Kansas' high court rules for governor on religious services

The Kansas Supreme Court ruled Saturday that a Republican-dominated legislative panel exceeded its authority when it tried to overturn the Democratic governor’s executive order banning religious and funeral services of more than 10 people during the coronavirus pandemic. The decision letting Gov. Laura Kelly’s order stand came after the justices heard oral arguments one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance. The Saturday hearing was the court’s first conducted completely via video conferencing. The court ruled that legislative action designed to give the legislative leadership panel the ability to overrule Kelly’s executive orders was flawed and didn’t legally accomplish that. The hearing, which was the court’s first conducted completely via video conferencing, came one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance. “In this time of crisis, the question before the court is whether a seven-member legislative committee has the power to overrule the governor. The answer is no,” said Clay Britton, chief counsel for the governor.

Supreme Court: Justices healthy and trying to stay that way

The Supreme Court reported Friday that the nine justices are healthy and trying to stay that way. To that end, when the court held its regularly scheduled private conference Friday morning, some of the justices participated remotely, and those who were in the building did not engage in the tradition of shaking hands, court spokeswoman Kathy Arberg said. The court plans to issue opinions Monday in cases argued during the fall and winter without taking the bench, Arberg said. The last time that happened was when the court decided Bush v. Gore late in the evening of Dec. 12, 2000, essentially settling the disputed 2000 presidential election in favor of Republican George W. Bush. Arberg wouldn't say who showed up in person Friday to the justices' conference room, adjacent to Chief Justice John Roberts' office. Six of the nine justices are 65 and older, at higher risk of getting very sick from the illness, according to the Centers for Disease Control and Prevention. Justices Ruth Bader Ginsburg, who turned 87 on Sunday, and Stephen Breyer, 81, are the oldest members of the court. Justice Brett Kavanaugh, 54, flew on a commercial flight last week between Washington, D.C., and Louisville, Kentucky, for a ceremony in honor of U.S. District Judge Justin Walker, a former law clerk whom President Donald Trump named to the federal bench last year.

Texas court delays 2nd execution due to virus outbreak

Texas’ highest criminal court on Thursday delayed the scheduled execution of a second death row inmate as the state tries to slow the spread of the coronavirus. The Texas Court of Criminal Appeals ordered a 60-day delay of Tracy Beatty’s scheduled March 25 execution “in light of the current health crisis and the enormous resources needed to address that emergency.” Beatty was sentenced to death for the 2003 slaying of his 62-year-old mother, Carolyn Click, near Tyler, in East Texas. The ruling noted that the court previously upheld Beatty’s conviction and sentence. The court on Monday ordered a 60-day delay in the execution of John William Hummel, who had been scheduled to die on Wednesday for the 2009 stabbing of his pregnant wife, Joy Hummel, 45, and fatal bludgeoning of his father-in-law, Clyde Bedford, 57, with a baseball bat. Gov. Greg Abbott on Thursday declared a state of emergency, ordering schools closed until April 3, banning dine-in eating at restaurants, and ordering bars and gyms to close. Abbott said state government would remain open. The order also banned public gatherings of 10 or more people, which could have affected the state’s ability to carry out executions, which involve a number of people, including correctional officers, attorneys, physicians, and family members or friends of the inmates and victims.

Court reinstates order for Russia to pay $50 bln over Yukos

In a major legal defeat for the Russian government, a Dutch appeals court on Tuesday reinstated an international arbitration panel’s order that it should pay $50 billion compensation to shareholders in former oil company Yukos. The ruling overturned a 2016 decision by The Hague District Court that quashed the compensation order on the grounds that the arbitration panel did not have jurisdiction because the case was based on an energy treaty that Russia had signed but not ratified. The Hague Court of Appeal ruled that the 2016 decision “was not correct. That means that the arbitration order is in force again.” “This is a victory for the rule of law. The independent courts of a democracy have shown their integrity and served justice. A brutal kleptocracy has been held to account,” Tim Osborne, the chief executive of GML, a company made up of Yukos shareholders, said in a statement. The Russian Justice Ministry said in a statement after the verdict that Russia will appeal. It charged that the Hague appeals court “failed to take into account the illegitimate use by former Yukos shareholders of the Energy Charter Treaty that wasn’t ratified by the Russian federation.” The arbitration panel had ruled that Moscow seized control of Yukos in 2003 by hammering the company with massive tax claims. The move was seen as an attempt to silence Yukos CEO Mikhail Khodorkovsky, a vocal critic of President Vladimir Putin. The 2014 arbitration ruling said that Russia was not acting in good faith when it levied the massive claims against Yukos, even though some of the company’s tax arrangements might have been questionable.

Walker appointee, judge, prof face off in high court primary

Wisconsin voters will choose between a Republican appointee, a Madison judge and a law professor as they winnow down the candidates for a state Supreme Court seat in a primary Tuesday. Conservative Justice Dan Kelly will face off against liberal-leaning Jill Karofsky and Ed Fallone. The top two vote-getters will advance to the April 7 general election with a 10-year term on the high court at stake. The race can’t change the court’s ideological leaning since conservative-leaning justices currently have a 5-2 edge. But a Kelly defeat would cut their margin to 4-3 and give liberals a shot at a majority in 2023. Then-Gov. Scott Walker, a Republican, appointed Kelly to the Supreme Court in 2016 to replace the retiring David Prosser. An attorney by trade, he represented Republican lawmakers in a federal trial over whether they illegally gerrymandered Wisconsin’s legislative district boundaries in 2011. He’s also a member of The Federalist Society, a conservative organization that advocates for a strict interpretation of the U.S. Constitution. Karofsky is a wiry marathon runner who has completed two Iron Man competitions. She also won the state doubles tennis championship in 1982 for Middleton High School. She has served as an assistant prosecutor in the Dane County district attorney’s office, general counsel for the National Conference of Bar Examiners and executive director of the state Department of Justice’s Office of Crime Victim Services. She won election as a Dane County circuit judge in 2017.

Cross-examination drives key Weinstein accuser to tears

A key accuser in the New York City rape trial of Harvey Weinstein broke down in tears on the witness stand on Monday during an exhaustive cross-examination over the nature of her relationship with the once-powerful movie mogul. The drama, which prompted the judge to send the jury home about an hour earlier than usual, came as the defense sought to paint the 34-year-old woman as an opportunistic manipulator who took advantage of Weinstein while pursuing an acting career, even after he allegedly raped her. The woman said she tried to make Weinstein "my pseudo father" after a rough upbringing. She said she sent him flattering emails and kept seeing him because “I wanted him to believe I wasn't a threat." “I was afraid of his unpredictable anger," the woman testified. She became emotional while reading an email passage about being abused earlier in her life. It was part of a lengthy confessional email she sent to her then-boyfriend in May 2014 about her relationship with Weinstein. She was bawling as she left the courtroom, and her cries could be heard from a nearby witness room. She returned after about a 10-minute break, but continued to weep loudly, resting her head on the witness stand and blotting tears with a tissue. The lead prosecutor tried to console her, but she couldn't continue. Her cross-examination will resume Tuesday.

Court reverses $35M verdict against Jehovah’s Witnesses

The Montana Supreme Court on Wednesday reversed a $35 million judgment against the Jehovah’s Witnesses for not reporting a girl’s sexual abuse to authorities. Montana law requires officials, including clergy, to report child abuse to state authorities when there is reasonable cause for suspicion. However, the state’s high court said in its 7-0 decision that the Jehovah’s Witnesses fall under an exemption to that law in this case. “Clergy are not required to report known or suspected child abuse if the knowledge results from a congregation member’s confidential communication or confession and if the person making the statement does not consent to disclosure,” Justice Beth Baker wrote in the opinion. The ruling overturns a 2018 verdict awarding compensatory and punitive damages to the woman who was abused as a child in the mid-2000s by a member of the Thompson Falls Jehovah’s Witness congregation. The woman had accused the church’s national organization of ordering Montana clergy members not to report her abuse to authorities. The Montana case is one of dozens that have been filed nationwide over the past decade saying Jehovah’s Witnesses mismanaged or covered up the sexual abuse of children.