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Thai court to issue arrest warrant after ex-PM doesn't show
Legal World News | 2017/09/01 08:33
Thailand's Supreme Court said it will issue an arrest warrant for former Prime Minister Yingluck Shinawatra after she failed to show Friday for a contentious trial verdict in which she could face a 10-year prison term for alleged negligence in overseeing a money-losing rice subsidy program.

A judge read out a statement saying that Yingluck's lawyers had informed the court she could not attend because of an earache. But the judge said the court did not believe the excuse because no official medical verification was provided, and the court would issue a warrant for her arrest as a result.

Yingluck's whereabouts were not immediately known, fueling speculation that she might have fled the country. There was no evidence, however, that she had left Thailand.

A verdict had been expected to be delivered within hours in the case, which the court postponed until Sept. 27. Yingluck has pleaded innocent, and decries the charges against her as politically motivated. If convicted, she has the right to appeal.

The trial is the latest chapter in a decade-long struggle by the nation's elite minority to crush the powerful political machine founded by Yingluck's brother, Thaksin Shinawatra, who was toppled in a 2006 coup. Thaksin, who has lived in Dubai since fleeing a corruption conviction he says was politically motivated, has studiously avoided commenting on his sister's case, apparently to avoid imperiling it.

Thaksin is a highly polarizing figure here, and his overthrow triggered years of upheaval and division that has pitted a poor, rural majority in the north that supports the Shinawatras against royalists, the military and their urban backers.


Kentucky governor, attorney general clash before high court
Legal World News | 2017/08/20 15:24
Kentucky's Democratic attorney general warned the state's highest court on Friday that the accreditation of the state's public colleges and universities would be at risk if they don't take his side against the Republican governor.

But an attorney for Republican Gov. Matt Bevin called Andy Beshear's argument "poppycock." He told the justices they should dismiss Beshear's lawsuit and vacate a lower court's judgment that the governor broke the law when he abolished the University of Louisville's board and replaced its trustees with an executive order last year.

What was supposed to have been a 30-minute hearing stretched more than an hour in a courtroom packed with political aides from both parties as two of Kentucky's top politicians faced off before the Supreme Court for the second time in a year.

Ultimately, Bevin got his wish for a new board at the university after the legislature convened and the Republican majority approved his choices under a new law. That's why a ruling from the Kentucky Supreme Court in this case likely won't affect the new board.

But Beshear is asking the court to declare Bevin's original order illegal and to prevent him from doing it again. If he's successful, it would be his second legal victory against Bevin and would be likely fodder for a potential campaign for governor in 2019.

If Bevin wins, it would bolster the governor's argument that Beshear has wasted time filing frivolous lawsuits against him.

Bevin replaced the board because he said the university needed a "fresh start" after a series of scandals and because the board violated state law by not having proportionate representation of racial minorities and political parties.

In issuing his executive order, Bevin relied on a state law, KRS 12.028 , that lets the governor make temporary changes when the legislature is not in session. The legislature then reviews those changes when they reconvene. If they don't act on them, the changes expire.


Maryland removes Dred Scott ruling author's statue
Legal World News | 2017/08/17 15:23
A statue of the U.S. Supreme Court justice who wrote the 1857 Dred Scott decision that upheld slavery and denied citizenship to African Americans was removed from the grounds of the Maryland State House early Friday.

The statue of Roger B. Taney was lifted away by a crane at about 2 a.m. It was lowered into a truck and driven away to storage.

The bronze statue was erected in 1872, just outside the original front door of the State House.

Three of the four voting members of the State House Trust voted by email Wednesday to move the statue. House Speaker Michael Busch, a Democrat who was one of the three who voted to remove it, wrote this week that the statue "doesn't belong" on the grounds.

His comments came after the violent protests in Charlottesville, Virginia, last weekend, with clashes between white nationalists and counter-protesters. A woman was killed when a car plowed into a crowd of people who were there to condemn the white nationalists, who had rallied against Charlottesville officials' decision to remove a monument to Confederate Gen. Robert E. Lee.



Court complicates Trump's threat to cut 'Obamacare' funds
Legal World News | 2017/08/03 16:54
President Donald Trump's bold threat to push "Obamacare" into collapse may get harder to carry out after a new court ruling.

The procedural decision late Tuesday by a federal appeals panel in Washington has implications for millions of consumers. The judges said that a group of states can defend the legality of government "cost-sharing" subsidies for copays and deductibles under the Affordable Care Act if the Trump administration decides to stop paying the money.

Trump has been threatening to do just that for months, and he amped up his warnings after the GOP's drive to repeal and replace "Obamacare" fell apart in the Senate last week. The subsidies help keep premiums in check, but they are under a legal cloud because of a dispute over the wording of the ACA. Trump has speculated that he could force Democrats to make a deal on health care by stopping the payments.

The court's decision is "a check on the ability of the president to sabotage the Affordable Care Act in one very important way," said Tim Jost, professor emeritus at Washington and Lee University School of Law in Virginia, a supporter of the ACA who has followed the issue closely.

Because of the ruling, legal experts said, states can now sue if the administration cuts off the subsidies. Also, they said, the president won't be able to claim he's merely following the will of a lower court that found Congress had not properly approved the money.

The Justice Department had no comment on the decision. The White House re-issued an earlier statement saying, "the president is working with his staff and his Cabinet to consider the issues raised by the...payments."

Trump has made his feelings clear on Twitter. "If ObamaCare is hurting people, & it is, why shouldn't it hurt the insurance companies," he tweeted early Monday.

He elaborated in an earlier tweet, "If a new HealthCare Bill is not approved quickly, BAILOUTS for Insurance Companies...will end very soon!"

In a twist, the appeals court panel seemed to take such statements into account in granting 17 states and the District of Columbia the ability to intervene on behalf of consumers.


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