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Supreme Court tosses $315 million award in USS Cole lawsuit
Court News |
2019/03/23 17:11
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The Supreme Court on Tuesday threw out a nearly $315 million judgment against Sudan stemming from the USS Cole bombing, saying Sudan hadn't properly been notified of the lawsuit.
The justices ruled 8-1 that notice of the lawsuit should have been mailed to Sudan's foreign ministry in the country's capital, Khartoum. The notice was instead mailed to Sudan's embassy in Washington.
The lawsuit in which the justices ruled involves sailors who were injured in the 2000 bombing of the Cole in Yemen. Sailors and their spouses sued Sudan in a U.S. court, arguing that Sudan had provided support to al-Qaida, which claimed responsibility for the Cole attack. Seventeen sailors died when the ship was struck by a bomb-laden boat. Dozens of others were injured.
In order to alert Sudan to the lawsuit, the group mailed the required notice to Sudan's embassy in Washington. Sudan didn't initially respond to the lawsuit in court, and a judge entered an approximately $315 million judgment against the country. Sudan then tried to get the judgment thrown out.
Sudan and the sailors who were suing disagreed about the requirements of a 1976 law, the Foreign Sovereign Immunities Act. The statute lays out how to properly notify another country of a lawsuit filed in a U.S. court. If other agreements between the countries don't exist, the law says that notice should be "addressed and dispatched ... to the head of the ministry of foreign affairs of the foreign state concerned."
Lawyers for Sudan and for the U.S. government had argued that the best reading of that phrase is that it requires the notice to be sent to the foreign minister in the foreign country. The Supreme Court agreed. |
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Veterans court may be collateral damage in immigration fight
Court News |
2019/03/16 16:22
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Three decades ago, Lori Ann Bourgeois was guarding fighter jets at an air base. After her discharge, she fell into drug addiction. She wound up living on the streets and was arrested for possession of methamphetamine.
But on a recent day, the former Air Force Security Police member walked into a Veterans Treatment Court after completing a 90-day residential drug treatment program. Two dozen fellow vets sitting on the courtroom benches applauded. A judge handed Bourgeois a special coin marking the occasion, inscribed with the words “Change Attitude, Change Thinking, Change Behavior.”
The program Bourgeois credits for pulling her out of the “black hole” of homelessness is among more than three dozen Oregon specialty courts caught in a standoff between the state and federal government over immigration enforcement.
The Trump administration in 2017 threatened to withhold law enforcement grants from 29 cities, counties or states it viewed as having “sanctuary” policies that limit cooperation with federal immigration agents. Today, all those jurisdictions have received or been cleared to get the money, except Oregon, which is battling for the funds in federal court.
The Veterans Treatment Court in Eugene and 40 other specialty courts, including mental health and civilian drug programs, risk losing all or part of their budgets, said Michael Schmidt, executive director of Oregon’s Criminal Justice Commission, which administers the money.
The commission has managed to keep the courts funded through July, Schmidt said. Unless the Trump administration relents or is forced by court order to deliver the money, or the Oregon Legislature comes up with it, the commission must make “horrible, tough decisions” about where to make the cuts, Schmidt said.
Speaking in her small office in the Eugene courthouse, specialty courts coordinator Danielle Hanson said if the veterans court budget is cut, the vets would have to start paying for drug treatment, and they would be deprived of housing resources and travel funds to go to residential treatment facilities as far as 330 miles (530 kilometers) away. Some veterans might even be turned away. |
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High court deciding fate of cross-shaped Maryland memorial
Court News |
2019/02/24 23:32
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The Supreme Court this week is hearing a case challenging the location of a nearly 100-year-old, cross-shaped Maryland war memorial.
Three area residents and the District of Columbia-based American Humanist Association argue the cross' location on public land violates the First Amendment's establishment clause. The clause prohibits the government from favoring one religion over others. They argue the cross should be moved to private property or modified into a slab or obelisk.
The cross' supporters say it doesn't violate the Constitution because it has a secular purpose and meaning: commemorating World War I veterans. The cross' base lists the names of 49 area residents who died in the war.
The American Legion and Maryland officials are defending the cross. They have the support of the Trump administration and 30 states.
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Liberals eye 2020 takeover of Wisconsin Supreme Court
Court News |
2019/02/11 13:39
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Wisconsin liberals hope to take a key step this spring toward breaking a long conservative stranglehold on the state's Supreme Court, in an election that could also serve as a barometer of the political mood in a key presidential swing state.
If the liberal-backed candidate wins the April 2 state Supreme Court race, liberals would be in prime position to take over the court when the next seat comes up in 2020 — during a presidential primary when Democrats expect to benefit from strong turnout.
The bitterly partisan court, which conservatives have controlled since 2008, has upheld several polarizing Republican-backed laws, none more so than former GOP Gov. Scott Walker's law that essentially eliminated collective bargaining for public workers.
If liberals can win in April and again in 2020, they would have the majority until at least 2025.
"It is absolutely critical we win this race," liberal attorney Tim Burns, who lost a Wisconsin Supreme Court race in 2018, said of the April election. "It does set us up for next year to get a court that's likely to look very differently on issues of the day like voters' rights and gerrymandering."
The court could face big decisions on several partisan issues in the coming years, including on the next round of redistricting that follows the 2020 Census, lawsuits challenging the massive Foxconn Technology Group project backed by President Donald Trump, and attempts to undo laws that Republicans passed during a recent lame-duck session to weaken the incoming Democratic governor before he took office.
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Russian court sends Jehovah’s Witness to prison for 6 years
Court News |
2019/02/08 13:40
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A regional court in western Russia on Wednesday sentenced a Danish Jehovah’s Witness to six years in prison, in arguably the most severe crackdown on religious freedom in Russia in recent years.
The court in Oryol found Dennis Christensen guilty of extremism, making him the first Jehovah’s Witness in Russia to be sent to prison.
Christensen was detained during a police raid on a local prayer meeting he was leading in May 2017.
“I do not agree with this judgment, it’s a big mistake,” Christensen told reporters after the sentencing in the city of Oryol. His wife Irina Christensen added: “I’m really sad that such a thing is happening in Russia, very sad. The same thing could happen to any of us.”
The verdict was met with consternation around the world including from the U.S. Embassy, which expressed its concern and urged Russia to respect individual’s religious freedom.
Russia in recent years has used its vaguely worded extremism laws to go after dissenters, opposition activists and most recently religious minorities. Russia officially banned the Jehovah’s Witnesses in 2017 and declared the religious group an extremist organization.
Nearly 100 members of the group face charges in Russia, and more than 20 of them are in jail awaiting trial. Before the ban, the world headquarters of the Jehovah’s Witnesses claimed about 170,000 adherents in Russia. |
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