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Supreme Court to hear closely watched double jeopardy case
Legal Business |
2018/12/06 11:00
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The Supreme Court is set to hear arguments about an exception to the Constitution's ban on being tried for the same offense. The outcome could have a spillover effect on the investigation into Russian meddling in the 2016 election.
The justices are taking up an appeal Thursday from federal prison inmate Terance Gamble. He was prosecuted separately by Alabama and the federal government for having a gun after an earlier robbery conviction.
The high court is considering whether to overturn a court-created exception to the Constitution's double-jeopardy bar that allows state and federal prosecutions for the same crime. The court's ruling could be relevant if President Donald Trump were to pardon someone implicated in
Supreme Court lawyer Tom Goldstein joked at a Washington event before the term began in October that the high court case should be called New York v. Manafort, a reference to former Trump campaign manager Paul Manafort. Trump has refused to rule out an eventual pardon for Manafort, who has been convicted of federal financial fraud and conspiracy crimes. It's by no means certain that the high court ruling will affect future prosecutions.
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EU court adviser: Britain could change its mind on Brexit
Court Watch |
2018/12/04 09:08
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A top official at the European Union's highest court advised Tuesday that Britain can unilaterally change its mind about leaving the European Union, boosting hopes among to pro-EU campaigners in the U.K. that Brexit can be stopped.
Prime Minister Theresa May's government insists it will never reverse the decision to leave, but May faces a tough battle to win backing in Parliament before lawmakers vote next week on whether to accept or reject the divorce agreement negotiated with the bloc. Defeat would leave the U.K. facing a chaotic "no-deal" Brexit and could topple the prime minister, her government, or both.
Advocate General Manuel Campos Sanchez-Bordona told the European Court of Justice that a decision by the British government to change its mind about invoking the countdown to departure would be legally valid. The advice of the advocate general is often, but not always, followed by the full court.
The court is assessing the issue under an accelerated procedure, since Britain is due to leave the bloc on March 29. The final verdict is expected within weeks.
Britain voted in 2016 to leave the 28-nation bloc, and invoked Article 50 of the EU's Lisbon Treaty in March 2017, triggering a two-year exit process. Article 50 is scant on details — largely because the idea of any country leaving the bloc was considered unlikely — so a group of Scottish legislators asked the courts to rule on whether the U.K. can pull out of the withdrawal procedure on its own.
The EU's governing Commission and Council oppose unilateral revocation, arguing it requires unanimous agreement of the 27 remaining members of the bloc.
The court's advocate general said that Article 50 "allows the unilateral revocation of the notification of the intention to withdraw from the EU."
The advice bolstered anti-Brexit campaigners, who hope the decision to leave can be reversed.
"That puts the decision about our future back into the hands of our own elected representatives — where it belongs," said Jo Maugham, a British lawyer who helped bring the case. |
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High court seems to lean against West Virginia in tax case
Attorney News |
2018/12/03 09:08
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The Supreme Court seemed inclined Monday to side with a retired U.S. marshal who argues West Virginia is discriminating against former federal law enforcement officers like him by giving a more generous tax break to former state law enforcement officers.
James Dawson says West Virginia currently exempts the vast majority of state law enforcement retirees — including police and firefighters — from paying income tax on their retirement benefits. But retired U.S. Marshals Service employees like him don't get that perk. Dawson has to pay income tax on his retirement benefits except for the first $2,000 annually, which is tax free.
Dawson says federal law prohibits West Virginia from taxing his retirement income more heavily than it taxes the retirement income of those who did a similar job working for the state.
During arguments before the Supreme Court on Monday, both conservative and liberal justices seemed more willing to side with Dawson. Justice Neil Gorsuch asked West Virginia's attorney Lindsay See why looking at the text of the federal law wasn't "game over," ending the case in Dawson's favor. And Justice Stephen Breyer listed a number of those getting better tax treatment than Dawson.
"It's not just the state police. It's also the local police. It's everybody in law enforcement almost. And they can get into it and the feds can't. Why isn't that just the end of it?" Breyer said. |
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The Latest: Court likely to apply excess-fine ban to states
Court News |
2018/12/01 09:18
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The Supreme Court seems very likely to rule that the Constitution's ban on excessive fines applies to the states. The outcome could help an Indiana man recover the $40,000 Land Rover police seized when they arrested him for selling about $400 worth of heroin.
The court has formally held that most of the Bill of Rights applies to states as well as the federal government. But it has not done so on the Eighth Amendment's excessive-fines ban.
Justice Neil Gorsuch (GOR'-suhch) was incredulous that Indiana Solicitor General Thomas Fisher was urging the justices to rule that states should not be held to the same standard. Gorsuch said Wednesday, "Come on, general."
Justice Stephen Breyer said under Fisher's reading police could seize a quarter-million-dollar Bugatti sports car if its driver is caught going 5 miles per hour (8 kilometers per hour) over the speed limit.
The Supreme Court is taking up the case of an Indiana man who says the Constitution should have barred local authorities from seizing his $40,000 Land Rover after his arrest for selling less than $400 in heroin to undercover officers.
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Dutch court rejects man’s request to be 20 years younger
Court Watch |
2018/12/01 09:12
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Dutch motivational speaker Emile Ratelband may feel like a 49-year-old but according to Dutch law he is still 69.
A Dutch court on Monday rejected Ratelband’s request to shave 20 years off his age in a case that drew worldwide attention.
“Mr. Ratelband is at liberty to feel 20 years younger than his real age and to act accordingly,” Arnhem court said in a press statement . “But amending his date of birth would cause 20 years of records to vanish from the register of births, deaths, marriages and registered partnerships. This would have a variety of undesirable legal and societal implications.”
Ratelband went to court last month, arguing that he didn’t feel 69 and saying his request was consistent with other forms of personal transformation which are gaining acceptance in the Netherlands and around the world, such as the ability to change one’s name or gender.
The court rejected that argument, saying that unlike in the case of a name or gender, Dutch law assigns rights and obligations based on age “such as the right to vote and the duty to attend school. If Mr. Ratelband’s request was allowed, those age requirements would become meaningless.”
Ratelband, perhaps unsurprisingly given his background as self-described advocate of positive thinking, was undeterred by the court’s rejection and vowed to appeal.
“This is great!” he said. “The rejection of (the) court is great ... because they give all kinds of angles where we can connect when we go in appeal.”
He said he was the first of “thousands of people who want to change their age.”
The court said it acknowledged “a trend in society for people to feel fit and healthy for longer, but did not regard that as a valid argument for amending a person’s date of birth.”
Ratelband also insisted his case did have parallels with requests for name and gender changes.
“I say it’s comparable because it has to do with my feeling, with respect about who I think ... I am, my identity,” he said.
The court said Ratelband failed to convince the judges that he suffers from age discrimination, adding that “there are other alternatives available for challenging age discrimination, rather than amending a person’s date of birth.” |
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