Cambodia court denies bail for jailed opposition leader

Cambodia's Supreme Court on Tuesday authorized the continued detention of opposition leader Kem Sokha, who faces treason charges that critics have denounced as part of a ruling party campaign to crush political rivals before elections next year. Sam Sokong, a lawyer for Sokha, said the Supreme Court upheld a lower court's refusal of bail on the grounds that Sokha's release would be detrimental to national security and his own safety. Sokha was not at the court hearing. He was arrested Sept. 3 on charges of conspiring with the United States to topple the government of long-ruling Cambodian strongman Hun Sen and faces up to three decades in prison if convicted. Sokha and the U.S. Embassy in Phnom Penh say the accusations are false. Rights groups and Western governments are concerned by Hun Sen's increasingly draconian measures against the media and opposition. But their ability to exercise a restraining influence has been undermined by China's greater role in Cambodia, including investment and generous financial aid. On Nov. 16, the Supreme Court will start hearing a case that seeks the dissolution of Sokha's Cambodia National Rescue Party, the only opposition party with seats in Cambodia's parliament.

Challenge filed in court to Australian gay marriage ballot

Gay-rights advocates filed a court challenge Thursday to the government's unusual plan to canvass Australians' opinion on gay marriage next month, while a retired judge said he would boycott the survey as unacceptable. The mail ballot is not binding, but the conservative government won't legislate the issue without it. If most Australians say "no," the government won't allow Parliament to consider lifting the nation's ban on same-sex marriage. Lawyers for independent lawmaker Andrew Wilkie and marriage equality advocates Shelley Argent and Felicity Marlowe, applied to the High Court for an injunction that would prevent the so-called postal plebiscite from going ahead. "We will be arguing that by going ahead without the authorization of Parliament, the government is acting beyond its power," lawyer Jonathon Hunyor said. Prime Minister Malcolm Turnbull said the government had legal advice that the postal ballot would withstand a court challenge. "I encourage every Australian to exercise their right to vote on this matter. It's an important question," Turnbull said. Gay-rights advocates and many lawmakers want Parliament to legislate marriage equality now without an opinion poll, which they see as an unjustifiable hurdle to reform. Retired High Court judge Michael Kirby, a gay man who supports marriage equality, dismissed the ballot as "irregular and unscientific polling." "It's just something we've never done in our constitutional arrangements of Australia, and it really is unacceptable," Kirby told Australian Broadcasting Corp. Kirby would not comment on the legality of the government proceeding with the 122 million Australian dollar ($96 million) ballot without Parliament's approval, but said: "I'm not going to take any part in it whatsoever." Plebiscites in Australia are referendums that don't deal with questions that change the constitution. Voting at referendums is compulsory to ensure a high voter turnout and that the legally-binding result reflects the wishes of a majority of Australians.

Several leading community groups filed a class-action lawsuit against the city of Chicago Wednesday in a bid to bypass or even scuttle a draft agreement between the city and the U.S. Department of Justice that seeks to reform the nation's second largest police force without federal court oversight. The more than 100-page lawsuit filed in U.S. District Court in Chicago argues that an overhaul of Chicago's 12,000-officer force in the wake of a damning civil rights report in January can't work without the intense scrutiny of a court-appointed monitor answerable to a judge. "Absent federal court supervision, nothing will improve," the lawsuit says. "It is clear that federal court intervention is essential to end the historical and on-going pattern and practice of excessive force by police officers in Chicago." While President Donald Trump's attorney general, Jeff Sessions, has expressed skepticism about court involvement, President Barack Obama's administration saw it as vital to successful reforms. Obama's Justice Department typically took a city reform plan to a judge to make it legally binding in the form of a consent decree. Wednesday's lawsuit — which names Black Lives Matters Chicago among the plaintiffs — asks for a federal court to intervene and order sweeping reforms to end the "abusive policies and practices undergirding the alleged constitutional and state law violations." Mayor Rahm Emanuel's administration said earlier this month that a draft deal negotiated by the city and the Justice Department — one that foresees a monitor not selected by a court — is being reviewed in Washington. Justice Department spokesman Devin O'Malle cautioned last week that "there is no agreement at this time." A lead attorney in the new lawsuit, Craig Futterman, a University of Chicago law professor and outspoken advocate for far-reaching police reforms, said in a telephone interview that reports about the draft influenced the decision to sue now.

Trump visiting Supreme Court as justices weigh travel ban

President Donald Trump is making his first Supreme Court visit at a moment of high legal drama. The justices are weighing what to do with the president's ban on travelers from six mostly Muslim countries. But the reason for his high court trip Thursday is purely ceremonial, to mark Justice Neil Gorsuch's ascension to the bench. Trump has no role in the courtroom ceremony, but presidents often make the trip to the court from the White House to honor their nominees. While the dispute over the travel ban and other controversies have simmered during Trump's first few months in office, his choice of the 49-year-old Gorsuch for the Supreme Court won widespread praise in the legal community as well as unanimous Republican support in the Senate. A federal judge first blocked Trump's initial travel ban in early February. The president issued a revised version in March. It never took effect after judges in Maryland and Hawaii put it on hold. Two federal appeals courts have since upheld those lower court orders. The Trump administration has asked the Supreme Court to allow the ban to take effect immediately. Gorsuch actually has been a member of the high court since April, and he even issued his first opinion on Monday. The investiture ceremony typically takes place before a new justice's first day on the bench, but Gorsuch was confirmed and sworn in on a tight schedule. He filled the seat that had been held for nearly 30 years by Justice Antonin Scalia, who died in February 2016. The high court seat was vacant for nearly 14 months after Senate Republicans refused to take up President Barack Obama's nomination of Judge Merrick Garland.