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Fight over jaguar habitat in Southwest heads back to court
Blog News | 2020/03/19 07:26
A federal appeals court is ordering a U.S. district judge in New Mexico to reconsider a case involving a fight over critical habitat for the endangered jaguar in the American Southwest.

Groups representing ranchers had sued, arguing that a 2014 decision by the U.S. Fish and Wildlife Service to set aside thousands of acres for the cats was arbitrary and violated the statute that guides wildlife managers in determining whether certain areas are essential for the conservation of a species.

With the order released this week, the 10th Circuit Court of Appeals overturned an earlier ruling that had sided with the Fish and Wildlife Service.

Jaguars are currently found in 19 countries. Several individual male jaguars have been spotted in Arizona and New Mexico over the last two decades but there's no evidence of breeding pairs establishing territories beyond northern Mexico.

Shrinking habitats, insufficient prey, poaching and retaliatory killings over livestock deaths are some of the things that have contributed to the jaguar’s decline in the Southwest over the past 150 years.

Under a recovery plan finalized last year, Mexico as well as countries in Central and South America would be primarily responsible for monitoring jaguar movements within their territory. Environmentalists have criticized the plan, saying the U.S. government is overlooking opportunities for recovery north of the international border.


Supreme Court postpones arguments because of virus outbreak
Law Firm News | 2020/03/17 18:09
The Supreme Court announced Monday that it is postponing arguments for late March and early April because of the coronavirus, including fights over subpoenas for President Donald Trump’s financial records.

Other business will go on as planned, including the justices’ private conference on Friday and the release of orders in a week’s time. Some justices may participate by telephone, the court said in a statement.

Six of the nine justices are 65 and older, at higher risk of getting very sick from the illness, according to the Centers for Disease Control and Prevention. Justices Ruth Bader Ginsburg, 87, and Stephen Breyer, 81, are the oldest members of the court.

There is no new date set for the postponed arguments. the building has been closed to the public since last week.

The only other time the 85-year-old court building was closed for arguments was in October 2001, when anthrax was detected in the court mailroom. That led the justices to hold arguments in the federal courthouse about a half mile from the Supreme Court,

Within a week and after a thorough cleaning, the court reopened.

In 1918, when the court still met inside the Capitol, arguments were postponed for a month because of the flu pandemic. In the nation’s early years, in August 1793 and August 1798, adjustments were made because of yellow fever outbreaks, the court said.


Australia’s High Court hears what may be Pell’s last appeal
Legal Network | 2020/03/13 19:54
The most senior Catholic to be convicted of child sex abuse took his appeal to Australia’s highest court Wednesday in potentially his last bid to clear his name.

Cardinal George Pell was sentenced a year ago to six years in prison for molesting two 13-year-old choirboys in Melbourne’s St. Patrick’s Cathedral while he was the city’s archbishop in the late 1990s.

He was convicted by the unanimous verdict of a Victoria state County Court jury in December 2018 after a jury in an earlier trial was deadlocked.

A Victoria Court of Appeal rejected his appeal against his convictions in a 2-1 majority decision in August last year.

Pope Francis’ 78-year-old former finance minister is arguing before the High Court that the guilty verdicts were unreasonable and could not be supported by the whole of the evidence from more than 20 prosecution witnesses who include priests, altar servers and former choirboys.

Seven judges are hearing the case over two days.

Pell’s lawyer Bret Walker told the judges that there had been a “reversal of onus” in which Pell was expected to prove the offending didn’t happen instead of prosecutors proving the crimes were committed beyond reasonable doubt.

“That is a wrong question which sends the inquiry onto a terribly damaging wrong route,” Walker said.

Walker said the allegations that Pell had molested the two boys in a priests’ sacristy moments after a Mass could not be proved if the jury had accepted the evidence of sacristan Maxwell Potter and Monsignor Charles Portelli.

Potter had testified that the sacristy was kept locked during Masses and Portelli had given evidence that he was always with Pell while he was dressed in his archbishop’s robes.


International court approves Afghanistan investigation
Court Issues | 2020/03/12 02:55
International Criminal Court judges authorized a far-reaching investigation Thursday of war crimes and crimes against humanity allegedly committed by Afghan government forces, the Taliban, American troops and U.S. foreign intelligence operatives.

The appellate ruling marked the first time the court’s prosecutor has been cleared to investigate U.S. forces, and set the global tribunal on a collision course with the Trump administration.

Prosecutor Fatou Bensouda pledged to carry out an independent and impartial investigation and called for full support and cooperation from all parties.

“The many victims of atrocious crimes committed in the context of the conflict in Afghanistan deserve to finally have justice,” Bensouda said. “Today they are one step closer to that coveted outcome.”

Washington, which has long rejected the court’s jurisdiction and refuses to cooperate with it, condemned the decision while human rights groups and lawyers for victims applauded it.

A five-judge appellate panel upheld an appeal by prosecutors against a pretrial chamber’s rejection in April last year of Bensouda’s request to open a probe in Afghanistan.

While acknowledging that widespread crimes have been committed in Afghanistan, pretrial judges had said an investigation wouldn’t be in the interests of justice because the expected lack of cooperation meant convictions would ultimately be unlikely.


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