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Wolf asks Pennsylvania Supreme Court to uphold shutdown
Court Watch | 2020/06/11 10:23
Democratic Gov. Tom Wolf asked the Pennsylvania Supreme Court on Friday to intervene in his dispute with legislative Republicans who have voted to end pandemic restrictions he imposed in March to slow the spread of the new coronavirus.

Republican majorities in the House and Senate, with a few Democrats in support, voted this week to end the state’s emergency disaster declaration that Wolf has used to shut down “non-life-sustaining” businesses, ban large gatherings and order people to stay at home.

Wolf asked the state’s high court to uphold the shutdown. He said that his gradual reopening plan is working, pointing to a downward trend in the number of new virus infections in Pennsylvania even as cases rise in nearly half the states.

“Pennsylvania’s measured, phased process to reopen is successful because of its cautious approach that includes factors relying on science, the advice of health experts and that asks everyone to do something as simple as wearing a mask when inside or around others outside the home,” Wolf said in a news release. “We will continue to move forward cautiously.”

Wolf has been easing restrictions in vast swaths of the state, including on Friday when he announced that another eight counties would be moving to the least restrictive “green” phase of his reopening plan. But gyms, barber shops, theaters and similar businesses in the state’s highly populated southeast corner remain closed, and many types of businesses statewide must abide by occupancy limits.


International Criminal Court condemns US sanctions order
Court News | 2020/06/10 10:22
The International Criminal Court has condemned the Trump administration’s decision to authorize sanctions against court staff, saying it amounted to “an unacceptable attempt to interfere with the rule of law and the Court’s judicial proceedings.”

An executive order by U.S. President Donald Trump announced Thursday authorizes sanctions against ICC staff investigating American troops and intelligence officials and those of allied nations, including Israel, for possible war crimes in Afghanistan and elsewhere.

Trump’s order would block the financial assets of court employees and bar them and their immediate relatives from entering the United States.

The court, which has 123 member states, said in a statement released early Friday that it “stands firmly by its staff and officials and remains unwavering in its commitment to discharging, independently and impartially, the mandate” laid down in its founding treaty, the Rome Statute.

It said an attack on the Hague-based court also constitutes “an attack against the interests of victims of atrocity crimes, for many of whom the Court represents the last hope for justice.”

O-Gon Kwon, president of the court’s management and oversight mechanism, the Assembly of States Parties, also criticized the U.S. measures.

“They undermine our common endeavor to fight impunity and to ensure accountability for mass atrocities,” he said in a statement. “I deeply regret measures targeting Court officials, staff and their families.”

The Hague-based court was created in 2002 to prosecute war crimes and crimes of humanity and genocide in places where perpetrators might not otherwise face justice. The U.S. has never been an ICC member.


Black Lives Matter rallies start in Australia amid court ban
Legal Interview | 2020/06/08 08:36
The first of several Black Lives Matter protests across Australia on Saturday got underway against a backdrop of possible clashes between demonstrators and police in Sydney, after a court sided with police that the gathering posed too much risk for spreading the coronavirus.

The first gathering in the southern city of Adelaide was held to honor George Floyd and to protest against the deaths of indigenous Australians in custody.

That was the plan in Sydney as well, where thousands of people were expected to rally. But New South Wales state Supreme Court Justice Des Fagan ruled on Friday that the rally was not an authorized public assembly. Fagan said he understood the rally was designed to coincide with similar events in other countries.

“I don’t diminish the importance of the issues and no one would deny them in normal circumstances,” he said. “No one denies them that but we’re talking about a situation of a health crisis.”

Floyd, a black man, died in handcuffs while a Minneapolis police officer pressed a knee on his neck even after he pleaded for air and stopped moving. In Sydney, outdoor gatherings are restricted to 10 people, while up to 50 people can go to funerals, places of worship, restaurants, pubs and cafes.

Sydney rally organizers, before deciding to lodge a last-minute appeal to Fagan’s ruling, urged anyone still wishing to attend “as an individual” to obey social distancing and wear masks to ensure safety. On Friday, 2,000 demonstrators gathered in the national capital Canberra to remind Australians that the racial inequality underscored by Floyd’s death was not unique to the United States.



Arena turned court for first felony jury trial in months
Headline Legal News | 2020/06/05 08:33
A city-owned arena in Batesville became a courtroom this week for the first felony criminal jury trial in Mississippi since the start of the coronavirus pandemic.

More than 100 prospective jurors answered their summons to appear in court at the Civic Center on June 1, Panola County Circuit Clerk Melissa Meek-Phelps said in a news release.

Prospective jurors maintained social distancing by sitting with five empty seats between them and alternating empty rows. County personnel took temperatures of visitors as they arrived at the arena. Hand sanitizer and masks were provided for people entering the building. Anyone who was ill, had health conditions that could put them at risk for COVID-19, was over age 65, a caregiver or had recently performed jury service, was excused.

The Civic Center is a venue for concerts, motorcycle and monster truck shows, rodeos and other entertainment. The Panola County Board of Supervisors on June 1 officially adopted a resolution declaring it the courthouse for the Second Judicial District of Panola County during the coronavirus pandemic.

A jury was selected to hear the trial of Clinton Winters, 44, of Webb, who faced charges of methamphetamine possession. He was found guilty on the afternoon of June 2. Winters remains in custody and will be sentenced at a later date.


Pandemic means a silent June at the Supreme Court
Court Watch | 2020/06/04 09:56
It’s the time of the year when Supreme Court justices can get testy. They might have to find a new way to show it.

The court’s most fought-over decisions in its most consequential cases often come in June, with dueling majority and dissenting opinions. But when a justice is truly steamed to be on a decision’s losing side, the strongest form of protest is reading a summary of the dissent aloud in court. Dissenting justices exercise what a pair of scholars call the “nuclear option” just a handful of times a year, but when they do, they signal that behind the scenes, there’s frustration and even anger.

The coronavirus pandemic has kept the justices from their courtroom since March and forced them to change their ways in many respects. Now, in their season of weighty decisions, instead of the drama that can accompany the announcement of a majority decision and its biting dissent, the court’s opinions are being posted online without an opportunity for the justices to be heard.

University of Maryland, Baltimore County political science professor William Blake, who co-authored the article calling oral dissents the nuclear option, says a June without them would be a “missed opportunity.” They are “a chance to see the justices as exhibiting emotions,” not just the logic of their opinions, he said.


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