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Supreme Court could limit execution of people with dementia
Legal News Feed |
2018/10/05 16:24
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The Supreme Court appeared willing Tuesday to extend protection from capital punishment to people with dementia who can't recall their crime or understand the circumstances of their execution.
The eight justices heard arguments in the case of Alabama death row inmate Vernon Madison, who killed a police officer in 1985 but has suffered strokes that his lawyers say have left him with severe dementia.
The high court has previously said the constitutional ban on cruel and unusual punishment means that people who are insane, delusional or psychotic cannot be executed.
A ruling for Madison probably would mean a new hearing in state court over whether his condition renders him ineligible for execution.
Chief Justice John Roberts and the court's four liberal justices seemed most willing to rule for Madison. The other three justices, Samuel Alito, Neil Gorsuch and Clarence Thomas, are unlikely to side with Madison because they voted to allow his execution to proceed when their colleagues blocked it in January, setting up the current case.
In a reflection of the changed dynamics on the court, Roberts' vote would appear to be decisive since a 4-4 split would leave in place a state court ruling against Madison and allow Alabama to try again to execute him. The high court is down one justice, following Anthony Kennedy's retirement in July and a delay in a vote to confirm Brett Kavanaugh so that the FBI can investigate allegations against him of sexual misconduct.
Kennedy had been the conservative justice most likely to vote with the liberals on death penalty cases. The court agreed to hear the appeal while Kennedy was on the bench. He had been a key voice in limiting capital punishment, having voted to bar the execution of people under 18, the intellectually disabled and those who lack a rational understanding of why they are to be put to death.
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Sotomayor tells kids: Reading helped me reach Supreme Court
Legal News Feed |
2018/09/16 12:27
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Justice Sonia Sotomayor says reading helped her reach the Supreme Court.
Sotomayor on Sunday celebrated the release of her two children's books by speaking to parents and children at the Newark Public Library in New Jersey.
The Star-Ledger of Newark reports she said she never dreamed she would become a Supreme Court justice because she didn't know what one was when she was a child. She says her mother made sure books were part of her upbringing.
Sotomayor's books, "Turning Pages: My Life Story" and "The Beloved World of Sonia Sotomayor!" examine how her family and her determination moved her through life.
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School union backs Republican justice for Supreme Court
Legal News Feed |
2018/09/13 12:28
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A union representing teachers and other school employees is taking a rare step by supporting a Republican for the Michigan Supreme Court.
The Michigan Education Association is recommending three candidates who are running for two seats on the court, including Justice Elizabeth Clement (Kla-MENT'). She was appointed to the Supreme Court last year by Republican Gov. Rick Snyder.
The union also is recommending Sam Bagenstos and Megan Cavanagh, who were nominated by the Democratic Party. Voters can pick two of six candidates in the race. Party affiliations won't be listed on the ballot.
Public affairs director Doug Pratt says the MEA is pleased with some of Clement's decisions, including one that gives schools the authority to ban guns carried by visitors. It was a 4-3 opinion. |
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Israeli court allows entry to Hamas kin for medical care
Legal News Feed |
2018/08/25 10:34
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Israel's Supreme Court has ruled that five critically ill women from Gaza may enter Israel for urgent medical treatment despite a government decision preventing relatives of Hamas members from doing so.
The five women appealed to the court last month after their requests to enter Israel were rejected on the grounds of their relation to Hamas members.
The government decision denies entry for health care to relatives of Hamas members and is meant to exert pressure Gaza's rulers who currently hold the remains of two Israeli soldiers.
The court ruled late Sunday that the government decision was unreasonable and could not stand up to a legal test.
Four human rights groups representing the women said the government was using them and others seeking care unavailable in Gaza as "bargaining chips."
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