JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Sunday, June 26, 2011




Israel threatens 10-year ban for journalists participating in Gaza aid flotilla
Dan Taglioli on June 26, 2011 9:22 PM ET

Photo source or description
[JURIST] Israel issued a warning to the international media on Sunday, threatening deportation and a 10-year ban from the country for any foreign journalist caught on board an aid flotilla headed for the Gaza Strip. The Israeli Government Press Office [official website] issued a letter to foreign journalists [AP report] reportedly calling the flotilla a dangerous provocation by extremists and an intentional violation of Israeli law. The letter warned that in addition to a ban from the country, participants in the flotilla may face equipment seizures and other sanctions. The aid flotilla will violate Israel's naval blockade and thus the Israeli government considers it a threat to national security. The Gaza naval blockade began in 2007 after Hamas [CFR backgrounder], designated as a terrorist organization [text] by the US State Department, was elected [JURIST report] as the ruling party of the Palestinian Authority. The blockade was violated last year by a similar aid flotilla [JURIST report], resulting in an Israeli commando raid that left nine dead and many wounded. The Turkish ship on which the violence occurred [ABC report] was one of six organized [Guardian backgrounder] by the Free Gaza Movement [advocacy website] to carry protesters and humanitarian supplies to the isolated Palestinian enclave. Journalist groups have responded with condemnation of the Israeli government's warning against participating in this year's flotilla, demanding that the government rescind its threats and allow journalists to cover a legitimate news event.

Israel has faced ongoing criticism from the UN and international human rights groups for its action in the Palestinian territories, which have been under Israeli military control since 1967. UN High Commissioner for Human Rights Navi Pillay [official profile] this month condemned [press release] the killings of between 30 and 40 protesters had been killed by Israeli security forces along the ceasefire line between occupied borders. Nearly 20 civilian protesters were reportedly killed [Reuters report] during a protest on June 5 marking the anniversary of the 1967 Middle East war [NPR backgrounder]. In January, a UN official alleged [JURIST report] that Israeli authorities had committed several illegal acts [press release] in the Palestinian territories [UNICEF backgrounder] since the start of the year, making the prospect of a viable Palestinian state unlikely. In June 2010, Israeli human rights group B'Tselem [advocacy website] released its annual report [JURIST report], noting an advancement in the rights of Palestinians, but calling for greater improvement. The report found that fatalities had declined by 80 percent compared to the previous year, and the quality of life had improved in the West Bank. The report called on Israel to dismantle all settlements, saying that merely halting new settlements is insufficient. The rights organization also chided Israeli security forces for not adequately protecting Palestinians from violence at the hands of Israelis, criticizing a "history of leniency" against the perpetrators of that violence. In March 2010, UN Secretary-General Ban Ki-moon called Israeli settlement construction in the West Bank "illegal" [JURIST report], and supported a plan by Palestinian Authority Prime Minister Salam Fayyad [BBC profile] to build the institutions of an independent state by 2011.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Federal judge issues injunction against Indiana abortion law
Dan Taglioli on June 26, 2011 5:55 PM ET

Photo source or description
[JURIST] The US District Court for the Southern District of Indiana [official website] on Friday granted a preliminary injunction [text, PDF] against a state law [HEA 1210, text] that would block Medicaid funding for Planned Parenthood of Indiana (PPIN) [official website] and other organizations providing abortion services. The decision handed down by Judge Tanya Walton Pratt [official profile] prevents application of the portion of the law that bans contracts between state agencies and any entity that performs abortions or maintains a facility where abortions are performed. This ban includes disbursement of grant money, including federal Medicare funds, a provision PPIN claims is not legal under the federal Medicaid Act's "freedom of choice" provision, which allows states to disallow Medicare funding for medical providers based on deficiencies in quality of service. The court's decision is not the final word in the case, but it finds that PPIN has demonstrated a sufficient likelihood of success for its contention that HEA 1210 is illegal under federal law:
Unquestionably, states have authority to exclude medical providers from participating in Medicaid under some circumstances. The question then becomes whether this is one of those circumstances. ... [I]t is well-settled that the "freedom of choice" provision does not give Medicaid recipients an absolutely unfettered right to choose their healthcare provider. ... The defunding provision, however, renders PPIN "unqualified" to serve as a Medicaid provider because, separate and apart from its basic health care services, PPIN also performs abortions. Thus, the question arises: Can Indiana pick and choose Medicaid providers based on the range of medical services they provide?
In her opinion Pratt noted that PPIN's likelihood of success is supported by the language of various provisions in the Medicaid statutes and applicable case law, along with the federal government's recent rejection of Indiana's proposed amendment to its Medicaid plan.

Last month, a federal judge refused to block the law [JURIST report] upon passage. But Friday's ruling is in line with a recent US Department of Justice (DOJ) [official website] brief that urged the court to grant an injunction [brief, PDF] to stop the enforcement of the Indiana law [JURIST report], which went into effect in May. The brief echoed arguments made earlier this month by the Obama administration, which argued against the law [JURIST report] in a letter to the state, which is one of several to have acted recently to tighten restrictions on abortions. Last month, Planned Parenthood and the American Civil Liberties Union (ACLU) [advocacy website] filed a lawsuit [JURIST report] challenging a South Dakota law requiring women to seek counseling at a pregnancy center and wait three days before obtaining an abortion. Earlier that week, Minnesota Governor Mark Dayton vetoed a pair of bills [JURIST report] that would have restricted state funding for abortions and banned them altogether after 20 weeks. Also in May, Texas Governor Rick Perry signed a bill that requires women seeking an abortion to first get a sonogram [JURIST report]. Multiple states have acted to ban abortions after 20 weeks, when some studies suggest a fetus can begin feeling pain, including Missouri, Indiana, Alabama, Ohio, Oklahoma, Iowa, Kansas and Idaho [JURIST reports].




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Florida governor signs bill restricting access to abortions
Ashley Hileman on June 26, 2011 4:06 PM ET

Photo source or description
[JURIST] Florida Governor Rick Scott (R) [official website] on Friday signed into law [AP report] two bills that affect the procedures surrounding a woman's ability to receive an abortion [JURIST news archive] within the state. The first, HB 1127 [text, PDF], requires that an ultrasound be performed prior to an abortion and that the individual performing the procedure offer the woman the opportunity to view the live ultrasound images and hear an explanation of the images. The bill also provides that a woman has the right to decline to view the images but only after signing a form acknowledging that the opportunity was presented to her. Additionally, there is an exception to the requirement that a woman be informed of her right to view the images if she is seeking an abortion as a result of having been the victim of rape, incest, domestic violence, or human trafficking. The second bill signed by Scott, HB 1247 [text, PDF], relates to parental notice of abortions sought by minors. In addition to revising the definition of constructive notice required if actual notice of a parent is not possible, the bill also affects the ability of a minor to obtain a court waiver from the parental notification law. Prior to passage of the bill, a court was required to rule on the minor's petition within 48 hours. Now, however, the court has three business days after the petition is filed to hand down its ruling. If it fails to rule within the three day period, the minor can petition for a hearing, which may require another 48 hours of waiting. Just over one year ago, former Governor Charlie Crist vetoed [JURIST report] a bill with requirements similar to that of HB 1127.

Florida is not alone in its quest to restrict access to abortions. Earlier this month, the Iowa House of Representatives voted in favor [JURIST report] of a bill [HF-1736 text, PDF] that would effectively ban abortions after 18 weeks of pregnancy, making it the most restrictive abortion law in the country. The House's bill significantly amends a bill [SF-534 text, PDF] previously introduced by the state Senate and would ban abortions after the beginning of the gestation period, which occurs at a woman's last period before her pregnancy, thus potentially banning abortions as early as 18 weeks. There is no exception in the bill for the health of the mother, although there is for her life. In May, Planned Parenthood and the American Civil Liberties Union (ACLU) [advocacy websites] filed a lawsuit [JURIST report] challenging a South Dakota law [HB 1217 materials] requiring women to seek counseling at a pregnancy center and wait three days before obtaining an abortion. The law, signed [JURIST report] by Governor Dennis Daugaard [official website] in March, is set to take effect July 1 and would impose the longest waiting period in the country.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Military court upholds war crimes conviction of Hamdan
Ashley Hileman on June 26, 2011 2:04 PM ET

Photo source or description
[JURIST] An appeals panel for the US Court of Military Commission Review [official website] on Friday upheld the conviction [ruling, PDF] of former Osama Bin Laden [JURIST news archive] driver and Guantanamo Bay [JURIST news archive] detainee, Salim Ahmed Hamdan [DOD materials; JURIST news archive]. The panel, which decided to hear the appeal [JURIST report] in September, ultimately rejected [AP report] the defense's argument that Hamdan's charge of providing material support to terrorism is not a war crime capable of being prosecuted by a military tribunal, stating:
It is not appellant's conduct in isolation that constitutes a law of war violation triable by military commission. Rather, it is his knowledge, intent, and conduct, in support of terrorism, and in the specific context of a conflict triggering application of U.S. treaty obligations per Common Article 3, which make it cognizable under the 2006 M.C.A. In enacting the 2006 M.C.A., Congress circumscribed the capacity of the military to unilaterally interpret the law of war and craft law of war offenses and punishments in connection with al Qaeda and terrorism offenses. The charges at bar are not the exercise of fiat or expediency by the executive branch; they are the product of closely prescribed statutes of limited application encompassing the peculiarities of the modern geopolitical environment.
Hamdan was originally convicted [JURIST report] in August 2008 on charges [charge sheet, PDF], which stemmed from his employment as Bin Laden's driver, and sentenced to 66 months of imprisonment, but given credit for 60 months he had already spent in US custody.

In November 2008, Hamdan was released [JURIST report] to his native country Yemen to serve the last month of his prison sentence and is now living freely in Yemen. His release alleviated concerns that arose when government lawyers said he could be held indefinitely [JURIST report]. In October 2008, a US military judge denied [ruling, PDF; JURIST report] a request [motion, PDF] by prosecutors that he reconsider a decision that reduced Hamdan's sentence [JURIST report] from five-and-a-half years to six months because of credit for time already served. Hamdan was initially taken into custody in 2001, and in 2006 he successfully challenged President George W. Bush's military commission system when the Supreme Court ruled [opinion, PDF; JURIST report] that the commission system as initially construed violated US and international law. Congress subsequently passed the Military Commissions Act of 2006 [DOD materials], which established the current military commissions system.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

In Alabama, "Back Door" Restrictions on Abortion and Roe
DOMESTIC
LaJuana Davis
Cumberland School of Law

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org