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Chaos marks start of Kavanaugh confirmation hearing
Attorney News |
2018/09/03 22:41
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Quarreling and confusion marked the start of the Senate's confirmation hearings for Supreme Court nominee Brett Kavanaugh on Tuesday, with Democrats trying to block the proceedings because of documents being withheld by the White House. Protesters also disrupted the proceedings.
In his opening remarks released ahead of delivery, Kavanaugh sought to tamp down the controversy over his nomination, which would likely shift the closely divided court to the right. He promised to be a "team player" if confirmed, declaring that he would be a "pro-law judge" who would not decide cases based on his personal views.
But Democrats raised objections from the moment Chairman Chuck Grassley gaveled the committee to order. They want to review 100,000 documents about Kavanaugh's record being withheld by the White House as well as some 42,000 documents released to the committee on a confidential basis on the eve of the hearing, along with others not sought by Republicans on the committee.
"We have not been given an opportunity to have a meaningful hearing on this nominee," said Sen. Kamala Harris, D-Calif. Sen. Richard Blumenthal, D-Conn., made a motion to adjourn.
Grassley denied his request, but the arguments persisted.
More than a dozen protesters, shouting one by one, disrupted the hearing at several points and were removed by police. "This is a mockery and a travesty of justice," shouted one woman. "Cancel Brett Kavanaugh!"
Grassley defended the document production as the most open in history, saying there was "no reason to delay the hearing. He asked Kavanaugh, who sat before the committee with White House officials behind him, to introduce his parents, wife and children.
"I'm very honored to be here," Kavanaugh said.
With majority Republicans appearing united, it's doubtful the hearings will affect the eventual confirmation of President Donald Trump's nominee. But they will likely become a rallying cry for both parties just two months before the midterm elections.
Kavanaugh declared he would be even-handed in his approach to the law.
"A good judge must be an umpire, a neutral and impartial arbiter who favors no litigant or policy," Kavanaugh said in prepared opening remarks. "I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge."
"I would always strive to be a team player on the Team of Nine," he added.
The Supreme Court is more often thought of as nine separate judges, rather than a team. And on the most contentious cases, the court tends to split into two sides, conservative and liberal. But the justices often say they seek consensus when they can, and they like to focus on how frequently they reach unanimous decisions. |
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UN court hears case over strategic Indian Ocean islands
Topics in Legal News |
2018/09/02 22:42
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Officials from the Indian Ocean island nation of Mauritius told United Nations judges Monday that former colonial power Britain strong-armed its leaders half a century ago into giving up territory as a condition of independence, a claim that could have an impact on a strategically important U.S. military base.
Judges at the International Court of Justice began hearing arguments for an advisory opinion the U.N. General Assembly requested on the legality of British sovereignty over the Chagos Islands. The largest island, Diego Garcia, has housed the U.S. base since the 1970s.
"The process of decolonization of Mauritius remains incomplete as a result of the unlawful detachment of an integral part of our territory on the eve of our independence," Mauritius Defense Minister Anerood Jugnauth told judges.
Mauritius argues that the Chagos archipelago was part of its territory since at least the 18th century and taken unlawfully by the U.K. in 1965, three years before the island gained independence. Britain insists it has sovereignty over the archipelago, which it calls the British Indian Ocean Territory.
Jugnauth testified that during independence negotiations, then-British Prime Minister Harold Wilson told Mauritius' leader at the time, Seewoosagur Ramgoolam, that "he and his colleagues could return to Mauritius either with independence or without it and that the best solution for all might be independence and detachment (of the Chagos Islands) by agreement."
Ramgoolam understood Wilson's words "to be in the nature of a threat," Jugnauth said.
British Solicitor General Robert Buckland described the case as essentially a bilateral dispute about sovereignty and urged the court not to issue an advisory opinion. |
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Court: Schools may be due hog giant's environmental payments
Opinions |
2018/09/01 22:42
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North Carolina judges are setting up a court battle to decide whether the world's largest pork producer will keep paying for environmental projects as it promised 18 years ago or if the millions should go to public schools instead.
A divided state Court of Appeals resurrected a lawsuit Tuesday challenging Smithfield Foods's 2000 agreement to pay up to $2 million a year for 25 years. The state attorney general has largely decided who got the money.
The court determined a trial should decide if the payments are actually penalties for bad behavior. The state constitution requires that schools get penalty payments.
Smithfield agreed in the same 2000 deal to phase out open-air hog waste pits within five years. The cesspools are still used on hundreds of farms raising Smithfield's hogs.
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Iran goes to UN's highest court over re-imposed US sanctions
Headline Legal News |
2018/08/29 00:03
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Iran went to the United Nations' highest court Monday in a bid to have U.S. sanctions lifted following President Donald Trump's decision earlier this year to re-impose them, calling the move "naked economic aggression."
Iran filed the case with the International Court of Justice in July, claiming that sanctions the Trump administration imposed on May 8 breach a 1955 bilateral agreement known as the Treaty of Amity that regulates economic and consular ties between the two countries.
At hearings that started Monday at the court's headquarters in The Hague, Tehran asked judges at the world court to urgently suspend the sanctions to protect Iranian interests while the case challenging their legality is being heard — a process that can take years.
In a written statement, U.S. Secretary of State Mike Pompeo called the legal move an attempt by Tehran "to interfere with the sovereign rights of the United States to take lawful actions, including re-imposition of sanctions, which are necessary to protect our national security."
Trump said in May that he would pull the United States out of a 2015 agreement over Iran's nuclear program and would re-impose sanctions on Tehran. Washington also threatened other countries with sanctions if they don't cut off Iranian oil imports by early November.
Trump said in May that he would pull the United States out of a 2015 agreement over Iran's nuclear program and would re-impose sanctions on Tehran. Washington also threatened other countries with sanctions if they don't cut off Iranian oil imports by early November.
Iranian representative Mohsen Mohebi told the court the U.S. decision was a clear breach of the 1955 treaty as it was "intended to damage, as severely as possible, Iran's economy."
Iran's 2015 nuclear deal imposed restrictions on the Islamic Republic's nuclear program in return for the lifting of most U.S. and international sanctions against Tehran.
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German court mulls jail for some over Munich air pollution
Court Watch |
2018/08/27 20:04
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A German newspaper reports that judges are considering jailing senior Bavarian officials for failing to take action against air pollution in Munich, home to automaker BMW.
Daily Sueddeutsche Zeitung reported Monday that the southern German state's administrative court believes jailing officials may be the most effective way of forcing the Bavarian government to enforce emissions-cutting measures.
Munich topped the ranks of 65 German cities that exceeded levels of harmful particles last year. Bavarian officials have refused to impose measures in the state capital — such as limited bans on driving diesel vehicles — despite heavy fines.
According to the report, Bavarian judges want to seek legal guidance from the European Court of Justice on whether jailing officials — including state Environment Minister Marcel Huber and Governor Markus Soeder — would be permissible. |
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