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Trump asks US Supreme Court to overturn Colorado ruling
Blog Updates | 2024/01/04 13:32
Former President Donald Trump on Wednesday asked the U.S. Supreme Court to overturn a ruling barring him from the Colorado ballot, setting up a high-stakes showdown over whether a constitutional provision prohibiting those who “engaged in insurrection” will end his political career.

Trump appealed a 4-3 ruling in December by the Colorado Supreme Court that marked the first time in history that Section 3 of the 14th Amendment was used to bar a presidential contender from the ballot. The court found that Trump’s role in the Jan. 6, 2021, attack on the U.S. Capitol disqualified him under the clause.

The provision has been used so sparingly in American history that the U.S. Supreme Court has never ruled on it. Wednesday’s development came a day after Trump’s legal team filed an appeal against a ruling by Maine’s Democratic Secretary of State, Shenna Bellows, that Trump was ineligible to appear on that state’s ballot over his role in the Capitol attack. Both the Colorado Supreme Court and the Maine secretary of state’s rulings are on hold until the appeals play out.

Trump’s critics have filed dozens of lawsuits seeking to disqualify him in multiple states. He lost Colorado by 13 percentage points in 2020 and does not need to win the state to gain either the Republican presidential nomination or the presidency. But the Colorado ruling has the potential to prompt courts or secretaries of state to remove him from the ballot in other, must-win states.

None had succeeded until a slim majority of Colorado’s seven justices — all appointed by Democratic governors — ruled last month against Trump. Critics warned that it was an overreach and that the court could not simply declare that the Jan. 6 attack was an “insurrection” without a judicial process.

“The Colorado Supreme Court decision would unconstitutionally disenfranchise millions of voters in Colorado and likely be used as a template to disenfranchise tens of millions of voters nationwide,” Trump’s lawyers wrote in their appeal to the nation’s highest court, noting that Maine has already followed Colorado’s lead.


Britain cracks down on protests in threat to democratic norms
Blog Updates | 2023/12/26 12:03
For holding a sign outside a courthouse reminding jurors of their right to acquit defendants, a retiree faces up to two years in prison. For hanging a banner reading “Just Stop Oil” off a bridge, an engineer got a three-year prison sentence. Just for walking slowly down the street, scores of people have been arrested.

They are among hundreds of environmental activists arrested for peaceful demonstrations in the U.K., where tough new laws restrict the right to protest.

The Conservative government says the laws prevent extremist activists from hurting the economy and disrupting daily life. Critics say civil rights are being eroded without enough scrutiny from lawmakers or protection by the courts. They say the sweeping arrests of peaceful demonstrators, along with government officials labeling environmental activists extremists, mark a worrying departure for a liberal democracy.

“Legitimate protest is part of what makes any country a safe and civilized place to live,” said Jonathon Porritt, an ecologist and former director of Friends of the Earth, who joined a vigil outside London’s Central Criminal Court to protest the treatment of demonstrators.

“The government has made its intent very clear, which is basically to suppress what is legitimate, lawful protest and to use every conceivable mechanism at their disposal to do that.”

Britain is one of the world’s oldest democracies, home of the Magna Carta, a centuries-old Parliament and an independent judiciary. That democratic system is underpinned by an “unwritten constitution” — a set of laws, rules, conventions and judicial decisions accumulated over hundreds of years.

The effect of that patchwork is “we rely on self-restraint by governments,” said Andrew Blick, author of “Democratic Turbulence in the United Kingdom” and a political scientist at King’s College London. “You hope the people in power are going to behave themselves.”

But what if they don’t? During three turbulent and scandal-tarnished years in office, Boris Johnson pushed prime ministerial power to the limits. More recently, Prime Minister Rishi Sunak has asked Parliament to overrule the U.K. Supreme Court, which blocked a plan to send asylum-seekers to Rwanda.

Such actions have piled pressure on Britain’s democratic foundations. Critics say cracks have appeared.

As former Conservative justice minister David Lidington put it: “The ‘good chap’ theory of checks and balances has now been tested to destruction.”


Late Justice Sandra Day O’Connor honored at Supreme Court ceremony
Blog Updates | 2023/12/18 11:49
Justice Sandra Day O’Connor, the first woman to serve on the U.S. Supreme Court, was remembered Monday as a trailblazer who never lost sight of how the high court’s decisions affected all Americans.

O’Connor, an Arizona native who was an unwavering voice of moderate conservatism for more than two decades, died Dec. 1 at age 93. Mourners at the court on Monday included Vice President Kamala Harris, the first woman to serve in her role, and her husband Doug Emhoff.

Supreme Court Justice Sonia Sotomayor spoke at a private ceremony that included the nine justices and retired Justice Anthony Kennedy, as well as O’Connor’s family and court colleagues.

She would often say, ‘It was good to be the first, but I don’t want to be the last,’” Sotomayor said of O’Connor’s distinction as the first woman. She lived to see a record four women serving on the high court.

“For the four us, and for so many others of every background and aspiration, Sandra was a living example that women could take on any challenge, could more than hold their own in any spaces dominated by men and could do so with grace,” Sotomayor said.

O’Connor’s body lay in repose after her casket was carried up the court steps with her seven grandchildren serving as honorary pallbearers. It passed under the iconic words engraved on the pediment, “Equal Justice Under Law,” before being placed in the court’s Great Hall for the public to pay their respects.

Funeral services are set for Tuesday at Washington National Cathedral, where President Joe Biden and Chief Justice John Roberts are scheduled to speak.

O’Connor was nominated in 1981 by President Ronald Reagan and confirmed by the Senate, ending 191 years of male exclusivity on the high court. A rancher’s daughter who was largely unknown on the national scene until her appointment, she received more letters than any other member in the court’s history in her first year and would come to be referred to by commentators as the nation’s most powerful woman.

O’Connor had “an extraordinary understanding of the American people,” and never lost sight of how high court rulings affected ordinary Americans, Sotomayor said.

She was also instrumental in bringing the justices together with regular lunches, barbecues and trips to the theater. “She understood that personal relationships are critical to working together,” the justice said.


Trump decides against testifying for second time in NY civil fraud trial
Blog Updates | 2023/12/13 09:42
Donald Trump said Sunday he has decided against testifying for a second time at his New York civil fraud trial, posting on social media a day before his scheduled appearance that he “very successfully & conclusively” testified last month and saw no need to do so again.

The former president, the leading contender for the 2024 Republican nomination, had been expected to return to the witness stand Monday as a coda to his defense against New York Attorney General Letitia James ' lawsuit.

James, a Democrat, alleges Trump inflated his wealth on financial statements used in securing loans and making deals. The case threatens Trump’s real estate empire and cuts to the heart of his image as a successful businessman.

“I will not be testifying on Monday,” Trump wrote in an all-capital-letters, multipart statement on his Truth Social platform less than 20 hours before he was to take the witness stand.

“I have already testified to everything & have nothing more to say,” Trump added, leaving the final word among defense witnesses to an accounting expert hired by his legal team who testified last week that he found “no evidence, whatsoever, for any accounting fraud” in Trump’s financial statements.

A Trump spokesperson did not immediately respond to questions about his decision.

The decision was an abrupt change from Trump’s posture in recent days, when his lawyers said he was insistent on testifying again despite their concerns about a gag order that has cost him $15,000 in fines for disparaging the judge’s law clerk.

“President Trump has already testified. There is really nothing more to say to a judge who has imposed an unconstitutional gag order and thus far appears to have ignored President Trump’s testimony and that of everyone else involved in the complex financial transactions at issue in the case,” Trump lawyer Christopher Kise said Sunday.

Trump’s decision came days after his son, Eric Trump, ditched his return appearance on the witness stand. Trump said on social media that he’d told Eric to cancel. It also follows Trump’s first trip back to court since he testified in the case on Nov. 6. Last Thursday, he watched from the defense table as the accounting professor, New York University professor Eli Bartov, blasted the state’s case and said Trump’s financial statements “were not materially misstated.”

Trump’s cancellation caught court officials by surprise. Without Trump on the witness stand, the trial will be on hold until Tuesday, when Bartov will finish his testimony. State lawyers say they’ll then call at least one rebuttal witness.


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