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Indian court rules in favor of Hindu temple on disputed land
Court Watch |
2019/11/09 18:04
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India's Supreme Court on Saturday ruled in favor of a Hindu temple on a disputed religious ground in the country's north and ordered that alternative land be given to Muslims to build a mosque ? a verdict in a highly contentious case that was immediately deplored by a key Muslim body.
The dispute over land ownership has been one of India's most heated issues, with Hindu nationalists demanding a temple on the site in the town of Ayodhya in Uttar Pradesh state for more than a century. The 16th century Babri Masjid mosque was destroyed by Hindu hard-liners in December 1992, sparking massive Hindu-Muslim violence that left some 2,000 people dead.
Saturday's verdict paves the way for building the temple in place of the demolished mosque. As the news broke, groups of jubilant Hindus poured into Ayodhya's streets and distributed sweets to celebrate the verdict, but police soon persuaded them to return to their homes. As night fell, a large number of Hindus in the town lit candles, lamps and firecrackers to celebrate, and police faced a tougher time in curbing their enthusiasm.
The five Supreme Court justices who heard the case said in a unanimous judgment that 5 acres (2 hectares) of land will be allotted to the Muslim community to build a mosque, though it did not specify where. The court said the 5 acres is "restitution for the unlawful destruction of the mosque."
The disputed land, meanwhile, will be given to a board of trustees for the construction of a temple to the Hindu god Ram. |
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Georgia high court affirms dismissal of election challenge
Court Watch |
2019/11/01 20:34
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Georgia's highest court on Thursday affirmed a lower court dismissal of a lawsuit challenging the outcome of last year's race for lieutenant governor in a case that put a spotlight on the outdated voting machines the state is in the process of replacing.
The lawsuit alleged that an undercount of tens of thousands of votes in the lieutenant governor's race was likely caused by problems with the state's paperless touchscreen voting machines that either caused voters not to vote in that race or those votes to go uncounted.
That assertion is "wholly unsupported" by the record in the case, so the trial court wasn't wrong to conclude that the plaintiffs "failed to meet their burden of showing an irregularity in Georgia's electronic voting system sufficient to cast doubt on the 2018 election," Georgia Supreme Court Justice Sarah Warren wrote in the unanimous opinion.
Republican Geoff Duncan beat Democrat Sarah Riggs Amico by 123,172 votes to become lieutenant governor. Amico is not a party to the lawsuit, which was filed in November by the Coalition for Good Governance, an election integrity advocacy organization; Smythe Duval, who ran for secretary of state as a Libertarian; and two Georgia voters. It was filed against Duncan and election officials.
Senior Superior Court Judge Adele Grubbs dismissed the lawsuit in January. In their appeal to the high court, the plaintiffs argued that Grubbs erred by not allowing discovery prior to trial.
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Supreme Court takes up case over quick deportations
Court Watch |
2019/10/17 14:00
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The Supreme Court will review a lower court ruling in favor of a man seeking asylum and which the Trump administration says could further clog the U.S. immigration court system.
The justices said Friday they will hear the administration's appeal of a ruling by the federal appeals court in San Francisco that blocked the quick deportation of a man from Sri Lanka.
The high court's decision should come by early summer in the middle of the presidential campaign. It could have major implications for those seeking asylum and administration efforts to speed up deportations for many who enter the U.S. and claim they'll be harmed if they are sent home.
The court's intervention comes in the case of Vijayakumar Thuraissigiam. He is a member of the Tamil ethnic minority who says he was jailed and tortured for political activity during the civil war between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam.
He fled the country in 2016, after he was tortured again by intelligence officers, he said in court papers. He crossed the U.S.-Mexico border on Feb. 17, 2017 where he was arrested by a Border Patrol agent 25 yards into the U.S.
He requested asylum. But he did not pass his initial screening, a "credible fear" interview where he had to show a well-founded fear of persecution, torture or death if he were to return to his home country. Nearly 90 percent of all asylum seekers pass their initial interview, and then are generally released into the country where they await court proceedings.
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Alaska Supreme Court hears youth climate change lawsuit
Court Watch |
2019/10/13 20:00
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An Alaska law promoting fossil fuel development infringes on the constitutional rights of young residents to a healthy environment, a lawyer told Alaska Supreme Court justices on Wednesday.
A lawsuit filed by 16 Alaska youths claimed long-term effects of climate change will devastate the country’s northernmost state and interfere with their constitutional rights to life, liberty and public trust resources that sustain them.
The state’s legislative and executive branches have not taken steps to lower greenhouse gas emissions and adopted a policy that promotes putting more in the air, said attorney Andrew Welle of the Oregon-based Our Children’s Trust group.
“This is an issue that is squarely within the court’s authority,” Welle said.
Assistant Attorney General Anna Jay urged justices to affirm a lower court ruling rejecting the claims. Ultimately, the climate change issues raised by Alaska youth must be addressed by the political branches of government, she said.
“The court does not have the tools to engage in the type of legislative policy making endeavor required to formulate a broad state approach to greenhouse gas emissions,” she said.
The 16 youths sued in 2017 and claimed damages by greenhouse gas emissions are causing widespread damage in Alaska. The lawsuit said the state has experienced dangerously high temperatures, changed rain and snow patterns, rising seas, storm surge flooding, thawed permafrost, coastal erosion, violent storms and increased wildfires. |
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Alaska Supreme Court to Hear Youths’ Climate Change Lawsuit
Court Watch |
2019/10/09 11:16
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The Alaska Supreme Court will hear arguments in a lawsuit that claims state policy on fossil fuels is harming the constitutional right of young Alaskans to a safe climate.
Sixteen Alaska youths in 2017 sued the state, claiming that human-caused greenhouse gas emission leading to climate change is creating long-term, dangerous health effects.
The lawsuit takes aim at a state statute that says it’s the policy of Alaska to promote fossil fuels, said Andrew Welle of Oregon-based Our Children’s Trust, a nonprofit organization dedicated to protecting natural systems for present and future generations.
“The state has enacted a policy of promoting fossil fuels and implemented it in a way that is resulting in substantial greenhouse gas emissions in Alaska,” Welle said in a phone interview. “They’re harming these young kids.”
A central question in the lawsuit, as in previous federal and state lawsuits, is the role of courts in shaping climate policy. |
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