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Russian court says bobsledder can keep Olympic titles
Court Watch News | 2019/01/09 15:23
Russian bobsledder Alexander Zubkov won a Moscow court ruling on Friday that could make it harder for the International Olympic Committee to recover his gold medals.

The Russian flagbearer at the 2014 Sochi Olympics was stripped of his two gold medals from those games in 2017 by the IOC for doping. He failed to overturn that disqualification at the Court of Arbitration for Sport last year.

But Moscow’s highest civil court in November upheld Zubkov’s claim that the CAS procedure was unfair and shouldn’t be recognized in Russia. That means Zubkov is legally recognized as an Olympic champion — but only in Russia.

On Friday, the court rejected an IOC-backed appeal from the Russian Olympic Committee, which earlier said letting Zubkov keep his medals could “give rise to doubt that Russia truly observes the main principles of the fight against doping.”

Zubkov strongly denies cheating. “I am a clean athlete. If you don’t know my story you can open Wikipedia and see how much I’ve done for sport and what I did in Sochi,” he said. “I brought gold medals here and gave sport 30 years (of my life).”

Friday’s ruling will also make it harder for Zubkov to be removed as president of the Russian Bobsled Federation, and may entitle him to a Russian state pension for retired star athletes.


Congo runner-up Fayulu asks court to order election recount
Legal Business | 2019/01/09 10:22
Congo's presidential runner-up Martin Fayulu has asked the constitutional court to order a recount in the disputed election, declaring on Saturday that "you can't manufacture results behind closed doors."

He could be risking more than the court's refusal. Congo's electoral commission president Corneille Nangaa has said there are only two options: The official results are accepted or the vote is annulled — which would keep President Joseph Kabila in power until another election. The Dec. 30 one came after two years of delays.

"They call me the people's soldier ... and I will not let the people down," Fayulu said. Evidence from witnesses at polling stations across the country is being submitted to the court, which is full of Kabila appointees.

Rifle-carrying members of Kabila's Republican Guard deployed outside Fayulu's home and the court earlier Saturday. It was an attempt to stop him from filing, Fayulu said while posting a video of them on Twitter: "The fear remains in their camp."

Fayulu has accused the declared winner, opposition leader Felix Tshisekedi, of a backroom deal with Kabila to win power in the mineral-rich nation as the ruling party candidate, Emmanuel Ramazani Shadary, did poorly.

The opposition coalition for Fayulu, a businessman vocal about cleaning up widespread corruption, has said he won 61 percent of the vote, citing figures compiled by the Catholic Church's 40,000 election observers across the vast Central African country.



Court orders mediation in Maryland desegregation case
Headline Topics | 2019/01/06 15:33
A federal appeals court has ordered a fourth attempt at mediation in a long-running dispute over the state of Maryland’s treatment of its historically black colleges.

The black colleges say the state has underfunded them while developing programs at traditionally white schools that directly compete with them and drain prospective students away.

In 2013, a judge found that the state had maintained an unconstitutional “dual and segregated education system.” The judge said the state allowed traditionally white schools to replicate programs at historically black institutions, thereby undermining the success of the black schools.

Despite three previous tries at mediation, the two sides have been unable to agree on a solution.

On Wednesday, a three-judge panel of the 4th U.S. Circuit Court of Appeals ordered Maryland’s higher education commission and the coalition to begin mediation again to try to settle the 12-year-old lawsuit.


Appeals court sides with Trump in transgender military case
Headline Topics | 2019/01/04 15:36
A federal appeals court is siding with the Trump administration in a case about the Pentagon's policy of restricting military service by transgender people.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled Friday that a lower-court judge was wrong to block the Pentagon from implementing its preferred policy. The unsigned ruling will not allow the Pentagon to put in place its desired policy, however, because three other judges have entered orders blocking the administration in similar cases.

Military policy until a few years ago had barred service by transgender people. That changed under President Barack Obama, but President Donald Trump said he would reverse course, leading to lawsuits by transgender people.

The administration already has asked the Supreme Court to weigh in on the issue. The high court has not said whether it will.


New justice to be sworn in on North Carolina Supreme Court
Interview | 2019/01/02 11:37
A civil rights attorney elected to North Carolina's highest court is taking office.

Anita Earls is being sworn into office as a state Supreme Court associate justice on Thursday. The Democrat defeated Republican incumbent Justice Barbara Jackson in November.

Earls founded and led the Durham-based Southern Coalition for Social Justice. She was a deputy assistant attorney general for civil rights at the U.S. Justice Department during the Clinton administration.

Earls also served the state elections board and taught at Duke University, the University of North Carolina at Chapel Hill and the University of Maryland. She earned her law degree from Yale.



Missouri death row inmate asks US Supreme Court to intervene
Blog Updates | 2019/01/01 00:19
A Missouri death row inmate who lost substantial brain tissue during a surgery plans to ask the U.S. Supreme Court to review his case, saying his planned execution by lethal injection could subject him to severe pain.

The Columbia Daily Tribune reported Thursday that Ernest Lee Johnson plans to argue that the loss of brain tissue could mean he has seizures and severe pain in reaction to Missouri’s execution drug.

Johnson was sentenced to death for killing three convenience store workers during a Columbia robbery in 1994.

Johnson’s appeal is moving through lower courts. But Johnson’s attorneys plan to ask the U.S. Supreme Court to intervene because the high court is currently considering a similar case of another Missouri death row inmate with a rare medical condition that causes blood-filled tumors.

Both argue complications with their conditions and the execution drug could lead to cruel and unusual punishment.


The Latest: Shutdown affects court cases that involve Trump
Legal Business | 2018/12/29 00:19
The partial government shutdown has prompted the chief judge of Manhattan federal courts to suspend work on civil cases involving U.S. government lawyers. The order suspends action in several civil lawsuits in which President Donald Trump is a defendant.

Judge Colleen McMahon said in a written order that the suspension will remain in effect until the business day after the president signs a budget appropriation law restoring Justice Department funding.

The Manhattan courts, with several dozen judges, are among the nation’s busiest courts.

In one case involving Trump, a judge last week ruled that a group of people suing Trump and his three eldest children can remain anonymous because they fear retaliation by the president or his followers.

Back from a 29-hour trip to visit U.S. troops in Iraq, President Donald Trump is returning his attention to the ongoing partial U.S. government shutdown, which is in its sixth day.

In a morning tweet, Trump says “we desperately need” a wall on the U.S.-Mexico border, funding for which has been a flashpoint between the White House and Congress ever since Trump took office.

The president is calling on Democrats in Congress to fund his wall, saying the shutdown affects their supporters. He says: “Do the Dems realize that most of the people not getting paid are Democrats?”

Hundreds of thousands of federal workers are on unpaid furlough and even more are required to work without pay after Trump and Congress could not reach consensus on a short-term funding bill last week.


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