[I]t would be most surprising if state and local officers lacked the authority, where appropriate, to arrest individuals suspected of committing federal crimes such as bank robbery, kidnapping or terrorism. State and local officers are not required to stand idly by and allow such criminals to proceed with impunity. The same holds true with criminal violations of the immigration laws.

The Arizona immigration law, which has been widely criticized as unconstitutional for allegedly legalizing racial profiling, has sparked a nationwide debate on immigration policy, prompting calls for immigration reform [JURIST report] from President Barack Obama [official profile]. Last week, a judge for the US District Court for the District of Arizona [official website] issued a preliminary injunction [JURIST report] against the most controversial aspects of the law. This includes provisions requiring the verification of the immigration status of people reasonably suspected of being illegal immigrants, authorizing the warrantless arrest of those police have probable cause to believe have committed an offense that could lead to deportation, and requiring noncitizens to carry their registration papers with them at all times. On Friday, the US Court of Appeals for the Ninth Circuit [official website] denied Arizona's request for an expedited appeal [JURIST reports] to lift the preliminary injunction. The court scheduled the next hearing for November.

The Guinea-Bissau authorities now have a solid legal framework to start implementing the national SSR strategy, restructure the Armed Forces and establish new police bodies. ... Although the mission has achieved significant results, political instability and the lack of respect for the rule of law in the country make it impossible for the EU to deploy a follow up mission, as originally foreseen, without compromising its own principles. ... [T]he EU is convinced that its support to Guinea Bissau must be matched by an unequivocal commitment on the part of the national authorities to a real respect of democratic principles, human rights and the rule of law.

In April, UN Secretary-General Ban Ki-moon [official profile] called on leaders in Guinea-Bissau to respect the rule of law and maintain constitutional order [JURIST report] in the wake of a confrontation between the military and government in which the prime minister was detained and later released. Guinea-Bissau's military has officially denied [Reuters report] any attempt at a coup, but armed forces chief of staff Admiral Jose Zamora Induta was removed from office, and Prime Minister Carlos Gomes Junior was taken into military custody. The conflict between military and government highlights continuing tensions over the assassination of president Joao Bernardo Vieira [Times Online report] in 2009.

Although public authorities have been subject to the gender equality duty for several years now, there is widespread ignorance not only about how strong these laws actually are, but also what specific steps are required to be undertaken. However, the case law is crystal clear in spelling this out. Firstly, an equality impact assessment must be conducted before policy decisions are taken. Secondly, where an assessment reveals a risk of discrimination, urgent action must be taken.

Since it took effect in April 2007, the gender equality duty has required all public authorities in England, Scotland and Wales to reduce gender inequality in exercising their authority as dictated by the Sex Discrimination Act 1975 and the Equality Act 2006 [materials, PDF]. The 2010 UK budget [materials] was released on June 22 and has received criticism for slashing government services and hiking the value-added tax (VAT) to 20 percent [BBC report] while reducing taxes on corporations [BBC reports].

[R]aise[d] a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate—and tax—a citizen's decision not to participate in interstate commerce. Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue. No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person's decision not to purchase a product, notwithstanding its effect on interstate commerce. Given the presence of some authority arguably supporting the theory underlying each side's position, this Court cannot conclude at this stage that the Complaint fails to state a cause of action.

The Obama administration filed [JURIST report] its brief [text, PDF] urging the dismissal of a lawsuit in May. In the brief, attorneys representing Health and Human Services Secretary Kathleen Sebelius [official website] argued that the state lacks standing to challenge the provision because it "alleges no actual or imminent injury to its own interests as a state." Additionally, the brief argued that even if Virginia had standing, the law is a constitutional exercise of congressional Commerce Clause power under Supreme Court [official website] precedent. The Virginia General Assembly [official website] passed the ban on a federal mandate in March. The Virginia Health Care Freedom Act was the first of its kind passed by any state, and says that no individual shall be held liable if they refuse to sign up for health care. Also in May, the National Federation of Independent Businesses (NFIB) [association website], a small business lobby group, joined a lawsuit [JURIST report] challenging the health care reform law. The NFIB joined 20 states in a suit that began in March when a complaint seeking injunction and declaratory relief was filed [JURIST reports] in the US District Court for the Northern District of Florida [official website]. Among the allegations in the suit are violations of Article I and the Tenth Amendment of the Constitution [text], committed by levying a tax without regard to census data, property, or profession, and for invading the the sovereignty of the states. The plaintiffs also assert that the law should not be upheld under the Commerce Clause.

The outcome of the referendum places Zanzibar among the small but growing group of African nations that have negotiated power-sharing accords after experiencing disputed elections. Both Zimbabwe and Kenya signed power-sharing agreements after disputed elections in 2008, and rival factions in Madagascar [JURIST reports] agreed to form a unity government in 2009. Zanzibar, a semi-autonomous territory of Tanzania, will set itself apart from Kenya, Zimbabwe and Madagascar, by enshrining the new form of government in its constitution.

The UNHRC on Friday called on Israel to cooperate [JURIST report] with an international inquiry into the flotilla incident. Earlier this month, an Israeli military probe found insufficient intelligence and planning [JURIST report] in the raid in a report, but also concluded that no punishments were necessary. The report also pointed out the operation relied "excessively on a single course of action ... while no alternative courses of action were prepared for the event of more dangerous scenarios." It went on to commend the actions of the soldiers and their commanders, who exhibited "correct decision making" and justifiably resorted to the use of their firearms. Last month, Israeli Prime Minister Benjamin Netanyahu [official website; BBC profile] established a separate panel of jurists [JURIST report] to investigate the attack independently from the military investigation. The panel has not yet completed its investigation. Israeli forces raided six ships attempting to deliver more than 10,000 tons of aid to Gaza in May. The raid left numerous wounded and resulted in the deaths of nine pro-Palestine activists - eight Turks and one American.

About 3,500 other soldiers will face lesser charges in military courts, which have already convicted more than 200 [JURIST report]. Six special courts were established [BD News report] shortly after the Bangladeshi Supreme Court [official website] recommended against [JURIST report] military court-martial trials for BDR members who took part in the mutiny. Dozens of BDR officers, including the force's commander, were killed, their bodies left in sewers and shallow graves during the mutiny, which was sparked by grievances over pay and conditions. President Zillur Rahman [official profile] asked for the court's opinion to determine whether the accused should be tried under the Army Act of 1952 [text] or whether they should face civilian trials. Prime Minister Sheikh Hasina [BBC profile] initially offered the mutineers amnesty as part of a deal negotiated to end the uprising, but the agreement was rescinded when the conduct of the mutineers was fully revealed.

In March, Human Rights Watch (HRW) [advocacy website] urged the Malaysian government to drop all charges [JURIST report] against Anwar. HRW alleges that the trial has been "plagued by serious due process problems and government interference" and that the government should therefore drop all charges against Anwar. HRW Deputy Asia Director Phil Robertson said, "[t]he government should end this charade of justice and drop the charges against Anwar. Every step of the way, the court has blocked Anwar's lawyers from preparing a thorough defense." Earlier that month, the Malaysian Federal Court rejected Anwar's claim [JURIST reports] that his 1998 removal from office was unconstitutional. Anwar was Malaysia's deputy prime minister until he was fired and then jailed in 1998 following corruption and sodomy charges, of which he was acquitted in 2004. He recently reentered Malaysian politics following the expiration of a 10-year ban [JURIST report] against him for unrelated corruption charges.