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State appeals court reinstates California's right-to-die law
Court News |
2018/06/17 12:05
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A state appeals court has reinstated — at least for now — California's law allowing terminally ill people to end their lives.
The Fourth District Court of Appeals in Riverside issued an immediate stay Friday putting the End of Life Option back into effect. The court also gave opponents of its decision until July 2 to file objections.
The law allows adults to obtain a prescription for life-ending drugs if a doctor has determined that they have six months or less to live.
Riverside County Superior Court Judge Daniel Ottolia declared the law unconstitutional last month, stating that it had been adopted illegally because lawmakers passed it during a special Legislative session called to address other matters.
Ottolia didn't address the issue of whether it's proper for people to end their lives. Right-to-die advocates hailed Friday's action.
"This stay is a huge win for many terminally ill Californians with six months or less to live because it could take years for the courts to resolve this case," Kevin Díaz, national director of legal advocacy for Compassion & Choices, said in a statement.
"Thankfully, this ruling settles the issue for the time being, but we know we have a long fight ahead before we prevail."
California Attorney General Xavier Becerra, who had asked the appeals court to stay Ottolia's ruling, also praised the decision.
"This ruling provides some relief to California patients, their families, and doctors who have been living in uncertainty while facing difficult health decisions," Becerra said. "Today's court ruling is an important step to protect and defend the End of Life Option Act for our families across the state."
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Kansas Supreme Court sends DNA request back to lower court
Court News |
2018/06/08 12:02
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The Kansas Supreme Court has remanded a convicted man's request for DNA testing back to Leavenworth County District Court for further review.
The court on Friday reversed earlier rulings by a district judge and the Kansas Court of Appeals that denied the request from 39-year-old Gregory Mark George Jr., who is serving time for rape, aggravated robbery and aggravated intimidation of a witness.
The Leavenworth Times reports George was convicted of raping a clerk during a robbery at a Lansing convenience store in 2004.
In 2013, George filed a petition for DNA testing of hairs that were collected as part of his case but were never tested.
The state Supreme Court ruling asks a district judge to determine whether the requested testing might produce evidence that could help exonerate George. |
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UK Supreme Court criticizes Northern Ireland abortion laws
Court News |
2018/06/07 10:53
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A majority of the court decided that the Northern Ireland Human Rights Commission, which initiated the case, did not have the standing to bring the challenge to the abortion law. The court dismissed the case without taking action.
The justices went on to say, however, that a majority finds Northern Ireland's abortion prohibitions "disproportionate" and that they violate European human rights laws.
That part of the ruling gave hope to abortion rights activists seeking to liberalize Northern Ireland's laws. Strict Northern Ireland laws that prohibit abortions in cases of pregnancy as a result of incest or rape, and in cases when the fetus has a likely fatal abnormality, have drawn scrutiny since the Republic of Ireland voted overwhelmingly in May to repeal its own strict laws.
When Ireland replaces the constitutional ban with more liberal legislation after a debate in parliament, Northern Ireland will be the only remaining region in Britain and Ireland to outlaw the procedure.
Rosa Curling, from the law firm Leigh Day that helped bring the legal challenge, called the court's ruling "a momentous day for women in Northern Ireland" and said it is now up to British Prime Minister Theresa May to take action to ease the laws.
She said May has an obligation to make sure the U.K. government is "now longer acting unlawfully by breaching the human rights of women across Northern Ireland."
However, the fact that the Supreme Court dismissed the case because of doubts about the Human Rights Commission's right to bring it means the judges' views on the anti-abortion laws do not have legal force, which is reassuring for abortion foes.
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Suspect in vandalism to Jewish boundary heads to court
Court News |
2018/06/02 10:56
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A Massachusetts man charged with vandalizing the boundaries of a symbolic Jewish household known as an eruv is heading to court.
Police say 28-year-old Yerachmiel Taube, of Sharon, is scheduled to be arraigned Monday on charges including malicious destruction of property and destruction to a religious organization.
Taube was arrested Saturday in connection with the vandalism in Sharon that has been going on for several weeks.
The eruv is a series of poles and string that mark the boundaries of the Orthodox Jewish community's "household" in which they can carry certain items on the Sabbath.
Taube was held in custody over the weekend. It was not clear if he has a lawyer.
The Sharon eruv has been in the community since 1990 and is maintained by 40 volunteers. |
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Trump travel ban is focus of Supreme Court's last arguments
Court News |
2018/04/25 10:19
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President Donald Trump's ban on travelers from several mostly Muslim countries is the topic of arguments Wednesday at the Supreme Court, with a Trump administration lawyer facing questions during the first half of arguments.
The travel ban case is the last case the justices will hear until October.
A little over 20 minutes into arguments, Justice Anthony Kennedy asked Solicitor General Noel Francisco, who was defending the ban, whether statements Trump made during the presidential campaign should be considered in evaluating the administration's ban. Francisco told the justices that they shouldn't look at Trump's campaign statements, which included a pledge to shut down Muslim entry into the U.S.
But Kennedy, whose vote is pivotal in cases that divide the court along ideological lines and whose vote the administration will almost certainly need to win, pressed Francisco on that point. Speaking of a hypothetical "local candidate," he asked if what was said during the candidate's campaign was irrelevant if on "day two" of his administration the candidate acted on those statements.
The Trump administration is asking the court to reverse lower court rulings striking down the ban. The policy has been fully in effect since December, but this is the first time the justices are considering whether it violates immigration law or the Constitution.
The court will consider whether the president can indefinitely keep people out of the country based on nationality. It will also look at whether the policy is aimed at excluding Muslims from the United States.
People have been waiting in line for a seat for days, and on Wednesday morning opponents of the ban demonstrated outside the court holding signs that read "No Muslim Ban. Ever." and "Refugees Welcome," among other things. In another sign of heightened public interest, the court is taking the rare step of making an audio recording of the proceedings available just hours after the arguments end. The last time the court did that was the gay marriage arguments in 2015.
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