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Montana vote adds to win streak for abortion rights backers
Court Watch | 2022/11/11 14:11
Abortion rights supporters secured another win Thursday as voters in Montana rejected a ballot measure that would have forced medical workers to intercede in the rare case of a baby born after an attempted abortion.

The result caps a string of ballot defeats, months after the Supreme Court’s decision overturning Roe v. Wade galvanized abortion-rights voters.

Michigan, California and Vermont voted to enshrine abortion rights in their state constitutions, and Kentucky voters rejected an anti-abortion amendment in a tally that echoed a similar August vote in Kansas.

Abortion rights groups said the outcomes show that voters across the political spectrum support access to abortion, even after a dozen Republican-governed states legislatures adopted near-total bans in the wake of the Roe decision. Anti-abortion groups, on the other hand, say they were outspent in the state races and point out anti-abortion candidate victories.

Like voters nationwide, only about 1 in 10 voters in California, Michigan, Montana Kentucky or Vermont said abortion should generally be illegal in all cases, according to AP VoteCast.

The Montana ballot measure would have raised the prospect of criminal charges carrying up to 20 years in prison for health-care providers unless they take “all medically appropriate and reasonable actions to preserve the life” of an infant born alive, including in the rare case of a birth after an abortion.

Doctors and other opponents argued the law could keep parents of babies born with incurable diseases from spending peaceful moments with their infants if doctors were forced to attempt treatment.


Same-sex marriage is now legal in all of Mexico’s states
Court Watch | 2022/10/27 13:32
Lawmakers in the border state of Tamaulipas voted Wednesday night to legalize same-sex marriages, becoming the last of Mexico’s 32 states to authorize such unions.

The measure to amend the state’s Civil Code passed with 23 votes in favor, 12 against and two abstentions, setting off cheers of “Yes, we can!” from supporters of the change.

The session took place as groups both for and against the measure chanted and shouted from the balcony, and legislators eventually moved to another room to finish their debate and vote.

The president of the Supreme Court of Justice of the Nation, Arturo Zaldívar, welcomed the vote. “The whole country shines with a huge rainbow. Live the dignity and rights of all people. Love is love,” he said on Twitter.

A day earlier, lawmakers in the southern state of Guerrero approved similar legislation allowing same-sex marriages.

In 2015, the Supreme Court declared state laws preventing same-sex marriage unconstitutional, but some states took several years to adopt laws conforming with the ruling.


Appeals ruling leaves Trump fate in defamation suit in flux
Court Watch | 2022/09/27 16:16
A federal appeals court asked a Washington D.C. appeals court Tuesday to help it decide whether the United States should be substituted for former President Donald Trump as the defendant in a defamation lawsuit brought by a woman who says he raped her over a quarter century ago.

The 2nd U.S. Circuit Court of Appeals in Manhattan in a 2-to-1 decision reversed a lower court ruling that had concluded Trump must face the lawsuit brought in Manhattan federal court by columnist E. Jean Carroll.

But it stopped short of saying the U.S. can be substituted for Trump as the defendant in the lawsuit. Instead, it asked The D.C. Court of Appeals, the highest court in the District of Columbia, to decide whether Trump’s public statements denying Carroll’s rape claims occurred within the scope of his employment as president.

Carroll maintains Trump defamed her with public comments he made after she wrote in a 2019 book that Trump raped her during a chance encounter in the mid-1990s in a Manhattan department store. Trump denied the rape and questioned Carroll’s credibility and motivations.

The 2nd Circuit said Trump would be entitled to immunity by having the U.S. substituted as the defendant in the lawsuit if it was decided that his statements came within the scope of his employment.


Kenya’s Supreme Court upholds Ruto’s narrow presidential win
Court Watch | 2022/09/06 09:20
Kenya’s Supreme Court on Monday unanimously rejected challenges to the official results of the presidential election and upheld Deputy President William Ruto’s narrow win in East Africa’s most stable democracy.

Ruto is expected to be sworn in on Sept. 13. Opposition candidate Raila Odinga had alleged irregularities in the otherwise peaceful Aug. 9 election that was marked by last-minute drama when the electoral commission split and traded accusations of misconduct.

The court found little or no evidence for the various allegations and called some “nothing more than hot air.” It also expressed puzzlement why the four dissenting commissioners participated until the final minutes in a vote-tallying process they criticized as opaque.

The commission “needs far-reaching reforms,” the court acknowledged, “but are we to nullify an election on the basis of a last-minute boardroom rupture?”

The Supreme Court shocked Kenyans in the previous election in 2017 by overturning the results of the presidential election, a first in Africa, and ordered a new vote after Odinga filed a challenge. He then boycotted that new election.

This time, Odinga was backed by former rival and outgoing President Uhuru Kenyatta in the latest example of shifting political alliances. Odinga’s team had challenged the technology used by the electoral commission and alleged that voting results had been tampered with, and it argued that the electoral commission chair had essentially acted alone in declaring the winner.

The election had been seen as the country’s most transparent, with results from tens of thousands of polling stations posted online within hours of the vote for Kenyans to follow the tally themselves. Such reforms were in part the result of Odinga’s previous election challenge.


Lobster fishing union drops lawsuit about new whale closure
Court Watch | 2022/08/26 10:57
A lobster fishing union in Maine has decided to drop part of its lawsuit against the federal government over new restrictions meant to protect rare whales.

The Maine Lobstering Union sued the National Oceanic and Atmospheric Administration after the government instated a seasonal ban on lobster fishing gear in a nearly 1,000-square-mile area off New England to try to protect North Atlantic right whales. The whales are vulnerable to entanglement in the gear.

Lawyers for the lobster fishing union told WCSH-TV the union wants instead to focus on other ongoing litigation about new rules intended to protect whales. New fishing rules meant to protect the whales are the subject of other lawsuits that are still under consideration by federal court.

A federal court ruling last month came down in favor of stronger protections for the animals. U.S. District Judge James Boasberg ruled in July that the federal government hasn’t done enough to protect the whales, and must craft new rules. The lobstering union and other fishing groups have pledged to follow that process closely with an eye to protecting the industry.


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