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Senate GOP plans vote on Trump’s court pick before election
Legal Interview | 2020/09/23 10:12
Votes in hand, Senate Republicans are charging ahead with plans to confirm President Donald Trump’s pick to fill the late Justice Ruth Bader Ginsburg’s  Supreme Court seat before the Nov. 3 election, launching a divisive fight over Democratic objections before a nominee is even announced.

Trump said Tuesday he will name his choice Saturday, confident of support. Democrats say it’s too close to the election, and the winner of the presidency should name the new justice. But under GOP planning, the Senate could vote Oct. 29.

“I guess we have all the votes we’re going to need,” Trump told WJBX FOX 2 in Detroit. “I think it’s going to happen.”

Republicans believe the court fight will energize voters for Trump, boosting the party and potentially deflating Democrats who cannot stop the lifetime appointment for a conservative justice . The Senate is controlled by Republicans, 53-47, with a simple majority needed for confirmation. The one remaining possible Republican holdout, Mitt Romney of Utah, said Tuesday he supports taking a vote.

Still, with early presidential voting already underway in several states, all sides are girding for a wrenching Senate battle over health care, abortion access and other big cases before the court and sure to further split the torn nation.

It is one of the quickest confirmation efforts in recent times. No court nominee in U.S. history has been considered so close to a presidential election. And it all comes as the nation is marking the grave milestone of 200,000 deaths from the coronavirus pandemic.

During a private lunch meeting Tuesday at Senate GOP campaign headquarters, several Republican senators spoke up in favor of voting before the election. None advocated a delay.

Elsewhere, as tributes poured in for Ginsburg with vigils and flowers at the court’s steps, Democrats led by presidential nominee Joe Biden vowed a tough fight. The Senate Democratic leader, Chuck Schumer, said “we should honor her dying wish,” which was that her seat not be filled until the man who wins the presidential election is installed, in January.

But that seemed no longer an option. So far, two Republicans have said they oppose taking up a nomination at this time, but no others are in sight. Under Senate rules, Vice President Mike Pence could break a tie vote.


High court front-runner hailed by right, feared by left
Headline Legal News | 2020/09/21 10:13
A front-runner to fill the Supreme Court seat vacated by the death of Justice Ruth Bader Ginsburg is a federal appellate judge who has established herself as a reliable conservative on hot-button legal issues from abortion to gun control.

Amy Coney Barrett, a devout Catholic, is hailed by religious conservatives and others on the right as an ideological heir to conservative icon Antonin Scalia, the late Supreme Court justice for whom she clerked.

Liberals say Barrett’s legal views are too heavily influenced by her religious beliefs and fear her ascent to the nation’s highest court could lead to a scaling back of hard-fought abortion rights. She also would replace the justice who is best-known for fighting for women’s rights and equality.

President Donald Trump  has said he’ll nominate a woman and Barrett is thought to be at the top of his list of favorites. The Chicago-based 7th U.S. Circuit Court of Appeals judge was considered a finalist in 2018 for Trump’s second nomination to the high court, which eventually went to Brett Kavanaugh after Justice Anthony Kennedy retired. Barrett’s selection now could help Trump energize his base weeks before Election Day.

At just 48, Barrett would be the youngest justice and her tenure could last for decades. She’s made her mark in law primarily as an academic at the University of Notre Dame, where she began teaching at age 30. She first donned judges’ robes in 2017 after Trump nominated her to the 7th Circuit.

But she wouldn’t be the only justice with little prior experience as a judge: John Roberts and Clarence Thomas spent less time as appellate judges before their Supreme Court nominations and Elena Kagan had never been a judge before President Barack Obama nominated her in 2009.

Barrett mentioned Kagan when asked in a White House questionnaire in 2017 about which justices she admired most, saying Kagan brought to the bench “the knowledge and skill she acquired as an academic to the practical resolution of disputes.”

When Barrett’s name first arose in 2018 as a possible Trump pick, even some conservatives worried her sparse judicial record made it too hard to predict how she might rule. Nearly three years on, her judicial record now includes the authorship of around 100 opinions and several telling dissents in which Barrett displayed her clear and consistent conservative bent.

She has long expressed sympathy with a mode of interpreting the Constitution, called originalism, in which justices try to decipher original meanings of texts in assessing if someone’s rights have been violated. Many liberals oppose that strict approach, saying it is too rigid and doesn’t allow the Constitution to change with the times.



Supreme Court Justice Ruth Bader Ginsburg dies at 87
Topics in Legal News | 2020/09/19 11:19
Supreme Court Justice Ruth Bader Ginsburg, a towering women’s rights champion who became the court’s second female justice, died Friday at her home in Washington. She was 87.

Ginsburg died of complications from metastatic pancreatic cancer, the court said.

Her death just over six weeks before Election Day is likely to set off a heated battle over whether President Donald Trump should nominate, and the Republican-led Senate should confirm, her replacement, or if the seat should remain vacant until the outcome of his race against Democrat Joe Biden is known. Majority Leader Mitch McConnell said late Friday that the Senate will vote on Trump’s pick to replace Ginsburg, even though it’s an election year.

Trump called Ginsburg an “amazing woman” and did not mention filling her vacant Supreme Court seat when he spoke to reporters following a rally in Bemidji, Minnesota.

Biden said the winner of the November election should choose Ginsburg’s replacement. “There is no doubt — let me be clear — that the voters should pick the president and the president should pick the justice for the Senate to consider,” Biden told reporters after returning to his hometown of Wilmington, Delaware, from campaign stops in Minnesota.

Chief Justice John Roberts mourned Ginsburg’s passing. “Our Nation has lost a jurist of historic stature. We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her — a tireless and resolute champion of justice,” Roberts said in a statement.

Ginsburg announced in July that she was undergoing chemotherapy treatment for lesions on her liver, the latest of her several battles with cancer.

Ginsburg spent her final years on the bench as the unquestioned leader of the court’s liberal wing and became something of a rock star to her admirer s. Young women especially seemed to embrace the court’s Jewish grandmother, affectionately calling her the Notorious RBG, for her defense of the rights of women and minorities, and the strength and resilience she displayed in the face of personal loss and health crises.


Flowers, homemade signs by high court in Ginsburg tribute
Legal Interview | 2020/09/17 11:20
Mourners dropped off bouquets and gathered outside the Supreme Court early Saturday in quiet tribute to the late Justice Ruth Bader Ginsburg. Homemade cardboard signs and a collection of flowers blanketed the court's grounds.

Hours earlier, hundreds of people had turned out after hearing of Ginsburg's death. They wept and sang in a candlelight vigil, packing the high court’s steps in a spontaneous memorial.

Scores of candles flickered in the nighttime wind as people knelt to leave flowers, American flags and handwritten condolence messages for Ginsburg, who died of metastatic pancreatic cancer at age 87 after 27 years on the court. Prayer candles with Ginsburg’s photo on them were also left on the steps.

Several times, dozens in the crowd broke out into song, singing “Amazing Grace” and “This Land is Your Land” as others embraced one another and wiped tears from their eyes. At one point, the crowd broke into a thunderous applause — lasting for about a minute — for Ginsburg.

“Thank you RBG,” one sign read. On the sidewalk, “RBG” was drawn inside a pink chalk heart. Jennifer Berger, 37, said she felt compelled to join the large crowd that gathered to pay tribute to Ginsburg’s life.

“I think it is important for us to recognize such a trailblazer,” she said. “It is amazing to see how many people are feeling this loss tonight and saying goodbye.”

Ginsburg spent her final years on the bench as the unquestioned leader of the court’s liberal wing and became something of a rock star to her admirers. Young women especially seemed to embrace the court’s Jewish grandmother, affectionately calling her the Notorious RBG, for her defense of the rights of women and minorities.

The memorial service remained mostly peaceful and somber, but turned tense for several minutes after a man with a megaphone approached people in the crowd and began to chant that “Roe v. Wade is dead,” a refence to the landmark Supreme Court ruling establishing abortion rights nationwide.

A large group confronted the man, leading to a brief shouting match. Many in the crowd began yelling “RBG” to try to drown out the man’s voice as he continued to say Republicans would push to quickly appoint a conservative justice to the court. Supreme Court police officers stood alongside the crowd and the man eventually left the area.


'Hotel Rwanda' hero charged with terrorism in Rwanda court
Legal Interview | 2020/09/16 08:31
A Rwandan court on Monday charged Paul Rusesabagina, whose story inspired the film “Hotel Rwanda,” with terrorism, complicity in murder, and forming an armed rebel group.

Rusesabagina declined to respond to all 13 charges, saying some did not qualify as criminal offenses and saying that he denied the accusations when he was questioned by Rwandan investigators.

Rusesabagina, 66, asked to be released on bail, citing poor health that has caused him to be taken to hospital three times in the time that he has been held in Rwanda.

“I request that I am given bail and I assure the court that I will not flee from justice,” Rusesabagina said. The court said it will rule on his bail application on Thursday.

Rusesabagina was represented by Rwandan lawyers David Rugaza and Ameline Nyembo, who have been discounted as state-imposed representation by his family outside Rwanda.

Neither his lawyers nor the prosecution explained the circumstances under which Rusesabagina arrived in Kigali at the end of August from Dubai. He had traveled from the U.S. to Dubai and then mysteriously appeared in Rwanda. The Rwandan court said the suspect was arrested at Kigali International Airport, contradicting the earlier police version that he was arrested through “international cooperation.”

When Rwandan President Paul Kagame spoke on national broadcasting about the case, he indicated that Rusesabagina may have been tricked i nto boarding a private plane in Dubai that took him to Rwanda.

Amnesty International on Monday urged Rwandan authorities to guarantee Rusesabagina his right to a fair trial.


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