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French court upholds stripping citizenship in terror case
Legal Interview | 2015/01/30 13:15
France's top court on Friday upheld the government's decision to strip the citizenship of a Franco-Moroccan man convicted of terrorism-related crimes, amid calls to expand such measures after deadly attacks in Paris.

The Constitutional Court said the fight against terrorism justifies different treatment of those who were born French and those who acquired citizenship.

Existing law allows stripping citizenship only if the person has citizenship elsewhere, and targets especially those convicted of terrorism, if the crimes took place before the person became French or within 15 years of acquiring citizenship.

Franco-Moroccan Ahmed Sahnouni el-Yaacoubi, 45, had his French citizenship revoked last year, following a sentence to seven years of prison in 2013 for criminal association with a terrorist enterprise.

El-Yaacoubi was implicated in a network for recruiting jihadis for various countries. Born in Casablanca, Morocco, he became a French citizen in 2003.

Prime Minister Manuel Valls welcomed the court's "exceptional decision" confirming the state's power to strip French citizenship "every time it's necessary."

Stripping citizenship is a rare procedure in France, occurring only eight times since 1973. Some on the French right and far right recently asked the Socialist government for a change in the law to expand the state's ability to take away French citizenship.

A series of international conventions, including the European Convention of Human Rights, forbid measures that would make people stateless.


New Mexico appeals court hears assisted suicide case
Court News | 2015/01/30 13:15
Do terminally ill patients in New Mexico already have the right to end their lives?
That's what the New Mexico Court of Appeals is set to decide after hearing arguments Monday from the state and lawyers for a terminally ill woman.

The Santa Fe woman, who has advanced uterine cancer, is asking the courts to clarify New Mexico's laws putting doctors in legal trouble and preventing her from ending her life.

Last year, Second Judicial District Judge Nan Nash ruled the New Mexico Constitution prohibits the state from depriving a person of life, liberty or property without due process.

In addition, Nash found doctors could not be prosecuted under the state's assisted suicide law, which classifies helping with suicide as a fourth-degree felony.

Two doctors and Aja Riggs, the Santa Fe woman, asked the judge to determine that physicians would not be breaking the law if they wrote prescriptions for competent, terminally ill patients who wanted to end their lives.

Riggs and doctors Katherine Morris and Aroop Mangalik filed their lawsuit in 2012.

The New Mexico Attorney General's Office appealed Nash's ruling.

Scott Fuqua, director of the office's litigation division, told the court the state had no reason to keep terminally ill patients alive, but the law didn't allow doctors to prescribe medications to end patients' lives.


High court rejects military contractors appeals
Headline Legal News | 2015/01/20 12:52
The Supreme Court on Tuesday turned away three appeals from military contractor KBR Inc. that seek to shut down lawsuits over a soldier's electrocution in Iraq and open-air burn pits in Iraq and Afghanistan.

The justices offered no comment in allowing the lawsuits to proceed.

One lawsuit was filed by the parents of Staff Sgt. Ryan Maseth, who was electrocuted in his barracks shower at an Army base in Iraq in 2008. The suit claims KBR unit Kellogg Brown & Root Services Inc. was legally responsible for the shoddy electrical work that was common in Iraqi-built structures taken over by the U.S. military. KBR disputes that claim.

Dozens of lawsuits by soldiers and others assert they were harmed by improper waste disposal while serving in Iraq and Afghanistan. They seek to hold KBR and Halliburton Co. responsible for exposing soldiers to toxic emissions and contaminated water when they burned waste in open pits without proper safety controls.

The contractors say they cannot be sued because they essentially were operating in war zones as an extension of the military.

The Obama administration agreed with the contractors that lower courts should have dismissed the lawsuits, but said the Supreme Court should not get involved now because lower courts still could dismiss or narrow the claims.


Judicial candidates' appeals for campaign cash at high court
Court News | 2015/01/20 12:51
The Supreme Court is weighing whether candidates for elected judgeships have a constitutional right to make personal appeals for campaign cash.

The justices are hearing an appeal from Lanell Williams-Yulee of Tampa, Florida, who received a public reprimand for violating a Florida Bar rule that bans candidates for elected judgeships from personally soliciting donations.

The bar and many good government groups say the ban that is in place in Florida and 29 other states is important to preserve public confidence in an impartial judiciary.

A ruling for Williams-Yulee could free judicial candidates in those states to ask personally for campaign contributions.

In all, voters in 39 states elect local and state judges. In the federal judicial system, including the Supreme Court, judges are appointed to life terms and must be confirmed by the Senate.

The arguments are taking place five years after the Supreme Court freed corporations and labor unions to spend freely in federal elections. The court has generally been skeptical of limits on political campaigns, though slightly less so when it comes to those involving judges.

In 2002, the court struck down rules that were aimed at fostering impartiality among judges and barred candidates for elected judgeships from speaking out on controversial issues. But in 2009, the court held in a case from West Virginia that elected judges could be forced to step aside from ruling on cases when large campaign contributions from interested parties create the appearance of bias.


High court won't hear challenge to Vermont campaign law
Headline Legal News | 2015/01/13 13:32
The Supreme Court won't hear a challenge to part of Vermont's campaign finance laws that impose contribution limits on political action committees.

The justices on Monday declined to hear an appeal from the Vermont Right to Life Committee, an anti-abortion group. The group argued that Vermont's campaign finance registration, reporting and disclosure requirements for PACs were too broad and unconstitutional.

The group argued that a subcommittee it created should not be subject to Vermont's $2,000 limit on contributions to PACs because the subcommittee does not give money directly to candidates and makes only independent expenditures.

But a federal judge rejected those arguments, finding that there was no clear accounting between the two committees. A federal appeals court agreed.


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