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Legal news from Monday, July 30, 2012 |
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Federal judge upholds Arizona abortion law
Rebecca DiLeonardo on July 30, 2012 4:14 PM ET

[JURIST] A judge for the US District Court for the District of Arizona [official website] on Monday declined to block enforcement of a new Arizona abortion regulation [HB 2036 materials; JURIST report] that will ban abortions after 20 weeks unless there is a medical emergency. The law is scheduled to go into effect on August 2. The Center for Reproductive Rights and the American Civil Liberties Union of Arizona [advocacy websites] filed a lawsuit [JURIST report] earlier this month challenging the law, arguing that banning abortions after 20 weeks violates women's constitutional rights. In a statement [press release], Nancy Northup, president and CEO at the Center for Reproductive Rights, expressed disappointment with the decision: A woman facing devastating complications in her pregnancy must have every medical option available to her. Today this court has upheld instead arbitrary and dangerous limits based not on sound medical judgment or concern for women's health, but on an extreme anti-choice agenda. Anyone concerned with the erosion of constitutional rights in the U.S. and the intrusion of government into the lives and private decisions of individual citizens should be profoundly disturbed by today's decision. The Center for Reproductive Rights said it would file an emergency appeal to the decision.
This is the latest development in the ongoing reproductive rights controversy [JURIST backgrounder]. Earlier in July, a federal judge blocked a Mississippi law [JURIST report] that would have effectively shut down the state's only abortion clinic. Two weeks ago, Oklahoma Attorney General Scott Pruitt appealed a ruling [JURIST report] by a district court judge that held that an abortion ultrasound bill is unconstitutional. Earlier last month, Louisiana Governor Bob Jindal signed a bill increasing abortion restrictions in the state [JURIST report]. In May, Kansas Governor Sam Brownback signed a bill allowing pharmacists to refuse to dispense drugs [JURIST report] that they "reasonably believe" might result in the termination of a pregnancy. Earlier that month, a judge for the District Court of Oklahoma County ruled [JURIST report] that a law restricting how doctors may use abortion-inducing drugs to treat patients was a violation of the Oklahoma Constitution. In March, Utah passed a law requiring a woman seeking an abortion to wait 72 hours [JURIST report] prior to obtaining the procedure.


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Advocacy group appeals Oklahoma 'personhood' case to Supreme Court
Dan Taglioli on July 30, 2012 2:45 PM ET

[JURIST] An anti-abortion group appealed to the US Supreme Court [official website] on Monday in an attempt to reinstate an Oklahoma ballot initiative to establish legal rights for embryos. Personhood USA [advocacy website] had originally tried to gather enough petition signatures to put the "personhood" issue on Oklahoma's November election ballot, but the effort was enjoined through an American Civil Liberties Union (ACLU) and Center for Reproductive Rights [advocacy websites] lawsuit [complaint, PDF] filed on behalf of Oklahoma doctors and residents. The lawsuit claimed that the amendment would violate the Fourteenth Amendment [Cornell LII backgrounder] and Supreme Court precendent. The Supreme Court of Oklahoma [official website] ruled [opinion] that granting "personhood" rights to human embryos is unconstitutional, thus derailing the 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 [JURIST report] that it must follow the US Supreme Court holding in Planned Parenthood v. Casey [Cornell LII backgrounder], which affirmed the principle that states are prohibited from disallowing abortion prior to viability. Opponents of the ballot initiative claim that such an amendment would end abortion in the state, outlaw forms of birth control and threaten the practice of in-vitro fertilization.
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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Egypt court delays hearing on members of constitutional assembly
Rebecca DiLeonardo on July 30, 2012 2:22 PM ET

[JURIST] An Egyptian court on Monday postponed the next stage in a hearing challenging the composition of Egypt's constitutional assembly, the council responsible for drafting the country's new constitution, until late September. The assembly faces its latest challenge from a group that opposes the body's Islamist majority. A hearing on the matter held earlier this month ended in open fighting [Reuters report] and a new lawsuit filed by Islamists alleging that the judge in the case is biased. The decision by the court to delay the proceedings will likely give the assembly time to draft a constitution, though its legality will be uncertain. The constitutional assembly has faced numerous challenges in recent months. Egypt's Supreme Administrative Court effectively suspended [JURIST report] the work of the 100-member council in April after ruling in favor of a lawsuit challenging the constitutionality of the formation of the panel. In June, the now-dissolved Egyptian parliament elected a new constitutional council after lawmakers finally reached an agreement [JURIST reports] on the political composition of the council. Days later, the Supreme Constitutional Court of Egypt dissolved the country's Parliament [JURIST report] after finding that one-third of its members were elected illegally.
Egypt's has faced political turmoil since the overthrow of former president Hosni Mubarak last year. Earlier this month, newly elected Egyptian President Mohammed Morsi issued a statement [JURIST report] saying he will respect the ruling of an Egyptian court suspending his decree to reconvene the parliament. Morsi issued the decree [JURIST report] earlier that week despite the Supreme Constitutional Court ruling that the parliament was elected illegally. Also this month, a former candidate in Egypt's presidential election and several non-government organizations filed a lawsuit challenging Egypt's interim constitution [JURIST report], alleging it gives the Egyptian military unlimited power. Last month, an Egyptian court struck down a government decree that restored broad arrest powers to Egyptian military officials. The Ministry of Justice issued the decree earlier that month, restoring some of the power previously granted to the military through the emergency law, which expired [JURIST reports] in May after being in effect for nearly 30 years. Human Rights Watch (HRW) expressed concern [JURIST report] about the growing power of the Egyptian military rulers.


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Florida to appeal federal court ruling striking down state gun law
Dan Taglioli on July 30, 2012 2:15 PM ET

[JURIST] Florida Governor Rick Scott announced Monday that his state will appeal the US District Court for the Southern District of Florida [official website] ruling that struck down [order, PDF] a Florida law that barred doctors from discussing the dangers of gun ownership with patients. Earlier this month Judge Marcia Cooke held that the Firearm Owners' Privacy Act (FOPA) [text] violated doctors' freedom of speech rights [JURIST report] under the First Amendment [Cornell LII backgrounder] because FOPA was so vague that it failed to provide doctors with clear guidance on how to abide by it. Cooke reasoned that the law "did not constitute a permissible regulation of professional speech or occupational conduct that imposed a mere incidental burden" on doctors' freedom of expression, in that FOPA prohibited truthful and non-misleading speech within the doctors' profession. In making her decision Cooke rejected the state's argument that the act is a necessary measure to protect citizens' Second Amendment [Cornell LII backgrounder] right to keep and bear arms. Florida will appeal the decision [AP report] to the US Court of Appeals for the Eleventh Circuit [official website].
Cooke had issued a preliminary injunction [JURIST report] in the case in September. She found that the law in no way affects the constitutional right to keep and bear arms. In July 2010 the Chicago City Council [official website] unanimously approved a new gun control law that bans gun shops in the city and prohibits gun owners from stepping outside their homes, including porches and garages, with a handgun. Shortly thereafter a group of Chicago citizens, supported by both the National Rifle Association and the National Association of Firearm Retailers [advocacy websites], filed suit against the city [JURIST report] claiming the new ordinance infringes on their constitutional rights. In June 2010 the US Supreme Court ruled in McDonald v. Chicago [opinion; JURIST report] that the Second Amendment applies to states and municipalities as well as the federal government, thereby overturning Chicago's ban on handguns and raising considerable uncertainty about what amount of regulations of firearms was permissible. Two years earlier the US Supreme Court [official website] ruled in District of Columbia v. Heller [opinion, PDF; JURIST report] that the Second Amendment protects the right to possess a handgun for the purpose of self-defense, overturning the District of Columbia's restrictive firearms law.


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Iran court sentences four to death in fraud case
Sung Un Kim on July 30, 2012 2:11 PM ET

[JURIST] An Iranian court on Monday sentenced to death four individuals convicted on financial corruption charges, the Islamic Republic News Agency (IRNA) [official website] reported [IRNA report]. The national news agency cited [Reuters report] Prosecutor-General Gholamhossein Mohseni-Ejei, who said that the four were among 39 suspects who received sentences ranging 25 years to life in prison. They were accused of involvement in a USD $2.6 billion bank loan embezzlement case last year. IRNA reported that the man behind the bank fraud forged letters of credit from a bank in Iran [BBC backgrounder; JURIST news archive], Saderat [corporate website], to fund numerous companies and obtain a state-owned steel factory. There has been criticism that the anti-corruption campaign of Iranian President Mahmoud Ahmadinejad [BBC backgrounder; JURIST news archive] and the government's privatization only benefit political elites. Some of the defendants in the case have argued that high-level officials who were also involved in the fraud were not prosecuted against while the government claimed that the issue of corruption were addressed in an open manner.
Corruption continues to be a problem throughout the world. Earlier this month, UN High Commissioner for Human Rights Navi Pillay [official profile; JURIST news archive] called on [JURIST report] the government of Kyrgyzstan [BBC backgrounder; JURIST news archive] to ensure the protection of human rights and the rule of law while mentioning that corruption is one of the main problems the country faces affecting every aspect of society, undermining the "rule of law, the police, the judiciary, and trust in both local and national authorities." The same day, former Israeli prime minister Ehud Olmert [official profile; JURIST news archive] was acquitted [JURIST report] of two major counts of corruption but found guilty of a third lesser charge on Tuesday in the culmination of a three-year trial. In June Bolivian authorities arrested [JURIST report] a former chief of the country's armed forces on corruption charges including illicit enrichment, dereliction of duty and abuse of influence.


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ACLU requests information on automatic license plate readers
Rebecca DiLeonardo on July 30, 2012 1:54 PM ET

[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] announced [press release] on Monday that its affiliates in 38 states had sent letters to local and state police departments asking them to clarify how they use information obtained from automatic license plate readers (ALPRs). ALPRs are cameras mounted near roads and highways that photograph and record license plate numbers. The numbers are electronically interpreted so that police can be alerted when a license plate of interest is seen. In a press release, the ACLU expressed concern about police departments that are gathering and storing information about the travel patterns of all vehicles, regardless of whether they are vehicles of interest, alleging that "responsible deletion of data is the exception, not the norm." The group noted that only two states have passed laws limiting the amount of time police can retain license plate data for cars that do not register as a "hit" in the system. Additionally, the ACLU has requested that the US Departments of Justice, Homeland Security and Transportation [official websites] provide information on how ALPR programs are funded.
Technological advancements allowing the tracking and storage of mass amounts of information has sparked legal controversy in recent years. The US Supreme Court [official website] ruled [JURIST report] in January that the government's attachment of a global positioning system (GPS) device to a vehicle, and its use of that device to monitor the vehicle's movements, constitutes a search under the Fourth Amendment [text]. Last August the ACLU announced that their affiliates were sending approximately 375 requests for information in 31 states to reveal how law enforcement uses location data tracking on cell phones [JURIST report]. Smartphones now come with built-in global positioning systems (GPS), allowing users' movements to be tracked by law enforcement agencies, sometimes prior to having the phone in custody. In January 2011 the Supreme Court of California ruled that law enforcement officers can legally search text messages [JURIST report] on a suspect's cell phone without a warrant incident to a lawful custodial arrest. The California decision represents a split from the US Court of Appeals for the Third Circuit 2010 ruling and a 2009 decision [JURST reports] by the Ohio Supreme Court holding that police must obtain a warrant before searching data stored on a cell phone.


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Lebanon tribunal confirms jurisdiction over accused Hariri assassins
Sung Un Kim on July 30, 2012 1:33 PM ET

[JURIST] The UN-backed Special Tribunal for Lebanon (STL) [official website] on Monday confirmed [order materials] its jurisdiction over the trials of the assassins of former Lebanese prime minister Rafik Hariri [BBC profile; JURIST news archive]. The defense counsel for the four accused, Salim Ayyash, Mustafa Badreddine, Hussein Oneissi and Assad Sabra [STL profiles], had challenged the court's jurisdiction and its legality arguing that the establishment of the STL infringed upon Lebanon's sovereignty and its constitution. The STL rejected that argument holding that a review of the sovereignty claim is not necessary because Lebanon never argued that Resolution 1757 [text, PDF] violated its sovereignty but rather complied with it. The court also noted that it does not have the authority to review the decision of the UN Security Council [official website] in passing Resolution 1757 thereby establishing the Tribunal. In its 31-page decision, the STL concluded that the fundamental rights of the accused are being honored by providing them a fair trial under international standards and that there is no concern of any possible violations of such rights:The Trial Chamber finds that the Tribunal's Statute and Rules guarantee to an accused person all the relevant and necessary rights to a fair trial mandated under international human rights law and take into account the case-law of institutions such as the European Court of Human Rights and the Human Rights Committee. No breach of any right guaranteed under international human rights law has been identified. The Trial Chamber is thus satisfied and finds that the Tribunal was "established by law" in that it was established by a body that was competent to establish it, namely the United Nations Security Council, and that its Statute and Rules guarantee to the Accused all fundamental human rights. Monday's decision is subject to appeal, but it is unclear how the defense counsel will proceed.
Earlier this month, STL upheld [JURIST report] the decision to try four accused in absentia. The tribunal rejected the defense motion [motion, PDF] that challenged the legality and jurisdiction over the case. The STL could not find any error of legal reasoning in the February decision [decision, PDF] that could lead to unjust treatment of the four accused. In February, the STL granted [JURIST report] the prosecution's office permission to proceed with the case against the four accused assassins. The four members of Hezbollah [CFR backgrounder] have been accused of being involved in a February 2005 truck bombing that killed Hariri along with 20 others. The court reasoned that the prosecution and the national authorities have undertaken all reasonable steps to apprehend and inform the accused. Last August, the STL announced [JURIST report] that it would investigate three additional bombings that is believed to be connected to the February 2005 bomb attack. Two days earlier, the UN-backed tribunal unsealed [JURIST report] the indictment [text] against the assassins of Hariri after a pre-trial judge confirmed the indictment and ordered the lift of confidentiality. In June 2011, the STL released [JURIST report] the indictment along with an arrest warrant against the accused to local authorities.


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Slovakia to seek extradition of accused Nazi from Hungary
Dan Taglioli on July 30, 2012 1:31 PM ET

[JURIST] Slovakian authorities on Monday announced plans to seek the extradition of a 97-year-old Hungarian man arrested in Budapest earlier this month on allegations of abusing and helping deport thousands of Jews during the Holocaust. Slovak Justice Minister Tomas Borec [official profile, in Slovak] asked a court to seek the extradition of the man alleged to be Laszlo Csatary [AP report]. The Hungarian man was arrested after the Simon Wiesenthal Center (SWC) [advocacy website], a Jewish human rights organization committed to finding and prosecuting Holocaust war criminals, submitted new evidence [JURIST report] to the Budapest prosecutor's office detailing the war crimes allegedly committed by Ladislaus Csizsik-Csatary, a former senior Hungarian police officer in the Slovakian city of Kosice. The evidence submitted to Prosecutor Dr. Gabor Hetenyi alleged that Csatary was one of the main actors responsible for deporting 300 Jews from Kosice to Kamenetz-Podolsk in Ukraine, where they were killed in 1941. The SWC also accused Csatary of being responsible for transferring about 15,700 Jews to Auschwitz [JURIST news archive]. According to a Czechoslovak court ruling from June 8, 1948, Csatary was found guilty of deportations to Nazi death camps and of unlawfully whipping, torturing or killing people in 1944, and he was sentenced to death in absentia. Czechoslovakia abolished the death penalty three years before dividing into Slovakia and the Czech Republic, so the death sentence would likely be changed to life imprisonment if Csatary is extradited from Hungary.
Earlier this month Hungarian prosecutors charged Csatary [JURIST report] with the "unlawful torture of human beings," a war crime that carries a maximum sentence of life in prison. Csatary is at the top of the SWC's list of most wanted Nazi war criminals [BBC backgrounder], and the SWC had already called on the Hungarian government to prosecute the Nazi war criminal [JURIST report] when the center issued its annual report in April. Nazi prosecution continues regardless of the ages of the criminals. In January the Ingolstadt Prosecutor's Office [official website, in German] filed a motion [JURIST report] to jail Klaas Faber, a Dutch native who fled to Germany after being convicted in the Netherlands in 1947 of Nazi war crimes. Germany reopened investigations into former Nazi death camp guards in October, which stemmed from the conviction of John Demjanjuk [JURIST reports], a former guard at a camp in Poland who was deported to Germany to stand trial for his alleged Nazi crimes. Last September alleged Nazi Sandor Kepiro died while he awaited an appeal [JURIST report] on his acquittal on war crimes charges.


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South Korea rights group to file international complaint against China over prisoner torture
Dan Taglioli on July 30, 2012 12:24 PM ET

[JURIST] A rights group in South Korea [JURIST news archive] on Monday announced its intent to appeal to the UN over the alleged torture of Seoul activist Kim Young-hwan during his time detained in China after helping North Korean refugees there. The Committee for the Release of Kim Young-hwan is considering filing an international complaint [AFP report] against China after Chinese authorities refused to acknowledge or apologize for the alleged torture. Kim, 49, was arrested in China with three other people in late March and accused of endangering national security. The Committee had originally been founded to advocate for Kim's release, and along with the international complaint is now considering filing a criminal or civil lawsuit against the Chinese government, perhaps in the International Criminal Court [JURIST backgrounder] or in a court in China itself. After being deported home on July 20 Kim claimed he had been physically abused while in Chinese custody. North Korean refugees like those Kim was trying to aid are repatriated back to North Korea when caught in China, and Chinese authorities are generally hostile to South Korean activists like Kim who attempt to help the fugitives.
Last month Committee for Human Rights in North Korea (HRNK) [advocacy website] reported that North Korea's caste system leads to human rights abuses [JURIST report] in the country, with members of the lower castes being classified as "class enemies" and not afforded basic human rights. In November UN Special Rapporteur on North Korean Human Rights Marzuki Darusman criticized North Korea's human rights record [JURIST report], particularly its treatment of prisoners, echoing a UN General Assembly [official website] resolution [text] passed the same week. In March 2010 the UN Human Rights Council (UNHRC) adopted a resolution condemning North Korea for human rights abuses [JURIST report]. Earlier that month the UN Special Rapporteur for North Korea reported to the UNHRC that the North Korean human rights situation was continuing to deteriorate [JURIST report]. In October the US Congress gave final approval to three free trade agreements, one of which was with South Korea [HR 3080 text], marking the first time in several years that the US has formed a trade partnership. The South Korea agreement will lower or eliminate tariffs that US exporters face [JURIST report] in the country and take steps to better protect intellectual property and improve access for American investors there.


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Federal judge blocks enforcement of insurance mandate for Colorado business owner
Rebecca DiLeonardo on July 30, 2012 11:44 AM ET

[JURIST] A judge for the US District Court for the District of Colorado [official website] on Friday issued an injunction [order, PDF] barring the federal government from enforcing its controversial employer insurance mandate against a Colorado business owned by a Catholic family. The mandate [HHS press release], issued by the US Department of Health and Human Services (HHS) [official website], was added to the Patient Protection and Affordable Care Act (PPACA) [text] and requires nearly all health insurance plans to cover all FDA-approved drugs, including contraception, sterilization and Plan-B-type drugs, with a narrow exception for some religious institutions. The exception only applies to organizations whose mission is strictly religious in nature and thus will not exempt Catholic schools, hospitals or universities. Judge John Kane on Friday granted a request by the plaintiffs to block enforcement of the mandate against their family-owned heating and ventilation business due to family religious beliefs. The requirement was scheduled to go into effect on August 1. In his decision, Kane ruled that the plaintiffs' interest in protecting their religious freedom outweighs the state's interest in enforcing the law uniformly.
The HHS mandate has raised concerns in religiously affiliated institutions across the country. There are currently 24 separate lawsuits challenging the mandate. Last week, the Thomas More Law Center filed a motion [JURIST report] in the US District Court for the Eastern District of Michigan asking the court to block the mandate before it goes into effect on August 1. Earlier this month, Wheaton College [official website], a Christian institution in Illinois, filed a lawsuit [press release] challenging the HHS mandate. In May, more than 40 Catholic dioceses and other Catholic institutions around the US filed lawsuits [JURIST report] against the Obama administration alleging the mandate violated their right to religious freedom. In a statement, the Archdiocese of Washington, DC, said that the lawsuit was not about access to contraception, but rather "it is about whether the government may force religious institutions and individuals to facilitate and fund services which violate their religious beliefs."


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Romania presidential referendum fails for lack of minimum voter turnout
Dan Taglioli on July 30, 2012 11:14 AM ET

[JURIST] Romanian President Traian Basescu [official website, in Romanian] survived a national referendum on Sunday when the vote was invalidated for failing to achieve the required threshold of 50 percent voter turnout. The controversial attempt to remove Basescu from office was largely orchestrated by Prime Minister Victor Ponta [BBC profile], whose Social Liberal Union (USL) party in May gained control of the majority of seats in Parliament [official website], which then impeached Basescu [JURIST report] earlier this month by a 256-114 vote. Afterward Parliament voted to eliminate the referendum law's 50 percent turnout provision, which has historically been very difficult to achieve in Romania, but the Constitutional Court of Romania [official website, in Romanian] ordered the threshold rule reinstated, holding that Parliament had been wrong to eliminate the provision [JURIST report]. The national electoral bureau finalized the national turnout rate at 46 percent [Guardian report], of which over 80 percent cast votes in favor of ousting Basescu, whose austerity policies have been hugely unpopular with the electorate. Romania [CIA World Factbook profile] emerged from communism in 1989, joined the European Union [official website] in 2007 and has a population of around 20 million. Basescu has been president of Romania since 2004.
Basescu survived a similar referendum in 2007 [JURIST report] with 74 percent of the vote and only 44 percent turnout. In 2009 the Constitutional Court declared then-incumbent Basescu the winner of that year's disputed presidential election [JURIST report], returning him to office after unanimously rejecting a complaint by Basescu's opponent alleging voter fraud and bribery. Last week the Constitutional Court upheld a parliamentary change to the country's referendum law that lengthened voting times by an four extra hours [JURIST report], an effort led by Ponta and the USL to increase voter turnout for Sunday's referendum. A week earlier interim president Crin Antonescu [personal website, in Romanian] signed a law reinstating the 50 percent turnout threshold [JURIST report] after the Constitutional Court's ruling that it was improperly eliminated by Parliament. Also this month the Constitutional Court accused Ponta of overstepping his authority [JURIST report] by attempting to seize control over the judiciary system, after which European Commission (EC) President Jose Manuel Barroso [official website] summoned Ponta to Brussels to discuss concerns over some of the prime minister's policies, urging Ponta to respect the full independence of the Romanian judiciary and expressing the EC's desire that Romania maintain a democratic system of checks and balances.


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