Friday, November 17, 2017

Burundi becomes 1st to leave International Criminal Court

Burundi has become the first country to withdraw from the International Criminal Court, but officials say the court's prosecutor will move ahead with an examination of the East African nation's deadly political turmoil. An ICC spokesman confirmed that the pullout took effect Friday, a year after Burundi notified the United Nations secretary-general of its intention to leave the court that prosecutes the world's worst atrocities. Burundi is the only one of three African nations to go ahead with withdrawal after they made moves last year to leave amid accusations that the court focuses too much on the continent. South Africa's withdrawal was revoked in March. Gambia's new government reversed its withdrawal in February. On Friday, Burundi's justice minister called the ICC withdrawal "a great achievement" in reinforcing the country's independence. Aimee Laurentine Kanyana also called on police and prosecutors to respect human rights so that "white people" won't have "false proofs to rely on in accusing Burundi." Burundi's withdrawal doesn't affect the preliminary examination of the country's situation already underway by the court's prosecutor, ICC spokesman Fadi El Abdallah told The Associated Press. That examination began in April 2016. Burundi has faced deadly political turmoil since April 2015, when President Pierre Nkurunziza announced plans to seek a disputed third term that he ultimately won.

Tuesday, August 15, 2017

Challenge filed in court to Australian gay marriage ballot

Gay-rights advocates filed a court challenge Thursday to the government's unusual plan to canvass Australians' opinion on gay marriage next month, while a retired judge said he would boycott the survey as unacceptable. The mail ballot is not binding, but the conservative government won't legislate the issue without it. If most Australians say "no," the government won't allow Parliament to consider lifting the nation's ban on same-sex marriage. Lawyers for independent lawmaker Andrew Wilkie and marriage equality advocates Shelley Argent and Felicity Marlowe, applied to the High Court for an injunction that would prevent the so-called postal plebiscite from going ahead. "We will be arguing that by going ahead without the authorization of Parliament, the government is acting beyond its power," lawyer Jonathon Hunyor said. Prime Minister Malcolm Turnbull said the government had legal advice that the postal ballot would withstand a court challenge. "I encourage every Australian to exercise their right to vote on this matter. It's an important question," Turnbull said. Gay-rights advocates and many lawmakers want Parliament to legislate marriage equality now without an opinion poll, which they see as an unjustifiable hurdle to reform. Retired High Court judge Michael Kirby, a gay man who supports marriage equality, dismissed the ballot as "irregular and unscientific polling." "It's just something we've never done in our constitutional arrangements of Australia, and it really is unacceptable," Kirby told Australian Broadcasting Corp. Kirby would not comment on the legality of the government proceeding with the 122 million Australian dollar ($96 million) ballot without Parliament's approval, but said: "I'm not going to take any part in it whatsoever." Plebiscites in Australia are referendums that don't deal with questions that change the constitution. Voting at referendums is compulsory to ensure a high voter turnout and that the legally-binding result reflects the wishes of a majority of Australians.

Friday, June 16, 2017

Trump visiting Supreme Court as justices weigh travel ban

President Donald Trump is making his first Supreme Court visit at a moment of high legal drama. The justices are weighing what to do with the president's ban on travelers from six mostly Muslim countries. But the reason for his high court trip Thursday is purely ceremonial, to mark Justice Neil Gorsuch's ascension to the bench. Trump has no role in the courtroom ceremony, but presidents often make the trip to the court from the White House to honor their nominees. While the dispute over the travel ban and other controversies have simmered during Trump's first few months in office, his choice of the 49-year-old Gorsuch for the Supreme Court won widespread praise in the legal community as well as unanimous Republican support in the Senate. A federal judge first blocked Trump's initial travel ban in early February. The president issued a revised version in March. It never took effect after judges in Maryland and Hawaii put it on hold. Two federal appeals courts have since upheld those lower court orders. The Trump administration has asked the Supreme Court to allow the ban to take effect immediately. Gorsuch actually has been a member of the high court since April, and he even issued his first opinion on Monday. The investiture ceremony typically takes place before a new justice's first day on the bench, but Gorsuch was confirmed and sworn in on a tight schedule. He filled the seat that had been held for nearly 30 years by Justice Antonin Scalia, who died in February 2016. The high court seat was vacant for nearly 14 months after Senate Republicans refused to take up President Barack Obama's nomination of Judge Merrick Garland.
Proponents of a lawsuit challenging Gov. C.L. "Butch" Otter's veto of a contentious grocery tax repeal bill will present arguments in front of the Idaho Supreme Court on Thursday. State GOP Reps. Ron Nate and Bryan Zollinger, both from eastern Idaho, spearheaded a lawsuit in April arguing that the Idaho Constitution says a governor has 10 days to veto a bill immediately after the Legislature adjourns.In 1978, the Idaho Supreme Court ruled a governor has 10 days to veto or approve a bill starting when it lands on his desk. However, 30 lawmakers have signed on with Nate and Zollinger urging the court to overturn its previous decision — a request rarely granted by courts due to a preference to follow prior judicial precedent. The lawsuit has attracted the support of House Assistant Majority Leader Brent Crane and House Majority Caucus Chairman John Vander Woude and House Judiciary, Rules and Administration Committee Chairman Lynn Luker in the lawsuit. Also named in the petition is GOP Rep. Heather Scott of Blanchard, who helped lead an organized movement to disrupt progress inside the Statehouse this year to protest legislative leadership. Other legislators include Sen. Cliff Bayer of Meridian, who was the original sponsor of the grocery tax repeal bill this year. Idaho's top lawmakers are countering that the lawsuit is unnecessary because the court has already ruled that the deadline kicks in when the governor receives the bill. Secretary of State Lawerence Denney has also warned that if the court overturned the nearly 40-year-old ruling, it is unknown how many other post-legislative adjournment vetoes would be affected.