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Dutch Supreme Court upholds weapon smuggling conviction
Law Firm News | 2018/12/15 11:24
The Dutch Supreme Court has upheld the war crimes conviction of a timber dealer who was found guilty last year of selling arms to former Liberian leader Charles Taylor and of complicity in war crimes committed by Taylor's forces in Liberia and Guinea from 2000 to 2003.

Guus Kouwenhoven was first convicted of arms smuggling in 2006 but later cleared on appeal. He was convicted in April last year based on new evidence and sentenced to 19 years in prison.

The Supreme Court on Tuesday rejected an argument by Kouwenhoven's lawyer that Dutch courts couldn't prosecute him because of an amnesty Taylor proclaimed in 2003 shortly before stepping down as Liberia's president.

Kouwenhoven was detained last year in South Africa and is awaiting extradition to the Netherlands.


Polish president signs bill reinstating Supreme Court judges
Legal Information | 2018/12/14 11:24
Poland's president signed legislation Monday that reinstates Supreme Court judges who were forced into early retirement despite the European Union condemning the removals as a violation of democratic standards.

Earlier in the day, the EU's top court, the European Court of Justice, ruled that Poland needed to suspend a law that lowered the retirement age for Supreme Court judges and to put about two dozen justices the law had affected back on the bench.

President Andrzej Duda signed the revisions that removed the early retirement provisions, presidential aide Pawel Mucha said late Monday. The quick response comes amid a broader push by Poland's conservative ruling party, Law and Justice, to ease tensions with the EU.

Monday's ruling confirmed the Court of Justice's interim judgment from October ordering Poland to reinstate justices who were forced to step down when the retirement age was lowered from 70 to 65. The European Commission, which enforces EU law in member countries, had asked the court to review Poland's law.

The commission viewed the forced retirements of the judges as erosions of judicial independence and democratic standards because it gave the legislative and executive branches of government unprecedented control over the courts.



Supreme Court won't hear Planned Parenthood case
Law Firm News | 2018/12/12 12:28
The Supreme Court is avoiding a high-profile case by rejecting appeals from Kansas and Louisiana in their effort to strip Medicaid money from Planned Parenthood over the dissenting votes of three justices.

Lower courts in both states had blocked the states from withholding money that is used for health services for low-income women. The money is not used for abortions. Abortion opponents have said Planned Parenthood should not receive any government money because of heavily edited videos that claimed to show the nation's largest abortion provider profiting from sales of fetal tissue for medical research.

Investigations sparked by the videos in several states didn't result in criminal charges.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch said they would have heard the case.

It takes four votes on the nine-justice court to grant review, so neither Chief Justice John Roberts nor new Justice Brett Kavanaugh was willing to join their conservative colleagues to hear the Medicaid funding challenge.

Thomas wrote for the three dissenters that the court seems to be ducking a case it should decide because it involves Planned Parenthood. "But these cases are not about abortion rights," Thomas wrote.

The issue is who has the right to challenge a state's Medicaid funding decisions, private individuals or only the federal government. The states say that the Medicaid program, a joint venture of federal and state governments to provide health care to poorer Americans, makes clear that only the Secretary of Health and Human Services can intervene, by withholding money from a state.



Mexico president blasts 'stratospheric' supreme court wages
Attorney Interview | 2018/12/11 12:24
The Mexican president is butting heads with the Supreme Court just one week into office after judges suspended a law that would cap public sector salaries, one of his key campaign promises.

President Andres Manuel Lopez Obrador accused the judges of looking after their own pocketbooks and of failing to grasp the "new reality" that his administration represents. The salary cuts are part of a rebalance in government that aims to raise wages for lower income workers while chopping those of top officials.

"They themselves decide that they are going to keep receiving exaggerated, stratospheric salaries - salaries of up to 600,000 pesos ($29,000) a month - those who impart justice," Lopez Obrador complained to reporters Saturday, before repeating one of his favorite mantras: "There can't be a rich government with a poor people."

The freeze throws into question the government's 2019 budget plans, which are due on Dec. 15. The suspension is pending a definitive ruling by the court.

The Mexican Congress decreed in November that, with few exceptions, no public employee should earn more than the president. Lopez Obrador's Morena party has a majority in both houses of Congress. The National Human Rights Commission then asked the court to review the law, saying it appeared to violate the constitution.


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