Friday, November 17, 2017

Cambodia court denies bail for jailed opposition leader

Cambodia's Supreme Court on Tuesday authorized the continued detention of opposition leader Kem Sokha, who faces treason charges that critics have denounced as part of a ruling party campaign to crush political rivals before elections next year. Sam Sokong, a lawyer for Sokha, said the Supreme Court upheld a lower court's refusal of bail on the grounds that Sokha's release would be detrimental to national security and his own safety. Sokha was not at the court hearing. He was arrested Sept. 3 on charges of conspiring with the United States to topple the government of long-ruling Cambodian strongman Hun Sen and faces up to three decades in prison if convicted. Sokha and the U.S. Embassy in Phnom Penh say the accusations are false. Rights groups and Western governments are concerned by Hun Sen's increasingly draconian measures against the media and opposition. But their ability to exercise a restraining influence has been undermined by China's greater role in Cambodia, including investment and generous financial aid. On Nov. 16, the Supreme Court will start hearing a case that seeks the dissolution of Sokha's Cambodia National Rescue Party, the only opposition party with seats in Cambodia's parliament.

Tuesday, August 15, 2017

Court: FAA must reconsider regulating airline seat size

An appeals court panel said Friday that federal officials must reconsider their decision not to regulate the size of airline seats as a safety issue. One of the judges called it “the Case of the Incredible Shrinking Airline Seat.” The Flyers Rights passenger group challenged the Federal Aviation Administration in court after the agency rejected its request to write rules governing seat size and the distance between rows of seats. On Friday, a three-judge panel for the federal appeals court in Washington said the FAA had relied on outdated or irrelevant tests and studies before deciding that seat spacing was a matter of comfort, not safety. The judges sent the issue back to the FAA. They said the agency must come up with a better-reasoned response to the group’s safety concerns. “We applaud the court’s decision, and the path to larger seats has suddenly become a bit wider,” said Kendall Creighton, a spokeswoman for Flyers Rights. The passenger group says small seats that are bunched too close together slow down emergency evacuations and raise the danger of travelers developing vein clots. FAA spokesman Ian Gregor said the agency was considering the ruling and its next steps. He said the FAA considers the spacing between seat rows when testing to make sure that airliners can be evacuated safely. The airline industry has long opposed the regulation of seat size. Its main U.S. trade group, Airlines for America, declined to comment on the ruling.

Thursday, June 15, 2017

Judge rejects effort to block Confederate statue's removal

A last-ditch effort to block the removal of a monument to a Confederate general in New Orleans was rejected Wednesday by a Louisiana judge who turned away arguments that the city doesn't own the statue or the land on which it sits. "This has gone on an inordinate amount of time," Judge Kern Reese said as he outlined reasons for his refusal to grant an injunction protecting the statue of Gen. P.G.T Beauregard. It was a reference to state and federal court battles that delayed removal of the Beauregard monument and three others for more than a year. The huge bronze image of Beauregard on horseback sits in the center of a traffic circle at the entrance to New Orleans City Park. Those who don't want it removed argued that it belongs to a park board and, therefore, the city has no authority to remove it. Reese's rejection of an injunction means the city can remove the statue pending further proceedings in his court. Richard Marksbury, a New Orleans resident and monument supporter, said he may go to an appeal court to block removal. The Beauregard statue, a statue of Gen. Robert E. Lee and one of Confederate President Jefferson Davis are slated for removal. A fourth structure, the Liberty Place monument, was removed late last month. It honored whites who battled a biracial Reconstruction-era government in New Orleans. The Liberty Place monument was taken down without advance notice in the dead of night by workers in masks and body armor. City officials have been secretive about removal plans due to threats of violence against those tasked with taking down the structures. In Reese's court, Franklin Jones, an attorney for Marksbury, cited documents asserting that the independent, state-supervised board that oversees City Park owns the Beauregard statue and the tract of land on which it sits. Adam Swensek, an assistant city attorney, noted court precedents holding otherwise and said delays in removing the monuments only prolong a controversy that has resulted in tense confrontations between pro- and anti-monument groups at monument sites.

Trump visiting Supreme Court as justices weigh travel ban

President Donald Trump is making his first Supreme Court visit at a moment of high legal drama. The justices are weighing what to do with the president's ban on travelers from six mostly Muslim countries. But the reason for his high court trip Thursday is purely ceremonial, to mark Justice Neil Gorsuch's ascension to the bench. Trump has no role in the courtroom ceremony, but presidents often make the trip to the court from the White House to honor their nominees. While the dispute over the travel ban and other controversies have simmered during Trump's first few months in office, his choice of the 49-year-old Gorsuch for the Supreme Court won widespread praise in the legal community as well as unanimous Republican support in the Senate. A federal judge first blocked Trump's initial travel ban in early February. The president issued a revised version in March. It never took effect after judges in Maryland and Hawaii put it on hold. Two federal appeals courts have since upheld those lower court orders. The Trump administration has asked the Supreme Court to allow the ban to take effect immediately. Gorsuch actually has been a member of the high court since April, and he even issued his first opinion on Monday. The investiture ceremony typically takes place before a new justice's first day on the bench, but Gorsuch was confirmed and sworn in on a tight schedule. He filled the seat that had been held for nearly 30 years by Justice Antonin Scalia, who died in February 2016. The high court seat was vacant for nearly 14 months after Senate Republicans refused to take up President Barack Obama's nomination of Judge Merrick Garland.

Idaho Supreme Court to hear veto challenge arguments

Proponents of a lawsuit challenging Gov. C.L. "Butch" Otter's veto of a contentious grocery tax repeal bill will present arguments in front of the Idaho Supreme Court on Thursday. State GOP Reps. Ron Nate and Bryan Zollinger, both from eastern Idaho, spearheaded a lawsuit in April arguing that the Idaho Constitution says a governor has 10 days to veto a bill immediately after the Legislature adjourns.In 1978, the Idaho Supreme Court ruled a governor has 10 days to veto or approve a bill starting when it lands on his desk. However, 30 lawmakers have signed on with Nate and Zollinger urging the court to overturn its previous decision — a request rarely granted by courts due to a preference to follow prior judicial precedent. The lawsuit has attracted the support of House Assistant Majority Leader Brent Crane and House Majority Caucus Chairman John Vander Woude and House Judiciary, Rules and Administration Committee Chairman Lynn Luker in the lawsuit. Also named in the petition is GOP Rep. Heather Scott of Blanchard, who helped lead an organized movement to disrupt progress inside the Statehouse this year to protest legislative leadership. Other legislators include Sen. Cliff Bayer of Meridian, who was the original sponsor of the grocery tax repeal bill this year. Idaho's top lawmakers are countering that the lawsuit is unnecessary because the court has already ruled that the deadline kicks in when the governor receives the bill. Secretary of State Lawerence Denney has also warned that if the court overturned the nearly 40-year-old ruling, it is unknown how many other post-legislative adjournment vetoes would be affected.