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Legal news from Saturday, February 23, 2013




US appeals court rejects Illinois' request to reconsider concealed guns ruling
Max Slater on February 23, 2013 11:09 AM ET

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[JURIST] The US Court of Appeals for the Seventh Circuit [official website] refused [opinion, PDF] on Friday to rehear a case decided in December that struck down [JURIST report] Illinois' ban on carrying concealed weapons. Last month, Illinois Attorney General Lisa Madigan [official website] filed a petition for re-hearing en banc [press release; JURIST report], which requests for all 10 judges on the court to hear the case. On Friday, the court rejected Madigan's rehearing petition [AP report] by a 5-4 vote, with one judge not participating. Judge David Hamilton dissented, saying that the December decision went too far in striking down restrictions on guns. In his dissent, he stated
The Supreme Court has not yet decided whether the...individual right to bear arms at home under the Second Amendment extends beyond the home. The panel's split decision in these cases goes farther than the Supreme Court has gone and is the first decision by a federal court of appeals striking down legislation restricting the carrying of arms in public.
Madigan has 90 days to decide whether or not to appeal to the US Supreme Court [official website].

Illinois lawmakers, particularly those in Chicago, have struggled to limit firearm possession and advance gun control [JURIST news archive] initiatives in the city without violating the Constitution. In June the US District Court for the Northern District of Illinois [official website] struck down [JURIST report] a portion of the Chicago Firearms Ordinance [text, PDF] that prevents firearm purchase by individuals who have "been convicted by a court in any jurisdiction of ... unlawful use of a weapon that is a firearm" because such a standard is unconstitutionally vague. The ordinance was unanimously approved [JURIST report] by the Chicago City Council in July 2010, and imposes strict regulations on firearm possession. In particular, residents who possess firearms are required to keep them inside their homes, and are not permitted to take their guns into the yard, garage or porch of the home. The legislation was enacted four days after the Supreme Court ruled in McDonald v. Chicago [opinion, JURIST report] that the Second Amendment right to bear arms is applicable to the states as well as the federal government. The decision effectively struck down Chicago's former handgun ban, as it prohibited citizens from keeping handguns in their homes under any circumstances.




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UN official urges Security Council to send more forces to DRC
Julie Deisher on February 23, 2013 10:54 AM ET

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[JURIST] In a statement [press release] to the UN Security Council [official website] on Friday, Special Representative of the Secretary-General Roger Meece [official profile] urged the council to deploy an additional military brigade to help the "overstretched" peacekeeping mission in the Democratic Republic of the Congo (DRC). Meece, the head of United Nations Organization Stabilization Mission in the Democratic Republic of Congo (MONUSCO) [official website], said that new threats have materialized in new areas, including the Maniema and Katanga provinces, and there is "a very limited opportunity to respond to them." He also emphasized the importance of the pending initiative to add an unmanned aerial vehicle surveillance capability to MONUSCO and thanked the council for its support of that proposal. Meece reported that the imminent formal adoption of the multi-year joint justice program between the DRC Ministry of Justice and Human Rights [official website, in French] and the UN would effectively complement MONUSCO's ongoing efforts with the military justice system in the fight against impunity.

The UN has been increasingly concerned about the abuses by both M23 rebels [JURIST news archives] and Congolese troops against civilians over the past several months. In December, a UN probe found [JUIRIST report] that at least 126 people were raped and two civilians were killed during violence in the region last November. A month earlier, the UN condemned M23 [JURIST report] for guerrilla attacks on the DRC and called for an end to all support of the group. Human Rights Watch [advocacy website] also released a report [JURIST report] in September alleging that M23 had been responsible for numerous war crimes, including summary executions, rape and forced recruitments. In June, a leaked UN report [JURIST report] revealed that Rwanda had been helping to create and support M23 and similar rebel groups that have been known to violate human rights.




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Three briefs filed with Supreme Court in case challenging DOMA
Julie Deisher on February 23, 2013 10:24 AM ET

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[JURIST] Three briefs on the merits were filed with the US Supreme Court [official website] in the case US v. Windsor [docket; JURIST report] on Friday on the issues of the constitutionality of the federal Defense of Marriage Act (DOMA) [text; JURIST news archive] and of whether the Court even has the authority to decide such a question. The Obama Administration filed a brief [PDF] arguing that DOMA violates the constitutional guarantees to equal protection of the laws, which applies to the federal government pursuant to the Due Process Clause [LII backgrounder] of the Fifth Amendment [text]. Respondent Edith Windsor [ACLU backgrounder], who is challenging the law's constitutionality, also filed a brief [PDF] arguing that the Executive Branch's agreement that DOMA should be found unconstitutional does not deprive the Court of jurisdiction to decide the issue. Republican leaders from the House of Representatives [official website], who are defending the law's constitutionality, filed a brief [PDF] supporting Windor's assertion of jurisdiction, and adding that the House has standing to defend a statute against constitutional challenge when the Executive Branch refuses to do so. The Court is set to hear oral arguments in this case in March.

Windsor is a widow who had a legal same-sex marriage under Canada and New York law, but was denied spousal deduction for federal estate taxes when her wife died. Prior to her challenge, the US Department of Justice (DOJ) [official website] announced that it would no longer defend DOMA in courts and, in response, members of the House formed [JURIST reports] the Bipartisan Legal Advisory Group (BLAG) to defend the law. In July,132 members of the House who support the law's constitutionality filed an amicus brief [JURIST report] in another case arguing that statutory classifications based on sexual orientation should be subject to heightened judicial scrutiny and that DOMA should be overturned as unconstitutional under any level of judicial scrutiny. The brief was filed in the appeal of Karen Golinski v. Office of Personnel Management, the landmark case in which the US District Court for the Northern District of California [official website] ruled that DOMA is unconstitutional [JURIST report]. In June, 10 US senators filed their own amicus brief in the case, arguing in the opposite [JURIST report] that the federal government had a legitimate interest in creating a uniform federal definition of marriage to "[avoid] massive legal uncertainty."




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Uruguay high court declares dictatorship trials unconstitutional
Max Slater on February 23, 2013 10:22 AM ET

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[JURIST] The Uruguay Supreme Court ruled on Friday that a 2011 law allowing for investigations into crimes committed during the country's 1973-1985 dictatorship is unconstitutional. Uruguay's legislature passed the law in 2011, allowing the government to investigate human rights violations that occurred during the 12-year dictatorship [Library of Congress backgrounder] and not subjecting these violations to a statute of limitations. The court struck down [Reuters report] the law because it found that two of the articles were unconstitutional, effectively restoring the nation's 1986 Expiry Law [text, in Spanish], which granted amnesty to military officials accused of human rights violations during the dictatorship era. The Expiry Law places in doubt 20 murder cases that have been brought against Uruguay's former dictator, Juan Maria Bordaberry [JURIST news archive].

Laws concerning Uruguay's dictatorship era have been the subject of judicial controversy in recent years. In 2011, the Inter-American Court of Human Rights (IACHR) [official website, in Spanish] condemned the Uruguayan government for its role in the abduction and death of an Argentinean woman in the 1970s, effectively overturning the country's amnesty law [JURIST report]. In 2010, the Uruguayan Supreme Court ruled [JURIST report] that amnesty granted for crimes committed by the country's 12-year dictatorship was unconstitutional. Months earlier, Bordaberry was sentenced to 30 years in prison [JURIST report] for his role in the country's 1973 military coup. Bordaberry was arrested in 2006 on charges of murder and was later charged with violating Uruguay's constitution [materials, in Spanish]. The Uruguay Supreme Court also addressed the Expiry Law in a 2009 ruling, finding it unconstitutional [JURIST report] as it applied to the case of Nibia Sabalsagaray, who was allegedly murdered by the military in 1974. The court concluded that the law violated separation of powers and constitutional sovereignty [El Pais report, in Spanish].




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