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Defamation lawsuit against activist continues in state court
Topics | 2018/12/08 03:07
A Maine activist who accused an orphanage founder in Haiti of being a serial pedophile asked the state supreme court on Tuesday to dismiss a defamation lawsuit that was moved from federal court.

An attorney for Paul Kendrick told justices that the assertions were protected by a Maine law that protects people from meritless suits aimed at chilling First Amendment rights.

The argument that invoked Maine's Anti-SLAPP statute was met with skepticism from justices who questioned whether the law was intended to apply to harassment and cyberbullying.

But Supreme Court Chief Justice Leigh Saufley suggested there's a balancing act when between free speech and defamation.

"Are we not sliding into an areas where we have to be very careful not to chill the voices of people who say we must speak up in support of children who have been abused?" she asked an attorney at one point. "We know that if people are afraid to speak up that abuse can go on for decades."



European court: Russia's arrests of Navalny were political
Topics | 2018/11/19 21:01
The European Court of Human Rights ruled Thursday that Russian authorities' arrests of opposition leader Alexei Navalny were politically motivated, a decision that deals a blow to the Kremlin's dismissal of Navalny as a mere troublemaker.

Navalny hailed the ruling as an example of "genuine justice" and said it is an important signal for many people in Russia who face arbitrary detentions for their political activities.

The court's highest chamber found that Russian authorities violated multiple human rights in detaining Navalny seven times from 2012 to 2014, and that two of the arrests were expressly aimed at "suppressing political pluralism."

It ordered Russia to pay Navalny 63,000 euros ($71,000) in damages, and called on Russia to fix legislation to "take due regard of the fundamental importance of the right to peaceful assembly."

The ruling is final and binding on Russia as a member of the Council of Europe, the continent's human rights watchdog.

"I'm very pleased with this ruling — this is genuine justice," Navalny told reporters after the hearing. "This ruling is very important not only for me but also for many people in Russia who face similar arrests on a daily basis."

Russia is obliged to carry out the court's rulings, which enforce the European Convention on Human Rights , but it has delayed implementing past rulings from the court and argued against them as encroaching on Russian judicial sovereignty.

Navalny told reporters that he expects the Russian government to ignore this ruling and dismiss it on political grounds.

Navalny, arguably Russian President Vladimir Putin's most serious foe, has been convicted of fraud in two separate trials that have been widely viewed as political retribution for his investigations of official corruption and his leading role in staging anti-government protests.


Justice Beth Clement leading Supreme Court race
Topics | 2018/11/08 06:54
Michigan Supreme Court Justice Elizabeth Clement is leading a six-candidate field for two seats on the state's highest court. Nearly 95 percent of votes have been counted. The top two finishers get black robes.

Justice Kurtis Wilder and appellate lawyer Megan Cavanagh are battling for the second spot. Cavanagh, a Democrat, is the daughter of former Justice Michael Cavanagh.

With Clement and Wilder, Republicans have a 5-2 majority on the Supreme Court, though candidates aren't identified by party on the ballot. University of Michigan law professor Sam Bagenstos was far behind in fourth place and threw in the towel — literally.

After a long campaign, he says it's time for him to do some "deferred laundry." Former CIA analyst Elissa Slotkin has defeated Republican Rep. Mike Bishop, denying him a third House term representing their southeastern Michigan district and flipping the seat to the Democrats.

Slotkin, who worked as a CIA analyst under presidents George W. Bush and Barack Obama and who advocates for public service, said that if she was elected Tuesday, she would push for affordable health care.

Both parties spent heavily on the race, with Democrats sensing that the typically reliable Republican district was vulnerable. Two others also ran: Libertarian Party candidate Brian Ellison and U.S. Taxpayers Party candidate David Lillis.



Supreme Court wrestles with case on detention of immigrants
Topics | 2018/10/09 07:33
The Supreme Court wrestled Wednesday with a case about the government’s ability to detain certain immigrants after they’ve served sentences for committing crimes in the United States. Several justices expressed concerns with the government’s reading of immigration law.

Justice Stephen Breyer seemed perhaps the most sympathetic to the arguments of immigrants in the case. The immigrants, mostly green-card holders, say they should get hearings where they can argue for their release while deportation proceedings against them are ongoing. Breyer noted that the United States “gives every triple ax murderer a bail hearing.”

While members of the court’s conservative majority seemed more inclined than its liberal members to back the government, both of President Donald Trump’s appointees asked questions that made it less clear how they might ultimately rule.

The issue in the case before the justices has to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government to pick those people up when they are released from federal or state prisons and jails and then hold them without bond hearings while an immigration court decides whether they should be deported.

But those affected by the law aren’t always picked up immediately and are sometimes not detained until years later. They argue that unless they’re picked up essentially within a day of being released, they’re entitled to a hearing where they can argue that they aren’t a danger to the community and are not likely to flee. If a judge agrees, they can stay out of custody while their deportation case goes forward. That’s the same hearing rule that applies to other noncitizens the government is trying to deport.

The Trump administration argues, as the Obama administration did, against hearings for those convicted of crimes and affected by the law. The government reads immigration law to say that detention is mandatory for those people regardless of when they are picked up.

Sounding sympathetic to the immigrants’ arguments, Breyer asked a lawyer arguing for the government whether he thought “a person 50 years later, who is on his death bed, after stealing some bus transfers” is still subject to mandatory detention without a hearing. But Breyer also seemed to suggest that the government might be able to hold noncitizens without bond hearings if they were picked up more than a day after leaving custody, maybe up to six months.


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