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Legal news from Saturday, July 16, 2011




Ninth Circuit partially reinstates 'Don't Ask Don't Tell'
LaToya Sawyer on July 16, 2011 12:04 PM ET

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[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Friday ordered [text, PDF] the "Don't Ask Don't Tell" policy (DADT) [10 USC § 654; JURIST news archive] to remain partially in place in order for the court to fully consider the issues concerning the policy's complete repeal. The order follows a motion made by the Obama administration on Thursday asking the court to reinstate DADT [JURIST report], which bars gays and lesbians from serving openly in the military. The government filed an emergency motion arguing that the Ninth Circuit panel's decision to order a halt to the policy [JURIST report] was misguided and would hinder the repeal process underway. In the ruling, the court agreed that the new revisions might hinder the repeal process:
In the motion for reconsideration, appellants provide considerably more detailed information concerning the implementation of the Don't Ask, Don't Tell Repeal Act of 2010 than they did in their May 20, 2011, opposition to the motion to lift the stay. ... Appellants acknowledge that they did not previously inform the court of the full extent of the implementation of the Repeal Act. In order to provide this court with an opportunity to consider fully the issues presented in light of these previously undisclosed facts, the stay ... is reinstated temporarily.
Although the DADT policy will be reinstated, the court made explicit demands that the military may not investigate, penalize or discharge anyone from the military as the original 1993 provisions of the policy allowed. Appellants have until July 18 to explain why they did not include the same detailed information in their first motion as they did in their reconsideration motion to lift the stay.

In November, the court issued the original stay [JURIST report] suspending enforcement of the injunction against DADT. The government had requested that the litigation be placed on hold in light of the passage of an act to repeal the policy [JURIST report], arguing that moving forward with the appeal would interfere with the repeal schedule. After hearing seven months of arguments and briefs, the Ninth Circuit rejected that appeal and lifted the stay. Congress recently tried to delay the repeal of DADT when it passed the National Defense Authorization Act for Fiscal Year 2012 [HR 1540 materials], which contains a provision requiring the chiefs of the branches of the military to submit written certification that the DADT repeal will not be harmful. Since the enactment of DADT in 1993, approximately 13,000 servicemen and women have been discharged from the armed forces as a result of the policy.




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Russia president signs law regulating abortions
LaToya Sawyer on July 16, 2011 9:32 AM ET

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[JURIST] Russian President Dmitry Medvedev [official profile; JURIST news archive] signed a law on Thursday that will place restrictions on abortion [JURIST news archive] by requiring that clinics warn women of the health hazards associated with the practice. Abortions in Russia are free at any licensed medical clinic, and the only restrictions on the practice since the end of the Soviet Union ended have applied to late term pregnancies, which are restricted to those performed for the sake of the mother's health or fetal abnormalities. Under the new law, clinics must allocate at least ten percent [NYT report], of their advertising to health warnings. Also, it is now illegal to promote abortion as a safe procedure. The goal of the law is to protect women's health, decrease the number of deaths that occur with the practice, and to mitigate the drop in population that Russia has experienced, as the UN has found Russia to have the highest abortion rate in the world [AP report]. Russia has faced recent political divide over the practice as the Russian Orthodox Church [official website] has made efforts to restrict abortion [press release]. The parliament is expected to take up more legislation dealing with abortion in the fall.

Abortion still remains a hotly debated issue in Europe. In May, the European Court of Human Rights (ECHR) [official website] ruled that a Polish woman who had been denied genetic testing and an abortion was subjected to "inhuman treatment" [JURIST report] violating the European Convention on Human Rights [text]. Last year, the court ruled that Ireland failed to provide [JURIST report] "effective and accessible procedures" to allow Lithuanian women to assert constitutional rights to a lawful abortion. The ruling followed after several women filed suits asserting a violation of their rights to have to travel abroad for abortions. In March 2010, thousands protested in Spain against a bill that would allow abortions [JURIST report] up until 14 weeks of pregnancy.




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