[JURIST] The US Senate voted Wednesday against a motion to advance legislation that would permit the Department of Health and Human Services [official website] or another federal government entity to intervene in Medicare [JURIST news archive] drug pricing negotiations between drug makers and private insurance plans on behalf of the nation's elderly and disabled beneficiaries. The Medicare Prescription Drug Price Negotiation Act [S. 3 materials] passed [JURIST report] the Senate Committee on Finance [official website] last week, but President Bush said Tuesday that he would veto the measure [PDF policy statement]. The motion to invoke cloture [Senate backgrounder] failed by a margin of 55-42 [roll call].

Democratic proponents of the legislation argued that government involvement in drug pricing negotiations would result in lower health care costs for the elderly and taxpayers. Republicans countered that the Medicare program is already achieving lower-than-expected drug costs for seniors through the use of private insurance companies and government intervention would result in a disruptive "takeover" of the price negotiation process. AP has more.

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [transcript, PDF] Wednesday in Tennessee Secondary Schools Athletic Assn. v. Brentwood Academy [Duke Law case backgrounder; merit briefs], 06-427, in which the Court considered whether the TSSAA violated the First Amendment and due process rights of Brentwood Academy in imposing "contractual penalties for violations of the recruiting rule that Brentwood agreed to follow." The TSSAA fined the school and suspended it for four years after a Brentwood football coach sent a letter inviting 12 eighth-graders to spring training. The students had already signed agreements to attend the school in the fall. In 2001, the Supreme Court decided the TSSAA was a state actor [decision text] and could be be sued for alleged First Amendment violations. On remand, the Sixth Circuit ruled on the merits in favor of the school [decision text, PDF]. An attorney for the TSSAA argued that the rule placed only a minimal burden on the school's free speech rights, and that the burden was outweighed by the TSSAA's concern that such communications between high school coaches and future athletes would harm or place unnecessary pressure the students. AP has more.

The Court also heard oral arguments [transcript, PDF] in Panetti v. Quarterman [Duke Law case backgrounder; merit briefs], 06-6407, where the Court is considering whether the Eighth Amendment prohibits the execution of a convicted felon who is aware of the factual connection between his execution and his crime, but believes that the state is actually executing him as punishment for preaching the gospel. After Panetti petitioned the district court for a writ of habeas corpus, the district court concluded after a competency hearing that Panetti understood that he committed murder, that he will be executed, and that the state has said he is being executed for the murders. The US Court of Appeals for the Fifth Circuit affirmed [decision text], finding that a "rational understanding" of the punishment is not required for the state to establish that a convict is competent to be executed.

[JURIST] More than 100 Afghanistan journalists gathered in front of parliament on Wednesday to protest a Tuesday police raid on Afghanistan's largest TV network and call for the resignation of Afghan Attorney General Abdul Jabar Sabit. Sabit ordered the raid on Tolo [network website] to bring in a Tolo journalist who reported that Sabit wanted to execute several convicts, which Sabit said was a misquote. The protesters condemned the raid as an infringement on freedom of speech. AP has more.

Last June, Human Rights Watch said rules promulgated by the Afghan government aimed at curbing negative news reports on the country's failing security situation violated free speech principles and should be repealed [JURIST report]. In August, parliamentarians physically attacked [Reporters Without Borders report] a Tolo filmcrew after the channel broadcast footage of officials asleep during session.

[JURIST] A Pakistani citizen who says he has been detained in a secret facility for 18 months in connection with the CIA's extraordinary rendition program [JURIST news archive] will challenge his detention in the Pakistani Supreme Court, Amnesty International (AI) said in a press release [text] late Tuesday. Khalid Rashid [Wikipedia profile] was arrested in South Africa on illegal immigration charges in 2005. His family alleges he was then turned over to the CIA, which suspected that Rashid was involved in the deadly 2005 London subway bombings [JURIST news archive]. Rashid appeared before a Pakistani federal review board on April 12, where his lawyers announced they would file a petition challenging Rashid's continued detention in Pakistan as unlawful.

On Tuesday, an AI official said:

Mr Rashid has already suffered 18 months of secret detention and it is totally unacceptable for the Pakistan authorities to continue to deny him access to his lawyer, family and medical care. This situation must be immediately addressed and Mr Rashid be brought to justice in a fair trial or released without delay.

[JURIST] EU Justice Commissioner Franco Frattini [official website] announced Tuesday that he will propose strengthening Eurojust [official website], the European Commission's judicial cooperation unit, to facilitate communication between prosecutors in member states where criminal activities cross borders. Frattini also suggested creating a "European prosecutor" position with the power to initiate cross-border investigations. One diplomat told EUobserver that a European prosecutor would not have the same role as a federal prosecutor in the US, as the European Union does not recognize "federal" crimes and different EU member states define criminal activity in different ways. Frattini said he would present his plan in the fall. EUobserver has more.

Eurojust was created in 2002 help national authorities in the "investigation and prosecution of serious cross-border and organised crime." Last October, Eurojust and US prosecutors agreed to share information [JURIST report] relating to terrorism investigations and other cross-border criminal cases.

[JURIST] The US Supreme Court [official website; JURIST news archive] on Wednesday upheld the federal Partial Birth Abortion Ban Act of 2003 [PDF text]. In Gonzales v. Carhart [Duke Law case backgrounder; JURIST report], the Court held that groups challenging the ban on "partial-birth" abortions [JURIST news archive] "have not demonstrated that the Act, as a facial matter, is void for vagueness, or that it imposes an undue burden on a woman's right to abortion based on its overbreadth or lack of a health exception." Carhart was consolidated with Gonzales v. Planned Parenthood [Duke Law case backgrounder], and the Supreme Court reversed the federal appeals court decisions in both cases. Wednesday's 5-4 decision marks the first time the Court has upheld a complete ban on an abortion procedure. Read the Court's opinion [text] per Justice Kennedy, along with a concurrence [text] from Justice Thomas, and a dissent [text] from Justice Ginsburg. SCOTUSblog has more. AP has additional coverage.

In a second 5-4 decision handed down Wednesday, the Court held in James v. United States [Duke Law case backgrounder] that attempted burglary, as defined by Florida law, qualifies as a "violent felony" under the Armed Career Criminal Act (ACCA) [44 USC 924 text]. Under the ACCA, defendants may subjected to longer sentences if the defendant has three prior convictions for violent felonies or serious drug offenses. James unsuccessfully argued that his Florida conviction for attempted burglary did not qualify as a violent felony under the ACCA. The Supreme Court affirmed the Eleventh Circuit's decision [PDF text] in the case. Read the Court's opinion [text] per Justice Alito, along with a dissent [text] from Justice Scalia and a second dissent [text] from Justice Thomas. AP has more.

[JURIST] The Iraqi National Assembly [official website, in Arabic] will meet next week to consider a draft oil law [JURIST report] regulating the development and distribution of Iraqi oil and giving the national government control over oil revenues, Iraqi Oil Minister Hussain al-Shahristani said Wednesday. The Iraqi cabinet approved [JURIST report] the controversial law in February. Negotiations concerning the bill have been a source of tension [JURIST report] for months in Iraq [JURIST news archive] as many Kurds and Shiites want to retain control of Iraq's oil resources [Global Policy backgrounder] for themselves, while Sunni Arabs, who do not dominate the oil-rich regions of the country, have insisted on central oversight. Al-Shahristani said that the different groups have assured him they will try to approve the law by the end of May.

Last month, associates of Prime Minister Nouri al-Maliki [BBC profile] claimed approval of the draft law is critical to continued US support [JURIST report] of the current Iraqi government. Reuters has more.

[JURIST] Opposition leader and former Bangladeshi Prime Minister Sheikh Hasina Wajed [Wikipedia profile] has been exiled from Bangladesh [JURIST news archive] by President Iajuddin Ahmed's emergency government, according to a Bangladeshi Ministry of Home Affairs [official website] statement confirmed to the AFP by military officials on Wednesday. Bangladeshi authorities have alerted airlines operating flights to Bangladesh and immigration departments in ports of entry that Wajed, who is currently in the US, is not permitted to enter the country. Last week, Wajed was charged [JURIST report] in absentia with four counts of murder arising from the deaths of four protesters during political turmoil in October. Wajed suggested she would return despite the charges and her government-imposed exile.

Earlier this week, Ahmed's government and former Prime Minister Khaleda Zia [Virtual Bangladesh profile] reportedly reached an agreement to exile Zia [AFP report] from Bangladesh in exchange for the release [JURIST report] of her son Arafat Rahman, who was arrested [JURIST report] the day before on corruption allegations. Ahmed declared a state of emergency January 11 [JURIST report] and later indefinitely postponed elections scheduled for January 22 after the collapse of a caretaker government in the face of violent protests over election procedures. In the wake of the emergency declaration, Bangladeshi authorities detained over 2,500 people [JURIST report] and have raided the homes of several political leaders, making multiple arrests [JURIST report]. AFP has more.

[JURIST] Protests delayed a Wednesday Ukrainian Constitutional Court hearing to determine the legality of the April 2 decree [text; Yushchenko statement] by Ukrainian President Viktor Yushchenko [official website; BBC profile] that ordered parliament dissolved and new elections held. Riot police were called in to control the nearly 4,000 protesters who appeared outside the courthouse to show support for the president, and to allow the judges access to the courthouse. The hearing eventually commenced with only 15 of the 18 judges present after a delay of almost a full hour.

Yushchenko has insisted [JURIST report] that his dissolution decree was proper under the Ukrainian constitution [DOC text]. Late last week, Yushchenko added that officials who refuse to comply with his decree could face criminal prosecution [press release; JURIST report]. Yushchenko and current Prime Minister Viktor Yanukovych were fierce rivals in the 2004 presidential election [JURIST report], the results of which were invalidated by the country's Supreme Court [JURIST report] following fraud allegations. Yushchenko was sworn in as Ukraine's president [JURIST report] in January 2005 on the wings of the populist Orange Revolution [BBC timeline] after winning a re-vote. Yushchenko reluctantly accepted Yanukovych as prime minister last June and the two have since clashed over parliamentary attempts to expand the cabinet's power [JURIST reports] at the expense of the presidency. Reuters has more.

[JURIST] The Somali transitional government [official website] dismissed former parliamentary speaker Sharif Hassan Sheik Aden [Wikipedia profile] and 29 other parliamentary members on Tuesday in what is purported to be an attempt to consolidate the government's power over the legislature. Aden had been replaced as speaker in January by someone more closely tied to the new government, in a move criticized by the US [Washington Post report]. The 29 other members removed Tuesday are believed to have close ties with Aden and the former government.

In January, the transitional government began imposing martial law [JURIST report] over areas under the government's control, two weeks after martial law was approved by parliament [JURIST report]. Somalia has endured a lengthy civil war and several rounds of failed peace talks [BBC timeline] since the collapse of its last civil government in 1991. AP has more.

[JURIST] A gay rights bill [HB 2007 text] that would allow same-sex couples in Oregon to enter into contractual relationships affording them the benefits available to married couples passed in the Oregon House of Representatives [official website] Tuesday. A second piece of legislation [SB 2] protecting individuals against discrimination based on sexual orientation also passed in the state House. That bill would ban discrimination in employment, housing, and public accommodations, and create a civil cause of action for violations of the act. Both gay rights [JURIST news archive] bills are expected to pass in the Oregon State Senate [official website], and Gov. Ted Kulongoski [official website] has already announced his support [press release] for the legislation.

Last week, the Washington State House of Representatives approved a domestic partnership bill (SB 5336) [PDF text; bill summary; JURIST report] that grants same-sex couples hospital visitation rights, inheritance rights when there is no will, and the power to authorize medical procedures, such as organ donation and autopsies. Earlier this month, the New Hampshire House of Representatives passed a bill [HB 437 text; JURIST report] to allow civil unions for gay and lesbian couples. AP has more.