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Legal news from Tuesday, May 1, 2012 |
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Oklahoma Supreme Court strikes down personhood ballot initiative
Brandon Gatto on May 1, 2012 11:56 AM ET

[JURIST] The Supreme Court of Oklahoma [official website] on Monday ruled [opinion] that granting "personhood" rights to human embryos is unconstitutional, thus derailing a proposed ballot initiative [text, PDF] to amend the state's constitution by defining a fertilized egg as a person. Finding the initiative "void on its face," Oklahoma's highest court unanimously declared that it must follow the US Supreme Court in Planned Parenthood v. Casey [opinion], which has already spoken on "[the] issue of the constitutionality of [an] initiative petition." The initiative's supporters originally tried to gather enough petition signatures to put the personhood issue on Oklahoma's November election ballot, but were stopped by the efforts of the American Civil Liberties Union (ACLU) and the Center for Reproductive Rights [advocacy websites], both of whom filed the lawsuit [text, PDF] on behalf of Oklahoma doctors and residents.
The issues regarding personhood initiatives and their possible ramifications [JURIST comments] have long been controversial. The initiative to redefine "personhood" under the Oklahoma Constitution [text] was originally challenged [JURIST report] in March. If the amendment ever passes, it would effectively outlaw all abortions, many forms of birth control, and various treatments for ectopic pregnancies and miscarriages. In February the Virginia House of Delegates passed a similar "personhood" bill [JURIST report] that defines "life" at the beginning of conception. Last fall, a similar lawsuit challenging the Mississippi personhood ballot initiative was dismissed and eventually rejected [JURIST reports]. In 2007 the Supreme Court of Colorado allowed [JURIST report] an anti-abortion group's personhood ballot initiative that similarly defined a fertilized egg as a "person."


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Mexico approves law to aid victims of ongoing violence
Brandon Gatto on May 1, 2012 10:56 AM ET

[JURIST] The Mexican Chamber of Deputies [official website, in Spanish] on Monday approved a bill that will recognize, protect and provide aid to victims of crimes stemming from the gang-related drug wars that have engulfed the country for nearly the last six years. Known as the General Victims Act [CNN Mexico backgrounder, in Spanish], the law was passed [AFP report] by Mexico's lower house of Congress as a means to compensate those persons adversely affected by fighting between gangs and security forces. The law will provide financial, legal and medical aid to those in need, and victims of criminal violence will be eligible for relief of up to 950,000 pesos (USD $73,000). The bill was passed [CNN Mexico report, in Spanish] by the Senate of Mexico [official website, in Spanish] last week in response to longstanding demand, as more than 47,500 people have died in Mexico over the last five-and-a-half years due to drug-related violence and thousands more have gone missing.
The effect of Mexico's drug wars on uninvolved citizens has received widespread attention from various human rights groups. In March, the UN Working Group on Enforced or Involuntary Disappearances [official website] found [JURIST report] a "chronic pattern of impunity demonstrated by the absence of effective investigations in cases of enforced disappearances" in Mexico, but also expressed appreciation for the Mexican government's openness to making positive constitutional changes to advance human rights. Last November, Mexican activists filed a complaint in the International Criminal Court (ICC) [official website] to investigate the alleged human rights violations [JURIST report] by the Mexican army and police resulting from the attack on drug cartels initiated by President Felipe Calderon [official website, in Spanish]. The activists also contended that drug lords have been likewise responsible for crimes against humanity since 2006. In response, the government stated that the ICC is the wrong means to "fight crime and impunity," and that the activists should first proceed with their claim through the national criminal justice system.


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Pennsylvania voter ID law challenged
Jaclyn Belczyk on May 1, 2012 9:34 AM ET

[JURIST] A coalition of civil rights groups filed a lawsuit [petition for review, PDF] Tuesday challenging Pennsylvania's new voter ID law [HB 934 materials]. The American Civil Liberties Union of Pennsylvania, the Public Interest Law Center of Philadelphia and the Advancement Project [advocacy websites] filed suit along with the Washington, DC law firm of Arnold & Porter LLP [firm website] in Pennsylvania state court on behalf of voters who lack valid photo ID. According to the lawsuit:The right affected by the Photo ID Law is fundamental. The Pennsylvania Supreme Court has recognized that "[n]o right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined." ... Unless the Court acts to block the enforcement of the new photo ID requirement, many of Pennsylvania's good citizens will have this most precious right unduly burdened and, in many cases, effectively denied. The plaintiffs claim that obtaining a photo ID is impossible for many of them. The law is set to go into effect before the November elections.
Pennsylvania Governor Tom Corbett [official website] signed the bill into law [JURIST report] in March, making Pennsylvania one of 32 US states [NCSL backgrounder] that require voters to present some form of ID at the polls. Last week a Wisconsin appeals court refused to rule on an injunction [JURIST report] currently blocking that state's voter ID law. In February the Virginia Senate approved a voter ID law [JURIST report]. Also in February South Carolina Attorney General Alan Wilson filed suit against the US Department of Justice (DOJ) over its ruling that barred South Carolina [JURIST reports] from enforcing its voter ID law. In November Mississippi voters approved a ballot measure [JURIST report] to implement a voter ID law. In June Missouri Governor Jay Nixon [official website] vetoed [JURIST report] a law requiring persons to present photo ID at voting booth.


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