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  Legal Spotlight - Legal News

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  Legal Spotlight  -   POSTED: 2017/01/02 14:52

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A federal appeals court will decide whether Kansas has the right to ask people who register to vote when they get their driver's licenses for proof that they're citizens, a decision which could affect whether thousands have their ballots counted in November's election.

Three judges from the 10th Circuit Court of Appeals heard arguments in the case Tuesday from Kansas Secretary of State Kris Kobach and the American Civil Liberties Union but didn't indicate how soon they could rule.

Kansas wants the court to overturn a ruling by a federal judge in May that temporarily blocked the state from disenfranchising people who registered at motor vehicle offices but didn't provide documents such as birth certificates or naturalization papers. That was about 18,000 people at the time. If the order is allowed to stand, the state says up to an estimated 50,000 people who haven't proven they're citizens could have their votes counted in the fall.

Since 1993, states have had to allow people to register to vote when they apply for or renew their driver's licenses. The so-called motor-voter law says that people can only be asked for "minimal information" when registering to vote, allowing them to simply affirm they are citizens.

The ACLU claims the law intended to increase registration doesn't allow states to ask applicants for extra documents. It also says that motor vehicle clerks don't tell people renewing existing licenses that they need to provide the documents, leaving them under the mistaken impression that their registration is complete when they leave the office.


An Egyptian court on Saturday sentenced six people, including two Al-Jazeera employees, to death for allegedly passing documents related to national security to Qatar and the Doha-based TV network during the rule of Islamist President Mohammed Morsi.

Morsi, the top defendant, and two of his aides were sentenced to 25 years in prison for membership in the now-banned Muslim Brotherhood group but were acquitted of espionage, a capital offense. Morsi and his secretary, Amin el-Sirafy, each received an additional 15-year sentence for leaking official documents. El-Sirafy's daughter, Karima, was also sentenced to 15 years on the same charge.

Morsi, Egypt's first freely elected leader, was ousted by the military in July 2013 and has already been sentenced to death in another case. That death sentence and another two — life and 20 years in prison — are under appeal. The Brotherhood was banned and declared a terrorist organization after his ouster. Khalid Radwan, a producer at a Brotherhood-linked TV channel, received a 15-year prison sentence. All of Saturday's verdicts can be appealed. Of the case's 11 defendants, seven, including Morsi, are in custody.


Amnesty International called for the death sentences to be immediately thrown out and for the "ludicrous charges against the journalists to be dropped." The two Al-Jazeera employees — identified by the judge as news producer Alaa Omar Mohammed and news editor Ibrahim Mohammed Hilal — were sentenced to death in absentia along with Asmaa al-Khateib, who worked for Rasd, a media network widely suspected of links to Morsi's Muslim Brotherhood.



Justice Stephen Breyer said Monday that the Supreme Court has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.

Breyer suggested in response to questions at an awards ceremony at the Library of Congress that Scalia would have made a difference in only four or five cases out of more than 70 the court will decide this term.

"We may divide 4-4 in four or five cases, we may not," Breyer said of the term than will end in June.

That could include some of the term's biggest cases involving abortion and immigration. A tie vote would leave the lower court ruling in place and prevent the court from setting a legal precedent that applies to the entire country.

The court has already deadlocked in three cases, including a high-profile dispute over public-sector labor unions. And last week, the justices returned a dispute over access to birth control to lower courts, suggesting they could not form a majority that would have settled a major conflict over the scope of the nation's health care law.

Breyer stressed that the court in recent years has ruled unanimously about half the time and divided 5-4 in only a small percentage of cases. Chief Justice John Roberts and Justices Samuel Alito and Elena Kagan also have said in recent public comments that the court would find its way until a ninth justice is confirmed.

Breyer did not address the partisan debate over whether the Senate should confirm Judge Merrick Garland, nominated by Obama to take Scalia's seat. Senate Republicans have refused to hold a hearing on Garland's confirmation or schedule a vote, saying the choice should be left to Obama's successor.

Breyer was at the ceremony, the Burton Awards for Legal Achievement, to receive an award for his latest book about the use of foreign law in American courts.


A Finnish court on Friday jailed 23-year-old twin brothers from Iraq for four months pending trial on suspicions they were Islamic State militants who fatally shot 11 unarmed soldiers in Iraq in June 2014.

Friday's custody hearing was held behind closed doors at the Pirkanmaa District Court in Tampere.

The two were arrested Tuesday at a refugee center in the town of Forssa, 120 kilometers (75 miles) northwest of capital of Helsinki. Finnish police say an IS video shows the men taking part in a massacre outside the Iraqi city of Tikrit.

The killing of the 11 Iraqi soldiers was part of atrocities committed by IS in the Camp Speicher military base outside Tikrit, where 1,700 Iraqi soldiers were captured and then killed by IS militants.

National Bureau of Investigation spokesman Jari Raty said the court case will start in April. If guilty, the brothers face up to life imprisonment, which in Finland means being released — although not automatically — after serving between 12 and 15 years.

It was not known what the men had pleaded because their defense lawyers were barred from commenting.

The men had arrived in Finland in September but it was unclear whether they were asylum-seekers — although Finnish media claimed they are. Some 17,000 Iraqis have sought asylum in Finland so far this year, by far the biggest national group to seek shelter in the country.

The tabloid Ilta-Sanomat quoted Omar Mohammed, an asylum-seeker from Baghdad at the Forssa refugee center, as saying the brothers had avoided talking to other refugees.


A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.

Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.

John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.

Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.

Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."

Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.


The Environmental Protection Agency is expressing confidence that the Supreme Court won't block its limits on mercury and other hazardous air pollutants.

The high court has agreed to review a case claiming the EPA failed to consider costs when deciding whether to regulate certain pollutants from coal- and oil-fired power plants. A federal appeals court upheld the rules in April.

EPA Administrator Gina McCarthy says the agency is "very confident" it will win the case. She says the Supreme Court is only examining a narrow issue.

McCarthy says the government is on solid ground in regulating mercury. She says the agency is already working on implementation and ensuring compliance for the mercury rule. She says the EPA doesn't expect the Supreme Court's review to delay the process.

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