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Mexican president lashes out at Supreme Court chief justice
Topics in Legal News |
2023/03/01 10:34
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Mexico’s president lashed out Wednesday at the chief justice of the country’s Supreme Court, accusing her of promoting rulings favorable to criminal suspects.
President Andrés Manuel López Obrador’s comments opened a new debate over the separation of powers in Mexico, at a time when the Supreme Court is expected to rule on the president’s controversial cuts to election agency funding.
López Obrador has already attacked independent regulatory agencies, slammed the judiciary and cut funding for the National Electoral Institute.
The electoral dispute has led the president to feud with the press, demonstrators and the U.S. State Department. Opponents say the electoral cuts threaten Mexico’s democracy, and have appealed them to the Supreme Court.
López Obrador’s comments Wednesday opened a head-on conflict between the administration and Supreme Court Chief Justice Norma Piña, the first woman to hold that post.
The president was angered after a judge issued an injunction striking down an arrest warrant against Francisco Garcia Cabeza de Vaca, a former governor of the northern border state of Tamaulipas, who had been accused of corruption.
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US Court strikes down charter boat tracking rule
Law Firm News |
2023/02/24 15:07
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An appeals court has struck down a federal fisheries management rule requiring operators of privately owned charter boats to equip their vessels with tracking devices, a victory for a group of Louisiana and Florida charter operators who challenged the rule in a 2020 lawsuit.
Thursday’s ruling by a panel of the 5th U.S. Circuit Court of Appeals in New Orleans reversed a lower court decision upholding the regulation, which had been developed to help regulators keep track of the amount of fish caught on recreational charter vessels.
Rejecting government arguments, the panel said that tracking devices are not the type of equipment regulators can require on recreational vessels under a federal fishing regulation law passed by Congress — the Magnuson-Stevens Act.
And it said regulators, in adopting the rule, failed to adequately consider charter operators’ concerns that the regulation may violate Fourth Amendment protections against unreasonable searches. While not ruling on the regulation’s constitutionality, the opinion written by Judge Jennifer Walker Elrod said it “very likely violated the Fourth Amendment.”
Charter operators have complained that the requirement imposed a costly, needless burden on charter operators. Lawyers for the operators say charter operations account for a tiny percentage of fishing done in the Gulf of Mexico.
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Maryland mulls ending child sexual abuse lawsuit time limits
Opinions |
2023/02/19 15:29
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Maryland lawmakers are considering ending the state’s statute of limitations for when lawsuits can be filed against institutions related to child sexual abuse, though the state’s courts are likely to decide whether such a change in the law is constitutional if the General Assembly passes one.
Accusers who are now adults were scheduled to testify in favor of the legislation at a hearing Thursday.
Currently, people in Maryland who say they were sexually abused as children can’t sue after they reach the age of 38. The Maryland House has approved legislation in recent years that would have lifted that age limit, but it stalled in the state Senate.
This year, state Sen. Will Smith, who chairs the Senate Judicial Proceedings Committee, is sponsoring a bill that would end the age limit. He said in an interview that he’s confident the bill will pass this year but that the judiciary likely will have the final say.
Fifteen states have lifted statutes of limitations for child sexual abuse, according to Child USAdvocacy, a nonprofit that advocates for better laws to protect children. Twenty-four have approved revival periods known as “lookback windows,” which are limited timeframes in which accusers can sue, regardless of how long ago the alleged abuse occurred.
In 2017, Maryland raised the age that accusers can file lawsuits from 25 to 38. But the law also included language, known as a statute of repose, that some say prevents lawmakers from extending the statute of limitations again.
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Supreme Court won’t upset Arkansas anti-Israel boycott law
Topics in Legal News |
2023/02/15 15:07
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The Supreme Court on Tuesday refused to step into a legal fight over state laws that require contractors to pledge not to boycott Israel.
The justices rejected an appeal on behalf of an alternative weekly newspaper in Little Rock, Arkansas, that objected to a state law that reduces fees paid to contractors that refuse to sign the pledge.
The full federal appeals court in St. Louis upheld the law, overturning a three-judge panel’s finding that it violated constitutional free speech rights.
Similar measures in Arizona, Kansas and Texas were initially blocked by courts, prompting lawmakers to focus only on larger contracts. Arkansas’ law applies to contracts worth $1,000 or more.
Republican legislators in Arkansas who drafted the 2017 law have said it wasn’t prompted by a specific incident in the state. It followed similar restrictions enacted by other states in response to a movement promoting boycotts, divestment and sanctions of Israeli institutions and businesses over the country’s treatment of Palestinians. Israeli officials said the campaign masked a deeper goal of delegitimizing and even destroying their country.
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Pence subpoenaed by special counsel probing Trump
Topics in Legal News |
2023/02/10 14:44
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Former Vice President Mike Pence has been subpoenaed by the special counsel overseeing investigations into efforts by former President Donald Trump and his allies to overturn the results of the 2020 election, according to a person with direct knowledge of the event.
The subpoena to Pence as part of the investigation by special counsel Jack Smith was served in recent days, according to the person, who spoke to The Associated Press on condition of anonymity Thursday to discuss a sensitive issue.
The extraordinary scenario of a former vice president potentially testifying against his former boss in a criminal investigation comes as Pence considers launching a 2024 Republican presidential bid against Trump. The two have been estranged since a mob of Trump’s supporters stormed the U.S. Capitol building on Jan. 6, 2021, in an attempt to stop Democrat Joe Biden’s victory.
The subpoena is an aggressive step from a prosecutor who for years led the Justice Department’s public corruption section and who oversaw indictments against major political figures. The move sets the stage for a likely executive privilege fight, given Pence’s close proximity to Trump for four years as major decisions were being contemplated and planned. It is unclear whether efforts to secure voluntary testimony from Pence stalled before the subpoena was issued. |
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