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Legal news from Sunday, January 1, 2012




Egypt government denies crackdown on NGOs
Sarah Posner on January 1, 2012 3:21 PM ET

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[JURIST] The Egyptian government on Sunday denied cracking down on non-governmental organizations (NGOs) that are advocating democracy in Egypt. The government's response came amid accusations [Reuters report] by various human rights groups that Egypt was trying to silence the military council's vocal opposition. Allegations against the Egyptian government for their treatment of the opposition came after Egypt raided the offices of 17 different NGOs last week. Authorities state that the raid was part of an investigation of illegal political funding activities. The US expressed that they may reconsider the $1.3 billion in military aid given to Egypt annually if the raids against NGOs do not stop. Responding to criticism, the Egyptian government on Friday agreed to cease its crackdowns [JURIST report] on NGOs that advocate for democracy in Egypt, according to the US Department of State (DOS) [official website]. Egyptian officials assured the US [BBC report] that it would return all property and assets seized in the raids to the NGOs.

Despite Egypt's assurances the US said that the raids on NGOs did not positively reflect the Egyptian government's commitment to democracy. The raids resulted from concerns by the Egyptian government over how the pro-democracy NGOs were funded. Egypt's military proclaimed that it would not tolerate foreign interference [Reuters report] in the nation's affairs. The US hinted that the raids may induce increased scrutiny over the $1.3 billion in military aid that the US sends to Egypt annually. Egyptian crackdowns against protesters have drawn significant criticism recently. On Thursday, Egyptian prosecutors and police raided the offices of 17 pro-democracy groups. Two weeks ago, the UN High Commissioner for Human Rights [official website] Navi Pillay [official profile] condemned [JURIST report] a brutal suppression of protesters that led to 11 deaths and over 500 injuries.




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Chief justice responds to recusal requests in year-end report
Sarah Posner on January 1, 2012 2:40 PM ET

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[JURIST] Chief Justice John Roberts on Saturday in his year-end report [text, PDF] expressed complete confidence in the ability of the US Supreme Court [official website] justices to recuse themselves from cases with a personal interest at stake. Roberts' comments came amid controversy over whether two justices on the Court should recuse themselves [AP report] when the Supreme Court decides the constitutionality [SCOTUS blog] of Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder] this term. Republicans have called on Justice Elena Kagan to step off the case based on her work as solicitor general under the Obama administration while Democrats insist that Justice Clarence Thomas not participate in the case due to his wife's work with various groups opposing this health care reform. Lawmakers criticize the US Supreme Court's ethical practices for employing less strict ethical standards than other federal courts. Though not directly mentioning the health care case, Roberts states in the report:
I have complete confidence in the capability of my colleagues to determine when recusal is warranted. They are jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process. I know that they each give careful consideration to any recusal questions that arise in the course of their judicial duties. We are all deeply committed to the common interest in preserving the Court's vital role as an impartial tribunal governed by the rule of law.
The Court is expected to rule on the constitutionality of the PPACA by the end of June.

In November, the Supreme Court agreed to hear arguments [JURIST report] on the constitutionality of the PPACA. The court granted certiorari [order list, PDF] in three separate cases, reserving five-and-half-hours for oral argument on the issue. The court agreed to hear two hours of arguments on the constitutionality of the individual insurance mandate issue in Department of Health and Human Services v. Florida [docket]. The court will consider Issue 1, which asks, "whether Congress had the power under Article I of the Constitution to enact the minimum coverage provision." The court consolidated the cases of National Federation of Independent Business v. Sebelius [docket] and Florida v. Department of Health and Human Services [docket] and will hear 90 minutes of oral argument on the question of whether the individual mandate provision can be severed from the remainder of the act. All three cases that the court agreed to hear arose out of the US Court of Appeals for the Eleventh Circuit, which ruled in August that the individual mandate is unconstitutional but severable [JURIST report], upholding the rest of the law.




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Obama signs controversial defense bill into law
Max Slater on January 1, 2012 11:11 AM ET

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[JURIST] US President Barack Obama [official website] on Saturday signed [statement] the National Defense Authorization Act for 2012 (NDAA) [SB 1867, pdf] into law despite having reservations over certain provisions in the bill. The contentious legislation contains a clause that allows the president to use "all necessary and appropriate force" to detain persons suspected of terrorism. Obama stated that while he supports the bill as a whole, he does not agree with everything in it, specifically the provisions regulating the detention, interrogation and prosecution of suspected terrorists. Obama indicated that his administration's success against al Qaeda [JURIST news archive] and affiliated terrorist organizations was based on flexibility which allows counterterrorism professionals to adapt to changing circumstances and utilize a broad range of practices to protect the American public. According to Obama, his administration will interpret and implement the controversial provisions in a manner which will provide the maximum measure of flexibility. Specifically, Obama noted that his administration will interpret the section requiring military custody for a narrow category of non-citizen detainees as allowing the executive branch to waive the military custody requirement when it would be in the best interest of national security. The American Civil Liberties Union (ACLU) [advocacy website] vigorously chastised the President [statement] stating that the statute is dangerous due to its lack of temporal or geographic limitations, and due to the fact that it could be used in the future to detain individuals captured "far from any battlefield."

Both houses of Congress reached an agreement [JURIST report] on the language of the NDAA's most controversial sections in mid-December. Earlier in December, the Senate Armed Services Committee (SASC) [official website] unanimously approved [JURIST report] a provision in the NDAA that gives the military complete control and custody over terror suspects. Shortly before the SASC's decision, the ACLU issued a report [pdf] claiming that the US is diminishing its "core values" [JURIST report] with regard to various counterterrorism measures put in place during the 10 years since the 9/11 attacks [JURIST backgrounder]. To support this contention, the report cites to US policies regarding indefinite military detention for terrorism suspects, the use of torture on terrorism suspects and enemy combatants, racial and religious profiling and domestic surveillance and wiretapping.




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