The United States Court of Appeals for the Eleventh Circuit has handed down a ruling that vacated an injunction of the Florida law barring physicians from discussing guns in their homes when it is not related to medical care. The lower court found the law violative of the first amendment, but the Eleventh Circuit found that it does not violate free speech. I have always found this law highly troubling on both free speech grounds as well as policy grounds. Just as I have long objected to legislatures interfering with teachers, I have the same reservations about their micromanaging doctors. The law is commonly referred to as “Docs for Glocks.”
Archive for the ‘Politics’ Category
Think Progress has become the latest victim of a juvenile faux news hoax. Think Progress ran a story about how Minnesota U.S. Rep. Michele Bachmann proposed “Americanization” labor camps for Central American unaccompanied children. It quickly spread from Think Progress to other liberal sites, precisely what the “source” KCTV 7 had hoped. KCTV 7 is one of a number of fake news sites run by adolescent tricksters who relish spreading false stories. I have previously written about these sites and the type of low-grade “gotcha” pranks that motivate such people. It hardly takes a genius to set up a site that looks like a real news outfit and run stories to trick anyone who stumbles by on the Internet. I don’t find these pranks funny or impressive. I cannot understand how companies like WordPress give them a platform for such hoaxes or why the creators have not faced personal liability over their false stories.
United States District Court Judge Frederick Scullin Jr. has finally handed down a ruling in Palmer v. District of Columbia overturned the city’s total ban on residents on carrying firearms outside their home. The litigants repeatedly went to court to try to force Scullin to rule during the five year wait for a decision. They probably now feel it was worth the wait. The court held the D.C. law was unconstitutional under the Second Amendment. The D.C. Attorney General’s Office and city council has continued to resist the rulings in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010) and have spent copious amounts of money and time defending this law. The city could have drafted more tailored laws but seemed intent to re-fight aspects of its historic loss in Heller. The Office of Attorney General continues to dig a deeper hole both legally and financially for the citizens in such litigation.
I just saw this story about how Petersburg police and prosecutors have been under fire after an internal memo surfaced from 1st Sgt. Carl Moore, telling officers not to speak with defense attorneys and suggesting that they could lose their jobs if they help strength defense cases even by telling the truth to counsel. Petersburg City Manager William Johnson (left) is making no statement at this time: he was recently arrested for allegations of assault and domestic battery against his wife. Petersburg Commonwealth’s Attorney Cassandra Conover (right) was also criticized for thanking Moore despite the memo’s conflict with ethical rules governing prosecutors. However, I have not been able to find anything more recent on this story about the instructions or the ethical review.
Posted in Congress, Constitutional Law, Free Speech, International, Justice, Politics, Society, tagged George J. Tenant, J. Cofer Black, Sen. Ron Wyden, Senate Select Intelligence Committe on 1, July 27, 2014 | 30 Comments »
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor
Since the Senate Select Committee on Intelligence voted in April of this year to declassify its long-awaited Torture Report, the intelligence agencies have been working behind the scenes to convince the Executive Branch to further sanitize it or keep it entirely secret. Needless to say, the declassification process used to prepare the report for public consumption has been dragging on. With the CIA and other defense agencies working overtime to keep a lid on the report, the truth may never reach the public.
What can Congress do to make sure that its report gets declassified and distributed to the public if the President agrees with the intelligence agencies and does not order the release? (more…)
Submitted by Darren Smith, Weekend Contributor
We previously discussed the case of California State Senator Leland Yee accused of several corruption and weapons charges, including an accusation of conspiracy to import weaponry from terrorists in the Far East. The case stems from Leland’s alleged association with a San Francisco based criminal organization. Previous articles may be read regarding the original accusations HERE, and his suspension from the California Senate HERE.
A new indictment was unsealed against Leland alleging Racketeering and Conspiracy To Obtain Property Under The Color Of Official Right.
Yesterday, we discussed a controversy involving Jonathan Gruber, a Massachusetts Institute of Technology economist who played a major role the ACA, or “Obamacare.” He told MSNBC recently that “It is unambiguous this is a typo. Literally every single person involved in the crafting of this law has said that it`s a typo, that they had no intention of excluding the federal states.” However, a libertarian group uncovered a video showing Gruber saying quite clearly after the passage of the law that this provision was a quid pro quo device: state exchanges for tax credits. Conservative sites have lit up over the video below showing Gruber essentially describing the very tradeoff identified in Halbig. He told MSNBC recently that “It is unambiguous this is a typo. Literally every single person involved in the crafting of this law has said that it`s a typo, that they had no intention of excluding the federal states.” However, a libertarian group just uncovered a video showing Gruber saying quite clearly after the passage of the law that this provision was a quid pro quo device: state exchanges for tax credits. Conservative sites have lit up over the video below showing Gruber essentially describing the very tradeoff identified in Halbig. Indeed, Gruber later signed on amicus briefs supporting the White House interpretation and even joined the counter spin from the White House and denouncing that very interpretation as “nutty.” Gruber responded to critics showing the video below by that “I was speaking off-the-cuff. It was just a mistake.” However, now another response has been raised in which Gruber gave the same interpretation during this presentation. In my view, the point is again to ask why both sides have to denounce each other as nuts or extremists when there are good-faith arguments can be made on both sides.
Republican state Sen. Alan Hays really really liked the film “America.” So much so that he wants to make viewing the film by conservative filmmaker Dinesh D’Souza required viewing for all students. Hays seems entirely unaware of the inherent conflict in responding to what he views as the dangerous influence of liberal views by seeking the mandatory viewing of conservative views.
There is an interesting twist this morning on the controversy over the Halbig decision that we have previously discussed. As I have stated in testimony before Congress and columns, I do not view the law as ambiguous and agree with the conclusion in Halbig as a matter of statutory interpretation, even though I think that the change ordered by the Obama Administration makes sense. Nevertheless, the White House and various supporters have insisted that the key language in the law linking tax credits to exchanges “established by a State” was a typo and nothing more. One of those voices has been Jonathan Gruber, a Massachusetts Institute of Technology economist who played a major role in the drafting of the law and was paid almost half of a million dollars to consult with the Administration on the law. He told MSNBC recently that “It is unambiguous this is a typo. Literally every single person involved in the crafting of this law has said that it`s a typo, that they had no intention of excluding the federal states.” However, a libertarian group just uncovered a video showing Gruber saying quite clearly after the passage of the law that this provision was a quid pro quo device: state exchanges for tax credits. Conservative sites have lit up over the video below showing Gruber essentially describing the very tradeoff identified in Halbig.
We previously discussed the botched execution in Oklahoma and the questions that it raised about our methods of execution. Now we have another horrific execution story to report. In Arizona, it took almost two hours for the prison to execute Joseph R. Wood III. The execution took so long that his counsel had time to file emergency papers with the federal court saying “He is still alive.”
The halls of Congress have been crawling for years with lobbyists and influence peddlers seeking to cash in on government largess. However, one creature proved too much this year in the Senate. The Architect of the Capitol rolled out yellow police tape and sealed off a bathroom in the Dirksen Senate Office Building after a woman was spotted crawling with bed bugs while waiting to attend a Senate Indian Affairs Committee.
Below is my column today in the Chicago Tribune on the rivaling rulings in the D.C. Circuit and the Fourth Circuit over a critical provision under the Patient Protection and Affordable Care Act (ACA). As an academic interesting in statutory interpretation and legisprudence, the opinions are fascinating and capture two different but well-argued views of the role of both courts and agencies in dealing with legislative language.
Thirty women who work at two strip clubs, Cheetahs and Expose, are suing the city of San Diego and police Chief Shelley Zimmerman for what they allege were “license inspections” that were really photo ops for officers who snapped pictures of dancers in dressing rooms during a raid on July 15, 2013. (No, those are not supposed to look like two stripper poles on the police patch).