neděle 6. března 2016

Soudní novinky 10/16 (Thomas se zeptal!)

Tentokrát zával z US:
  • A svět se zachvěl... "Justice Clarence Thomas Asks Questions in Supreme Court for First Time in 10 Years".
  • Cass R. Sunstein: The Supreme Court Doesn't Need a Hero Right Now.
  • N.Y. judge backs Apple in encryption fight with government: "The U.S. government cannot force Apple Inc (AAPL.O) to unlock an iPhone in a New York drug case, a federal judge in Brooklyn said on Monday, a ruling that bolsters the company's arguments in its landmark legal showdown with the Justice Department over encryption and privacy."
  • NYTimes: Court Hears Suit Against U.N. on Haiti Cholera Outbreak ("A legal battle by Haitian cholera epidemic victims to hold the United Nations accountable reached its highest level in an American court on Tuesday.")
  • Wow: A Judge’s Message to the Xenophobes: "A federal district judge in Indianapolis (..) blocking the attempt by Gov. Mike Pence of Indiana to cut off federal resettlement funds for Syrian refugees who had passed a vetting process that took up to two years. Mr. Pence’s order was unconstitutional and “clearly discriminates” against Syrians compared with other refugees, (..). The judge found that Mr. Pence’s move to withhold resettlement funds was “in no way” justified by his claim that his main concern was the safety of Indiana residents. The ruling delivered a jolt of reality to the xenophobic politics now inflaming the presidential primary campaign. The state was forced to concede that it does not really have the authority to bar refugees from crossing into Indiana, a concession that no Republican governor was willing to make in the states-rights bombast of last fall. Mr. Pence had simply cut off the funding the refugees were entitled to — a tactic the judge excoriated. “This is essentially a policy of punishing Syrian refugees already in Indiana in the hopes that no more will come,” she wrote."
  • Na Českou justici příčetný článek (Pavel Rychetský: Není správné, aby menšina znemožnila a trvale blokovala zákonodárný proces) s pikoškou na závěr. 
  • V Reflexu vyšel rozhovor s emeritním ÚS-soudcem Stanislavem Balíkem, bohužel, jen placený přístup
  • SD: Judgment in Joined Cases C-443/14 and C-444/14 Kreis Warendorf v Ibrahim Alo and Amira Osso v Region Hannover: "The Court of Justice delivers a ruling on the relationship between the freedom of movement of beneficiaries of international protection and measures intended to facilitate their integration. A place-of-residence condition may be imposed on beneficiaries of subsidiary protection if they face greater integration difficulties than other non-EU citizens who are legally resident in the Member State that has granted such protection."
  • US: "Advocates of low-cost housing scored a legal victory Monday when the U.S. Supreme Court left intact a ruling by California’s highest court allowing cities and counties to require builders to include a percentage of affordable units in each new development." 
  • High Stakes for Supreme Court Arguments on Abortion Case: "Since 2011, more than 288 abortion restrictions have been passed on the state level, which means that more than a quarter of all abortion restrictions passed in the 43 years since since Roe v Wade have been enacted in the last five years. Those restrictions are part of a successful strategy by anti-abortion lawmakers: instead of focusing on thorny questions about when life begins, they focus on concerns about women’s health to put restrictions on abortion clinics, such as requiring them to have doctors with admitting privileges at nearby hospitals."
  • A k tomu samému: Women Justices Defend Abortion Providers in Supreme Court Oral Arguments. 
  • A do třetice: Supreme Court Blocks Abortion Restriction in Louisiana ("The Supreme Court on Friday temporarily blocked the enforcement of a Louisiana abortion restriction that would have left the state with only one doctor that performs abortions, just days after it heard a challenge to a similar law in Texas."). NYT: "Opponents say the 2014 law would leave the state with only one clinic, while Louisiana officials say things are not that dire."
  • Breivik si stěžuje na nelidské podmínky ve vězení.
Celý příští týden jsem pracovně pryč, tudíž osud novinek zůstává nejistý.

Obr.: George Arents Collection, The New York Public Library. Mr. Case.The Judge. Retrieved from

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