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Judge criticized by abortion foes named to top Kansas court
Court Watch | 2019/12/16 09:11
Kansas' Democratic governor on Monday named a veteran trial-court judge who is opposed by the state's most influential anti-abortion group to the state Supreme Court ? an appointment that's likely to further stoke conservatives' efforts to change how such positions are filled.

Gov. Laura Kelly's selection of Shawnee County District Judge Evelyn Wilson comes with many Republican lawmakers already seeking to give the GOP-controlled Legislature power it doesn't have now to block appointments to the state's high court. Abortion opponents also are pushing for a change in the state constitution that would overturn the court's April ruling that protected abortion rights.

Kelly passed over two veteran lawyers working for Republican state Attorney General Derek Schmidt. Kansans for Life, an anti-abortion group long influential in GOP politics, opposed Wilson's appointment because of her husband's past political contributions to Kelly and other abortion-rights candidates.

“It’s my sense that Judge Wilson is more than qualified to fill this role,” Kelly told reporters during a Statehouse news conference. “Ideology was not really part of the conversation with any of the nominees. "

Kansans for Life said Wilson's selection shows the need to overturn the high court's abortion-rights ruling to protect "women and their babies." Lobbyist Jeanne Gawdun said the group is not surprised that Kelly would make an appointment to further her "vision for unlimited abortion.”

Wilson has not ruled on major abortion cases and declined to comment on the court's abortion-rights ruling declaring that access to abortion is a “fundamental” right under the Kansas Constitution. She will replace former Justice Lee Johnson, who retired in September and was a member of the 6-1 majority in that case.


Kansas Supreme Court getting new member, new chief justice
Court Watch | 2019/12/14 13:37
The Kansas Supreme Court will have a new member and a new chief justice next week.

Democratic Gov. Laura Kelly plans to have a Monday morning news conference to name a replacement for former Justice Lee Johnson, who retired in September.

And Justice Marla Luckert is set to become the state court system's top official Tuesday when current Chief Justice Lawton Nuss retires.

Kelly's appointment Monday will be her first to the seven-member court, and she'll fill a second spot by mid-March because of Nuss' retirement.

The finalists for Kelly's first appointment are Shawnee County District Judge Evelyn Wilson, state Assistant Solicitor General Steven Obermeier and Deputy Kansas Attorney General Dennis Depew.

Johnson left the court after 12 1/2 years. Nuss is stepping down after serving on the court since 2002 and as chief justice since 2010.

Luckert is Nuss' replacement as chief justice because she's the next justice on the seven-member court with the most seniority.


Justices to take up dispute over subpoenas for Trump records
Court Watch | 2019/12/10 13:38
The Supreme Court said Friday it will hear President Donald Trump’s pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.

Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump’s tax returns as part of an ongoing criminal investigation.

The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it’s almost certain the court won’t hear the cases until after a Senate trial over whether to remove Trump has ended.

Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.

In three separate cases, he has so far lost at every step, but the records have not been turned over pending a final court ruling. Now it will be up to a court that includes two Trump appointees, Justices Neil Gorsuch and Brett Kavanaugh, to decide in a case with significant implications reagrding a president’s power to refuse a formal request from Congress.


Brazil court delivers setback to ex-leader da Silva
Court Watch | 2019/12/01 20:47
A court on Wednesday upheld a corruption conviction against former Brazilian President Luiz Inacio Lula da Silva, who was released from prison earlier this month.

A three-judge panel in Porto Alegre also ruled that da Silva’s prison sentence should be raised by four years to 17 years.

Da Silva remains free for now. He was released Nov. 8 after 19 months in jail when the Supreme Court ruled a person can be imprisoned only after all appeals have been exhausted.

Da Silva, who governed Brazil from 2003 to 2010, denies wrongdoing and says corruption cases against him are politically motivated.

The judges in Porto Alegre were ruling on a case in which da Silva allegedly benefited from upgrades that the Odebrecht and OAS firms made to a Sao Paulo farm.


Indian court rules in favor of Hindu temple on disputed land
Court Watch | 2019/11/09 18:04
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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