It sets a dangerous precedent and steals congressional authority. Will you sign on?
„There’s been virtually no litigation in the 43-history of the National Emergencies Act about that statute,“ said Steve Vladeck, a CNN Supreme Court analyst and professor of law at the University of Texas School of Law.
President Trump on Feb. 15 declared a national emergency to allocate additional funding to build a wall at the southern border.
A supreme court judge in Brazil on Friday overturned an injunction requested by President Jair Bolsonaro’s senator son that had frozen a probe into a suspicious payments scandal involving a former close aide.
The development dealt a blow both to the son, Flavio Bolsonaro and to the president, who has unsuccessfully been trying to distance himself from the growing scandal, which now also implicates his wife.
He stands accused of using or seeking to use trials as political leverage to lobby the office of then-President Park Geun-hye to get her approval for the establishment of a separate court of appeals, his pet project. Yang headed the top court from 2011-2017.
On Jan. 10, Maduro will assume his mandate as president for the 2019-2025 constitutional term, swearing his oath of office before the Supreme Court of Justice (TSJ), after his election on May 20, 2018.
In normal times, the oath of office is taken before the National Assembly (NA), but since that body remains in judicial contempt since 2016, it has no legal ability to perform its normal duties, explained president of the National Constituent Assembly (ANC) Diosdado Cabello.
Mandelblit’s spokesman also confirmed the Hadashot report which said that Mandelblit met last week to consult with a mix of former attorney-generals, Supreme Court justices and head state attorneys: Yehuda Weinstein, Meir Shamgar, Aharon Barak, Moshe Lador, Elyakim Rubinstein, Dorit Beinisch, Edna Arbel, Gavriel Bach and Zvi Zamir.
According to the report, all those present unanimously said that the decision must be published pre-election.
Ginsburg — who, at 85, is the oldest justice on the top US court — became the second woman appointed to the Supreme Court when she was nominated by former president Bill Clinton in 1993.
A lower court last week upheld the subpoena after the company, which is owned by a foreign government, argued that it was immune from criminal proceedings under the Foreign Sovereign Immunities Act and that the subpoena was unenforceable because it would require “the Corporation” to violate “Country A’s” domestic law.
(30.11.2018) Lawyers for VICE Canada argued unsuccessfully through three levels of court that the RCMP is fishing for information and is effectively forcing a journalist to be an agent of the state. With this court decision hanging in the balance for years, Makuch has continued to produce fearless and important journalism on sensitive and often dangerous topics. Today’s decision will no doubt have a chilling effect on both sources, who may be reluctant to talk to reporters, and on journalists themselves, who could be less inclined to report on sensitive issues.
Mexico’s highest court on Thursday overturned a contentious new security law aimed at regulating the long-time use of the military against drug cartels, a day after the president-elect’s team said it was impossible to pull troops from the streets.
The net neutrality repeal was a win for providers like Comcast Corp, AT&T Inc and Verizon Communications Inc. It was opposed by internet companies like Facebook Inc, Amazon.com Inc and Alphabet Inc, which have said the repeal could lead to higher costs.
More than two dozen states and cities, as well as other groups, are suing the administration to stop its plans to add the question. They have filed six lawsuits around the country. Potential trials for the cases in California and Maryland could start in January.
Whether the citizenship question remains or is removed could have lasting impacts on how political power and federal funding are shared in the U.S.
On Tuesday, Brazil’s Supreme Court rejected the petition by right-wing President Michel Temer’s defence lawyers to annul the Brazilian Federal Police’s (PF) accusation on corruption, money-laundering and criminal organization charges.
The Kavanaugh confirmation, playing out against the backdrop of a midterm election where control of Congress is at stake, gave Republicans what they believe is momentum to ensure that they keep their slim Senate majority.
Republicans are now painting Democrats and their activist allies as angry mobs. Senator John Cornyn, Republican of Texas, delivered a speech on Saturday assailing what he called “mob rule,” while the majority leader, Senator Mitch McConnell of Kentucky, told reporters that “the virtual mob that has assaulted all of us in this process has turned our base on fire.”
A final vote is expected late Saturday afternoon.
Judge Kavanaugh’s ascent to the nation’s highest court is a huge victory for President Trump, Senate Republicans and their conservative allies, who have mounted a decades-long campaign to remake the Supreme Court in their image. He will replace the court’s swing vote, the retired Justice Anthony M. Kennedy, with a committed conservative who is likely to push the court to the right for decades.
Flake said he will back Kavanaugh unless something changes. Asked how he will vote, he said „yes, unless something big were to change. I don’t see what would.“ The Arizona Republican had forced a one-week delay and an extended FBI investigation into Kavanaugh.
The 51-49 vote saw one defection from each party, canceling each other out and giving the judge enough leeway to clear the procedural hurdle. A final confirmation vote now looms on Saturday, and that remains in doubt.
An image from Brett Kavanaugh’s testimony as he denied sexually assaulting Christine Blasey Ford went viral.
The image shows several women behind Kavanaugh scowling as he became visibly angry during his hearing on Thursday.
Many saw it as a wider symbol of how women were reacting to Kavanaugh and to the visible emotion Ford displayed during her testimony earlier in the day.
But people sitting behind Kavanaugh were his friends, family, and allies.
President Donald Trump ordered a limited, week-long FBI probe of the allegations against his Supreme Court pick, Judge Brett Kavanaugh, at the request of the Senate Judiciary Committee on Friday. It was a 180-degree turn from his previous statements about making such a move.
In Orwell’s world of 1984 Oceania, there is no longer a sense of due process, free inquiry, rules of evidence and cross examination, much less a presumption of innocence until proven guilty. Instead, regimented ideology — the supremacy of state power to control all aspects of one’s life to enforce a fossilized idea of mandated quality — warps everything from the use of language to private life.
Senator Diane Feinstein and the other Democrats on the Senate Judiciary Committee had long sought to destroy the Brett Kavanaugh nomination. Much of their paradoxical furor over his nomination arises from the boomeranging of their own past political blunders, …
(20.9.2018) Both parties have every incentive to fight to the finish: Democrats see an opportunity to galvanize their already furious base, while Republicans, who’d hoped to put a big election-eve win on the board, fear discouraging theirs.
(23.9.2018) Totenberg broke the Anita Hill story, and is covering the replay.
„This is an election year, after all,“ Totenberg said. „Neither the Republicans nor the Democrats want to look insensitive. But it is a very political proceeding. A great deal of what we see on camera will be, and has been, role-playing.“
In The New York Times last week, Hill wrote that the Senate Judiciary Committee appears to have „learned little from the Thomas hearing, much less the more recent #MeToo movement.“
(2.9.2018) With the nomination of Brett Kavanaugh pending, NPR’s Michel Martin interviews David A. Kaplan about his new book, The Most Dangerous Branch: Inside the Supreme Court’s Assault on the Constitution.
Rosenkrantz is one of three supreme court justices Macri attempted to designate by decree without the Senate’s approval, which caused a national scandal and resistance from human rights groups and political opponents. Macri desisted and presented his nominations to the Senate, that confirmed Rosenkrantz with 58 votes in favor and 12 against.
Brett Kavanaugh had a rough day… Cenk Uygur and Ana Kasparian, hosts of The Young Turks, break it down.
Unless something dramatic happens at this week’s Senate confirmation hearings, Brett Kavanaugh, Donald Trump’s choice to replace retired Justice Anthony Kennedy, is bound to repeat history. Not just because he and Rehnquist, whom he’s called his “judicial hero,” are cut from the same partisan mold — shaped by the ways of Republican politics and conservatives’ dogged pursuit of judicial supremacy. It’s also because there are millions of records from his time in the White House under George W. Bush that the Trump administration is determined to keep a secret.
Chuck Schumer says he’s going to fight Brett Kavanaugh’s nomination to the Supreme Court with “everything I’ve got.” To do so, he’ll need to get centrist Democrats to hold the line.
The minority leader’s problem? Those Democrats say he can’t tell them what to do.
“I’ll be 71 years old in August, you’re going to whip me? Kiss my you know what,” said Sen. Joe Manchin (D-W.Va.) when asked if Schumer can influence his vote.
US justices say law enforcement needs a warrant to follow your digital footprints.
Uber and other app-based firms will be watching the ruling with interest as they face similar legal challenges over the way they treat employees. Uber’s appeal of a decision granting its drivers benefits including overtime and paid vacation is scheduled to be heard by another court October 30.
(30.5.2018) The law itself is bad, undemocratic and non-egalitarian. It theoretically makes it possible for an elected lawmaker to be removed on the basis of his political rivals’ interpretation of the terms “racism” and “support for terrorism.” What exactly is racism and what exactly is support for terrorism? When Culture Minister Miri Regev says that the African asylum seekers are a cancer in the nation’s body, is that racism or a medical diagnosis? Does a call for Nakba Day demonstrations or the mere use of the term “Nakba” qualify as incitement to terrorism? Until now, these were matters for the High Court to determine. But from now on, the Knesset will decide who is a racist and who is a terrorist.
The Knesset’s Ministerial Committee for Legislation by a vote of 11 to 1 on Sunday approved the bill, known as the override power bill, an amendment to Israel’s Basic Law, which would allow the legislative body to reenact laws that have previously been struck down by the Supreme Court by a simple majority of the 120-member Knesset.
The Knesset could begin voting on the legislation as early as Wednesday.
In response to human rights groups, the government says the army’s rules of engagement comply with Israeli and international law
Trump’s legal team is bracing for the dramatic possibility that Mueller would subpoena the President, setting up a collision that could force a lengthy court fight and test the legal limits of the President’s power all the way up to the Supreme Court.
The Israeli public believes if the Supreme Court is denied the capacity to strike down laws enacted by the Knesset, there will be no checks on the government and it will have unlimited power.
The meeting Sunday by coalition party chiefs to debate the controversial bill ended without resolution and the discussion will be continued in the coming days, the Prime Minister’s Office said in a statement.
Supreme Court President Esther Hayut is set to declare on Sunday that Israel cannot maintain the rule of law and democracy if the court’s judicial review powers are cut off, according to a statement released by the court.
Prime Minister Benjamin Netanyahu and the coalition appear to be moving forward with several initiatives to circumscribe the Supreme Court’s powers.
“We cannot definitively destroy the fragile democracy that remains for us. It’s necessary that everybody maintains their responsibility and respect the Constitution and the presumption of innocence. It’s unacceptable that Globo insists on repeating the past and incite a coup,“ said former Brazilian President Dilma Rousseff in response to Villas-Boas comments.
Villas Boas did not elaborate. Calls to the army’s press office were not answered. Army representatives confirmed to Brazilian newspaper Folha de S.Paulo that the tweets were written by the general.
With just a few hours to go before Brazil’s Supreme Court rules on Luiz Inacio ‚Lula‘ da Silva’s habeas corpus case, Army Commander-in-Chief, Eduardo Villas-Boas, has been accused of pressuring the court’s judges to deliver a negative verdict against the former Brazilian President.