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Legal news from Thursday, April 28, 2011




Indiana approves legislation banning abortion after 20 weeks
Jennie Ryan on April 28, 2011 4:13 PM ET

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[JURIST] The Indiana House of Representatives [official website] approved legislation [HB 1210, PDF] Wednesday banning abortions performed after 20 weeks of pregnancy, citing the possibility that after that point the fetus may be able to feel pain. Under HB 1210, a physician must "[d]etermine in accordance with accepted medical standards the postfertilization age of the fetus and which trimester the pregnant woman receiving the abortion is in [and] determine whether the fetus is viable" prior to performing an abortion. If the fetus is determined to be beyond the 20 week fertilization period, the abortion is banned. The bill makes the performance of an abortion beyond 20 weeks a criminal act with the limited exception of a procedure deemed necessary to save the life of the mother. HB 1210 also effectively cuts all state funding to Planned Parenthood of Indiana [advocacy website]. The bill prohibits an agent of the state from making a contract with or granting funds to "any entity that performs abortions or maintains or operates a facility where abortions are performed." The bill will be sent to Governor Mitch Daniels [official website] for signature. Also Wednesday, the Florida House of Representatives [official website] also passed legislation [HB 1127 materials] aimed at restricting abortion. HB 1127 mandates an ultrasound be performed, and that the resulting image be viewed by the pregnant woman, before she can seek an abortion.

The legislation in Indiana and Florida adds to the number of states that have recently passed similar legislation restricting the controversial procedure. Alabama, Ohio and Oklahoma [JURIST reports] have each passed legislation this year which restricts the abortion procedure after 20 weeks of pregnancy. Iowa, Kansas, Missouri and Idaho [JURIST reports] have also recently passed legislation restricting late term abortions. In March, South Dakota Governor Dennis Daugaard [official website] signed into law [JURIST report] a bill requiring women to seek counseling at a pregnancy center and wait three days before obtaining an abortion.




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Bahrain protesters sentenced to death over police killings
Jaclyn Belczyk on April 28, 2011 2:34 PM ET

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[JURIST] A court in Bahrain on Thursday sentenced four protesters to death for their roles in the killing of two police officers. Three others were sentenced to life in prison [BNA report]. The killings were committed last month during mass anti-government protests. Rights activists have expressed concern that the verdict could lead to intensified protests [Reuters report] and violence. Amnesty International (AI) [advocacy website] has condemned the trial as unfair, urging a halt to the executions [press release]. Malcolm Smart, Amnesty International's Director for the Middle East and North Africa, said:
The Bahraini authorities have a responsibility to bring to justice those who commit violent crimes. But when doing so, they must uphold the right to fair trial and they must not use the death penalty under any circumstances. ... In this case, the accused were tried before a special military court, although they are civilians. It also appears that the trial was conducted behind closed doors. As well, those sentenced have no right of appeal except to another special military court, raising great fears about the fairness of the entire process.
Lawyers for the defendants may appeal the verdict to the National Safety Court of Appeals.

Earlier this month, human rights organizations including Human Rights Watch (HRW) and Doctors Without Borders (DWB) [advocacy websites] criticized Bahrain for rampant human rights abuses [JURIST report] related to anti-government protests. Last month, six opposition leaders were arrested [JURIST report] after the government, backed by foreign troops from the Gulf Cooperation Council (GCC) [official website], violently dispersed protesters in the capital of Manana. Days earlier, Bahraini King Hamad bin Isa Al Khalifa [official website] declared [JURIST report] a three-month state of emergency [decree text, in Arabic] in response to growing unrest in the island nation. The state of emergency came just days after a group of 22 Bahraini lawmakers, part of an independent pro-government bloc, called on the King to impose martial law [JURIST report] under articles 36 and 123 of the Bahraini Constitution [text, PDF]. The Bahraini government's response to the ongoing protests have prompted international concern. In February, UN Secretary-General Ban Ki-moon [official profile] called for an end to violence against protesters [JURIST report] in the country, referencing attempts to quell protests sweeping across the region.




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Oklahoma Senate approves legislation targeting undocumented workers
Jennie Ryan on April 28, 2011 2:34 PM ET

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[JURIST] The Oklahoma Senate [official website] on Wednesday approved HB 1446 [materials], a bill creating a criminal penalty for undocumented workers who hold jobs and criminalizing the transportation of those workers into the state. The bill, written by Representative George Faught (R) and Senator Ron Justice (R) [official profiles], makes it a misdemeanor for undocumented immigrants to hold jobs or apply for jobs in the state. In addition to criminalizing certain actions in relation to immigration status, the bill gives police more power to question an individual's immigration status if they suspect an individual is in the country illegally. It also repeals a law allowing illegal immigrants to qualify to pay in-state tuition costs at the state's public universities. The bill was approved by the Oklahoma House [official website] last month and will be sent to Governor Mary Fallin (R) [official website] once differences between the House and Senate bills are reconciled.

This bill is just one of a number of legislative actions targeting illegal immigration that have been passed recently in many different states. Last year, Arizona passed [JURIST report] an immigration law [SB 1070 materials; JURIST news archive] that would require any individual suspected of being an illegal immigrant to present valid identification to law enforcement officials. The Oklahoma Senate passed a similar bill [JURIST report] last month. Within the past year, Georgia, Alabama, Virginia, Utah and Indiana [JURIST reports] have also approved Arizona-style immigration laws. Despite their increased usage, these laws remain controversial. The US Department of Justice [official website] in July filed suit [JURIST report] against Arizona Governor Jan Brewer [official website] seeking to permanently enjoin the state's immigration law. The complaint states that the law is preempted by federal law and therefore violates the Supremacy Clause [text] of the US Constitution. The Arizona law has been widely criticized in regard to the law's constitutionality and alleged "legalization" of racial profiling.




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Costa Rica court sentences ex-president to prison on corruption charges
Andrea Bottorff on April 28, 2011 11:40 AM ET

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[JURIST] A Costa Rican court on Wednesday found the country's former president Miguel Angel Rodriguez [CIDOB profile, in Spanish] guilty of corruption charges and sentenced him to five years imprisonment. Rodriguez, who also served as Secretary General of the Organization of American States (OAS) [official website], accepted more than $800,000 in bribes [AFP report] from global telecommunications company Alcatel-Lucent [corporate website] during his presidency, in exchange for a deal with the Costa Rican Electricity Institute (ICE) [website, in Spanish] that would allow the company to place 400,000 cell phone lines in the country. Alcatel-Lucent reached a $137 million settlement [JURIST report] in December with the US Department of Justice (DOJ) and the US Securities and Exchange Commission (SEC) [official websites] over improper payments made to foreign government officials in order to obtain contracts for business in Costa Rica, Honduras, Malaysia and Taiwan. Rodriguez said the accusations against him are untrue and that he plans to appeal the conviction [Tico Times report].

Rodriguez served as president from 1998 to 2002, and pending charges from the corruption case against him forced him to resign [JURIST report] from his OAS position in 2004. He is the second former Costa Rican president in the last two years to be sentenced to prison on corruption charges. In 2009, former president Rafael Calderon [CIDOB profile, in Spanish] was convicted [JURIST report] of embezzling $520,000 during his presidency and sentenced to five years imprisonment. Calderon was accused and arrested [JURIST report] in 2004 along with seven others on charges of embezzling and taking kickbacks that amount to an estimated $8 million from a $32 million Finnish loan for the purchase of medical equipment and $7.5 million from state funds.




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Federal judge dismisses health care lawsuit
Jaclyn Belczyk on April 28, 2011 9:02 AM ET

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[JURIST] A judge for the US District Court for the Eastern District of Missouri [official website] on Tuesday dismissed [opinion, PDF] a challenge to the federal health care reform law [text; JURIST news archive] for lack of standing. The suit was brought by Missouri Lieutenant Governor Peter Kinder [official website] and six other citizens who alleged that the Patient Protection and Affordable Care Act (PPACA) violates provisions of both the US and Missouri constitutions. Judge Rodney Sippel dismissed the suit, finding that the plaintiffs lack standing:
To whatever extent Plaintiffs allege an injury to the sovereign interests of the State of Missouri, they do not have standing to bring these claims because Plaintiffs, including Kinder, bring this case as individuals. As the Supreme Court has observed, a plaintiff "generally must assert his own legal rights and interests and cannot rest his claim to relief on the legal rights or interests of third parties." ... While the State of Missouri may have standing to assert the claim in Count I, it is not a party to this action and Plaintiff Kinder and the other Plaintiffs do not and cannot bring this action on behalf of Missouri.
Kinder has said that he plans to file an appeal [press release].

Several other challenges to the PPACA have also been dismissed for lack of standing. Last week, a judge for the US District Court for the District of New Jersey [official website] rejected [JURIST report] a lawsuit, brought without an attorney by two New Jersey residents, on jurisdictional grounds, ruling the two men had no standing to challenge the law. In a similar ruling earlier in the month, a judge for the US District Court for the District of New Hampshire [official website] dismissed a lawsuit [JURIST report] also challenging the law's constitutionality and held that the plaintiff, 80-year-old Harold Peterson, lacked standing because his Medicare coverage automatically satisfied the law's insurance mandate. In December, a judge for the US District Court for the Eastern District of Virginia [official website] ruled that the minimum coverage provision of the health care reform law is unconstitutional [JURIST report]. A judge for the US District Court for the Northern District of Florida [official website] has also struck down the law, while judges in Michigan and Virginia have upheld it [JURIST reports].




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