critical election featuring a Democratic presidential primary and a pivotal state Supreme Court seat.
The Wisconsin Republican Party has requested that the U.S. Supreme Court block extended absentee voting in the state’s presidential primary scheduled for Tuesday.
Many other states who were supposed to have primaries in April have rescheduled them for a later date due to the coronavirus pandemic, but Wisconsin is still slated to go through with its election as planned.
The Wisconsin Supreme Court ruled in favor of the Republican Party of Wisconsin on Tuesday in a case related to Wisconsin’s upcoming election.
The party brought the case against Dane County Clerk Scott McDonell last week.
McDonell issued guidance last week that any Dane County voter confined by the COVID-19 pandemic could mark themselves as „indefinitely confined“ on their absentee ballot application. Doing so would allow them to bypass the state’s voter ID requirement in their application.
n 1946, after the war ended, the Supreme Court ruled in Duncan v. Kahanamoku that the statute authorizing martial law in Hawaii did not enable military trials of civilians, and it warned against the “subordination of executive, legislative and judicial authorities to complete military rule”—but it offered no further guidance about the circumstances that would justify a declaration of martial law, or about the consequences of such a declaration. Nor has Congress ever tried to clarify the criteria for or limits of martial law.
The Supreme Court has not squarely addressed the limits of signing statements.
Israel’s Supreme Court ordered a Thursday vote to elect a new Knesset (Israeli Parliament) speaker after Yuli Edelstein announced his resignation Wednesday, allowing senior MKAmir Peretz to lead the plenary.
The court decided late Wednesday night to hold the vote Thursday.
In the ruling, Supreme Court President Justice Esther Hayut attacked Edelstein, saying he had committed „an unprecedented violation of the rule of law.“ Hayut had strongly criticized Edelstein’s decision to lock the plenary contrary to the court’s decision.
Earlier, the High Court debated a petition to accuse Edelstein of dishonoring the court, after he resigned earlier Wednesday, locking the Knesset plenum contrary to the court’s decision, which ruled that a new Speaker will be selected by Wednesday midnight.
This prompted the High Court to convene urgently to decide how to move forward, with proceedings seemingly set to extend into the night.
According to Knesset protocols, Edelstein’s resignation will come into effect within 48 hours. The Knesset won’t be able to vote on a new Knesset speaker until then, and Edelstein said that the Knesset will not be able to convene for a vote until Monday. Benny Gantz’s Kahol Lavan is looking into ways to circumvent the protocols and appoint an acting Knesset speaker.
Hanegbi, who heads the Agriculture Ministry, and Elkin, minister for Jerusalem affairs and environmental protection, are joining Public Security Minister Gilad Erdan and Likud parliamentarian Gideon Sa’ar, who is known as a Netanyahu rival, in supporting the court’s decision.
Despite also voicing criticism of the ruling, on Monday Erdan said „we must respect the ruling or else resign ourselves to anarchy,“ while Sa’ar stressed that calls not to accept a direct court ruling are „unacceptable.“
Crazy turn of events.
The High Court ruled in a unanimous decision Monday that Knesset Speaker Yuli Edelstein must convene the Knesset no later than Wednesday, to elect his replacement.
Israel’s High Court of Justice approved Knesset (Israel’s Parliament) Speaker Yuli Edelstein’s request to submit his answer today at 9 pm (local time) regarding whether he will convene a parliamentary vote for his replacement.
Throughout Israel’s 72-year existence, the Knesset Speaker had only been replaced once a new government was sworn in. Thus, replacing Edelstein before a government is formed would represent an unprecedented move, even with a majority vote.
The Supreme Court on Monday ordered the country’s parliament to reconvene for the selection of a new speaker, dealing a blow to Prime Minister Benjamin Netanyahu as he tries to steer the country through the coronavirus crisis and fend off a looming corruption trial.
The current speaker, Yuli Edelstein of Netanyahu’s Likud party, suspended the parliament’s activities last week, citing procedural issues and restrictions on large gatherings due to the virus.
The United States Supreme Court is postponing oral arguments until an undetermined date due to the coronavirus pandemic which is spreading across the country.
Blue and White expressed outrage, accusing Edelstein of „trampling Israeli democracy at Prime Minister Benjamin Netanyahu’s behest.“ The party said it would appeal to the Supreme Court against Edelstein on Thursday to force him to convene the plenum and „end the craziness.“
The controversial execution of Nathaniel Woods was carried out late Thursday in Alabama just minutes after the Supreme Court denied a temporary stay, issued only hours earlier.
Woods was pronounced dead at 9:01 p.m. local time, according to the Alabama Department of Corrections.
Alabama was set to execute an inmate Thursday evening for the 2004 slayings of three police officers shot by another man at a suspected crack house. The U.S. Supreme Court halted plans at least temporarily to review his appeal.
The court backed complaints by a group of terminally ill patients and doctors who challenged the law that made „commercial promotion of assisted suicide“ a criminal offence.
Assisted dying had been legal.
In 2006, Barrick Gold had proposed moving the glacier ice from the Toro 1, Toro 2 and the Esperanza glaciers to facilitate their exploitation of the region’s resources.
After they were built, bankers, executives and affluent retirees were among those who bought up the luxury apartments. One bank executive told the BBC last year that he had spent what would now amount to $70,000 (£55,000) to purchase a 2,140 sq ft (198 sq m) flat in Alfa Serene in 2006.
Heading a three-judge panel, High Court of Justice President Esther Hayut said there were no legal impediments holding Netanyahu back from seeking reelection, ruling that the question is not ripe for a decision before he is actually tasked with leading a government.
The hearing on the metter is held by Supreme Court President Esther Hayut, Deputy President Hanan Melcer and Justice Uzi Vogelman.
Hayut stressed that there isn’t any legal impediment barring Netanyahu from running in the March election, while Vogelman said it’s unprecedented to rule on an issue before an authority was given – in this case the mandate to form a government.
Hayut says three-justice panel must first decide whether the court should even debate the issue, echoing instruction from AG; hearing comes after petition by 67 members of academic and high-tech worlds objecting to allowing a Knesset member battling criminal charges to be tasked with putting together a coalition
if I may, I would like to apply pressure on the judges from the other end of the spectrum. Not from the side of Netanyahu’s devotees, but from the side of those who are devoted to an impartial process, the rule of law and the continued peaceful existence of our democracy.
Please, do not involve yourself in this matter. Looking out at the world through the windows of the halls of justice can obscure the bigger picture sometimes. Caring only for your close compatriots and friends could be dangerous.
We’re in this situation because of the cowards – people like Mendelblit, who had no problem accepting a role as a gatekeeper without growing the requisite backbone. We’re here because for months after the recommendations by the police and the prosecution, the attorney general continued to drag his feet.
And after deciding to file indictments, he didn’t intervene as Netanyahu dragged us into yet another election while using all the power of his status to vilify the legal system that the attorney general is supposed to defend.
Attorney-General Avichai Mandelblit on Thursday sought to avoid offering his legal opinion on whether or not Prime Minister Benjamin Netanyahu could be tasked with forming a government with criminal charges hanging over him.
Mandelblit was earlier in the week requested by Israel’s High Court of Justice by the court to submit his opinion on the matter next week.
Hafeez’s family and lawyers released a statement saying the trial had been marked by a “wave of fear” and intimidation after Hafeez’s initial defense lawyer, Rashid Rehman, was shot and killed in 2014 after agreeing to take on the case. No one has been charged with that murder.
Attorney General Avichai Mandelblit, who earlier this year recommended to indict the long-serving prime minister on charges of bribery and fraud, has been ordered by the High Court to come up with a legal opinion on the matter 48 hours before the court assembles to debate it.
The New Orleans-based court ruled unconstitutional the individual insurance mandate — which the federal government was no longer enforcing — yet refused to resolve the most pressing issue: does that mean the rest of the law is also unconstitutional?
By a 2-1 vote, the appeals panel returned the case to a US district court judge for the start of another round of rulings.
It will now likely be months, perhaps even years, …
The Movement for Quality Government in Israel filed Wednesday a petition to Israel’s Supreme Court against the recent appointment of an interim state prosecutor, after which the court ordered to freeze the nomination, Hebrew media reported.
Justice Minister Amir Ohana announced Tuesday his decision to appoint Orly Ben Ari-Ginsberg for the position after the former state prosecutor Shai Nitzan ended his six-year term.
Israel’s Supreme Court on Monday urged the Attorney General to announce before December 18 on whether he intends to rule on Prime Minister Benjamin Netanyahu’s eligibility to run for office.
The Supreme Court responded to a petition filed by a group of hi-tech officials and security members such as the former head of the Shin Bet (Israel Security Agency) Carmi Gillon.
The first petition calling for interim Prime Minister Benjamin Netanyahu to be removed from office following his indictment by the Prosecutor General was filed Sunday morning to Israel’s High Court of Justice.
The appeal was put forth by the Movement for the Quality of Government in Israel — an NGO promoting, as its website says, „democracy, transparency, good governance and civic engagement.“
The Supreme Court has repeatedly ruled that each chamber of Congress can hold a person in contempt for flouting a legislative subpoena, and – as Justice Brandeis explained in Jurney v. MacCracken – each chamber may also coerce obedience “by means of arrest.” In other words, the House Sergeant at Arms may take people into physical custody until they provide information withheld from Congress.
Free speech protections have been given a bit of a boost in Canada. Simultaneously, the leash on the country’s law enforcement has been tightened a little. That’s how these things go. Personal rights and government power are often zero-sum. This case — dealing with the arrest of a counter-protester — ensures Canadian law enforcement can’t just go around arresting people for the „crime“ of not committing any crimes. (via a site that wrote about it but somehow found it impossible to include a link to the freely-available ruling, so here’s a link to the Supreme Court’s site)
The version of the “unitary executive” put forth by Mr. Trump, the Justice Department and the shareholders would open the door for a president to fire for any reason — even personal reasons unrelated to the public interest or even for no reason at all — any head of an administrative agency, including the heads of “independent agencies” like the Consumer Financial Protection Bureau as well as the Federal Reserve, the Federal Trade Commission and the Nuclear Regulatory Commission. (These agency heads are nominated by the president and confirmed by the Senate.)
This explanation was meant to provide grounds for a claim of necessity, which is a fundamental condition for permitting the use of “special means” – that is, torture – while still staying within the limits imposed by the High Court of Justice on interrogations of this type.
It’s still impossible to know whether this essential condition, necessity, actually existed. But even if it did, serious questions arise from this case regarding the interpretation that has been given to the possibility of using torture.
Ms Fujimori, the daughter of former President Alberto Fujimori, is in jail awaiting trial for allegedly accepting illegal funds from Odebrecht.
The president also argued that Congress’s appointment of a new judge to the constitutional court would interfere with his efforts to stamp out corruption. Among other things, the court is soon due to decide whether to free Keiko Fujimori from pre-trial detention.
After being asked by the attorney general to submit the basis of his plea in advance of the hearings last week, Netanyahu sent Mendelblit one page void of explanations to back his statement that he is innocent.
„We regret that instead of complying with this directive, you have found it appropriate to submit a very short document with no actual content,“ Mendelblit’s office wrote in a letter published Thursday.
Not only did the court declare the prime minister’s action unlawful, it also declared the order itself, which Queen Elizabeth II issued at Mr. Johnson’s request, “unlawful, void, and of no effect.” The request, said the court’s president, Baroness Brenda Hale, might as well have been a “blank sheet of paper.”
Stephen Tierney, a professor of constitutional theory at Edinburgh University, said it was “astonishing” that the court had ruled decisively that it “can review something as fundamental as that, done by Her Majesty, as unlawful.”
The last hearings and judgments in the House of Lords took place on 30 July and the new Supreme Court opened on 1 October 2009.
The Supreme Court comprises of 12 judges, known as „Justices of the Supreme Court“, they include a President and Deputy President, appointed by the Queen on the recommendation of the Judicial Appointments Commission.
The first members of the Supreme Court were the existing 12 Law Lords (Lords of Appeal in Ordinary) who now sit in the new Court which occupies the former Middlesex Guildhall, opposite the Houses of Parliament.
What that means is that prorogation can be limited by statute and the courts would enforce that statute. I doubt anyone disputes that. What it does not mean, yet what has happened, is that in the absence of such a statute, the ‘Supreme’ Court can step in and invent one. So lawyers and judges have, step by step, decided to give themselves more and more power.
No one expected them to do what they did today. No one expected it to be unanimous – which perhaps hurts the most.
At the Labour conference Jeremy Corbyn has taken to the stage.
He says the supreme court judgment demonstrates Boris Johnson’s contempt for parliament.
He says he will write to the Speaker demanding an urgent recall of parliament.
He says a Labour government would want to be held to account. It would not bypass democracy.
And he says Boris Johnson should “in the historic words, consider his position”.
That means he thinks Johnson should resign.
– The Supreme Court handed down landmark judgment at 10.30am today
– Justices asked to decide whether Boris Johnson gave unlawful advice to Queen
– Judges had 4 options including forcing MPs to return to Parliament this week
– Lady Hale revealed all 11 unanimously agreed to nuclear option of recalling MPs
– PM won’t resign and says MPs have had years to discuss direction of Brexit
Announcing the result, Lady Hale said: „The court is bound to conclude, therefore, that the decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification.“
Quoting sources in the State Prosecutor’s Office, Channel 12 news reported Netanyahu’s hearing was not likely to be delayed due to the election results, which left no party with a clear path to forming a government.
It is widely believed that had Netanyahu won the election with a clear majority, he would have sought immunity from prosecution via a Knesset vote and then sought legislation to prevent the Supreme Court from overturning any such Knesset decision. I
– Boris Johnson will not ask for Brexit delay past October 31 in any circumstances
– Anti-No Deal law set to be given Royal Assent today, requiring PM to ask for delay
– Legal experts say Supreme Court could order civil servant to ask for Brexit delay
– Mr Johnson will try to force a snap general election for the second time today
– Government will then suspend Parliament regardless of if it wins election vote
So, while the EU might well be the apogee of constrained democracy, constrained democracy has many facets. Moreover, the model of constrained democracy existed on a national level before the EU was created. Indeed, the EU can be seen as the grotesque extension of a flawed system that was first developed within nation states after the First World War. For instance, the model of independent central banking was pioneered in Germany before being transposed to the EU much later on.
Colombia’s Supreme Court of Justice (CSJ) requested that former President Alvaro Uribe appear on October 8 to answer for bribery and procedural fraud.
Authorities in Gibraltar were given permission by Gibraltar’s Supreme Court to detain the vessel until mid-August, with another hearing on the matter set for Thursday morning. The current detention order on the vessel expires on Saturday night.
In supporting the European banking union, Germany’s highest court reveals its anti-democratic heart.
Now, according to a report broadcast by Channel 13 news, the Likud plans to double its budget for a repeat campaign, spending two million shekels (approximately $570,000) to install cameras in Arab polling stations. The campaign will once again be headed up by Kaizler Inbar, and will be accompanied by increased police presence to monitor Arab voters.
Israel’s Central Election Committee – which oversees the state’s election process – will reportedly meet later this week to discuss the Likud’s program. The Channel 13 news report told how the Likud party plans to ask Supreme Court Judge Hanan Melcer, head of the elections committee, to “detail in writing what their poll watchers can and cannot do with the surveillance cameras”.
The ruling allows the administration to use $2.5 billion in military funds to begin construction of a wall along the U.S.-Mexico border while litigation plays out. A lower court had issued an injunction blocking officials from using those funds.