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Supreme Court Justice Neil Gorsuch: Rule of law 'a blessing'
Court Watch | 2017/06/03 13:01
Supreme Court Justice Neil Gorsuch acknowledged Friday that there is "a lot of skepticism about the rule of law" in the country but defended the United States judicial system as "a blessing" and "a remarkable gift" during a talk at Harvard University.

The court's newest justice marveled that in America "nine old people in polyester black robes" and other judges can safely decide cases according to their conscience and that the government can lose cases without resorting to the use of armed force to impose its will.

"That is a heritage that is very, very special," he said. "It's a remarkable gift. Travel elsewhere. See how judges live. See whether they feel free to express themselves."

Gorsuch, made the comments during his first public appearance since joining the high court in a conversation with fellow Justice Stephen Breyer at Harvard University.

Gorsuch said that particularly in tumultuous times it's important to convince the next generation "that the project (of justice) is worth it because many of them have grave doubts."

"I think there is a lot of skepticism about the rule of law, but I see it day in and day out in the trenches — the adversarial process of lawyers coming to court and shaking hands before and after, the judges shaking hands as we do, before we ascend to the bench," he said. "That's how we resolve our differences in this society."

Gorsuch, who was nominated to the high court earlier this year by Republican President Donald Trump, said he believes there is still confidence in the judicial system. He said that 95 percent of all cases are decided in the trial court, while only 5 percent are appealed, and the Supreme Court hears about 80 cases in a good year.


Trump admin asks Supreme Court to restore travel ban
Court Watch | 2017/06/01 13:01
The Trump administration has asked the Supreme Court to restore the ban on travel to the U.S. from citizens of six Muslim-majority countries.

Per Reuters: "The administration filed two emergency applications with the nine Court justices seeking to block two different lower court rulings that went against Trump's March 6 order barring entry for people from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days while the U.S. government implements stricter visa screening."

Last week, an appeals court in Richmond upheld the block on Trump's order. Chief Judge Roger Gregory ruled that it, "speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination." There have been conflicting rulings on the order, and on Trump's earlier attempt to implement the ban, as it has worked its way though the courts.



Court: Russian hacker can be extradited to US or Russia
Court Watch | 2017/05/26 13:02
A Czech court ruled Tuesday that a Russian man who faces charges of hacking computers at American companies can be extradited either to the United States or Russia — and the suspect immediately appealed his possible extradition to the United States.

Czech authorities arrested Yevgeniy Nikulin in Prague on Oct. 5 in cooperation with the FBI after Interpol issued an international warrant. He is accused of hacking computers and stealing information from LinkedIn, Dropbox and other companies.

Moscow also wants him extradited on a separate charge of internet theft in 2009. Russian officials had previously said they were working to prevent his extradition to the U.S.

Judge Jaroslav Pytloun ruled Tuesday that the extradition requests from both countries meet all the necessary legal conditions.

The 29-year-old has denied wrongdoing.

"I'm innocent," Nikulin said through a translator at the hearing Tuesday. "I haven't done anything illegal. I have nothing to do with that."

Nikulin appealed his extradition to the United States. He has three days to decide if he will agree to being extradited to Russia.

Justice Minister Robert Pelikan will have the final say on where Nikulin goes after Prague's High Court decides on his appeal.

Nikulin's defense lawyers have rejected the U.S. charges, saying they are based on one FBI agent, and suggested the U.S. was seeking him for political reasons — to use him as a pawn in the investigation into alleged Russian hacking in the U.S. election.



South Dakota and Flandreau Santee Sioux tribe clash in court
Court Watch | 2017/05/13 14:37
The Flandreau Santee Sioux tribe is suing South Dakota over the state's interpretation that contractors working on an expansion of the Royal River Casino are required to pay contractor excise taxes to the state.

The Argus Leader reported that the lawsuit alleges it's an intrusion into tribal sovereignty and is conflicting with U.S. laws that regulate commerce on reservations.

"The economic burden and the intrusion into tribal sovereignty interfere and are incompatible with the federal and tribal interests in promoting tribal self-government, self-sufficiency and economic development," the lawsuit said.

The lawsuit is the latest clash between the tribe and the state. The tribe's casino has often been a flashpoint for disputes.

The Flandreau started expanding the casino after Gov. Dennis Daugaard agreed to allow the tribe to double the number of slots it had there. The tribe agreed to increase payments to Moody County to offset law enforcement expenses.

Daugaard's chief of staff, Tony Venhuizen, said the tribe doesn't collect the contractors' excise tax.



Trump tabs Minnesota Justice Stras for federal appeals court
Court Watch | 2017/05/10 14:38
Minnesota Supreme Court Associate Justice David Stras, who was nominated by President Donald Trump to the 8th U.S. Circuit Court of Appeals on Monday, once clerked for U.S. Supreme Court Justice Clarence Thomas and believes in a limited role for the judiciary.

Stras, 42, a former University of Minnesota Law School professor, was on Trump's list of possible Supreme Court nominees. The 8th Circuit serves Minnesota, North Dakota, South Dakota, Iowa, Nebraska, Missouri, and Arkansas.

The nomination is subject to Senate confirmation. Sen. Al Franken, a member of the Senate Judiciary Committee, said in a statement he would take a close look at Stras' record. He criticized a nomination process that he said "relied heavily on guidance from far-right ... special interest groups."

Stras planned to issue a statement later Monday.

When Stras was appointed to the Minnesota court in 2010 by then-Gov. Tim Pawlenty, Thomas traveled to Minnesota to administer the oath.

"I remain mindful that the role of a judge is a limited one, and that judges can't solve every problem," Stras said then. "But at the same time, judges play a crucial role in safeguarding liberty and protecting the rights of all citizens."

Stras has held to those beliefs, said Peter Knapp, a professor at Mitchell Hamline School of Law.



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