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Court halts construction of another section of pipeline
Court Issues |
2016/09/18 22:18
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A federal appeals court has ordered a halt to construction of another section of the Dakota Access oil pipeline in North Dakota.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said in a ruling late Friday that it needs more time to consider the Standing Rock Sioux Tribe's request for an emergency injunction. It said it will issue another order setting a date for oral arguments on the motion.
The order "should not be construed in any way as a ruling on the merits of that motion," the panel said. The ruling stops construction within 20 miles on either side of Lake Oahe. The federal government on Sept. 9 ordered a halt to construction on U.S. Army Corps of Engineers land under and around the lake after a U.S. District Judge James Boasberg rejected the tribe's request for a preliminary injunction to halt construction of the $3.8 billion four-state pipeline. That led the tribe to ask for an emergency injunction.
Vicki Granado, spokeswoman for Dakota Access LLC, said the company does not comment on pending litigation. Craig Stevens, spokesman for the MAIN Coalition, Midwest Alliance for Infrastructure Now, called the ruling disappointing but said his group respects the panel's decision.
"Judge Boasberg, in his thoughtful and thorough opinion last week, confirmed that the Army Corps of Engineers did their jobs expertly and in accordance with the law," Stevens said in a statement. "We are confident that another fair review of the corps' work will render the same decision."
The corps also issued a ruling on Friday granting the tribes a temporary permit that allows demonstrators to legally protest on federal lands managed by the agency. In turn, the tribe assumes responsibility for maintenance, damage and restoration costs, the security and safety of protesters, and liability insurance. |
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LA Supreme Court considers teen robber’s 99-year sentence
Court Issues |
2016/09/16 22:18
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Louisiana’s Supreme Court is considering whether recent U.S. Supreme Court rulings about juveniles convicted of murder mean a juvenile robber’s 99-year sentence is unconstitutional.
Alden Morgan is now 35. He was 17 years old when he held up a couple with their baby daughter.
The New Orleans Advocate reports that several justices noted that his punishment is much higher than the nation’s highest court would have allowed for second-degree murder.
The U.S. Supreme Court has found it unconstitutional to execute juveniles, to give them life sentences for most crimes, and — except in rare cases — to deny them a chance at parole for most killings.
Morgan’s case appears to be the first time that Louisiana’s high court has considered how those rulings may affect sentences for lesser offenses. |
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Court considers Kansas rule that voters prove citizenship
Court Issues |
2016/08/24 16:43
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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.
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Polish prosecutors investigate court head for abuse of power
Court Issues |
2016/08/18 18:03
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Polish prosecutors have opened an investigation into the head of the country's Constitutional Tribunal to determine if he abused his power in not allowing judges appointed by the ruling party to take part in rulings.
The investigation into Andrzej Rzeplinski, which opened Thursday, is the latest development in an ongoing conflict between the Polish government and the constitutional court, whose role is similar to the U.S. Supreme Court.
The government's conflict with the court has raised international concerns about the state of democracy in Poland, and the political opposition and other critics have slammed the investigation into Rzeplinski as an attack on the separation of powers.
Amid the conflict, Rzeplinski has emerged as one of the key symbols of resistance against the right-wing government, which has moved to centralize power since winning elections last year. The investigation is seen by many as an attempt to discredit him since he enjoys, at least for now, immunity from prosecution. His term as head of the court also expires in December.
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