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Ginsburg, 85, hospitalized after fracturing 3 ribs in fall
Court Watch | 2018/11/07 02:39
Eighty-five-year-old Supreme Court Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital, the court said Thursday.

The court’s oldest justice fell Wednesday evening, the court said. She called Supreme Court police to take her to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight, court spokeswoman Kathy Arberg said.

She was admitted to the hospital for treatment and observation after tests showed she fractured three ribs.

In her absence, the court went ahead Thursday with a courtroom ceremony welcoming new Justice Brett Kavanaugh, who joined the court last month. President Donald Trump and new acting Attorney General Matthew Whitaker were on hand.

Ginsburg has had a series of health problems. She broke two ribs in a fall in 2012. She has had two prior bouts with cancer and had a stent implanted to open a blocked artery in 2014. She also was hospitalized after a bad reaction to medicine in 2009.

But she has never missed Supreme Court arguments. The court won’t hear arguments again until Nov. 26.

Rib fractures are common among older adults, particularly after falls. The severity depends in part on whether the ribs are cracked or broken all the way through, and how many are broken. The extent of Ginsburg’s injury was not clear.

A complete break requires making sure the two ends are in alignment, so that a sharp piece of bone doesn’t puncture nearby blood vessels or organs. Broken ribs typically heal on their own in six weeks to a month, and patients are advised to limit strenuous activity. But they can be very painful and controlling pain is key. A chief complication is pneumonia, when patients don’t breathe deeply enough or cough enough because of the rib pain.

Appointed by President Bill Clinton in 1993, Ginsburg rebuffed suggestions from some liberals that she should step down in the first two years of President Barack Obama’s second term, when Democrats also controlled the Senate and would have been likely to confirm her successor.

She already has hired clerks for the term that extends into 2020, indicating she has no plans to retire. Ginsburg leads the court’s liberal wing.


Heated congressional, court races on Arkansas midterm ballot
Court Watch | 2018/11/03 22:12
A push by Democrats to flip a Republican-held congressional seat that represents the Little Rock area and a state Supreme Court race that has drawn heavy spending by a conservative interest group have drawn the most attention in Arkansas' midterm election.

The campaigns for the 2nd Congressional District and state Supreme Court seats became increasingly bitter and expensive in the run-up to Tuesday's election, especially from outside groups that have been airing attack ads and sending mailers. The races have overshadowed an election in which Democrats face long odds of making gains in the solidly Republican state.
 
The secretary of state's office hasn't predicted how many of Arkansas' nearly 1.8 million registered voters will cast ballots in the election, but more than 350,000 had voted early through Friday.

Republicans have a solid hold on Arkansas' four U.S. House seats and President Donald Trump easily won the state two years ago, but Democrats believe they have a chance to flip a Little Rock-area district by focusing on the incumbent's vote to repeal the federal health care law.

Democrat Clarke Tucker is trying to unseat two-term Republican Rep. French Hill in the 2nd Congressional District, which represents Little Rock and seven surrounding counties. Tucker is a state legislator who regularly talks about his battle with bladder cancer and his support for the Affordable Care Act, especially its protections for those with pre-existing conditions




Synagogue suspect at courthouse; survivors recall ordeal
Court Watch | 2018/10/27 02:30
The man accused in the Pittsburgh synagogue massacre was released from a hospital and turned over to federal authorities for a court appearance Monday on charges he killed 11 people in what is believed to be the deadliest attack on Jews in U.S. history.

Robert Gregory Bowers, 46, who was shot and wounded in a gun battle with police, arrived at the federal courthouse in downtown Pittsburgh less than two hours after his release from Allegheny General Hospital, according to U.S. marshals. A government car with a wheelchair visible inside could be seen arriving earlier.

Federal prosecutors set in motion plans to seek the death penalty against Bowers, who authorities say expressed hatred of Jews during the rampage and later told police that "I just want to kill Jews" and that "all these Jews need to die."

The first funeral — for Cecil Rosenthal and his younger brother, David — was set for Tuesday. Survivors, meanwhile, began offering harrowing accounts of the mass shooting Saturday inside Tree of Life Synagogue. Barry Werber said he found himself hiding in a dark storage closet as the gunman tore through the building and opened fire.



Virginia top court to hear 'unrestorably incompetent' case
Court Watch | 2018/10/23 11:07
More than 13 years after a 16-year-old girl was found raped and murdered, the case of the man whose DNA was found at the scene is heading to the Virginia Supreme Court.

The Richmond Times-Dispatch reports 46-year-old Oswaldo Elias Martinez has never stood trial in Brittany Binger's 2005 death. Deemed incompetent because he can't speak or hear, he's been held in jail and mental hospitals.

Martinez's lawyers want his capital murder charge dismissed. Their filing says the state law used to hold him permits detention only for "medical" treatment to restore competency.

The state tried to teach Martinez sign language to assist in his defense. Commonwealth's Attorney Nate Green says someone "unrestorably incompetent" who's charged with capital murder and poses a danger must continue along the restoration process.


EU court orders Poland to reinstate Supreme Court judges
Court Watch | 2018/10/20 14:02
The European Union's top court ordered Poland on Friday to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing some 20 off the bench.

The interim injunction from the European Court of Justice also obliges EU member Poland to reinstate the judges who had to retire early after the law took effect in July. It lowered the age limit for Supreme Court service from 70 to 65.

The powerful leader of Poland's conservative ruling party, Jaroslaw Kaczynski, said Poland would observe EU law, but not whether the government would comply with the order. He also said the government would do all it could to "defend our state interest."

The European Commission, the EU's executive branch, asked for the injunction while the Court of Justice considers its challenge to the age cap as a violation of EU laws on judicial independence and the right to a fair trial. A ruling in the main proceedings is expected later.

Supreme Court judges, arguing the forced retirements are an infringement of Poland's Constitution, also have sought the European court's opinion.

Kaczynski's Law and Justice party has made overhauling the judicial system a key focus since it came to power in 2015. The government maintains that removing justices who were active during Poland's communist era will make the courts more efficient and fairer.

Among the evidence Court of Justice Vice President Rosario Silva de Lapuerta cited in the order was "a profound and immediate change in the composition of the Supreme Court" since the disputed law went into force. Along with the retirements, an increase in court seats from 93 to 120 created more than 44 vacancies, and President Andrzej Duda has filled at least 27 of them, Lapuerta said.



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