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Legal news from Saturday, July 2, 2011




Morocco voters overwhelmingly approve revised constitution
Ashley Hileman on July 2, 2011 12:07 PM ET

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[JURIST] Moroccan voters on Friday overwhelmingly approved a revised version of the constitution, highlighted by fewer powers reserved for their king. With 94 percent of polling stations reporting and 98 percent of voters in approval, Interior Minister Taib Cherkaoui announced [AFP report] that the revisions had passed. Under the new constitution, King Mohammed VI, who previously enjoyed almost absolute power, remains head of the army, but a variety of his other political powers are now held by the prime minister and parliament. In addition to curbing the king's powers [Al Jazeera report], the revision also guarantees more rights for women and makes Berber, an indigenous language, official. Mohammed announced the changes [JURIST report] last month, which many viewed as an attempt to put an end to the "Arab Spring" street protests that had been becoming more prevalent throughout the region. Prior to the king's announcement, in April, thousands of protesters engaged in peaceful demonstrations [JURIST report], vocalizing their demands for greater reform to the constitution as well as an end to corruption within the country.

Similar protests have occurred recently throughout the Middle East and North Africa [BBC backgrounder], and have resulted in the resignations of Tunisian president Zine al-Abidine Ben Ali and Egyptian president Hosni Mubarak [JURIST reports]. Protests were also widespread in Libya [JURIST backgrounder], where leader Muammar Gaddafi [BBC profile; JURIST news archive] and his inner circle have been accused of perpetrating violence against protesters [JURIST report]. Last month, a three-person commission for the UN Human Rights Council (UNHRC) [official website] appointed to investigate violence in Libya published a report [JURIST report] saying that government forces have committed crimes against humanity and war crimes under orders from Gaddafi and other high-ranking officials. The commission's 92-page report said Libyan authorities have committed crimes against humanity such as acts constituting murder, imprisonment, and other severe deprivations of physical liberties, torture, forced disappearances, and rape "as part of a widespread or systematic attack against a civilian population with knowledge of the attack."




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Federal judge blocks Kansas abortion law requiring licenses for clinics
Ashley Hileman on July 2, 2011 11:29 AM ET

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[JURIST] A judge for the US District Court for the District of Kansas [official website] on Friday issued a preliminary injunction to block a Kansas regulation [SB36] requiring clinics within the state to obtain a license to perform abortions [JURIST news archive]. If not for Judge Carlos Murguia's decision, two of the state's three clinics would have been forced to close [AP report], as they were unable to meet requirements from the Kansas Department of Health and Environment [official website], which were issued last month and took effect on Friday. The clinics' inability to conform to the health department's regulations that control aspects of the their operations ranging from what drugs must be stocked to the minimum size of recovery rooms, prevented them from obtaining a license as required by SB36, which also took effect on Friday. The injunction stemmed from a lawsuit filed earlier this week [JURIST report] on behalf of two doctors by the Center for Reproductive Rights (CCR) [advocacy website], who allege that the regulations violate providers' due process as well as place an undue burden on patients seeking abortions.

Kansas Governor Sam Brownback (R) [official website], a known opponent of abortion, approved the regulation at issue in May, one month after signing [JURIST report] two other pieces of legislation restricting abortions. In April, the governor approved the Abortion Reporting Accuracy and Parental Rights Act [HB 2035, PDF], requiring unemancipated minors to obtain notarized parental signatures before an abortion may be performed, and the "fetal pain bill" [HB 2218, PDF], which restricts abortions beyond 22 weeks of pregnancy based on the belief that a fetus can feel pain at that stage of gestation. While states have been busy passing legislation seeking to restrict abortions, the courts are not always on board. In a move similar to the one taken by the District Court of Kansas, a judge for the US District Court for the District of South Dakota [official website] issued a preliminary injunction [JURIST report] earlier this week, blocking a South Dakota abortion regulation [HB 1217] requiring a 72-hour waiting period. Judge Karen Shreier ruled that the American Civil Liberties Union of South Dakota (ACLUSD) and Planned Parenthood Federation of Minnesota, North Dakota, and South Dakota [advocacy websites] were likely to succeed on their claims provisions in the law violate doctors' and patients' First Amendment rights and creates an undue burden on woman seeking abortions. The waiting period is the longest passed by any state.




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