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Trump nominates White House lawyer to important court seat
Legal Interview | 2017/09/06 12:55
President Donald Trump has tapped one of his own White House attorneys for a judgeship on one of the most important federal appeals courts, opening the door for confirmation hearing questions about the legal controversies that dominated the first seven months of Trump's presidency.

Gregory Katsas was nominated Thursday to serve on the U.S. Court of Appeals for the District of Columbia Circuit. Katsas, the deputy White House counsel, was a former Justice Department official under President George W. Bush. A biography on the White House's website says he has argued more than 75 appeals, including the constitutional challenge to President Barack Obama's Affordable Care Act before the Supreme Court.

He would replace the libertarian-leaning Judge Janice Rogers Brown, who retired this summer. The court is influential, in part because of its role in adjudicating many of the orders and laws put forth by the administration. It is sometimes called America's second highest court because it can be a stepping stone to the Supreme Court just a few blocks away.

Katsas, once a law clerk to Justice Thomas, has served in high-ranking Justice Department roles, including as head of the civil division that has responsibility for defending the administration's policies against court challenges. He is part of the steady stream of Jones Day law firm partners who have flowed into the Trump administration, including White House counsel Don McGahn.

So many Jones Day attorneys work in the White House that the counsel's office issued a blanket ethics waiver for them so that they can maintain contact with their former colleagues without running afoul of ethics provisions. The firm's lawyers continue to represent members of the Trump campaign outside the White House.



Israeli protesters erect golden statue of High Court chief
Legal Interview | 2017/09/01 14:05
Jerusalem residents woke to discover a surprising spectacle outside the country's Supreme Court — a golden statue of the court's president put up in protest by members of a religious nationalist group.

Police quickly removed the statue of Miram Naor, raised outside the court overnight, but after questioning some suspects, said no criminal activity had occurred.

Derech Chaim, which wants to impose Jewish religious law in Israel, said it had put up the statue to protest what one activist called the court's "dictatorship." Many Israeli hardliners consider the court to be excessively liberal and interventionist.

Ariel Gruner, a Derech Chaim activist, said the statue was erected in response to a court ruling this week over the country's treatment of African migrants. The ruling said that while Israel can transfer migrants to a third country, it cannot incarcerate them for more than 60 days to pressure them to leave.

The ruling is among a series of decisions that "eliminates the possibility of elected officials, of the government, to make decisions and rule," Gruner said.

He acknowledged that the statue had been inspired by a golden statue of Prime Minister Benjamin Netanyahu erected by a left-wing artist in a main Tel Aviv square last year.



Court: Cherokee Freedmen have right to tribal citizenship
Court Issues | 2017/09/01 07:05
Descendants of black slaves, known as freedmen, who were once owned by members of the Cherokee Nation have a right to tribal citizenship under a ruling handed down by a federal court in Washington, D.C.

U.S. District Judge Thomas Hogan ruled Wednesday in a long-standing dispute between the Cherokee Freedmen and the second largest tribe in the United States.

Freedmen have long argued that the Treaty of 1866, signed between the U.S. government and the Tahlequah, Oklahoma-based Cherokees, gave them and their descendants "all the rights of native Cherokees." There are around 3,000 freedmen descendants today.

But Cherokee leaders have argued the tribe has the fundamental right to determine its citizens, and in 2007 more than three-fourths of Cherokee voters approved an amendment to remove the Freedmen from tribal rolls.



S. Korean court says worker's rare disease linked to Samsung
Blog News | 2017/08/31 14:05
South Korea's Supreme Court said a former worker in a Samsung LCD factory who was diagnosed with multiple sclerosis should be recognized as having an occupationally caused disease, overturning lower court verdicts that held a lack of evidence against the worker.

In a milestone decision that could aid other sickened tech workers struggling to prove the origin of their diseases, the Supreme Court ruled there was a significant link between Lee Hee-jin's disease and workplace hazards and her working conditions.

Lower courts had denied her claim, partly because no records of her workplace conditions were publicly available. The Labor Ministry and Samsung refused to disclose them when a lower court requested the information, citing trade secrets.

In its ruling Tuesday, the court said the lack of evidence, resulting from Samsung's refusal to provide the information and an inadequate investigation by the government, should not be held against the sickened worker.

Instead, it said, such special circumstances should be considered in favor of the worker.

Lee, 33, began to work at a Samsung LCD factory in Cheonan, south of Seoul, in 2002 when she was a high school senior. She evaluated nearly one hundred display panels per hour on a conveyor belt, looking for defective panels and wiping them with isopropyl alcohol. She worked next to assembly lines that used other chemicals.

Three years after she joined Samsung Electronics, she first reported the symptoms of multiple sclerosis, a rare disease that affects the central nervous system. The average age of reporting multiple sclerosis in South Korea is 38. She left Samsung in 2007.

Lee first filed a claim in 2010 with a government agency, which denied her request for compensation. She took her case to the courts and lost twice before Tuesday's victory.



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