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Ketanji Brown Jackson faces final day of cross-examination at confirmation hearing – JURIST

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Judge Ketanji Brown Jackson faced her last day of questioning at her confirmation hearing on Wednesday. Confirmation hearings will conclude Thursday with testimony from the American Bar Association and witnesses. The Senate Judiciary Committee will then vote on whether Jackson’s nomination will go to the full Senate for her consideration. Jackson continued to answer questions Wednesday about her experience and her qualifications. She also continued to face criticism for her “judicial philosophy” and her legal background. Addressing the issue of her judicial philosophy, which was first raised during Tuesday’s hearing, Jackson said she uses a “methodology” when deciding cases and is not trying to overstep her role as a judge: “I am well aware that , as a judge in our system, I have limited power and I am trying in all cases to stay in my lane.” During Wednesday’s hearing, Jackson expanded on his response regarding his judicial methodology: “When the court receives an issue that requires constitutional interpretation, it looks at the facts and circumstances of the particular case, and the text and principles of the Constitution to which it is based. light of the times in which they were written, and makes an analogy with today.” Senator Dick Durbin commented that those who identify themselves as originalists “better [their] open mind to the reality that this world is changing. Rhode Island Sen. Sheldon Whitehouse said he appreciated that she had a judicial methodology rather than a judicial philosophy. During the hearing, some accused Jackson of being “soft on crime,” engaging in activism and being evasive when asked about the court. . However, others praised her for her temperament and her historical nomination. Addressing the issue of going soft on crime, Jackson said she gave defendants their day in court. She went on to state that one of the purposes of punishment is rehabilitation. She recalled her time as a public defender and stated that she generally does not encourage defendants to understand her misdeeds. “No one told them, ‘Do you understand that there are children who will never have a normal life because you sold crack to their parents? , and now they are in a vortex of addiction? Do you understand that, Mr. Defendant?’” Jackson also reflected on her time as a judge: What I broadcast, or did when I was a trial judge, while sentencing people to long terms of incarceration was, you’re getting her day in court. You can say what you want to say, but you have to sit here and listen to me read into the record, the victim’s statements, in this case. You have to walk away with the understanding that I am imposing consequences for your decision, your decision to engage in criminal behavior. Even with a long day of answering questions, Senator Cory Booker brought Jackson and others to tears with his remarks praising Jackson. Booker said: “It’s hard for me not to look at you and see my mom. Not seeing my cousin. … I see my ancestors … and no one is going to steal that joy from me.”

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US Supreme Court Adds Controversial Election Case to October 2022 Docket – JURIST

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The US Supreme Court announced Thursday that it will hear a controversial election case dealing with an emerging legal theory based on the election clause of the US Constitution. The theory claims that, under the election clause, State legislatures have unlimited power to determine electoral policy and implementation, and that state courts or state constitutions cannot control that power. map, which was previously struck down by state courts and replaced with a court-ordered map to be used for the 2022 midterm elections. The court found that the original map violated the clause in the state constitution that protects the fairness of the election by giving Republicans an unfair advantage. The court previously declined to hear the emergency case, but Justices Samuel Alito, Neil Gorsuch and Clarence Thomas signaled a willingness to consider the new legal theory in their dissent. Judge Alito, writing in the dissent, said: Both sides make serious arguments, but based on the report we have received, my opinion is that the petitioners’ argument is stronger. The question being presented is one of federal and not state law because the state legislature, in enacting rules for congressional elections, is acting pursuant to a constitutional mandate under the Electoral Clause. Carolyn Shapiro, a law professor and founder and co-director of the Chicago-Kent College of the US Supreme Court Law Institute, took issue with the Justice’s interpretation, saying that “legislatures are created by constitutions. Their powers are defined by the constitutions. How those powers interact with other branches of state government is defined by state constitutions. The limitations of those powers are defined by state constitutions.”

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Trump Affiliated Businessman Sentenced to 20 Months in Prison for Political Donation Crimes – JURIST

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The Justice Department said Wednesday that Lev Parnas, a businessman involved in the Trump-Ukraine affair, was sentenced to 20 months in prison on multiple counts related to soliciting donations from a foreign national. Parnas was convicted on charges of “conspiring to make political contributions of a foreign national in conjunction with soliciting and aiding and abetting the making thereof, conspiracy to make fictitious donations, participation in a wire fraud conspiracy, and making false statements and falsifying records. Parnas will also pay more than $2 million in restitution. The charges of making political contributions by a foreign national stem from events that occurred in March 2018. Parnas and other associates wanted to launch a business to obtain retail marijuana licenses in the US. The group turned over hundreds of thousands of dollars in political contributions before the 2018 election to curry favor with anyone who could help Parnas and his associates obtain these licenses. Parnas and an associate made a donation of $325,000 and falsely claimed that the donation was from Global Power Producers (GEP). Parnas also lied about the fact that he was receiving bogus donations and the contributions were not his own money. The fraud guarantee charges are from between 2012 and 2019. Parnas planned to defraud several people by convincing them to invest in his company. He said the contributions would be used solely for his business. Instead, the payments were withdrawn in cash, placed in personal bank accounts, and used for personal expenses. Damian Williams, US Attorney for the Southern District of New York, stated: “Parnas also defrauded the American public by pumping Russian money into US elections and lying about the origin of funds for political contributions. My office will continue to aggressively prosecute those who put their personal and financial benefit above their country and their investors.” The office’s Public Corruption Unit is handling the Parnas case.

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Indonesian parliament passes law to create more provinces in Papua amid fears of government crackdown – JURIST

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The Indonesian People’s Representative Council on Thursday approved legislation to establish three new provinces in the Papua region. The decision was made during the 26th plenary session when all members unanimously agreed to pass three bills that established the new provinces. Currently, the easternmost region of Indonesia is divided into two regions, Papua and West Papua. However, it will now be divided into five provinces. The three new provinces have been named, South Papua Province with Merauke as its capital, Central Papua Province with Nabire as its capital, and Papua Mountains Province with Jaya wijaya as its capital. Ahmad Doli Kurnia Tandjung, Chairperson of the Council Commission, stated that: The purpose of partitioning Papua is to speed up equitable development, speed up the improvement of public services, speed up community welfare and uplift the dignity of the indigenous people of Papua. Papua. Taking into account political, administrative and legal aspects, socio-cultural unity, human resource preparation, basic infrastructure, economic capacity, future developments and aspirations of the Papuan people. Veronica Koman of Amnesty International Australia expressed concern about how the legislation would affect Papuans. She said that by “cutting and dividing Papua into smaller administrative units, [the Indonesian government] hopes to divide and conquer Papuan identity and resistance.”

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