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Court allows Pennsylvania to redraw GOP-favored district map
Topics in Legal News | 2018/02/06 23:16
Justice Samuel Alito, who handles emergency appeals from Pennsylvania, rejected the request from GOP legislative leaders and voters to put on hold an order from the state Supreme Court intended to produce new congressional districts in the coming two weeks.

The Pennsylvania high court ruled last month that the current map of 18 districts violates the state constitution because it unfairly benefits Republicans.

The decision comes just four days before the Republican-controlled Legislature's deadline for submitting a replacement map for Democratic Gov. Tom Wolf to consider. So far, there has been a notable lack of bipartisan movement on getting such a deal.

Pennsylvania's congressional delegation has been 13-5 in favor of Republicans during the three election cycles since the GOP-drawn 2011 map took effect, and experts have said those 13 seats are several more than would have been produced by a nonpartisan map.

Democrats have about 800,000 more registered voters than Republicans and hold all three elected statewide row offices, but Republicans enjoy solid majorities in both chambers of the Legislature.

Under the process laid out two weeks ago by four of the seven Pennsylvania Supreme Court justices, all Democrats, the Legislature has until Friday to approve a new map, after which Wolf will have until Feb. 15 to decide whether to endorse it and submit it to the justices.

Senate Republican Leader Jake Corman said Monday he's had "zero" discussions with Wolf and legislative leaders about new district boundaries and could not guarantee he will meet the deadline.

The state Supreme Court said it expects new districts to be in place by Feb. 19, and the new map is expected to be in play for the May 15 congressional primaries.


Samsung heir freed after appeal wins suspended jail term
Topics in Legal News | 2018/02/02 23:17
Samsung heir Lee Jae-yong was freed Monday after a South Korean appeals court gave him a 2 ½-year suspended jail sentence for corruption in connection with a scandal that toppled the country's president.

The Seoul High Court softened the original ruling against Lee, rejecting most of the bribery charges leveled against Lee by prosecutors who sought a 12-year prison term.

While the ruling clears the way for the Samsung vice chairman to resume his role at the helm of the industrial giant founded by his grandfather after a year in prison, he faces a slew of challenges outside prison.

Chief among them will be winning trust that he is capable of running South Korea's biggest company, and assuaging public anger among those who viewed the court's surprise decision as a setback in the war on corruptions.

"The past year was a precious time for personal reflection," Lee told reporters waiting outside the gates of a detention center in southern Seoul.

Lee's first stop from the prison was a Samsung hospital where his father has been hospitalized after suffering a heart attack in 2014.

Lee was charged with offering $38 million in bribes to former President Park Geun-hye and her confidant Choi Soon-sil, embezzling Samsung funds, hiding assets overseas, concealing proceeds from criminal activities and perjury.

The appeals court said Lee was unable to reject the then-president's request to financially support her confidante and was coerced into making the payments. The court still found Lee guilty of giving 3.6 billion won ($3.3 million) in bribes for equestrian training of Choi's daughter and of embezzling the money from Samsung funds.

Lee's lawyer, Lee Injae, told reporters that the Samsung vice chairman still plans to appeal his conviction. Prosecutors also were expected to appeal the court's ruling, making it almost certain the case will go to the Supreme Court.

Lee, 49 and the only son of Samsung's ailing chairman, was given a five-year prison term in August on bribery and other charges linked to a political scandal that took down former South Korean President Park Geun-hye.

Lee has pleaded not guilty to charges he used Samsung corporate funds to bribe Park and a confidante, seeking to consolidate his control over Samsung and facilitate a smooth transfer of corporate leadership from his father. The appeals court rejected the lower court's view that corporate succession was one of the issues at stake.

Many South Koreans were expecting a tough stance from the appeals court and took to social media and online news portals to vent their anger at the ruling and the judge who issued the verdict.


Kenya's High Court orders government's TV shutdown to end
Topics in Legal News | 2018/02/01 10:11
Kenya's High Court on Thursday ordered the government to end its shutdown of the country's top three TV stations after they tried to broadcast images of the opposition leader's mock inauguration, a ceremony considered treasonous.

Journalists and human rights groups have raised an outcry over the shutdown of live transmissions that began Tuesday. Some journalists told The Associated Press they spent the night in their newsroom to avoid arrest.

Opposition leader Raila Odinga on Tuesday declared himself "the people's president" in protest of President Uhuru Kenyatta's election win last year, in a ceremony attended by tens of thousands of supporters in the capital, Nairobi. Odinga claims the vote was rigged and that electoral reforms in the East African nation have not been made.

The government responded to Odinga's "swearing-in" by declaring the opposition movement a criminal organization and investigating "conspirators" in Tuesday's ceremony. An opposition lawmaker who stood beside Odinga and wore judicial dress was arrested Wednesday and taken to court, where police fired tear gas at his supporters. It was not clear what charges the lawmaker, T.J. Kajwang, faced.

Kenya's interior minister, Fred Matiangi, on Wednesday said the TV stations and some radio stations would remain shut down while being investigated for their alleged role in what he called an attempt to "subvert and overthrow" Kenyatta's government. Matiangi claimed that the media's complicity in the mock inauguration would have led to the deaths of thousands of Kenyans.

But on Thursday, High Court Judge Chacha Mwita directed the government to restore the transmission for the Kenya Television Network, Citizen Television and Nation Television News and not to interfere with the stations until a case challenging their shutdown is heard.


Pennsylvania court throws out congressional boundaries
Topics in Legal News | 2018/01/22 17:10
The Pennsylvania Supreme Court struck down the state's widely criticized congressional map Monday, granting a major victory to Democrats who alleged the 18 districts were unconstitutionally gerrymandered to benefit Republicans and setting off a scramble to draw a new map.

In the Democratic-controlled court's decision, the majority said the boundaries "clearly, plainly and palpably" violate the state's constitution and blocked the boundaries from remaining in effect for the 2018 elections with just weeks until dozens of people file paperwork to run for Congress.

The justices gave the Republican-controlled Legislature until Feb. 9 to pass a replacement and Democratic Gov. Tom Wolf until Feb. 15 to submit it to the court. Otherwise, the justices said they will adopt a plan in an effort to keep the May 15 primary election on track.

The decision comes amid a national tide of gerrymandering cases, including some that have reached the U.S. Supreme Court.

Democrats cheered the decision to toss out a Republican-drawn map used in three general elections going back to 2012. The map, they say, gave Republicans crucial help in securing 13 of 18 seats in a state where registered Democratic voters outnumber Republicans 5 to 4.

"We won the whole thing," said David Gersch of the Arnold & Porter Kaye Scholer law firm in Washington, D.C., which is helping represent the group of registered Democrats who filed the lawsuit last June.

The defendants — top Republican lawmakers — said they would ask the U.S. Supreme Court this week to step in and put the decision on hold. The state court's decision lacks clarity, precedent and respect for the constitution and would introduce chaos into the state's congressional races, they said.

The Senate's top Republican lawyer, Drew Crompton, called the timeline to draw new districts "borderline unworkable," but said Republicans will do everything they can to comply.


Supreme Court delays order for North Carolina to redraw maps
Topics in Legal News | 2018/01/19 17:10
The U.S. Supreme Court on Thursday delayed a lower-court order that would have forced North Carolina Republican lawmakers to redraw the state's congressional districts by next week because of excessive partisan bias in current lines.

The justices announced the stay after legal briefs were filed for and against the GOP legislators' request for a delay. Their lawyers successfully argued that a three-judge panel's ruling last week declaring the state congressional map an illegal partisan gerrymander should be on hold while similar cases involving Wisconsin legislative districts and one Maryland congressional district before the Supreme Court are considered. The court has never declared that the inherently political process of redistricting can be too partisan.

Voter advocacy groups and Democratic voters who sued over the map — heavily weighted toward Republicans in a closely divided state — argued no delay was necessary because it would be struck down however the justices rule in the other cases.

The Supreme Court's order said the delay remains in place while the case is appealed. The request was considered by the entire court, and Justices Ruth Bader Ginsburg and Sonia Sotomayor would have denied the request for the delay, according to the order.

GOP Rep. David Lewis and Sen. Ralph Hise, redistricting leaders at the state General Assembly, praised the intervention in a release. "We are grateful that a bipartisan U.S. Supreme Court has overwhelmingly halted the lower court's 11th-hour attempt to intervene in election outcomes" and restored certainty to voters about their districts, they said.



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