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Activists cheer victory in landmark Dutch climate case
U.S. Court News |
2019/12/22 09:05
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In a ruling hailed as an “immense victory for climate justice,” the Netherlands’ top court ruled Friday in favor of activists who have for years been seeking legal orders to force the Dutch government into cutting greenhouse gas emissions.
Activists in a packed chamber of the Supreme Court in The Hague erupted into applause and cheers as Presiding Judge Kees Streefkerk rejected the government’s appeal against earlier rulings ordering the government to cut emissions by at least 25% by the end of 2020 from benchmark 1990 levels.
The Supreme Court upheld lower courts’ rulings that protection from the potentially devastating effects of climate change was a human right and that the government has a duty to protect its citizens.
Urgenda, the Dutch climate and sustainability organization that filed the original case, hailed the ruling as “a groundbreaking decision that confirms that individual governments must do their fair share to reduce greenhouse gas emissions.”
“I am extremely happy that the highest court in the Netherlands has confirmed that climate change is a real, severe problem and that government should do what they themselves have declared for more than 10 years is necessary, namely between 25% and 40% reduction of CO2,” Urgenda director Marjan Minnesma told The Associated Press outside the court.
Faiza Oulahsen of Greenpeace in the Netherlands called the ruling “an immense victory for climate justice.”
Reacting to the decision at his weekly press conference, Dutch Prime Minister Mark Rutte said: “I can guarantee we will do everything we can to achieve the goal.” |
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Court Will Hear Trump's Pleas to Keep Financial Records Private
U.S. Court News |
2019/12/10 08:54
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The Supreme Court said Friday it will hear President Donald Trump's pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.
Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump's tax returns as part of an ongoing criminal investigation.
The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it's almost certain the court won't hear the cases until after a Senate trial over whether to remove Trump has ended.
Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.
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Afghanistan probe appeal begins at Hague international court
U.S. Court News |
2019/12/02 00:33
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The International Criminal Court opened a three-day hearing Wednesday at which prosecutors and victims aim to overturn a decision scrapping a proposed investigation into alleged crimes in Afghanistan’s brutal conflict.
Fergal Gaynor, a lawyer representing 82 Afghan victims, called it “a historic day for accountability in Afghanistan.”
In April, judges rejected a request by the court’s prosecutor, Fatou Bensouda, to open an investigation into crimes allegedly committed by the Taliban, Afghan security forces and American military and intelligence agencies.
In the ruling, which was condemned by victims and rights groups, the judges said that an investigation "would not serve the interests of justice" because it would likely fail due to lack of cooperation.
The decision came a month after U.S. Secretary of State Mike Pompeo banned visas for ICC staff seeking to investigate allegations of war crimes and other abuses by U.S. forces in Afghanistan or elsewhere.
“Whether the two events are in fact related is unknown, but for many ? victims as well as commentators ? the timing appeared more than coincidental,” said lawyer Katherine Gallagher, who was representing two men being held at the Guantanamo Bay detention facility.
The United States is not a member of the global court and refuses to cooperate with it, seeing the institution as a threat to U.S. sovereignty and arguing American courts are capable of dealing with allegations of abuse by U.S. nationals.
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Judges: End jailing people for unpaid fines in Rock County
U.S. Court News |
2019/11/03 10:05
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When a court case is ending, a judge often lists what a defendant needs to do and know.
It can include contacting a probation agent, not possessing a gun or avoiding the use of drugs or alcohol.
One routine item usually on the list is paying court costs, which can total hundreds of dollars or more. Failing to pay could land the defendant in jail.
Orders to jail for nonpayment are called arrest warrant commitments, authorizing "that a defendant be arrested and detained until a fine is paid or discharged by due course of law," according to Rock County's website .
"A lot of this happens outside of anybody's view," said Eric Nelson, a recently retired assistant public defender who worked in Rock County for nearly 40 years.
"Broadly speaking, it's a debtor's prison," he told The Janesville Gazette. It's coming to an end. All seven Rock County circuit judges recently signed an order that should substantially cut the number of people put in jail because they can't pay such fines.
The result should be fewer people incarcerated only because they're poor.
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