[JURIST] Following up a story reported this morning in JURIST's Paper Chase, states have already begun responding to the US Supreme Court's decision [JURIST report] to grant Congress the power to criminalize the growth and use of marijuana for personal medical reasons. In Oregon, officials have stopped issuing medical marijuana cards to qualified citizens. Authorized under the Oregon Medical Marijuana Act [text], the cards allow patients suffering from debilitating medical conditions to use marijuana under a doctor’s supervision. In a press release [text] posted on the state Department of Health website, the agency stated that applications will continue to be accepted and processed, but no registration cards will be issued until the US Department of Justice [official website] provides further direction. Meanwhile California Attorney General Bill Lockyer cautioned concerned Californians not to panic [text], and urged Congress and the President to reform federal law to bring relief to medical patients. Currently, Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington state allow medical marijuana use. AP has more.

[JURIST] A jury in the US District Court of Central California [official website] found Monday that computer giant Microsoft [official website], infringed on a 1994 patent [text] owned by Guatamalan inventor Carlos Amado, and ordered the company to pay $9.9 in damages. The jury found that Microsoft added an application that mimicked Amado’s software to its 1995 version of Excel and Access. Reuters has more.

[JURIST] Lea Fastow, wife of former Enron [JURIST news archive] chief financial officer Andrew Fastow, was released from prison Monday after serving a one year sentence. Fastow, a former assistant treasurer at the Texas corporation, pleaded guilty [JURIST report] last June to filing a false federal tax return related to money she and her husband received from Enron financial dealings. Fastow will now serve 5 weeks in a Houston federal halfway house. Andrew Fastow pleaded guilty to two counts of conspiracy for his role in the downfall of Enron, and faces ten years in prison. The Houston Chronicle has local coverage.

[JURIST] In some of his most pointed remarks since becoming pontiff in April, Pope Benedict XVI [official website] spoke out against same-sex marriage [JURIST news archive], artificial birth control and divorce Monday while speaking to a group at Rome's St. John's Cathedral. The Pope called marriage between persons of the same sex and other departures from traditional church views on the family "anarchical freedom". His comments come one month after the Spanish lower house approved a bill [JURIST report] to legalize same-sex marriage and adoption in that country, a move the Catholic Church immediately criticized. Weighing in on another political issue, Pope Benedict also urged Spanish voters to reject an upcoming referendum [The Scientist backgrounder] that would lift bans on embryo research. Reuters has more. Vatican Radio provides local audio coverage.

[JURIST] Former Massachusetts Speaker of the House of Representatives [official website] Thomas Finneran [official website] was indicted Monday on charges of perjury and obstruction of justice for lying about his role in a redistricting plan [Common Cause backgrounder on redistricting in Massachusetts]. Finneran, considered for many years the most influential state politician, resigned to run the Massachusetts Biotechnology Council [official website] in September 2004. A lawsuit was originally brought by minority groups who felt the redistricting plan would hurt black and Hispanic candidates while aiding Finneran and other incumbants. Finneran denied seeing the new map before it was filed with the House clerk but House rules and state law permit the Speaker to take an active role in the process. AP has more.

[JURIST] Lawyers for former HealthSouth CEO Richard Scrushy [JURIST news archive] said Monday he is unwilling to reach a plea bargain with prosecutors and is prepared for a retrial if necessary. Scrushy denies wrongdoing in the $2.7 billion accounting fraud case in which prosecutors have charged him with wire and mail fraud, money laundering, and violations of the Sarbanes-Oxley Act [summary]. Last week [JURIST report] prosecutors were just as adamant in their unwillingness to cut a deal, even with the possibility of a mistrial [JURIST report] becoming less remote. Reuters has more.

[JURIST] Taiwan's largely ceremonial National Assembly [official website] will conduct its final business Tuesday as it votes on proposed amendments to the island-nation's constitution [text]. The passage of the amendments is virtually guaranteed, as the two largest political parties in Taiwan are both in favor of them and both have threatened to fire their delegations for failure to turn up and vote on the proposals. Among the proposed reforms is a plan to halve the membership in the nation's parliamentary body, the Legislative Yuan [government website in Chinese], which would effectively eliminate all minor political parties from the political process. The amendments will provide for all future constitutional amendments to be decided by a national, popular referendum. In its final act, the recently-elected Assembly [JURIST report], originally convened in 1946 on mainland China to ratify the Chinese republic's first constitution, will enact a self-dismissing resolution, abolishing the National Assembly as part of the government. JURIST's Paper Chase has continuing coverage of Taiwan [JURIST news archive]. Channel News Asia has local coverage.

[JURIST] The Nepal Bar Association [profession website] has called for the immediate dissolution of the royal government and new parliamentary elections after approving a resolution Sunday that characterized the 1 February declaration of a state of emergency [JURIST report] by King Gyanendra [official profile] as an 'extreme violation' of the Nepalese Constitution. The association representing over 10,000 legal professionals in Nepal made the call at the end of a two-day conference, during which lawyers also criticized press restrictions and a powerful new anti-corruption commission which has already charged the former prime minister with misallocation of public funds. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. BBC News has more.

[JURIST] The South Korean Ministry of Government Administration and Home Affairs [government website] announced Monday a plan to enact a law that would allow families of South Koreans kidnapped by the North Korean government in the 1960s and '70s to recover against South Korea for abuses that occurred as a result. Officials in South Korea [government website] were responsible for the harassment, abuse, and even torture of family members of the kidnap victims, as it was originally believed that the individuals were defecting to North Korea with confidential reports of South Korea's military capabilities. South Korea estimates that close to 3,790 of its citizens were kidnapped following the Korean war. Nearly 500 were never returned. South Korea's Chosun Ilbo has local coverage.

[JURIST] A prosecutor in the trial of former University of South Florida professor Sami Al-Arian [advocacy website] said in his opening remarks Monday that Al-Arian was at one time the most powerful man in an organization responsible for the deaths of more than 100 people in Israel, the West Bank, and the Gaza Strip. The former computer science instructor and three other men are accused [JURIST report] of using an academic think tank as a front for fundraising and supporting the terrorist group Palestinian Islamic Jihad [backgrounder]. Al-Arian and the other defendants claim the trial is an attack against them based solely on their unpopular beliefs in support of Palestine. View a complete list of the charges and filings [official text] in the case. AP has more.

[JURIST] Voters in Chad went to the polls Monday to decide whether the current limitation of two terms on the country's president should be removed from Chad's constitution [text in French]. The referendum is being held in response to a bill passed by the Chad Parliament that will remove all term limits from the constitution if approval is obtained from a national referendum. The push for the removal of term limits came from current Chadian President Idriss Deby [Wikipedia profile], who has already served two terms and is currently barred from running for re-election in 2006. Opposition parties in Chad [government website in French] have called on citizens to boycott the referendum and ensure that Chad doesn't become a monarchy, with Deby at its head. Voters have alleged military pressure to vote for the removal of term limits, and the nation's election commission has estimated the eligible voter count at greater than the country's over-18 population, leading to calls of fraud on the part of the government. Due to voting among the country's large nomadic population, results in the poll aren't expected until the end of June. Voice of America has more.

[JURIST] A trial chamber of the International Criminal Tribunal for the Former Yugoslavia [official website] ruled Monday that former Kosovo prime minister Ramush Haradinaj [BBC profile] would be granted provisional release pending his war crimes trial at The Hague, but immediately stayed the order for 24 hours to allow filing of a proscution appeal under Rule 65 (F) [official text] of the court's Rules of Procedure and Evidence. In making its ruling, the trial chamber cited assurances from the UN Mission in Kosovo [official website], and Haradinaj's voluntary surrender to the tribunal. The Prosecutor's Office had originally objected to Haradinaj's release [JURIST report] in consideration of possible dangers that could pose to victims and witnesses still in Kosovo. Haradinaj is accused of crimes against humanity and violations of the laws of war [official ICTY indictment]. Read the official ICTY press release.

[JURIST] Kyrgyzstan Prosecutor General Azimbek Beknazarov announced Monday that he had issued an international arrest warrant for former Kyrgyz Prime Minister Nikolai Tanaev [official profile], believed to be hiding in Moscow, Russia after fleeing there following the April ouster of the Krygyz government after popular protests [JURIST report] after a disputed election. Beknazarov said that he had sufficient evidence to seek a conviction against Tanaev for illegally transferring state funds to a private construction company owned by Tanaev's son. Beknazarov announced that an extradition request had been sent to the Russian government in case Tanaev turned up in the country. Tanaev could face up to eight years incarceration if convicted. Radio Free Europe has more.

[JURIST] A Washington state judge Monday rejected the Republican challenge [JURIST report] to Democratic Governor Christine Gregoire [official website] and upheld the 2004 gubernatorial election results that put her in office after multiple recounts, finding no evidence of fraud. Chelan County Superior Court Judge John Bridges acknowledged flaws in the voting procedure but said "this court is not in the position to fix the deficiencies in the election process," noting that the citizens of Washington can demand remedial measures for the legislative and executive branches. AP has more.

[JURIST] Cambodia's opposition Sam Rainsy Party [official website] called on the government [press release] Monday to organize a program that would allow ordinary citzens the chance to contribute to the Khmer Rouge [MIPT profile] trial fund. The Cambodian government had already committed to contributing $13 million [UN press release; JURIST report] to the trials but now claims that it can afford to pay just over $1 million. Outside donors [JURIST report] have pledged nearly $40 million, but the proceedings are expected to cost more than $70 million. ABC Australia has more.

[JURIST] The president of Australia's Law Council [official website], the official voice of lawyers throughout Australia, criticized wide-ranging anti-terrorism powers granted to the Australian Security Intelligence Organisation [government website] in testimony Monday before an Australian parliamentary committee. The ASIO has the power to detain individuals for up to a week without having to file a criminal charge and can question individuals for periods as long as 24 consecutive hours. Council head John North [official profile] warned that the powers given to the ASIO are too extreme and represent a breach of necessary civil and human rights traditionally respected in Australia. He urged that if the Australian Parliament [government website] found it necessary to keep the anti-terrorism legislation in place, that the powers be given to the Australian Crime Commission [government website] instead and that the procedures follow already-established guidelines for criminal detentions. Read the official Law Council press release. Australia's Daily Telegraph has local coverage.

[JURIST] US Air Force Gen. Richard Myers [profile], Chairman of the Joint Chiefs of Staff, said Monday that the two or three reported incidents of deliberate Koran abuse were not likely to result in "court-martial activity." Five incidents of Koran abuse [JURIST report], not all of which were deliberate, were reported by the US military [US Southern Command press release] last week including the holy book being kicked and splashed with urine. About five more similar cases were reported in all during more than 28,000 detainee interrogations according to military officials. Reuters has more.

[JURIST] The International Criminal Court [official website] announced [press release] Monday the opening of its investigation into reports of war crimes in the Darfur region of Sudan after the UN Security Council referred the Darfur situation [JURIST report] to it earlier thus year and UN investigators passed along a list of 51 possible suspects [JURIST report]. In an effort to expedite the trials ICC investigators are focusing their attention on only the most serious criminals, a group that may include rebels, militiamen and even government leaders. Sudan has expressed reluctance to cooperate in the effort and claims to be setting up its own tribunal [JURIST report]. AP has more.

[JURIST] The US Supreme Court ruled Monday that foreign cruise ships in US waters and ports are subject to federal civil rights law, overturning a Fifth Circuit Court of Appeals decision [PDF]. The ruling extends the American with Disabilities Act of 1990 to cover foreign vessels. Read the Court's opinion [PDF text] in Spector v. Norweigan Cruise Lines [Duke Law backgrounder]. Reuters has more.

Also Monday, the Supreme Court rejected Alaska's claim to title of submerged land that the federal government has claimed title to since Alaska became a state. The unanimous decision upheld a Special Master's recommendation [PDF report]. Read the Court's opinion [text] in Alaska v. US [Duke Law backgrounder].

Finally, the Supreme Court Monday granted certiorari in Will v. Hallock regarding the res judicata provision of the Federal Trade Commission Act [text]. No other cases were granted cert; Monday's full Order List is here.

[JURIST] In a 6-3 decision the US Supreme Court [official website] ruled Monday in Gonzales v. Raich that Congress has the power to criminalize the growth and use of marijuana for personal medical reasons with a doctor's recommendation. The case was an appeal by the Bush administration from a Ninth Circuit Court of Appeals decision [PDF] ruling that the federal Controlled Substances Act [text] exceeded Congress' power under the Commerce Clause [Wikipedia entry]. The majority relied on the broad endorsement of Commerce Clause power in Wickard v. Filburn [summary]. Justice O'Connor in dissent said that states should be able to define their own criminal laws. Read a backgrounder on the case from Duke Law.

[JURIST] An official with the parliamentary committee overseeing the drafting of Iraq's permanent constitution [JURIST report] said Sunday that up to 35 Sunni Arabs will be listed by their leaders as willing to help draft the new constitution. The 55-member committee, which itself includes only 2 Sunnis is hoping, with US support [JURIST report], to use the experts to bring Sunnis into the drafting process and try to lessen the frustration and anger of a group thought to be playing a large role in the insurgency. The additional Sunnis would not have voting power on the committee but would be consulted in a effort to frame a consensus. A draft of the constitution is due by mid-August. The Sunni list is expected to be ready by Thursday. The New York Times has more.

[JURIST] The New York Times reported Monday that the first court case brought against Saddam Hussein in late summer 2005 [JURIST report] before the Iraqi Special Tribunal (IST) [official website] will relate to the 1982 killings of close to 160 men [IST press release] from the mostly Shiite village of Dujail after an attempt on Saddam's life there. In an effort to speed up the trial process, something Iraq's transitional government supports, the Special Tribunal decided to schedule this early trial of the former Iraqi president on lesser-known charges. US advisors had promoted a slower process of trying Saddam's close aides first and waiting until 2006 to bring Saddam himself to court. Hussein will eventually face trial for chemical weapons attacks on Kurdish villages, the murderous suppression of a Shiite rebellion, and the killings of more than 500 family members of Kurdish leader Massoud Barzani [Wikipedia profile]. The New York Times has more.

[JURIST] Downing Street confirmed Monday that the UK was postponing indefinitely a referendum on the troubled EU constitution after the charter's rejection by both France [JURIST report] and the Netherlands [JURIST report]. The vote had been expected for spring 2006. A spokesman for British Prime Minister Tony Blair [official website] insisted, however, that the postponement was not a signal that the UK believed the constitution was necessarily dead as the possibility of a vote in the future still existed. UK Foreign Secretary Jack Straw will make an announcement [JURIST report] in the House of Commons this afternoon. The decision comes as French President Jacques Chirac and German Chancellor Gerhard Schroeder have been urging countries to continue the ratification process [JURIST report] in spite of the setbacks from the French and Dutch votes. Blair's spokesman added that Europe needed to reflect on why those two countries rejected the charter and said that the need for economic reform was likely a factor. AP has more.

12:16 PM ET - UK Foreign Secretary Jack Straw has made a statement [text] to the House of Commons regarding the charter.

[JURIST] Texas Governor Rick Perry [official website] signed a bill Sunday [press release] requiring parental consent to abortions for girls under the age of 18 and tighter restrictions on abortions for women who are more than 26 weeks pregnant. Before a crowd of 1,000 supporters in a high school gym at a Fort Worth evangelical Christian school [school website], Perry also gave ceremonial endorsement to a legislatively-endorsed resolution [JURIST report] to amend the Texas constitution to ban same-sex marriage in the state. Texas voters will decide the issue in a vote in November. About 350 demonstrators were also on hand, many to protest the measure to ban same-sex marriage. AP has more.