Tag: Justice

  • Setbacks for Poland’s Ruling Law and Justice Party

    Mateusz Morawiecki
    Polish prime minister Mateusz Morawiecki receives applause, February 6 (PiS)

    Poland’s ruling Law and Justice party has suffered a number of setbacks in the last couple of months:

    • It lost local elections in Poland’s big cities and small towns.
    • The European Court of Justice forced it to reinstate 22 Supreme Court justices it had forced into retirement.
    • A bribery scandal at Poland’s financial regulator has thrown doubt on the party’s self-portrayal as “outsiders” who are cleaning up the mess made by corrupt liberal elites. (more…)
  • Kavanaugh Nomination Erodes Supreme Court’s Legitimacy

    United States Supreme Court
    Supreme Court of the United States in Washington DC (iStock)

    Republicans’ determination to put Brett Kavanaugh on the Supreme Court marks an escalation of the politicization of the judiciary in the United States.

    Kavanaugh faces unanimous opposition from Democrats due to allegations of sexual assault, his extreme views on presidential power (Kavanaugh does not believe a sitting president can be indicted or tried) and his partisanship. (more…)

  • Why Republicans Are In a Hurry to Put Kavanaugh on Supreme Court

    United States Supreme Court Washington
    Supreme Court of the United States in Washington DC (Shutterstock/Brandon Bourdages)

    Brett Kavanaugh has been accused of attempting to rape a young woman in prep school and Democrats have been denied the chance to read tens of thousands of documents from his time as a lawyer in the George W. Bush Administration. Yet Republicans are rushing to confirm his nomination.

    Why? Because they worry this may be their last chance to defend their majority on the Supreme Court. (more…)

  • Trump’s Drug Policy Is Destroying Lives

    Donald Trump
    American president Donald Trump arrives in Salt Lake City, Utah, December 4, 2017 (ANG/Annie Edwards)

    Politico reports that President Donald Trump’s crackdown on opioids is backfiring.

    Hundreds of patients told the political news website they have been suddenly refused prescriptions for medications they relied on for years — sometimes just to get out of bed in the morning — and have been left to suffer untreated pain on top of withdrawal symptoms.

    Many … described being tapered off narcotics too quickly or, worse, turned away by doctors and left to navigate on their own. Some said they coped by using medical marijuana or CBD oil, an extract from marijuana or hemp plants; others turned to illicit street drugs despite the fear of buying fentanyl-laced heroin linked to soaring overdose death numbers. A few … contemplated suicide.

    (more…)

  • Law and Justice Continues Anti-Judicial Crusade

    Andrzej Duda
    Polish president Andrzej Duda answers questions from reporters at NATO headquarters in Brussels, January 18, 2016 (NATO)

    There have been two developments this week in the attempts of Poland’s ruling Law and Justice party to subject the judiciary to political control:

    1. The Senate approved legislation that makes it possible for the government to appoint the next Supreme Court chief justice.
    2. The European Court of Justice ruled that other EU countries can refuse extradition requests from Poland if they fear suspects may not receive a fair trial there. (more…)
  • America’s Supreme Court Has Become Too Powerful

    United States Supreme Court
    Supreme Court of the United States in Washington DC (iStock)

    Ezra Klein makes an excellent point in Vox: the stakes of Supreme Court nominations in America are too high.

    Candidates serve for life — which, given modern life spans and youthful nominees, can now mean forty years of decisions — and no one knows when the next seat will open.

    No other democracy in the world allows judges to serve for life. And in no other democracy is the process of appointing high-court judges so broken. (more…)

  • Trump Uses Pardon Power to Keep Friends Out of Jail

    When Donald Trump pardoned Joe Arpaio last year before the former Arizona sheriff could even be sentenced for criminal contempt of court, I wrote it reminded me of that adage of South American dictators: “For my friends, anything. For my enemies, the law.”

    It has only become worse since then. (more…)

  • Good, Bad and Ugly in Trump’s Drug Plan, Corbyn Parrots Russian Talking Points

    Politico reports that Donald Trump is eying common-sense drug reforms — as well as the death penalty for drug dealers.

    Here is the good, bad and ugly in the president’s plan to fight America’s opioid epidemic.

    The good:

    • Making it easier for drug addicts to get treatment under Medicaid.
    • Raising standards for painkillers that are reimbursed by federal programs.
    • Expanding the availability of naloxone, a life-saving anti-overdose drug.
    • Screening inmates for opioid use on their arrival in prison.

    The bad:

    • Making it easier for prosecutors to invoke mandatory minimum sentences for drug traffickers.

    The ugly:

    • Introducing the death penalty for dealers who sell lethal drugs.

    Tough-on-drugs policies like these have only made America’s opioid crisis worse.

    There is little evidence criminals are deterred by high minimum sentences.

    If anything, they may have encouraged the spread of fentanyl, a drug that is highly potent in small doses. Under current law, it can be sold without triggering mandatory minimums. (more…)

  • Donald Trump’s Instincts on Drugs Are All Wrong

    Donald Trump
    American president Donald Trump arrives in Salt Lake City, Utah, December 4, 2017 (ANG/Annie Edwards)

    Axios reports that President Donald Trump envies countries that execute drug dealers, tells confidants a softer approach to drug reform will never work and that America needs to teach its children they’ll die if they take drugs.

    His administration is looking into triggering five-year mandatory minimum sentences for traffickers who deal as little as two grams of fentanyl. Currently, the threshold is forty grams.

    Fentanyl is a synthetic opioid that can be lethal in extremely small doses. Overdose deaths from fentanyl and other synthetic opioids have increased sixfold since 2013, outstripping those from every other drug.

    But a crackdown won’t help. (more…)

  • Polish Ruling Party Forces Through Reforms to Defang Supreme Court

    Poland’s right-wing Law and Justice party is forcing through judicial reforms that the Supreme Court’s president, Małgorzata Gesdorf, has said would “end” the Supreme Court and “break” the Constitution.

    The changes are expected to be enacted next week after a parliamentary committee voted for the legislation on Thursday.

    During a hearing, lawmakers from the ruling party rejected all amendments from the opposition, refused to hear independent legal counsel and ignored warnings from parliament’s own lawyers, who said the reforms might be unconstitutional.

    Grzegorz Schetyna, the leader of the opposition Civic Platform, has called for demonstrations in the streets.

    “This is no longer a creeping coup,” he told Polish television. “This coup begins to strike.” (more…)

  • “For My Friends, Anything. For My Enemies, the Law.”

    Donald Trump’s pardon of Joe Arpaio, a former Arizona sheriff who was found guilty last month of criminal contempt of court, reminds me of that adage of South American dictators: “For my friends, anything. For my enemies, the law.”

    The president can grant clemency to anyone, but Trump’s predecessors used this power carefully.

    David Frum writes in The Atlantic that Barack Obama only issued his first round of pardons two years into his presidency. George W. Bush waited until May 2004, six months before his reelection.

    Trump, by contrast, appears to have put no formal deliberation into Arpaio’s pardon. He didn’t even wait until the former sheriff could be sentenced! (more…)

  • Repression Is the Wrong Approach to America’s Opioid Epidemic

    One of the few silver linings to last year’s presidential election in the United States was that candidates from both major parties recognized that opioid addiction should be treated as a public-health, rather than a law-enforcement, problem.

    Which makes it all the more disheartening that Donald Trump is taking exactly the wrong approach to this crisis.

    Politico reports that the new president believes in a “tough law-and-order approach” to arrest the rise in drug overdose deaths.

    142 Americans die from opioid abuse every day. That is more than die in car accidents or from guns.

    The crisis is concentrated in postindustrial states like Kentucky and West Virginia: the heart of Trumpland. (more…)

  • Duda Hasn’t Stopped Law and Justice from Subjugating Poland’s Courts

    Andrzej Duda
    Polish president Andrzej Duda answers questions from reporters at NATO headquarters in Brussels, January 18, 2016 (NATO)

    Poland’s president, Andrzej Duda, has surprised observers by vetoing legislation from his own Law and Justice party that would have defanged the judiciary.

    Closer scrutiny suggests Duda’s opposition is less meaningful than it is made out to be, though.

    The president has said he will sign the bills if they are amended and Leonid Bershidsky argues at Bloomberg View that his proposed changes don’t deviate from the legislation’s objective: “to put the judiciary, which the party argues has turned into an elitist caste, under more political control.” (more…)

  • Poland’s Ruling Nationalist Party Steps Up Assault on Judiciary

    Poland’s ruling Law and Justice party pushed through more changes to the court system on Wednesday:

    • One bill takes power to appoint members to the National Judicial Council, which is responsible for appointing lower-level judges, away from the judiciary itself and gives it to parliament, where Law and Justice has a majority.
    • The same law removes fifteen of the 25 judges currently serving on the National Judicial Council.
    • A second bill gives the justice minister the power to unilaterally replace court presidents. (more…)
  • America Relaunches Drug War Based on an Assumption

    Has there been a worse government failure in American history than the war on drugs? At least Prohibition was abandoned after thirteen years.

    Despite governments around the world and states across America recognizing that drugs are better treated as a public health rather than a law-and-order issue, Jeff Sessions, Donald Trump’s attorney general, is determined to give repression another go. (more…)