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Pakistan's opposition calls on court to oust prime minister
Law Firm Topics | 2017/07/17 03:21

Opposition parties in Pakistan on Monday called on the Supreme Court to remove Prime Minister Nawaz Sharif from office after an investigation found that he and his family possess wealth exceeding their known sources of income.

The investigation is linked to the mass leak of documents from a Panama-based law firm in 2016, which revealed that Sharif and his family have offshore accounts.

Naeem Bukhari, a lawyer for opposition leader Imran Khan, submitted the request to the court. The court has the constitutional power to disqualify someone from serving as prime minister, and is expected to rule in the coming weeks.

The Sharifs have denied any wrongdoing. Their attorney, Khawaja Haris, argued Monday that the probe was flawed. The court will resume hearing the case Tuesday.



Partisan struggle over NC governor's authority back in court
Law Firm Topics | 2017/02/12 16:10

Judges are hearing more arguments about North Carolina Republican lawmakers' efforts to reduce Democratic Gov. Roy Cooper's authority in choosing his Cabinet.

A three-judge panel scheduled arguments Friday on whether to extend their recent temporary block of a law requiring Senate confirmation of Cooper's Cabinet secretaries.

The GOP-controlled legislature passed the law shortly before Cooper took office, one of several provisions designed to limit Cooper's powers.

Cooper's attorneys say confirmation usurps his authority to carry out core executive functions. Republicans respond that the state Constitution gives senators "advice and consent" powers with gubernatorial appointees.

The governor wants the law blocked at least until a hearing scheduled for March.

In another gubernatorial power issue, a state appeals court on Thursday temporarily reinstated a law stripping Cooper of his oversight of elections.


Court rules man treated for mental illness can have a gun
Law Firm Topics | 2016/09/21 05:15

A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.

The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.

Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.

In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.

Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.

"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.

The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.

Gibbons suggests Tyler should prevail, based on his years of good mental health.



Breyer says Supreme Court not diminished with only 8 members
Law Firm Topics | 2016/05/25 06:17

Justice Stephen Breyer said Monday that the Supreme Court has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.

Breyer suggested in response to questions at an awards ceremony at the Library of Congress that Scalia would have made a difference in only four or five cases out of more than 70 the court will decide this term.

"We may divide 4-4 in four or five cases, we may not," Breyer said of the term than will end in June.

That could include some of the term's biggest cases involving abortion and immigration. A tie vote would leave the lower court ruling in place and prevent the court from setting a legal precedent that applies to the entire country.

The court has already deadlocked in three cases, including a high-profile dispute over public-sector labor unions. And last week, the justices returned a dispute over access to birth control to lower courts, suggesting they could not form a majority that would have settled a major conflict over the scope of the nation's health care law.

Breyer stressed that the court in recent years has ruled unanimously about half the time and divided 5-4 in only a small percentage of cases. Chief Justice John Roberts and Justices Samuel Alito and Elena Kagan also have said in recent public comments that the court would find its way until a ninth justice is confirmed.

Breyer did not address the partisan debate over whether the Senate should confirm Judge Merrick Garland, nominated by Obama to take Scalia's seat. Senate Republicans have refused to hold a hearing on Garland's confirmation or schedule a vote, saying the choice should be left to Obama's successor.

Breyer was at the ceremony, the Burton Awards for Legal Achievement, to receive an award for his latest book about the use of foreign law in American courts.



Iran's president slams US court ruling on frozen assets
Law Firm Topics | 2016/05/07 05:35

Iran's president said Wednesday that a U.S. court ruling that allows for the seizure of Iranian assets amounts to theft and indicates continued "hostility" toward his country.

The U.S. Supreme Court ruled last week that the families of victims of a 1983 bombing in Lebanon and other attacks linked to Iran can collect nearly $2 billion in frozen funds from Iran as compensation.

Rouhani was quoted by state TV as warning that the United States would have to face up to "all the consequences of this illegal action," without elaborating. "The move indicates Washington's continued hostility against the Iranian nation," Rouhani added, speaking during a Cabinet meeting.

On Tuesday, the Cabinet tasked a group of top officials with examining the court decision and defending Iran's "rights."

The U.S. court's ruling directly affects more than 1,300 relatives of victims, some who have been seeking compensation for more than 30 years. They include families of the 241 U.S. service members who died in the Beirut bombing.



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