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Calif. court rejects gay-marriage-initiative case
Breaking Legal News | 2008/07/17 09:28
The California Supreme Court on Wednesday refused to hear a challenge to a ballot initiative that seeks to ban same-sex marriages.

The unanimous decision means that, barring further legal action, voters will consider a constitutional amendment in November that would again limit marriage in California to a union between a man and a woman. The court did not give a reason for deciding not to accept the case.

"This was a frivolous lawsuit. It was a desperate attempt to try to keep the voter initiative off the ballot in November," said Glen Lavy, an attorney with the Alliance Defense Fund representing the measure's sponsors.

If it passes, the amendment, known as Proposition 8, would overrule the Supreme Court decision that legalized same-sex marriage in the state as of June 16.

Equality California and other gay rights groups issued a statement Wednesday saying they were confident that the initiative, similar to gay marriage bans enacted in 26 other states, will fail.

"We're disappointed, but this ruling does not affect the campaign against Prop. 8 in any way," the groups said. "We have been focused on continuing the election and moving forward."

Equality California filed a petition last month arguing that the signature petitions used to put the proposal on the ballot, printed up before the court struck down the state's marriage laws, were misleading because they stated that the initiative would have no legal or financial effect.

The gay rights group also claimed that Proposition 8 would so drastically alter the promise of equality written into the California Constitution that it was improper to put it before voters as an amendment.



DC residents start applying for gun permits
Breaking Legal News | 2008/07/17 06:30
The plaintiff in the Supreme Court case that overturned Washington's strict 32-year-old handgun ban was among the first to arrive as the city started registering firearms.

Dick Heller showed up early Thursday at the police department, but he's still upset with the city even after winning his case.

He says its strict new rules for handguns still violate the spirit of the court's ruling defending the constitutional right to bear arms.

They allow handguns to be kept in the home if they're used only for self-defense and carry fewer than 12 rounds of ammunition.

Gun owners can only register one weapon in the first 90 days. Police say the permitting process could take weeks or months. 6



Prosecutor denies political timing in Darfur case
International | 2008/07/17 04:29
The International Criminal Court's issuance of an arrest warrant for Sudan's president on genocide charges was not timed to the court's 10th anniversary celebration three days later, the prosecutor said Thursday.

Luis Moreno-Ocampo told reporters he informed the U.N. Security Council, which asked the court in 2005 to investigate the Darfur crisis, of his progress before requesting a court warrant on Monday to arrest President Omar al-Bashir.

"This was my last week to do it, so I did it when I had my evidence ready," said Moreno-Ocampo, noting that the court was about to take a summer recess.

He added that his responsibility is to investigate cases and he "cannot be considering political factors."

The world's first permanent war crimes tribunal is based on a treaty adopted on July 17, 1998 and since ratified by 107 nations.



Federal prosecutor to join Phila. law firm
Legal Careers News | 2008/07/17 01:32
The top federal prosecutor in Philadelphia is joining the firm of Conrad O'Brien Gellman & Rohn.

Patrick Meehan is to be a shareholder in the Philadelphia-based professional corporation starting Monday. He is to handle white-collar criminal defense, internal corporate investigations and corporate commercial litigation.

Meehan's decision to join Conrad O'Brien was announced Wednesday, the day after his last day as U.S. attorney for the Eastern District of Pennsylvania. He had served in that job since 2001 and was the district attorney of Delaware County before that.

There has been widespread speculation that Meehan will seek the Republican nomination for governor in 2010.



Democrats plan second economic stimulus bill
Politics | 2008/07/16 09:00
Democrats controlling Congress ratcheted up expectations Tuesday for additional legislation to jump-start the dragging economy. "We will be proceeding with another stimulus package," House Speaker Nancy Pelosi, D-Calif., said after meeting with several economists. Pelosi said that recently issued tax rebate payments of $600 to individuals and $1,200 for married couples have helped the economy but that more is necessary to offset the drag of higher gasoline prices and other costs. But President Bush cautioned in a White House press conference that lawmakers should "wait for the stimulus package to fully kick in" before passing another.

The Democratic effort is still in its formative stages, but most of the proposals mentioned by Democrats were rejected by Bush during negotiations that produced the earlier stimulus measure. A new package probably won't be acted on before Congress returns in September from its annual summer vacation.

New legislation could include: additional tax rebates, heating and air conditioning subsidies for the poor, infrastructure projects, higher food stamp payments and aid to the states.

Pelosi told reporters that she "would hope that (tax rebates) would be part of any package" but that some of the Democratic elements need to be attached. Pelosi said later Tuesday that she hopes proposals such as boosting food stamps and home energy subsidies would have more GOP support now, considering the sharp spikes in gasoline and food prices.



DC to vote on new gun laws after court ruling
Breaking Legal News | 2008/07/16 08:54
The District of Columbia Council approved new firearms legislation Tuesday that will allow residents to begin applying for handgun permits this week.

The council's unanimous vote comes as officials try to comply with last month's U.S. Supreme Court ruling that struck down the city's 32-year-old ban on handguns.

The emergency legislation will allow handguns to be kept in the home if they are used only for self-defense and carry fewer than 12 rounds of ammunition.

Handguns, as well as other legal firearms such as rifles and shotguns, also must be kept unloaded and disassembled, or equipped with trigger locks — unless there is a "reasonably perceived threat of immediate harm" in the home.

"This is not perfect legislation," said D.C. Council member Phil Mendelson, who worked with the mayor's office on the bill. "The first step is what we have before us today so that we maintain important provisions in our gun registration law while we continue look at how we can further refine our gun registration law."

Gun rights groups, including the National Rifle Association, said at least some of the new regulations will likely be challenged. The bill that passed Tuesday maintains the city's unusual ban of machine guns, defined as weapons that shoot at least 12 rounds without reloading, which applies to most semiautomatic firearms.

The emergency legislation will remain in effect for 90 days, and the council expects to begin work in September on permanent legislation.

Though residents can begin applying for handgun permits this week, city officials have said the entire process could take weeks or months.



World Court to rule on US executions
International | 2008/07/16 05:54
The U.N.'s highest court is ruling Wednesday on an emergency Mexican appeal to block the execution of its citizens on death row in the United States.

At hastily convened hearings last month, Mexico argued that the United States is defying a 2004 International Court of Justice order to review the cases of 51 Mexicans sentenced to death by state courts.

That order was based on the Hague-based court's finding that the condemned prisoners had been denied the right to help from their consulate following their arrest.

Wednesday's ruling comes less than three weeks before the first of the death row inmates, Jose Medellin, is scheduled for execution by lethal injection in Texas for taking part in the gang rape and murder of two teenage girls 15 years ago.

At last month's hearings, Mexico's chief advocate Juan Manuel Gomez-Robledo told the court the cases had not been systematically reviewed, and the U.S. was "in breach of its international obligations."

John B. Bellinger III, the U.S. legal adviser, said federal government had gone to "extraordinary lengths" to carry out the World Court's directive and to intercede with the state courts.

After the World Court's ruling, President George W. Bush issued a directive to the state courts to abide by the decision and also asked Texas specifically to review Medellin's case ahead of his planned Aug. 5 execution.



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