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Supreme Court divided in 1st big abortion case of Trump era
Court Watch | 2020/03/08 10:45
A seemingly divided Supreme Court struggled Wednesday with its first major abortion case of the Trump era, leaving Chief Justice John Roberts as the likely deciding vote.

Roberts did not say enough to tip his hand in an hour of spirited arguments at the high court.

The court’s election-year look at a Louisiana dispute could reveal how willing the more conservative court is to roll back abortion rights. A decision should come by late June.

The outcome could have huge consequences at a time when several states have passed laws, being challenged in the courts, that would ban abortions after a fetal heartbeat is detected, as early as six weeks.

The justices are weighing a Louisiana law requiring doctors who perform abortions to have admitting privileges at a nearby hospital. A federal judge found that just one of Louisiana’s three abortion clinics would remain open if the law is allowed to take effect. The federal appeals court in New Orleans, though, upheld the law, setting up the Supreme Court case.

Justice Ruth Bader Ginsburg noted, as she had before, that “among medical procedures, first trimester abortion is among the safest, far safer than childbirth.” The abortion clinic in Shreveport at the heart of the case reported transferring just four patients to a hospital out of roughly 70,000 it has treated over 23 years, Justice Elena Kagan noted.



Lesotho's PM fails to show in court to face murder charge
Court Watch | 2020/02/20 13:57
Lesotho’s prime minister failed to show up in court on Friday to be charged with murder in the killing of his estranged wife, and police said he might have gone to neighboring South Africa for an undisclosed ailment.

Prime Minister Thomas Thabane's current wife, Maesaiah, also has been charged with murder in the 2017 death of Lipolelo Thabane. She had briefly fled the kingdom for South Africa, avoiding a police summons.

Deputy Commissioner of Police Paseka Mokete, who led the investigation, said he had heard rumors that the 80-year-old prime minister had gone to South Africa for a medical check-up.

“I have spoken to Thabane’s lawyer and he told me he is not aware of the prime minister’s whereabouts,” Mokete said. “We are now waiting for him to return so that he can be charged.”

It would be premature to seek an arrest warrant for the prime minister as police did when Maesaiah Thabane refused to honor a police summons last month, Mokete said.

On Thursday, Mokete confirmed to The Associated Press that the prime minister would appear at Maseru Magistrates Court to face a murder charge and an attempted murder charge in connection with a shooting of a friend of Lipolelo Thabane.

Thomas Thabane is the first sitting prime minister in Lesotho to be charged with any crime. He has announced he would step down by the end of July, if not sooner, amid pressure from the ruling party, which says he is no longer fit to rule.


Court: Life support decision didn't need judge's approval
Court Watch | 2020/02/17 14:00
A judge was wrong to conclude that court approval is needed for a guardian’s request to remove a woman from life support, the New Hampshire Supreme Court said in an opinion released Wednesday.

The 69-year-old woman, identified as “L.N.,” was admitted to Concord Hospital in 2018 after suffering a stroke. Doctors said damage to her brain was irreversible.

L.N.’s court-appointed guardian said while L.N. never specifically stated her end-of-life preferences, the two had discussed the subject in general. The guardian’s sense was that L.N. would want to be allowed to have a natural death.

A circuit court judge ruled the guardian would need prior court approval before deciding to end L.N.’s life support. The judge also said a question remained as to whether L.N. would regain an ability to communicate. The guardian appealed.

State law doesn’t specifically mention life-sustaining treatment requiring a judge’s prior approval. The supreme court concluded the guardian’s general authority includes the decision to end life support, in appropriate circumstances.


Edwards takes treasurer to court over blocked fund transfer
Court Watch | 2020/02/03 19:33
Gov. John Bel Edwards sued Louisiana's state treasurer Friday for blocking a $25 million fund transfer the governor and lawmakers earmarked for government operating expenses, asking the courts to settle who has ultimate authority over the dollars.

Republican state Treasurer John Schroder repeatedly said if the Democratic governor wanted to spend the unclaimed property dollars included in the state's budget, he'd have to take him to court. After months of disagreement, Edwards complied, filing the lawsuit requesting a judge to declare Schroder's actions are illegal.

Lawmakers appropriated the unclaimed property dollars in Louisiana's $30 billion-plus operating budget. But Schroder has refused to shift the money for spending, and he similarly blocked a $15 million fund transfer last year.

“He doesn't have the discretion not to abide by an appropriation that has been lawfully made by the Legislature,” the governor said ahead of the lawsuit's filing in Baton Rouge district court.

Louisiana collects unclaimed dollars from old savings accounts, payroll checks, stocks and dividends, insurance proceeds, oil royalty payments and utility deposits on behalf of residents. The treasurer's office, designated as custodian of the property, tries to locate people owed the cash and return the money.

Though governors and lawmakers for decades have spent money from the unclaimed property escrow account on programs and services, Schroder said he and his office's lawyers don't believe Louisiana law permits the transfers.


Wood County commissioner reprimanded by Supreme Court
Court Watch | 2020/01/28 10:50
The Wisconsin Supreme Court on Thursday reprimanded a part-time Wood County circuit court commissioner for not removing himself from hearing a case involving an attorney who was a personal friend.

The court reprimanded part-time commissioner Kenneth Gorski after agreeing with the Wisconsin Judicial Commission's determination that Gorski had willfully violated several rules of the judicial conduct code. Gorski works about two afternoons a month as a part-time circuit court commissioner, a job he started in 2014.

The complaint stems from a small claims case that Gorski should have recused himself from because he was personal friends for more than 20 years with the attorney, the Supreme Court said. They went on four overseas vacations together between 2015 and 2018 as well as frequent overnight golfing trips, the Supreme Court said.

During the trial, Gorski lost his temper with the defendant who was opposed by his attorney friend, groaning in anger and making sarcastic comments, the Supreme Court said.


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