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Government asks high court to hear transgender military case
Legal Network | 2018/11/24 23:07
The Trump administration asked the Supreme Court on Friday to issue an unusually quick ruling on the Pentagon's policy of restricting military service by transgender people. It's the fourth time in recent months the administration has sought to bypass lower courts that have blocked some of its more controversial proposals and push the high court, with a conservative majority, to weigh in quickly on a divisive issue.

Earlier this month, the administration asked the high court to fast-track cases on the president's decision to end the Deferred Action for Childhood Arrivals program, which shields young immigrants from deportation. Administration officials also recently asked the high court to intervene to stop a trial in a climate change lawsuit and in a lawsuit over the administration's decision to add a question on citizenship to the 2020 census.

The 9th U.S. Circuit Court of Appeals, a frequent target of criticism by President Donald Trump, is involved in three of the cases. Trump's recent salvo against the "Obama judge" who ruled against his asylum policy — not one of the issues currently before the Supreme Court — prompted Chief Justice John Roberts to fire back at the president for the first time for feeding perceptions of a biased judiciary.

Joshua Matz, publisher of the liberal Take Care blog, said the timing of the administration's effort to get the Supreme Court involved in the issues at an early stage could hardly be worse for Roberts and other justices who have sought to dispel perceptions that the court is merely a political institution, especially since the confirmation of Justice Brett Kavanaugh. At an especially sensitive moment for the Supreme Court, the Trump administration is "forcing it into a minefield that many justices would almost surely prefer to avoid," Matz said.

The Supreme Court almost always waits to get involved in a case until both a trial and appeals court have ruled in it. Often, the justices wait until courts in different areas of the country have weighed in and come to different conclusions about the same legal question.

So it's rare for the justices to intervene early as the Trump administration has been pressing them to do. One famous past example is when the Nixon administration went to court to try to prohibit the publication of the Pentagon Papers, the secret history of U.S. involvement in the Vietnam War.



Georgia candidate asks court to intervene in vote dispute
Legal Network | 2018/11/13 18:44
A Congressional candidate in Georgia says she's asking a federal court to block one of the state's largest counties from certifying its vote totals before ballot disputes are resolved.

Democrat Carolyn Bourdeaux's campaign filed a complaint Sunday night accusing Gwinnett County of improperly rejecting hundreds of absentee ballots in Georgia's 7th Congressional District.

Bourdeaux says those votes should be counted, partly because they were rejected based on "immaterial" information such as missing or inaccurate addresses or birth dates.

The race between Bourdeaux and Republican incumbent Rep. Rob Woodall remains too close to call. With all precincts reporting, Woodall held a lead of about 900 votes out of nearly 279,000 votes counted.

Under Georgia law, Bourdeaux could request a recount. Woodall's campaign on Monday didn't immediately return messages seeking comment.


Malaysia court to resume Kim Jong Nam murder trial on Jan. 7
Legal Network | 2018/11/06 20:52
A Malaysian court on Wednesday set Jan. 7 for two Southeast Asian women charged with murdering the North Korean leader’s half brother to begin their defense, as their lawyers complained that some witnesses were unreachable.

A High Court judge in August found there was enough evidence to infer that Indonesian Siti Aisyah and Vietnamese Doan Thi Huong, along with four missing North Korean suspects, had engaged in a “well-planned conspiracy” to kill Kim Jong Nam.

The women appeared somber but calm during Wednesday’s hearing. The trial had been due to resume Nov. 1 but was postponed after a defense lawyer fell ill.

Aisyah’s lawyers made a new application to the court to compel prosecutors to provide them with statements that eight witnesses had given to police earlier.

Her lawyer, Kulaselvi Sandrasegaram, said they were informed that one of the witnesses, the man who chauffeured Kim to the airport, had died while two Indonesian women who were Aishah’s roommates were believed to have returned to their homeland. She said they have only managed to interview two of the witnesses offered by prosecutors, while two others didn’t turn up for their appointments and couldn’t be contacted.

The witness statements taken by police are important in “the interest of justice” and to ensure that what they say to defense lawyers is consistent with what they told police, Sandrasegaram told reporters later.

Prosecutor Iskandar Ahmad said the police interviews are privileged statements and shouldn’t be made public.

Judge Azmi Ariffin said the court will make a decision on the defense application on Dec. 14. He also set 10 days from Jan. 7 through February for Aishah’s defense and 14 days from March 11 through April for Huong.

The two are accused of smearing VX nerve agent on Kim’s face in an airport terminal in Kuala Lumpur on Feb. 13, 2017. They have said they thought they were taking part in a prank for a TV show. They are the only suspects in custody. The four North Korean suspects fled the country the same morning Kim was killed.

Lawyers for Aisyah, 25, and Huong, 29, have told the judge they will testify under oath in their defense.

They have said their clients were pawns in a political assassination with clear links to the North Korean Embassy in Kuala Lumpur, and that the prosecution failed to show the women had any intention to kill. Their intent is key to concluding they are guilty of murder.


Group asks court to reject Arkansas justice's ad lawsuit
Legal Network | 2018/10/30 05:37
A Washington-based conservative group is asking a federal court to reject an Arkansas Supreme Court justice's attempt to halt its attack ads and mailers against her.

Attorneys for the Republican State Leadership Committee's Judicial Fairness Initiative on Monday asked the court to reject Justice Courtney Goodson's request for a preliminary injunction against the ads and mailers.

Goodson is running against David Sterling, an attorney for the Department of Human Services, in next month's election. The group's filing Monday said blocking the ads and mailers would be "patently unconstitutional."

RSLC says it's spent $1.1 million so far this fall on the high court race. A state judge in the spring temporarily blocked another group's TV ad attacking Goodson through the May 22 judicial election.



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