ruling

Federal judge upholds Hawaii’s new climate change tax on cruise passengers

A federal judge’s ruling clears the way for Hawaii to include cruise ship passengers in a new tourist tax to help cope with climate change, a levy set to go into effect at the start of 2026.

U.S. District Judge Jill A. Otake on Tuesday denied a request seeking to stop officials from enforcing the new law on cruises.

In the nation’s first such levy to help cope with a warming planet, Hawaii Gov. Josh Green signed legislation in May that raises tax revenue to deal with eroding shorelines, wildfires and other climate problems. Officials estimate the tax will generate nearly $100 million annually.

The levy increases rates on hotel room and vacation rental stays but also imposes a new 11% tax on the gross fares paid by a cruise ship’s passengers, starting next year, prorated for the number of days the vessels are in Hawaii ports.

Cruise Lines International Assn. challenged the tax in a lawsuit, along with a Honolulu company that provides supplies and provisions to cruise ships and tour businesses out of Kauai and the Big Island that rely on cruise ship passengers. Among their arguments is that the new law violates the Constitution by taxing cruise ships for the privilege of entering Hawaii ports.

Plaintiff lawyers also argued that the tax would hurt tourism by making cruises more expensive. The lawsuit notes the law authorizes counties to collect an additional 3% surcharge, bringing the total to 14% of prorated fares.

“Cruise tourism generates nearly $1 billion in total economic impact for Hawai‘i and supports thousands of local jobs, and we remain focused on ensuring that success continues on a lawful, sustainable foundation,” association spokesperson Jim McCarthy said in a statement.

According to court records, plaintiffs will appeal. They asked the judge to grant an injunction pending an appeal and requested a ruling by Saturday afternoon, given that the law takes effect Jan. 1.

Hawaii will continue to defend the law, which requires cruise operators to pay their share of transient accommodation tax to address climate change threats to the state, state Atty. Gen. Anne Lopez said in a statement.

The U.S. government intervened in the case, calling the tax a “scheme to extort American citizens and businesses solely to benefit Hawaii” in conflict with federal law.

Kelleher writes for the Associated Press.

Source link

South Korea ruling party leader calls for second special probe

Jeong Cheong-rae, leader of the Democratic Party, speaks during the party’s fourth Central Committee meeting at the National Assembly in Seoul on Dec. 15. Photo by Asia Today

Dec. 15 (Asia Today) — Democratic Party leader Jeong Cheong-rae, whose party holds the presidency, on Monday called for a second, wide-ranging special investigation into an alleged insurrection case, raising questions about Supreme Court Chief Justice Cho Hee-dae after courts rejected arrest warrants for several figures tied to the probe.

Jeong made the remarks at a party Supreme Council meeting at the National Assembly in Seoul, as the mandate of a special prosecutor was set to end. He said the special prosecutor made progress byre-arresting former President Yoon Suk-yeol and referring 24 people to trial, but argued the investigation was constrained by court decisions, including warrant denials.

Jeong said the rejection of warrants for figures such as Choo Kyung-ho was “difficult to accept,” and claimed it fueled suspicions that the judiciary was blocking steps that could lead to broader legal consequences for the People Power Party. He also said the circumstances raised questions about whether Chief Justice Cho may have been involved, citing a meeting on Dec. 3, the day martial law was declared.

Jeong said the Democratic Party would work with the government and presidential office to push for what he called a “second comprehensive special investigation,” and urged a tougher approach without leniency. He said a follow-up probe should also examine allegations involving first lady Kim Keon-hee and issues the current special prosecutor did not fully resolve.

He additionally questioned court case assignment procedures, citing media reports that the treason-related trial was assigned through unusual in-person discussions rather than random distribution. He said the party would pursue legislation to create a specialized court for sedition-related cases.

Jeong also criticized the People Power Party’s use of filibusters, including on bills he said were bipartisan or originally proposed by the party, and said the Democratic Party would seek revisions to parliamentary rules governing the tactic. He offered condolences to victims of a collapse at a construction site at the Gwangju Central Library and called fora thorough investigation.

– Reported by Asia Today; translated by UPI

© Asia Today. Unauthorized reproduction or redistribution prohibited.

Source link

GOP Sees Ruling as Charge to End Racial Preferences : Congress: Dole calls for Senate hearings. Clinton faces challenge of finding a politically viable response.

Republican critics of affirmative action hailed Monday’s Supreme Court decision as a mandate for even more sweeping action by Congress and vowed to press home their attack on federal programs of racial preference.

Senate Majority Leader Bob Dole called the ruling–that preferential treatment based on race is almost always unconstitutional–”one more reason for the federal government to get out of the race-preference business” and summoned fellow lawmakers “to follow the court’s lead and put the federal government’s own house in order.”

Dole, once a supporter of affirmative action, has called for hearings on the subject in the Senate, and has said he may sponsor legislation to rewrite many of the programs. He was joined in his praise of the court ruling by fellow presidential contender Sen. Phil Gramm (R-Tex.), who said Monday’s decision “greatly strengthens the prospects” that he would seek to amend all funding bills passing through Congress this year to bar the use of federal dollars for “quotas and set-asides.”

The court’s dramatic ruling, meantime, thrust President Clinton and other Democrats into a new bind both legally and politically. Administration officials acknowledged it has disrupted a review of the federal government’s 180-odd affirmative action programs now under way. Clinton had sought the review to help deflect criticism both from the GOP and conservative forces within his own party.

Legally, Clinton now can hope to save parts of affirmative action only if he can come up with new rationales that are defensible under the narrow terms outlined by the Supreme Court on Monday. The court said affirmative action programs can be upheld as a means to correct specific, provable cases of discrimination, but not to correct suspected discrimination by a society over time.

That, in turn, underscores Clinton’s political challenge in dealing with the charged issues of race and gender. The President must either acquiesce in cutbacks to affirmative action programs, thereby risking alienation of minority voters who are crucial to his party’s base, or actively defend the programs and risk offending large numbers of white voters.

“This has really intensified the question of which programs should live and which should die,” said one Senate Democratic aide. “And that really raises the heat on what Clinton has been doing.”

The White House has said it expects to complete its review of affirmative action by the end of this month. Before the court announced the rulings, officials familiar with the review have predicted that it would essentially affirm most principles of federal affirmative action, while calling for changes in the procurement “set aside” programs that have attracted so much criticism.

Administration aides were in general agreement that the decision now would considerably delay the results of the review, which were to be released in a major thematic speech.

“If we’re not back to square one, we’ve at least moved back some distance,” said one Administration official.

But with the White House still contemplating its next move on the issue, House Republicans are set to redraft completely the controversial programs that were launched in the early 1960s to compensate women and minorities for past discrimination in higher education and the job market.

Rep. Charles T. Canady (R-Fla.), a one-time Democrat who now chairs the House Judiciary Committee’s constitution subcommittee, is set later this month to unveil legislation that would forbid the federal government to use gender or race preferences in any federal program, and dismantle many of the programs that have come to be central to affirmative action.

The House bill would effectively repeal one of the central features of 160 government programs that use racial and gender preferences in hiring and promoting federal workers, granting federal contracts and awarding benefits under federal programs. It would call a virtual halt to federal programs that “set aside” slots and pools of funding for businesses owned by minorities and women, and would require substantial changes in other programs.

On Monday, Canady said the court’s decision “gives impetus” to Republicans’ political efforts to roll back many such programs, by making clear the court’s intent to “return to a focus on individual rights” over groups’ rights.

But the complex ruling, he added, also makes it vital for Congress to weigh in quickly with its own views on affirmative action. “You’ll now see all kinds of challenges and litigation moving through district appeals courts, all the way to Supreme Court,” Canady said.

But Democratic proponents of affirmative action on Monday said that the court’s ruling had increased pressure on the White House to act, and to do so quickly, before Congressional Republicans seize the initiative.

“It is perhaps even more important that the President take time to delineate a vision and a course of action . . . as only the President can do,” said Rep. Kweisi Mfume, (D-Md.) former chairman of the Congressional Black Caucus.

Mfume, focusing on one of the majority opinion’s few comments that could be construed as justifying existing programs, lauded the court for acknowledging that “race discrimination is real and government has a role in eradicating it.”

“For those Republicans who have some notion that they ought to do away with all set-asides in the government because there’s no need for them, the court is saying, that is not correct, there is still,” he said.

Mfume’s positive tone was echoed by Rep. Maxine Waters (D-Los Angeles), who said she was “somewhat disappointed . . . but certainly not discouraged” by the stringent standards called for by Monday’s Supreme Court ruling.

“We may have to do a lot more work and it’s going to be a little confused,” said Waters. But she asserted the new standards applied by the Supreme Court would by no means spell an end to existing affirmative action programs at the federal level.

“This ruling suggests that the strict scrutiny standards would have to be met, and that there is overwhelming and compelling reasons out there to meet them. It doesn’t take a Harvard scholar to do that. The group certainly has been discriminated against.”

The author of major affirmative action laws in California, Waters stated that with a simple technical change, California statutes allowing set-asides for women- and minority-owned contractors would be able to meet the standards set out by the Supreme Court Monday.

Times staff writer Janet Hook contributed to this story.

Source link