Rancorous, partisan start for Kavanaugh high court hearing

Supreme Court nominee Brett Kavanaugh declared fervently at his Senate confirmation hearing Tuesday the court "must never, never be viewed as a partisan institution." But that was at the end of a marathon day marked by rancorous exchanges between Democrats and Republicans, including dire Democratic fears that he would be President Donald Trump's advocate on the high court. The week of hearings on Kavanaugh's nomination began with a sense of inevitability that the 53-year-old appellate judge eventually will be confirmed, perhaps in time for the first day of the new term, Oct. 1, and little more than a month before congressional elections. However, the first of at least four days of hearings by the Senate Judiciary Committee began with partisan quarreling over the nomination and persistent protests from members of the audience, followed by their arrests. Strong Democratic opposition to Trump's nominee reflects the political stakes for both parties in advance of the November elections, Robert Mueller's investigation of Trump's 2016 campaign and the potentially pivotal role Kavanaugh could play in moving the court to the right. Democrats, including several senators poised for 2020 presidential bids, tried to block the proceedings in a dispute over Kavanaugh records withheld by the White House. Republicans in turn accused the Democrats of turning the hearing into a circus. Trump jumped into the fray late in the day, saying on Twitter that Democrats were "looking to inflict pain and embarrassment" on Kavanaugh. The president's comment followed the statements of Democratic senators who warned that Trump was, in the words of Sen. Richard Blumenthal of Connecticut, "selecting a justice on the Supreme Court who potentially will cast a decisive vote in his own case." In Kavanaugh's own statement at the end of more than seven hours of arguing, the federal appeals judge spoke repeatedly about the importance of an independent judiciary and the need to keep the court above partisan politics, common refrains among Supreme Court nominees that had added salience in the fraught political atmosphere of the moment.

Court: Cities can't prosecute people for sleeping on streets

Cities can't prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to cruel and unusual punishment, which is unconstitutional, a federal appeals court said Tuesday. The 9th U.S. Circuit Court of Appeals sided with six homeless people from Boise, Idaho, who sued the city in 2009 over a local ordinance that banned sleeping in public spaces. The ruling could affect several other cities across the U.S. West that have similar laws. It comes as many places across the West Coast are struggling with homelessness brought on by rising housing costs and income inequality. When the Boise lawsuit was filed, attorneys for the homeless residents said as many as 4,500 people didn't have a place to sleep in Idaho's capital city and homeless shelters only had about 700 available beds or mats. The case bounced back and forth in the courts for years, and Boise modified its rules in 2014 to say homeless people couldn't be prosecuted for sleeping outside when shelters were full. But that didn't solve the problem, the attorneys said, because Boise's shelters limit the number of days that homeless residents can stay. Two of the city's three shelters also require some form of religious participation for some programs, making those shelters unsuitable for people with different beliefs, the homeless residents said.

Israel's Supreme Court sentences tycoon to 3 years in prison

Israel's Supreme Court has sentenced one of the country's most prominent businessmen to three years in prison for securities fraud. The court ruled Wednesday that former IDB Holding Corp. controlling shareholder Nochi Dankner will begin serving his prison term on Oct. 2 for his role in carrying out millions of dollars' worth of fraudulent transactions in an attempt to influence the share price of the troubled company. IDB took on millions of dollars in debt following a series of bad business deals. The courts wrested control of IDB from Dankner as a result. Dankner, a favorite of Israel's business community, was often credited with helping rescue Israel's economy at the height of a Palestinian uprising. Under his leadership, IDB became Israel's largest holding company and Dankner became a celebrity.

Indian Supreme Court orders house arrest for activists

kept under house arrest instead of police custody until it rules next week on a petition challenging their detention. Police, meanwhile, broke up a protest in southern India against the arrests and detained about two dozen people. Attorney Prashant Bhushan said the court order will prevent police from taking the five to the western city of Pune, where authorities are investigating their alleged links to Maoist rebels in various parts of the country. The Supreme Court also ordered the federal and state governments to provide detailed reasons for their arrests within three days. It set Sept. 6 for the next hearing in the case. Those arrested on Tuesday were Telugu-language poet Varavara Rao in Hyderabad, Vernon Gonzalves and Arun Farreira in Mumbai, and Gautam Navalakha and Sudha Bhardwaj in New Delhi and a neighbouring town. Police accused the five of delivering speeches that triggered protests and violence between low-caste Dalits and right-wing groups near Pune in December. The government says Maoist rebels, who are active in several states, are India's biggest internal security threat. The rebels, inspired by Chinese revolutionary leader Mao Zedong, have been fighting the government for more than four decades, demanding land and jobs for the poor and indigenous communities.

Lawyers will seek to shift blame for warehouse fire at trial

Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's owner and government officials. Derick Almena, 48, and Max Harris, 28, on Friday appeared briefly in an Oakland courtroom for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial. Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense. Serra also said numerous government officials visited the illegally converted warehouse before the fire, and they had a duty to report the building's condition to authorities. Almena lived in the warehouse with his wife and three children and were visited by Alameda County's Child Protective Services officials several times. Oakland police officers were also called to the warehouse on several occasions to investigate noise complaints and tenant disputes, among other issues.

Alabama Supreme Court won't move lawsuit against Moore

The Alabama Supreme Court on Friday refused to transfer a defamation lawsuit against former U.S. Senate candidate Roy Moore by a woman who says Moore molested her decades ago. The court denied Moore's request to have the case heard in Etowah County instead of Montgomery. Moore issued a statement calling the decision "ridiculous." Leigh Corfman accused Moore of sexually molesting her decades ago when she was 14 and he was a prosecutor in his 30s. Moore has denied the allegations, but they became an issue in the 2017 race in Alabama to replace Attorney General Jeff Sessions in the U.S. Senate. Moore lost to Democrat Doug Jones. Corfman in January filed a lawsuit against Moore and his campaign, saying they defamed her and made false statements, calling her a liar and immoral as they denied the claims in the midst of the election. Moore sought to have the case heard in Etowah County where he and Corfman both live. "The Court itself admits venue is proper in either county. Should not the case be tried in the county where we both live and where her reputation and character are well known?" Moore said. Etowah County has also been friendlier territory for Moore. During the U.S. Senate race, Moore won about 60 percent of the vote in Etowah County, while he garnered just 27 percent of in Montgomery. Several Supreme Court justices recused from the case involving Moore, who is a former chief justice of the court. Five retired judges were randomly selected to hear the case along with Associate Justice Brady Mendheim, Jr., and Associate Justice Will Sellers.

Court, regulators clash over uranium project in South Dakota

Federal regulators recently abandoned a proposed survey of Native American cultural resources at a planned uranium mine site in the southwest part South Dakota, just days before a judge decided the survey is required by federal law. The contradictory actions could further complicate and prolong a regulatory review process that is already nearly a decade old, the Rapid City Journal reported. Powertech (USA) Inc., a subsidiary of Canada-based Azarga Uranium, wants to develop a mine 13 miles northwest of Edgemont, on the remote southwestern edge of the Black Hills. The project is named "Dewey-Burdock," for two old town sites in the area. The uranium would be mined by the "in situ" method, which involves drilling dozens of wells across a wide area. A liquid solution is pumped underground to dissolve the uranium and bring it to the surface, so it can be processed for use in nuclear power plants. Contention over the potential presence of Native American burial sites, artifacts and other cultural resources within the 17-square-mile area of the proposed mine has been ongoing since Powertech applied to the U.S. Nuclear Regulatory Commission for a license in 2009. Nevertheless, the commission granted the license in 2014, even as a dispute about the lack of an adequate cultural resources survey was still pending before the commission's Atomic Safety and Licensing Board.