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Legal news from Sunday, March 26, 2006 |
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Scalia remarks spark furor as high court prepares to hear military tribunals case
Katerina Ossenova on March 26, 2006 1:49 PM ET

[JURIST] Newly-disclosed comments by US Supreme Court Justice Antonin Scalia made after a speech [recorded video] at the University of Fribourg in Switzerland earlier this month have touched off a furor in the lead-up to Tuesday's oral arguments in Hamdan v. Rumsfeld [Duke Law backgrounder; merit briefs] on the constitutionality of using military tribunals [JURIST news archive] to try foreign terror suspects. Asked about the constitutional rights of Guantanamo detainees following his March 8 talk [University of Fribourg announcement, in French], Scalia said bluntly that "foreigners, in foreign countries, have no rights under the American Constitution." In reference to detainees receiving civil court trials instead of facing military tribunals, Scalia said of a prisoner, "If he was captured by my army on a battlefield, that is where he belongs. I had a son on that battlefield and they were shooting at my son, and I'm not about to give this man who was captured in a war a full jury trial. I mean it's crazy." Newsweek has more.
Salim Hamdan [Trial Watch profile], who was captured in Afghanistan after serving as Osama bin Laden's personal driver and is currently held by the US military at its prison in Guantanamo Bay [JURIST news archive], Cuba, faces charges [US DOD chargesheet] of conspiracy and terrorism set to be tried by a military commission [JURIST report]. The Bush administration claims it was given power to create military commissions after the September 11 attacks. Lawyers for Hamdan, who has now been held in Guantanamo [JURIST news archive] for four years, believe Hamdan should be tried before an already-established US court and that the US has violated international treaties by denying Hamdan prisoner-of-war status under the Geneva Conventions. Knight-Ridder has more.
In 2003 Scalia recused himself [AP report] from a case on the Pledge of Allegiance after making public remarks on it. Chief Justice John Roberts has already recused himself from Hamdan because he ruled on the case while serving as federal appellate judge. Reuters has more.


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French Interior Minister calls for labor law compromise
Elizabeth Schultz on March 26, 2006 11:43 AM ET

[JURIST] France's Interior Minister and anticipated 2007 French presidential candidate Nicolas Sarkozy [official profile, in French; JURIST news archive] has called for a compromise over a new youth labor law - the so-called First Employment Contract (contrat première embauche, CPE) [FAQ, in French; official backgrounder, in English; BBC Q&A] - which among other things allows employers to fire at will employees under age 26 during the first two years of their employment. In a Saturday speech to members of his conservative Union pour un Mouvement Populaire [political party website, in French], Sarkozy expressed understanding for those protesting the law and added, "When young people see [the law] as unjust, it is necessary to remove misunderstandings by organizing the conditions for dialogue and compromise." Read the full text of Sarkozy's speech [in French]. Sarkozy has called for a six-month trial period for the legislation.
Also on Saturday, French Prime Minister Dominique de Villepin [official profile, in English; JURIST news archive], who has thusfar taken a hard line on the CPE, met with a few more protest leaders, but most stayed away from new talks while others staged a press conference calling for additional protests on Tuesday.
The CPE has prompted more than two weeks of sometimes violent protests [JURIST news archive] by students and young workers since its passage into law [Senate text, in French] on March 9. Supporters of the legislation say it will reduce youth unemployment while opponents claim it is too great a threat to job security. Reuters has more.


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500,000 protest immigration legislation in Los Angeles
Elizabeth Schultz on March 26, 2006 10:28 AM ET

[JURIST] More than 500,000 pro-immigration activists took to the streets in Los Angeles on Saturday to protest Congressional efforts to crack down on illegal immigration [protest website]. The protest came in anticipation of Senate debate [JURIST report] on a reform bill sponsored by Majority Leader Bill Frist scheduled to begin Tuesday of this week if the US Senate Judiciary Committee does not complete its deliberations on alternative legislation Monday. The House has already passed [JURIST report] HR 4437 [text, PDF] which would impose new penalties on employers who hire illegal immigrants, make it a felony to be in the US illegally, and fund the building of fences along one-third of the US-Mexican border. President Bush devoted his weekly radio address [text; recorded audio] Saturday to immigration. Bush said US immigration laws are in need of reform but added, "America does not have to choose between being a welcoming society and being a lawful society." Bush has split with many in the Republican party by supporting a temporary worker program [JURIST report] for some undocumented workers.
There were also pro-immigration protests this weekend in Denver, Charlotte, Dallas, and Sacramento. On April 10 major protests are planned in ten cities in what is being called a "National Day of Action" by organizers. AP has more. The Los Angeles Times has local coverage.


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