In its recent Moore v. Harper decision, the US Supreme Court rejected the so-called independent state legislature theory. That theory holds that state legislatures are insulated from the ordinary exercise of state judicial review under the Elections Clause. The Elections Clause specifically provides: The Times, Places and Manner of holding Elections for Senators and Representatives, [...]
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Myanmar Coup Interview Series: 'Surviving is sometimes the only way to live in Myanmar'
In the nearly three years that have passed since Myanmar’s coup d’état, the global media has shifted its attention to other crises, from the sudden withdrawal of Western forces from Afghanistan to Russia’s unprovoked invasion of Ukraine. But despite a lull in headlines, the turmoil that resulted from the coup remains life-altering for the generation [...]
Hong Kong court denies pro-democracy protesters' leave to appeal 2020 Labor Day protest convictions
The Hong Kong Court of Final Appeal refused on Thursday to grant four pro-democracy protesters—Kwok Wing-kin, Mak Tak-ching, Lee Cheuk-yan and Stanley Ho Wai-hong—leave to appeal their convictions over violating public gathering limits. Judge Roberto Ribeiro rejected their appeal by finding that the regulation which they violated is no longer in force and of general [...]
India Supreme Court calls for harmony, condemns hate speech amid Haryana unrest
India’s Supreme Court took a firm stance on Thursday in response to the unfolding economic boycott targeting Muslims in the troubled regions of Nuh and Gurugram within Haryana, terming it ‘unacceptable.’ Concurrently, the Court suggested the establishment of a committee, led by the Director General of Police (DGP), to investigate cases arising from the communal [...]
A Pennsylvania state court rejected Tuesday a challenge to Act 77, a law that amended the state’s Election Code to expand mail-in voting options. A complaint filed with the Commonwealth Court of Pennsylvania by current and former Republican representatives in the state challenged the integrity of the law as a whole due to its nonseverability clause. [...]
US Supreme Court rejects North Carolina's 'independent legislature' theory
The US Supreme Court ruled Tuesday in Moore v. Harper that the “independent legislature” election theory, which has been the legal foundation for many of the recent Republican-led efforts to change election administration law and overturn 2020 election results, is an invalid interpretation of the Election Clause of the Constitution. The theory stipulates that state [...]
US appeals court will rehear challenge to inclusive Connecticut transgender athlete policy
The US Court of Appeals for the Second Circuit Monday ordered the reinstatement of an appeal of a ruling regarding a Connecticut school policy on transgender students’ participation in sports. The ruling dismissed a claim that the Connecticut Interscholastic Athletic Association’s (CIAC) policy, which provides transgender student athletes with an opportunity to participate in athletic [...]
Colorado court denies appeal of baker who refused to bake cake for transgender woman
The Colorado Court of Appeals Thursday denied a baker’s appeal over his refusal to bake a transgender birthday cake. Masterpiece Cakeshop, run by Jack Phillips, was denied an appeal following the trial court’s ruling that the shop discriminated against Autumn Scardina when they refused to bake and sell her a blue and pink birthday cake. [...]
India dispatch: Supreme Court's currency demonetization ruling may be too little, too late
Indian law students are reporting for JURIST on law-related developments in and affecting India. This dispatch is from Samar Veer, a third year law student at National Law University, Delhi. The Indian Supreme Court began its year Monday with a major judgment on one of the BJP-led Union Government’s most hotly debated decisions in [...]
The US Court of Appeals for the District of Columbia Circuit Tuesday denied China Telecom Corporation’s challenge to the Federal Communications Commission’s (FCC) order revoking the Chinese state-owned telecommunications company’s authority to operate in the US. Circuit Judge Karen LeCraft Henderson authored the unanimous three-judge panel decision. On appeal, the court vacated the district court’s ruling and [...]