Kansas has been at the forefront of the abortion debate, passing several piece of recent legislation restricting access to the procedure. Last year, Brownback signed [JURIST report] the Abortion Reporting Accuracy and Parental Rights Act [HB 2035 materials], which requires unemancipated minors to obtain notarized parental signatures before an abortion may be performed, and the "fetal pain bill" [HB 2218 materials], which restricts abortions beyond 22 weeks of pregnancy based on the belief that a fetus can feel pain at that stage of gestation. He has also signed bills banning insurance coverage [HB 2075 materials] for abortions and requiring new licensing criteria [SB 36 materials] for abortion clinics. The American Civil Liberties Union (ACLU) [advocacy website] filed suit challenging the insurance law last August, but a federal judge refused to block it [JURIST reports]. Last July a judge issued a preliminary injunction blocking the licensing requirements [JURIST report].

Same-sex marriage continues to be a controversial and divisive issue throughout the US. US President Barack Obama declared his support for same-sex marriage last week just one day after voters in North Carolina passed a constitutional amendment to ban it [JURIST report]. In March Maryland became the eighth US state to legalize same-sex marriage, joining Washington, New York, Massachusetts, Connecticut, Iowa, Vermont and New Hampshire [JURIST reports]. Same-sex marriage is also legal in the District of Columbia [JURIST report].

The governor of Puerto Rico approved a referendum [JURIST report] in December to decide whether the territory should maintain its current status or become a state. The referendum is to be held in November and any change in status would need to be approved by the US Congress. The Puerto Rican House of Representatives voted to pass the legislation [JURIST report] to permit the referendum earlier that month. The US House of Representatives approved a bill to establish the referendum [JURIST report] in April 2010, but it was never approved by the Senate. In 2007, the UN Special Committee on Decolonization [official website] called on the US [press release] to quickly resolve the island's political status and release political prisoners. Puerto Ricans last voted on the status of the island in 1998 [results], with the "None of the Above" option winning 50.3 percent, statehood garnering 46.5 percent of the vote and independence only 2.5 percent. The island was established as a US commonwealth in 1952 after Congress adopted the Puerto Rican Constitution. Puerto Ricans have been US citizens since 1917, and the island has been under US control since 1898. Former JURIST Managing Editor Dwyer Arce recently argued that, as US citizens, Puerto Ricans should be entitled to vote [JURIST op-ed] in US presidential elections.

Apple's request for a temporary injunction was denied by the district court [JURIST report] in December. Apple brought its suit [JURIST report] against Samsung Electronics in April of last year, alleging that Samsung copied its iPhone and iPad technology in making its "Galaxy" products. It alleged 10 patent infringements, two trademark violations and two trade dress violations. It also accused Samsung of unfair business practices and unjust enrichment. Last month a German court dismissed a case [JURIST report] in which Apple and Samsung were both accusing each other of patent infringements. Apple also filed a complaint [JURIST report] against Samsung in July with the US International Trade Commission, a week after Samsung filed a similar complaint [JURIST report]. Apple also filed suit against Samsung in a South Korea court [JURIST report] in June.

Last month Human Rights Watch (HRW) [advocacy website] urged [JURIST report] Congo President Joseph Kabila to immediately arrest Ntaganda and deliver him to the ICC to face charges of enlisting children and using them in hostile activities. Although an arrest warrant [text] was issued by the ICC in 2006 and made public [JURIST report] in 2008, Kabila suggested in a public statement earlier this month that he was considering arresting Ntaganda. Although HRW acknowledges that this suggestion is a significant step and shows a positive change in the government's policies, HRW Senior Africa Researcher Anneke Van Woudenberg said the president needs to act on his statements immediately and deliver Ntaganda to The Hague for trial. Ntaganda became a general of the Congolese army after promising to integrate the rebel forces into the Congolese troops. As a result, the government has previously refused to execute the ICC arrest warrant against him, claiming that his presence is needed in order to maintain peace among the troops.

Chapter 12 estates are not taxable entities. Petitioners, not the estate itself, are required to file the tax return and are liable for the taxes resulting from their postpetition farm sale. The postpetition federal income tax liability is not "incurred by the estate" and thus is neither collectible nor dischargeable in the Chapter 12 plan.

The court affirmed the ruling [opinion text] of the US Court of Appeals for the Fourth Circuit. The Supreme Court granted certiorari in the case in June and heard oral arguments [JURIST reports] in November.

This decision adds to a growing list of state and federal courts that have reaffirmed in no uncertain terms that reproductive rights are fundamental constitutional rights that must be afforded the strongest possible legal protection. The court has made it clear this law was never about protecting women. It was about banning safe and effective methods of terminating a pregnancy, and making it impossible for women to exercise the full range of their constitutionally protected rights.

Oklahoma has passed several restrictive abortion laws in recent years. In April 2011, Oklahoma Governor Mary Fallin [official profile] signed into law [JURIST report] a bill [HB 1888 materials] prohibiting abortions after 20 weeks. The law allows abortions past the 20-week mark only in certain extenuating circumstances where the mother faces death or serious injury. A doctor who performs an abortion in violation of the time limit would be subject to criminal prosecution for a felony, but the woman undergoing the procedure would not face a penalty. Last year, an Oklahoma state judge extended a temporary injunction [JURIST report] blocking enforcement of a law [HB 2780 text, RTF] that would require women seeking abortions to have an ultrasound and hear a description of the fetus. In May 2010, the Oklahoma Senate [official website] voted to override the veto of a bill [HB 3284 text, RTF] that would require women seeking an abortion to complete a questionnaire, answering questions such as marital status, reasons for seeking the abortion, and whether the pregnancy is the result of rape or incest.