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Court raises chances of diesel bans in German city
Legal Information |
2017/07/22 16:53
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A court opened the door on Friday for possible bans on older diesel cars in the German city of Stuttgart, a major auto industry center, upholding a complaint by an environmental group.
The city's administrative court ordered the state government in Baden-Wuerttemberg to rework a plan to improve the air quality in Stuttgart, saying that it wouldn't bring improvements sufficiently fast, news agency dpa reported.
The state has been trying to avoid unpopular bans on diesel cars thanks to automakers' pledges to retrofit vehicles. But judge Wolfgang Kern said that a year-round ban would the most effective way of keeping to permitted nitrogen dioxide levels, which Stuttgart often exceeds.
The Environmental Action Germany group challenged a clean air plan for Stuttgart that is due to take effect in January.
Friday's ruling leaves open whether, when and how diesel models might be banned. But it increases pressure on German politicians at a time when diesel is under intense scrutiny.
The industry is currently looking for a way out of persistent troubles over excessive diesel emissions, and the government is hosting a meeting with auto bosses next week to discuss ways to reduce them. |
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Idaho Supreme Court upholds grocery tax veto
Legal Information |
2017/07/19 23:24
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The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.
The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.
Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.
However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.
"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.
Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.
For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session.
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Relatives of Slain US Troops Describe Loss to Jordan Court
Legal Information |
2017/07/04 23:26
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Relatives of two of the three U.S. military trainers shot dead at the gate of a Jordanian air base last year have described the pain of their loss to a military court trying the alleged killer.
The family members attended a court hearing in Jordan's capital Monday and will remain until the verdict, expected next week.
A Jordanian soldier charged with murder in the shootings faces life in prison if convicted.
The soldier, who allegedly opened deadly fire on U.S. troops at the gate, has pleaded "not guilty." The judge has said he has no ties to terrorist groups.
The defense attorney said his client fired because he feared the base was under attack The prosecutor said the defendant acted with intent, having fired dozens of rounds over several minutes.
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Case of gay couple's wedding cake heads to Supreme Court
Legal Information |
2017/06/30 16:02
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A Colorado clash between gay rights and religion started as an angry Facebook posting about a wedding cake but now has big implications for anti-discrimination laws in 22 states.
Baker Jack Phillips is challenging a Colorado law that says he was wrong to have turned away a same-sex couple who wanted a cake to celebrate their 2012 wedding.
The justices said Monday they will consider Phillips' case, which could affect all states. Twenty-two states include sexual orientation in anti-discrimination laws that bar discrimination in public accommodations.
Phillips argues that he turned away Charlie Craig and David Mullins not because they are gay, but because their wedding violated Phillips' religious belief.
After the couple was turned away in 2012, they complained about Masterpiece Cakeshop on Facebook, then filed a complaint with the Colorado Civil Rights Commission. The state sided with the couple.
"It solidified the right of our community to have a right to public accommodations, so future couples are not turned away from a business because of who they are," Mullins said Monday.
Phillips says that artisans cannot be compelled to produce works celebrating an event that violates the artist's religion. A lawyer for Phillips pointed out that another Denver-area baker was not fined for declining to bake a cake with an anti-gay message.
"The government in Colorado is picking and choosing which messages they'll support and which artistic messages they'll protect," said Kristen Waggoner of the Alliance Defending Freedom, which took the baker's case.
The decision to take on the case reflects renewed energy among the high court's conservative justices, whose ranks have recently been bolstered by the addition of Justice Neil Gorsuch.
The Colorado case could settle challenges from at least a half-dozen other artists in the wedding industry who are challenging laws in other states requiring them to produce work for same-sex ceremonies.
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