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Liberal Dallet easily takes Wisconsin Supreme Court race
Court News | 2018/04/02 23:14
Rebecca Dallet, a liberal Milwaukee judge, easily defeated conservative Michael Screnock on Tuesday in the race for Wisconsin Supreme Court, fueling optimism among Democrats for more victories in the fall midterms.

The win in the first statewide general election in the country this year forced Gov. Scott Walker, who endorsed Screnock, to warn his fellow Republicans.

"Tonight's results show we are at risk of a #BlueWave in WI," Walker, who is up for re-election in November, tweeted. "Big government special interests flooded Wisconsin with distorted facts & misinformation. Next, they'll target me and work to undo our bold reforms."

Although the race was viewed by some as a bellwether, results of past Supreme Court elections have not consistently proven to be predictive of what will happen in November. President Donald Trump won the state by less than 1 percentage point in 2016, while Dallet thumped Screnock by double digits.

She won by a nearly 12-point margin with 87 percent of precincts reporting, based on unofficial results.

The race for a 10-year seat was nonpartisan in name only, with millions in ad spending and public endorsements from the likes of Joe Biden, Eric Holder and the National Rifle Association.

Dallet said her victory, which Democrats quickly seized on as another sign of momentum, was a rejection of special interest influence on Wisconsin's Supreme Court.

"The candidate with the most experience in our courts and standing up for the fairness of our courts won," she said. "I think people are tired of what's been going on in our state in terms of the money coming in to buy these elections and people spoke out tonight."

Screnock said he was proud of his campaign, in the face of "tremendous outside influence from liberal special interest groups that were willing to say and spend anything to elect their preferred candidate to the bench."

Wisconsin Democratic Party Chairwoman Martha Laning said the win was a warning shot to Walker, calling it a "huge loss" for him because his "endorsement, philosophy and politics were on the ballot."

One of the Democratic challengers to Republican House Speaker Paul Ryan, of Wisconsin, immediately tried to raise money off the Dallet win. Randy Bryce called the Dallet win "a rallying cry for working folks."

Screnock, a Sauk County circuit judge, was endorsed by Walker and backed by about $400,000 from the state GOP.


Brazil's top court: Lula can be jailed for upheld conviction
Legal News | 2018/04/01 23:14
A sharply divided top court voted early Thursday to reject an attempt by former Brazilian President Luiz Inacio da Silva to stay out of jail while he appeals a corruption conviction, delivering a hard blow to the front-running candidate in this year's presidential election in Latin America's largest nation.

After nearly 11 hours of often heated debate, the Supreme Federal Tribunal voted 6-5 to deny da Silva's request to stave off a 12-year prison sentence while he fights a conviction that he has always argued was nothing more than a ploy to keep him off of the October ballot.

Despite the conviction and several other corruption charges against him, da Silva leads all preference polls for the election.

The decision means that da Silva will likely be jailed soon, though probably not until at least next week thanks to various technicalities.

Chief Justice Carmen Lucia, who was sharply criticized during the session by various colleagues, cast the deciding vote after the court was tied at 5 to 5.

"The constitution secures individual rights, which are fundamental to democracy, but it also assures the exercise of criminal law," she said.

The debate at the Supreme Federal Tribunal underscored how fraught the matter is at a time of high tension and angst in Brazil.

Justice Gilmar Mendes, traditionally a critic of da Silva, voted in favor of da Silva's petition to stay out of jail, challenging his colleagues to buck pressure from society.

"If a court bows (to pressure), it might as well not exist," said Mendes.

Justice Luis Roberto Barroso argued that the integrity of the justice system was at stake.

"A penal system that doesn't work with minimal effectiveness leads to an instinct for taking justice into one's own hands," Barroso said in voting against da Silva.


Sales of diesel cars in Germany drop after court permits ban
Legal Opinions | 2018/04/01 23:14
German officials say there's been a sharp drop in sales of new diesel cars, following a court decision that allows cities to ban the use of heavily polluting vehicles.

Figures released Wednesday by the Federal Motor Transport Authority show new registrations of diesel-powered cars dropped by 25.4 percent in March to under 109,000, compared with about 146,000 during the same month a year earlier.

Germany's top administrative court ruled Feb. 27 that cities can ban diesel cars and trucks to combat air pollution. The decision is a further blow to diesel fuel technology after the revelations that German automaker Volkswagen cheated on U.S. emissions tests.

The value of diesel vehicles in Germany already had fallen significantly, and their market share has fallen since the VW scandal broke in 2015.



Trump administration backs PLO in victims' high court appeal
Legal Line News | 2018/03/30 23:16
Despite its bumpy relationship with the Palestinians, the Trump administration is siding with the Palestine Liberation Organization in urging the Supreme Court to reject an appeal from American victims of terrorist attacks in the Middle East more than a decade ago.

The victims are asking the high court to reinstate a $654 million verdict against the PLO and Palestinian Authority in connection with attacks in Israel in 2002 and 2004 that killed 33 people and wounded hundreds more.

The case was scheduled to be considered at the justices’ private conference on Thursday. A decision to reject the appeal could come as early as Monday. If the court decides to hear the case, it could say so by the middle of this month.

The federal appeals court in New York tossed out the verdict in 2016. It said U.S. courts can’t consider lawsuits against foreign-based groups over random attacks that were not aimed at the United States.

The victims sued under the Anti-Terrorism Act, signed into law in 1992. The law was passed to open U.S. courts to victims of international terrorism, spurred by the killing of American Leon Klinghoffer during a 1985 terrorist attack aboard the Achille Lauro cruise ship.

The victims argued that offices the Palestinians maintain in the nation’s capital to promote their cause in speeches and media appearances and to retain lobbyists were sufficient to allow the lawsuit in an American court. The appeals court disagreed.

In late June, the justices asked the administration to weigh in on the case, as they often do in cases with foreign policy implications. The Justice Department filed its brief eight months later, saying there was nothing in the appeals court ruling to “warrant this court’s intervention at this time.”

In unusually strong language for a Supreme Court filing, Theodore Olson, the lawyer for the victims, wrote, “The government is not being square with the court.” Olson said the administration was being cagey about its view of the law, even after the lower court cut back on its use by attack victims to try to hold groups financially liable.


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