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Ted Cruz's Supreme Court remark draws White House criticism
Court News | 2016/10/28 16:56
Sen. Ted Cruz's suggestion of an indefinite Supreme Court vacancy under a President Hillary Clinton raises questions about the credibility and integrity of Republicans who have said the next president should get to the choose who fills the vacancy, White House spokesman Josh Earnest said Thursday.

Earnest was asked during Thursday's White House press briefing about the Texas Republican's statement that there is a long historical precedent for a Supreme Court operating with fewer justices.

Earnest replied that the notion of opposing any nomination put forward by a Democratic president would be inconsistent with longstanding Senate tradition. He said historically that the Senate has evaluated candidates based on their merits.

"Republicans this year have deviated from that tradition by refusing to even consider Chief Judge Merrick Garland to fill the vacancy on the Supreme Court," Earnest said.

Cruz's comment also seemingly contradicts an earlier position he took during the GOP primary when he told CNN, "I think 2016 should be a referendum on the Supreme Court."

Sen. John McCain said earlier this month that Republicans would unite against any Supreme Court nominee that Clinton puts forward if she becomes president, though an aide later said that McCain would examine the record of anyone nominated for the high court and vote for or against that person based on their qualifications.

Obama nominated Garland in March to fill the vacancy left by the death of former Justice Antonin Scalia, but Senate Republicans, led by Majority Leader Mitch McConnell, declined to hold hearings as they insisted the voters choosing the next president would have the final say on the vacancy.


Pakistan's top court seeks reply from PM over money scandal
Court News | 2016/10/20 20:15
Pakistan's Supreme Court Thursday sought a reply from Prime Minister Nawaz Sharif in response to several petitions seeking his resignation over a financial scandal involving his family.

The court gave Sharif two weeks to submit his response, Sharif's aides and opposition leaders told reporters outside the courthouse.

The premier has been under pressure from the opposition to step down because his family members were named as holders of offshore bank accounts in leaked financial documents from Panamanian law firm Mossack Fonseca.

One of the petitions has come from the opposition party of cricketer turned politician Imran Khan who is threatening to bring tens of thousands of protesters to the capital, Islamabad, on Nov. 2 to press for Sharif's disqualification. This was the first step to make the prime minister answerable to the law, Khan said. "We wanted to have it settled in parliament, but the prime minister didn't present himself there for accountability."

He said the court proceedings didn't mean that he would postpone the street rallies.

Sharif's aide and Pakistani Defense Minister Khawaja Muhammad Asif said the government was ready to be transparent and accountable. "We will never escape," he said. "We're ready for accountability at any forum."

Another of Sharif's ministers Khawaja Saad Rafique said there was no reason for any more protest rallies now that the country's top court had taken up the issue.



Lithuania wants Gorbachev to testify in war crimes trial
Court News | 2016/10/17 20:17
A Lithuanian court has called former Soviet leader Mikhail Gorbachev to testify in a mass trial related to the 1991 crackdown on the country's independence movement.

Gorbachev and Russian authorities haven't answered previous requests so it's unlikely he would comply with Monday's request from the Vilnius district court.

The case involves more than 60 former Soviet officials charged with war crimes and other offenses for their roles in a crackdown on pro-independence demonstrators that left 14 people dead in January 1991, when Gorbachev was still in power.

The judges approved a request by one of the plaintiffs in the case to call Gorbachev to the court as a witness.

Only two defendants are present in court. Others, mainly citizens of Russia, Ukraine and Belarus, are being tried in absentia.



Court: Construction can resume on small stretch of pipeline
Court News | 2016/10/13 22:09
A federal appeals court on Sunday opened the door for construction to resume on a small stretch of the four-state Dakota Access pipeline while it considers an appeal by the Standing Rock Sioux Tribe.

The ruling removed a temporary injunction that halted work on the project.

The tribe had asked the U.S Court of Appeals for the District of Columbia Circuit to continue work stoppage on the pipeline within 20 miles of Lake Oahe in North Dakota. The court earlier ordered work to stop while it considered the motion.

In a statement, Standing Rock Sioux Tribe Chairman Dave Archambault II said that the tribe "is not backing down from this fight."

"We will not rest until our lands, people, waters and sacred places are permanently protected from this destructive pipeline," Archambault said.

Owned by Dallas-based Energy Transfer Partners, the $3.8 billion, 1,172-mile project would carry nearly a half-million barrels of crude oil daily from North Dakota's oil fields through South Dakota and Iowa to an existing pipeline in Patoka, Illinois, where shippers can access Midwest and Gulf Coast markets.

The company did not immediately return an email Sunday seeking comment on the court's decision.

The pipeline passes near Standing Rock Sioux reservation land that straddles the North Dakota-South Dakota border. The tribe's protest encampment near the confluence of the Missouri and Cannonball rivers has swelled to thousands at times as demonstrators from around the country joined their cause.

Tribal and state officials also are at odds over whether sacred sites were destroyed while digging the pipeline corridor. The state archaeologist has said an inspection found no sign that the area contained human remains or cultural artifacts.



Hawaii Supreme Court affirms Maui solar telescope permit
Court News | 2016/10/10 22:08
Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.

The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.

Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.

"We only have one alternative now," she said. "We have to continue to protest in other ways."

They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.

The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.

State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.

"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."

Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.

"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.

External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month.


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