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Supreme Court stays execution of Alabama inmate
Legal Interview | 2016/11/18 10:14
The U.S. Supreme Court on Thursday night stayed the execution of an Alabama man convicted of the 1982 shooting death of a woman's husband in a murder-for-hire arrangement.

Five justices voted to stay the execution of Tommy Arthur as the high court considers whether to take up his challenge to Alabama's death penalty procedure. Arthur, 74, was scheduled to be executed Thursday by lethal injection at a south Alabama prison.

"We are greatly relieved by the Supreme Court's decision granting a stay and now hope for the opportunity to present the merits of Mr. Arthur's claims to the Court," Arthur's attorney Suhana Han said in a statement.

This is the seventh time that Arthur, who has waged a lengthy legal battle over his conviction and the constitutionality of the death penalty, has received a reprieve from an execution date, a track record that has frustrated the state attorney general's office and victims' advocacy groups.

Chief Justice John Roberts wrote Thursday that he did not think the case merited a stay, but voted to grant it as a courtesy to the four justices who wanted to "more fully consider the suitability of this case for review." The execution stay will expire if the court does not take up Arthur's case.

The attorney general's office had unsuccessfully urged the court to let the execution go forward and expressed disappointment at the decision.



Supreme Court won't hear challenge to FBI fitness test
Legal Interview | 2016/11/01 15:11
The Supreme Court won't hear a dispute over whether a physical fitness test for FBI special agents is biased against men.

The justices on Monday turned down an appeal from an Illinois man who failed the test after completing 29 out of 30 untimed pushups.

Jay Bauer said it's unfair that female trainees have to do only 14 pushups as part of the fitness test that includes situps, a 300-meter sprint and 1.5-mile run.

A federal judge ruled that the test discriminates on the basis of sex. But a federal appeals court sided with the FBI, saying it used "gender-normed" standards that require the same level of fitness for all trainees.


Court hearing on potential Ontario ban of Indians name, logo
Legal Interview | 2016/10/16 20:16
A Toronto court will hear arguments on an attempt to bar the Cleveland Indians from using their team name and logo in Ontario.

The legal challenge by indigenous activist Douglas Cardinal comes on the same day the baseball team takes on the Toronto Blue Jays in Game 3 of the American League Championship Series in Toronto.

Cardinal's lawyers will ask the court Monday to bar the usage of the name and logo by the team, Major League Baseball and Toronto team owner Rogers Communications, which is broadcasting the game in Canada.

The logo, called Chief Wahoo, is a cartoon man with red skin and a feather in his headband.

Cardinal says they shouldn't be allowed to wear their regular jerseys, the logo shouldn't be broadcast and the team should be referred to as "the Cleveland team."


Rights group criticizes Polish law of weakening top court
Legal Interview | 2016/10/14 11:42
An international human rights body on Friday criticized recently enacted legislation in Poland regulating the nation's top legislative court, saying the law "gives excessive power to parliament and the executive over the judiciary."

The Venice Commission, a group of constitutional law experts with the Council of Europe, the continent's top human rights watchdog, issued its opinion during a meeting in Venice, Italy.

The Polish government refused to send representatives to the meeting, accusing the commisison of political bias and of refusing to take Warsaw's position into account.

It is the latest development in a long-running crisis in Poland surrounding the Constitutional Tribunal, which is charged with evaluating the constitutionality of disputed legislation. The court therefore plays a key role in Poland's system of democratic checks and balances.

The European Union, United States and many Poles also have expressed concerns about the Polish government's attempts to change how the court works. The changes have effectively weakened the court's ability to strike down disputed new laws governing other matters, including police surveillance and government control of public media.


Iraq's federal court rules against prime minister's reforms
Legal Interview | 2016/10/12 22:09
Iraq's federal court ruled on Monday that Prime Minister Haider al-Abadi's move to abolish the largely ceremonial posts of the country's vice president and deputy prime minister is unconstitutional.

Under Iraq's constitution, abolishing the posts would require the approval of an absolute majority in parliament followed by a national referendum, the court said in a statement.

The decision, which is binding for the Iraqi government, was a slap for al-Abadi, who canceled the posts last year as part of a wide-ranging reform plan that was approved by his Cabinet and passed by Parliament. It was intended to shore up public support for his government in the face of widespread protests.

The cancellations were also an apparent attempt to consolidate power under al-Abadi's government in order to combat corruption and tackle the country's ballooning budget crisis, sparked in part because of a plunge in the price of oil over the past two years, government spokesman Saad al-Hadithi said.

"The return of the (vice president and the deputy prime minister) will affect the expenses of the state," al-Hadithi said.

The decision underscores the government's enduring weakness as Iraqi forces prepare to retake the city of Mosul from the Islamic State group. While the U.S.-led coalition has closely supported Iraq's security forces in the military fight against IS, coalition officials say the Iraqi government is responsible for enacting political reforms that will prevent IS from growing in power in Iraq once again.



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