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Cancer the latest health woe for resilient Justice Ginsburg
Court Issues | 2018/12/26 04:18
Justice Ruth Bader Ginsburg is resting in a New York hospital following surgery to remove two malignant growths in her left lung, the third time the Supreme Court’s oldest justice has been treated for cancer and her second stay in a hospital in two months.

Worries over Ginsburg’s health have been a constant of sorts for nearly 10 years, and for liberals, particularly in the last two. Ginsburg, the leader of the court’s liberal wing and known to her fans as the Notorious RBG, has achieved an iconic status rare for Supreme Court justices.

If she did step down, President Donald Trump would have another opportunity to move a conservative court even more to the right. “Wishing Supreme Court Justice Ruth Bader Ginsburg a full and speedy recovery!” Trump tweeted after the court’s announcement Friday.

But Ginsburg has always bounced back before, flaunting her physical and mental fitness. After past health scares, she has resumed the exercise routine popularized in a book written by her personal trainer and captured in a Stephen Colbert video. Weeks after cracking three ribs in a fall at the Supreme Court in November, the 85-year-old Ginsburg was asking questions at high court arguments, speaking at a naturalization ceremony for new citizens and being interviewed at screenings of the new movie about her, “On the Basis of Sex.”

Ginsburg will remain in the hospital for a few days, the court said. She has never missed arguments in more than 25 years as a justice. The court next meets on Jan. 7.

While it’s hard to refer to good luck and cancer diagnoses in the same breath, this is the second time for Ginsburg that cancerous growths have been detected at an apparently early stage through unrelated medical tests.

The nodules on her lung were found during X-rays and other tests Ginsburg had after she fractured ribs in a fall in her Supreme Court office on Nov. 7, the court said. In 2009, routine follow-up screening after Ginsburg’s colorectal cancer 10 years earlier detected a lesion on her pancreas. Doctors operated and removed the growth they’d previously spotted, plus a smaller one they hadn’t seen before. The larger growth was benign, while the smaller one was malignant.



Spanish court gears up for high-stakes trial of separatists
Court Issues | 2018/12/14 02:52
A preliminary hearing in a rebellion case against Catalan separatists Tuesday displayed some of the dynamics between defense and prosecutors expected during a trial that is likely to dominate Spanish politics.

Altogether, 18 former politicians and activists from the Catalonia region are charged with rebellion, sedition, disobedience and misuse of public funds for their parts in an attempt to secede from Spain last year.

At Tuesday's hearing, a panel of seven magistrates heard from defense attorneys who argued the trial should be heard by the top regional court in Catalonia rather than Spain's highest court in Madrid.

Prosecutors countered that Madrid was the proper venue, saying the events that led regional lawmakers to make a unilateral declaration of independence on Oct. 27, 2017 had ramifications outside of Catalonia.

The country's top court also has jurisdiction, prosecutors argued, because the secession attempt affected all Spaniards.




Dutch court rejects man’s request to be 20 years younger
Court Issues | 2018/12/03 01:44
Dutch motivational speaker Emile Ratelband may feel like a 49-year-old but according to Dutch law he is still 69.

A Dutch court on Monday rejected Ratelband’s request to shave 20 years off his age in a case that drew worldwide attention.

“Mr. Ratelband is at liberty to feel 20 years younger than his real age and to act accordingly,” Arnhem court said in a press statement . “But amending his date of birth would cause 20 years of records to vanish from the register of births, deaths, marriages and registered partnerships. This would have a variety of undesirable legal and societal implications.”

Ratelband went to court last month, arguing that he didn’t feel 69 and saying his request was consistent with other forms of personal transformation which are gaining acceptance in the Netherlands and around the world, such as the ability to change one’s name or gender.

The court rejected that argument, saying that unlike in the case of a name or gender, Dutch law assigns rights and obligations based on age “such as the right to vote and the duty to attend school. If Mr. Ratelband’s request was allowed, those age requirements would become meaningless.”

Ratelband, perhaps unsurprisingly given his background as self-described advocate of positive thinking, was undeterred by the court’s rejection and vowed to appeal.

“This is great!” he said. “The rejection of (the) court is great ... because they give all kinds of angles where we can connect when we go in appeal.”

He said he was the first of “thousands of people who want to change their age.”

The court said it acknowledged “a trend in society for people to feel fit and healthy for longer, but did not regard that as a valid argument for amending a person’s date of birth.”

Ratelband also insisted his case did have parallels with requests for name and gender changes.

“I say it’s comparable because it has to do with my feeling, with respect about who I think ... I am, my identity,” he said.

The court said Ratelband failed to convince the judges that he suffers from age discrimination, adding that “there are other alternatives available for challenging age discrimination, rather than amending a person’s date of birth.”


Lump of coal? Taxes more likely for online gifts this season
Court Issues | 2018/11/28 01:37
Shoppers heading online to purchase holiday gifts will find they're being charged sales tax at some websites where they weren't before. The reason: the Supreme Court.

A June ruling gave states the go-ahead to require more companies to collect sales tax on online purchases. Now, more than two dozen have moved to take advantage of the ruling, many ahead of the busy holiday shopping season.

"Will your shopping bill look any different? ... The answer right now is it depends," said Jason Brewer, a spokesman for the Retail Industry Leaders Association, which represents more than 70 major retailers.

Whether shoppers get charged sales tax on their online purchases comes down to where they live and where they're shopping.

Before the Supreme Court's recent decision , the rule was that businesses selling online had to collect sales tax only in states where they had stores, warehouses or another physical presence. That meant that major retailers such as Apple, Best Buy, Macy's and Target, which have brick-and-mortar stores nationwide, were generally collecting sales tax from online customers. But that wasn't the case for businesses with a big online presence but few physical locations.



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