Jurist

Trump broaches postponement of election

In a tweet on July 30, President Donald Trump suggested that the US postpone the November elections, claiming mail-in voting would cause widespread fraud and inaccuracy. Presidential elections are currently held on the first Tuesday after the first Monday in November. This year, that is Nov. 3, 2020. The 20th Amendment of US Constitution demands that the president's term must end on Jan. 20 of the year following the general election. The 20th Amendment also requires a new Congress to be installed by Jan. 3. Article II, Section 1 provides guidance for the electoral process. Initially, each state much appoint a number of electors to the Electoral College. Then, Congress may determine "the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

Lawsuits as feds detain Portland protesters

The US Attorney for the District of Oregon on July 17 called for an investigation into allegations that unidentified federal agents are arresting people in the city of Portland. US Attorney Billy Williams noted that federal agents have been in the city for the past 50 nights, to defend the federal courthouse and other federal buildings from protestors. While defense of the buildings was lawful, Williams said reports had reached him of federal agents, including from Customs and Border Patrol (CBP), driving in unmarked vehicles and arresting at least two protestors without identifying themselves. The agents were not wearing any identifying insignia and were masked. Williams referred to these arrests as "questionable conduct," while Lisa Hay, Oregon's federal public defender, said, "It's a fundamental constitutional value that people in this country are free to walk the streets without fear of secret arrest."

Bahrain upholds death penalty for protesters

The highest court of Bahrain on July 14 upheld a lower court decision to execute two protesters, despite evidence that suggests their confessions were unlawfully extracted. Hussain Moosa and Mohammed Ramadan, members of Bahrain's traditionally excluded Shiite majority, were sentenced to death in 2014 for planting a bomb in the village of al-Deir that killed a police officer involved in repression of a riot in the village. After multiple appeals, the high court, known as the Court of Cassation, overturned the death sentences in 2018. The court accepted evidence of medical records showing injuries on Moosa, supporting witness statements that the two men were beaten and tortured into pleading guilty to crimes they did not commit. However, in January a lower court successfully reinstated the death penalty, which the Cassation Court has now reaffirmed

Ninth Circuit approves drilling within Alaska reserve

The Ninth Circuit Court of Appeals on July 9 issued a ruling in favor of the US government, allowing oil drilling to proceed in the National Petroleum Reserve-Alaska (NPRA). The court rejected a claim by environmental groups that a 2012 impact statement prepared for earlier drilling within the NPRA was inadequate to cover new planned operations by oil companies elsewhere in the reserve, a critical caribou habitat.

Uighurs charge China officials with 'genocide' at ICC

Lawyers have submitted a complaint to the Office of the Prosecutor at the International Criminal Court (ICC), demanding that an investigation be opened into senior Chinese leaders for genocide and crimes against humanity, allegedly committed against the Uighurs and other Turkic peoples. The complaint was filed on behalf of the East Turkistan Government in Exile (ETGE) and the East Turkistan National Awakening Movement (ETNAM).

Canada high court dismisses case against pipeline

The Supreme Court of Canada dismissed an appeal by the Squamish and Tsleil-Waututh First Nations in British Columbia, ending their years-long battle against the construction of the Trans-Mountain Pipeline. The pipeline is a controversial project to carry crude oil between Alberta and British Columbia's coast. The First Nations filed their appeal after a February decision by the Canadian Federal Court of Appeals that upheld the pipeline's legality. "The consultation process initiated by Canada invited the participation of 129 indigenous groups impacted by the project," stated that ruling, "and more than 120 either support or do not oppose it." The Squamish and Tsleil-Waututh contested this. In a 2018 appeal, the Tsleil-Waututh nation asserted sovereignty over the land, and their "freestanding stewardship, harvesting and cultural rights in this area." Both nations further claimed that the pipeline's construction would obstruct access to water, game and agricultural resources.

UN rights chief: West Bank annexation 'illegal'

UN High Commissioner for Human Rights Michelle Bachelet on June 29 called on Israel to halt its efforts to annex parts of the occupied West Bank. Israel plans to annex settlements in the West Bank, as well as areas of the Jordan Valley, in the coming days. Bachelet said that, regardless of how much land Israel tries to annex, such a move is illegal. She added that while the consequences of annexation would be hard to predict, "they are likely to be disastrous for the Palestinians, for Israel itself, and for the wider region."

Appeals court strikes down funding for border wall

The US Court of Appeals for the Ninth Circuit ruled 2-1 on June 26 that President Donald Trump lacked the constitutional authority to transfer Department of Defense (DoD) funds for use in the construction of a wall along the Mexican border. The court found that the transfer of $2.5 billion circumvented Congress, which had previously denied requests for the funding. The panel affirmed a district court’s judgment, "holding that budgetary transfers of funds for the construction of a wall on the southern border of the United States in California and New Mexico were not authorized under the Department of Defense Appropriations Act of 2019."

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