JONATHAN TURLEY

Justice Stephen G. Breyer was among the clients of Wagner Resource Group that had his personal data made public — after an employee used the firm’s computer to swap music on the file-sharing network LimeWire. It included his name, date of birth, and social security number. As someone who had a former CBS employee steal his identity to buy two Lexus cars, I can sympathize.

Continue reading ‘Hi, I’m Justice Breyer and I Want a Lexus: Jurist Part of Security Breach of Personal Data’

A new study concludes that the “don’t ask, don’t tell” law does little in terms of actual military readiness and that openly gay soldiers would not significantly diminish morale or fighting capability in the U.S. military. If raised by reporters, the study could put pressure on Barack Obama, who is trying to move to the right in preparation for the general election. John McCain is expected to support the continuation of the current law.

Continue reading ‘Study: Openly Gay and Lesbian Have No Significant Impact on Morale or Fighting Capability’

Dwight Sullivan, a colonel in the Marine Corps Reserve, has some crowing rights this week. He found a serious factual error in the majority opinion barring the death penalty for child rape defendants — a flaw that was missed by both the majority and dissenting justices in Kennedy v. Louisiana as well as all of the attorneys in the case. The error was flagged by Sullivan on CFlog.

Continue reading ‘Military Blogger Finds Flaw in Supreme Court’s Child Rape Ruling’

Below is today’s column on the end of the Supreme Court term. It looks at the implications of the current Court for either a President Obama or a President McCain. An interesting analogy can be drawn to the Four Horsemen and Three Musketeers of the Hughes Court during the first term of Franklin Delano Roosevelt.

Continue reading ‘The Roberts Court and The Return of the Four Horsemen’

Justice Scalia wrote a powerful opinion in District of Columbia v. Heller, No. 07-290, but the first paragraph quotes the D.C. statute as requiring gun to be dissembled. As many have noted, it is disassembled — dissemble means to put on a false appearance.

Continue reading ‘Supreme Blunder: We Did Not Mean to Dissemble the Disassembled Guns in Heller’

The Second Amendment has always been like the lost continent of the Constitution. Well, today the Supreme Court discovered it — right between the first and third amendments — after 127 years. The Court ruled that the Second Amendment does indeed create an individual right to gun ownership. The opinion can be accessed here.

The Supreme Court also gave a victory to millionaires running for office who can finance their campaigns more freely — or buy guns more easily.

Continue reading ‘The Lost Constitutional Continent Found: Supreme Court Recognizes Individual Right of Gun Ownership’

George Carlin has died at 71. Carlin represents one of the few entertainers to have a significant impact on the law with his showdown over profanity in his monologues. His famous stand up routine on “”Seven Dirty Words You Can’t Say on Television” is linked below. The Supreme Court case on his “filthy words” is linked below as well.

Continue reading ‘George Carlin Dies at 71′

The Supreme Court knows how to build suspense. While many expected the Court to release its long-awaiting decision on the Second Amendment in the Heller and Parker cases, the Court did not release the decision today. The array of opinions today has fueled speculation that Scalia will author the historic decision.

Continue reading ‘Supreme Court Holds Heller — Second Amendment Case Last Case to Be Announced from March Sitting’

The Supreme Court continued the downward spiral of our insanity rules this week. The majority held that a defendant can be held to be competent to stand trial but held incompetent to represent himself — a green light for judges to continue to find clearly crazed individuals sane while denying them the right to act in their own defense. Justices Scalia and Thomas wrote a stinging and well-founded dissent.

Continue reading ‘Court Rules that Mentally Disturbed Defendants Can Be Competent to Stand Trial But Incompetent to Represent Themselves’

On the heels of the Supreme Court’s decision affirming basic constitutional protections for detainees, a report has emerged that shows precisely why habeas corpus is so important. The Administration is accused of knowing that certain detainees were in fact innocent but still held them for years.
Continue reading ‘Administration Accused of Holding Detainees That It Knew Were Innocent’

In a massive blow to the Bush Administration, the Supreme Court has ruled 5-4 in favor of the detainees at Guantanamo Bay, Cuba. In the opinion below, Justice Kennedy delivers the opinion of a lifetime: holding faithfully to the Constitution in a time of prolonged crisis.
Continue reading ‘Supreme Court Rules in Favor of the Detainees in Massive Blow to Bush Administration’

Fantasy baseball players rejoice. The fantasy continues. The Supreme Court refused to hear the appeal in Major League Baseball Advanced Media v. C.B.C., 07-1099 — letting stand a ruling in favor of fantasy baseball businesses. It is a maor blow against Major League Baseball, which could now face a reexamination of fees paid by large Internet sites. Continue reading ‘Play Ball! Supreme Court Declines Fantasy Baseball Case’

A Tampa case may present an ideal context to review the long-criticized pornography test and the role of community standards in the Internet age. Paul F. Little, known as “Max Hardcore,” is facing an obscenity prosecution for selling porn on the Internet. The Bush Administration could have chosen any state in the Union, but engineered an indictment in Tampa — an open case of forum shopping for the most conservative jury pool that it could find. The Supreme Court has never produced a coherent and consistent approach to obscenity and this case is the result of this long-standing judicial failure. Continue reading ‘James Madison Meets Max Hardcore: Florida Obscenity Case Could Force Review of Community Standards in Internet Age’

In yet another expansion of the regulation of student speech, the Second Circuit has ruled against high school student Avery Doninger who contested her punishment for posting an objectionable message on an Internet site about Lewis Mills High School. When she objected to the cancellation of a school event in vulgar terms, school officials barred her from running for Senior Class secretary. In Doninger v. Niehoff, the Second Circuit upheld the right of school officials to punish students for out-of–school speech in a major blow to both the first amendment and student rights.

Continue reading ‘Second Circuit Upholds Punishment of High School Student for Out-of-School Web Entry’

The Ninth Circuit has handed down an important decision on gay rights and the military. The three-judge panel did not strike down the “don’t ask, don’t tell” policy but it did reinstate the lawsuit of Major Margaret Witt, a decorated Air Force nurse. The ruling forces the government to prove that the policy advances an important government interest. Continue reading ‘Don’t Ask, Don’t Tell . . . But Do Explain: Court Reinstates Lawsuit by Lesbian Dismissed by Military’

The Supreme Court has taken the case of a breakthrough case where the Ninth Circuit had held that a wrongly convicted man could sue the prosecutor who was allegedly responsible for injustice. The expectation is that the Court will carve out an exception for prosecutors — further insulating abusive prosecutors from responsibility for their acts. Continue reading ‘Supreme Court Takes Prosecutorial Abuse Case’

Rep. Duncan Hunter (R-Alpine), a member of the House Armed Services Committee comes out in an article in the Los Angeles Times in favor of the Feres Doctrine — a controversial rule that has effectively stripped military personnel of their ability to sue for even the most gross negligent acts by military doctors and managers. The article reports growing demands for the long-awaited termination of the doctrine. Continue reading ‘Duncan Hunter Comes Out In Favor of Infamous Feres Doctrine’

The Supreme Court has handed down the much anticipated ruling over Kentucky’s use of lethal injection. In a fractured decision, the Court upheld the ruling for the state. Chief Justice Roberts wrote the decision, though his actual decision only garnered three votes. In the fractured opinions below, the majority agreed only in the result. two justices dissented: Ruth Bader Ginsburg and David Souter. Continue reading ‘Supreme Court Upholds Lethal Injection’

Jose Merced, a Santeria Oba or priest, has appealed his challenge to a city ban on animal slaughtering in the home as a violation of his free exercise rights under the First Amendment. At issue is the refusal of the city of Euless, Texas to allow his religious practice. Continue reading ‘Fifth Circuit to Review Santeria Animal Slaughter Case’

The tobacco industry won a major appeal today when the Second Circuit threw out an $800 billion class-action lawsuit based on allegedly misleading light cigarettes ads. While light or low-tar cigarettes have proven the most promising area of litigation for plaintiffs, there is a strong trend against massive class actions. Continue reading ‘$800 Billion Up in Smoke: Court Throws Out Massive Class Action on Light Cigarettes’

In yet another loss for the Bush Administration in the case of accused Rep. William Jefferson, the United States Supreme Court today denied its appeal on the issue of the constitutionality of its raid of a congressional office. Continue reading ‘Supreme Court Denies Review in the Jefferson Case’

Today, the Supreme Court will hear the case of Indiana v. Edwards and explore the question of the limits as self-representation — the subject of the column below. Continue reading ‘A Fool and His Lawyer: Can You Be Competent to Stand Trial But Unfit to Represent Yourself?’

The Supreme Court will hear an important case on self-representation this coming week in the case of Ahmad Edwards. The case out of Indianapolis could well re-define the limits of self-representation in cases where a defendant is viewed as mentally unstable. Continue reading ‘Supreme Court Takes Up Self-Representation’

The Supreme Court overwhelmingly threw out the murder conviction of Allen Synder due to race-based challenges in a case marred by prosecutorial abuse by Jim Williams and the failure of Judge Kernan “Skip” Hand to maintain a fair trial. Continue reading ‘Supreme Court Tosses Out Louisiana Murder Conviction Due to Racial Bias in Jury Selection’

In the latest controversy over the rights and liabilities of sperm donors, a gay Kansas man Daryl Hendrix is seeking to reverse a decision of the Kansas Supreme Court that denied him parental rights to children conceived with his sperm. Continue reading ‘Sperm Donor Takes Case to Supreme Court Seeking Parental Rights’

At oral argument today, at least five justices appeared to favor the recognition of an individual right to gun ownership under the Second Amendment. Justice Kennedy and possibly Justice Breyer could join the right side of the Court in upholding the lower Court. As the audio recording below shows, the appeal of this case was probably a legal blunder given the predictable response from this Court. Continue reading ‘Oral Argument Appears to Favor Individual Right to Gun Ownership’

The Supreme Court has accepted a case that will explore the first amendment protections of certain types of profanity uttered on the air by Bono, Cher and Nicole Richie. The question is whether the Federal Communications Commission (FCC) can punish broadcasters for “fleeting expletives” by such celebrities. Continue reading ‘Bono, Cher, and the Supremes: Supreme Court Takes Profanity Case’

The Supreme Court today will hear arguments in District of Columbia v. Heller, No. 07-290. The lower court decision in Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007) contained strong majority and dissenting opinions on the question of whether there is an individual right to gun ownership. The odds favor gun owners for the first time in securing a decision that clearly establishes an individual right. Their case is helped along by a bizarre appearance of Vice President Dick Cheney opposing positions of his own administration before the Court. Continue reading ‘Supreme Court Hears Second Amendment Case As Cheney Opposes His Own Administration on the Question’

The Italian Supreme Court has ruled that wives can lie when asked questions in a criminal iinvestigation that would reveal an affair. It is a jurisdiction that might have saved Bill Clinton, but it is not clear that the Court would extend the same privilege to men. The Court has a history of bizarre, sexist rulings such as its 1999 decision that a woman was not raped because she was wearing tight jeans, which had to have been removed with her consent. Continue reading ‘Putting the Lie Back into Sexual Liaison: Italian Supreme Court Says Wives Can Lie About Lovers’

Imagine this. The country is fresh from a close presidential election when the Supreme Court is asked to decide who will be president. If you are thinking about the 2000 election, think again. The expected nomination of John McCain for president could trigger a fight over a relatively obscure provision in the Constitution: the requirement that president and vice president be “natural born” citizens. McCain is certainly a citizen, but there is a legitimate question of whether he is a “natural born citizen” given his birth in the Panama Canal. Continue reading ‘The Supreme Redux: Is John McCain Ineligible to Be President?’

It often seems like school officials are waging a war on the first amendment. Only recently, school officials in Alaska prevailed in the “Bong hits 4 Jesus” case, a major rollback of student rights and free speech interests. Now, school officials are seeking to extend their reach not only to public demonstrations like the Alaskan case but the Internet and extracurricular speech. Avery Doninger, a student as the Lewis S. Mills High School in Connecticut is being punished for calling school officials a name on the Internet and saying that an administrator is “pissed off.” She appears to be right, they barred her from serving in  a student government position because they do not like what she writes at home. Now there is a valuable lesson — it just belongs to a different political system. Continue reading ‘School Officials Punish Student for Saying Bad Things About Them on Her Home Computer’

A divided Virginia Supreme Court upheld the conviction Jeremy D. Jaynes under the state’s 2003 Anti-Spam Act. While many of us hate to admit it, he may have a point that the law is constitutionally flawed. This is one that may be heading to the Supreme Court. Continue reading ‘Spam and the First Amendment: Virginia Supreme Court Upholds Anti-Spam Law’

John McCain’s possible election could trigger review under an obscure part of the Constitution: the birth eligibility provision of Article II. The requirement that an American be “natural-born” has long been controversial, but few associated John McCain with the problem as opposed to other leaders like Arnold Schwarzenegger. McCain, however, may be a foreign born citizen given his birth in the Canal Zone. Due to the bar on advisory opinions, this issue might not be ripe for review until after the general election, triggering another Bush v. Gore moment in the high court. Ted Olson has even been retained for the possible fight to complete the scene for a Supreme redux. Continue reading ‘McCain’s Constitutional Dilemma: Native Son But Not Natural Born?’

The expected nomination of John McCain has been eagerly anticipated by constitutional scholars, not because of political support but selfless academic interest. McCain’s election would trigger review of an obscure part of the Constitution: the birth eligibility provision of Article II. The requirement that an American be “natural-born” has long been controversial, but few associated John McCain with the problem as opposed to other leaders like Arnold Schwarzenegger. McCain, however, may be a foreign born citizen given his birth in the Canal Zone. Continue reading ‘Does John McCain Have an Alexander Hamilton Problem? A Constitutional Challenge May Loom Over McCain’s Eligibility for President’

Michael Ray, a federal inmate, could rightfully claim some confusion. A “jailhouse lawyer,” Ray convinced the United States Supreme Court to accept an important prisoner case this term — an achievement unmatched by the vast majority of practicing lawyers. Now, however, the South Carolina State Attorney General is reportedly investigating Ray for possible charges of practicing without a license. What is particularly curious is that this is the same state that recently admitted well-connected applicants for the bar after they flunked the exam. South Carolina appears to have entered some parallel universe where success in the law is failure while failure in the law is success. Continue reading ‘South Carolina Moves Against Successful Jail House Lawyer While Allowing Unsuccessful Bar Applicants to Become Lawyers’

The fact that Jamie Lee Spears became pregnant as a minor is generally treated as an entertainment story rather than a case of child molestation for her adult boyfriend. However, even minors are now being subject to registration as sexual predators for fondling and other sexual acts with other minors under a federal law passed with the support of various members, including disgraced ex-Rep. Mark Foley (R. Fla). It is the called the Adam Walsh Child Protection and Safety Act of 2006 and various states are now being compelled to put juvenile names into the system over the objections of many child advocates. Continue reading ‘Federal Law Compels States to Register Minors on Sex Offender Registry’

As the legacy of the Roberts Court has started to form over the last few years, one of its most pronounced trends has been a highly pro-business bent. This trend continues this term with a series of rulings, including a very significant ruling in favor of medical manufacturers on the question of federal preemption in torts in Riegel v. Medtronic. Continue reading ‘Open for Business: Roberts Court Delivers Another Victory for Business in a Major Torts Ruling’

Rep. William Jefferson filed an appeal on Wednesday to the Fourth Circuit to challenge 14 of 16 charges against him. The appeal could delay the prosecution for months. Continue reading ‘Rep. Jefferson Files Appeal to Challenge Counts in His Criminal Indictment’

A week after he was criticized by his state supreme court on a matter of judicial ethics, faux TV judge Alex Ferrer (aka “Judge Alex”) lost handily before real jurists on the Supreme Court. With a 8-1 ruling, Judge Alex can claim to have brought a rare degree of near unanimity on the divided Court in rejecting his legal claims. Continue reading ‘Supreme Court Justices Rule Against Faux TV Judge: “Judge Alex” Loses Contractual Case 8-1′

The current legislation to give the District of Columbia a vote in the House of Representatives has no shortage of passion behind it. Indeed, after testifying repeatedly that this legislation is unconstitutional, I have felt my share of that passion turned to anger. It has been an ironic position for me, because I strongly believe that District residents should be allowed to vote in Congress and I have many close friends on the other side of this debate. Indeed, I supported greater (and permanent) representation — as opposed to his partial representation plan. To that end, I have published a lengthy law review article below explaining why I believe that the law is flawed and why there are better option for the city. Continue reading ‘Too Clever By Half: The Constitutional Argument Against the Current Voting Bill for the District of Columbia’

In West Virginia, coal is king and many are suggesting that its reach extends into the very chambers of the state’s highest court. An interesting fight is brewing in state and federal courts over allegations of bias for and against a leading coal company, Massey Coal. Supreme Court Justice Larry Starcher has already recused himself under demands from Massey while he has accused other justices of having far greater bias in favor of the company and its executives. Continue reading ‘Mining for Justice(s): West Virginia Scandal Erupts Over Mining Company Influence’

It is doubtful that the Fifth Circuit timed the opinion to coincide with Valentine’s Day, but the court has issued a very interesting opinion striking down a Texas law prohibiting the promotion and sale of sex toys. It represents an extension of the precedent in Lawrence v. Texas, striking down a criminal prohibition on homosexual relations. Continue reading ‘Fifth Circuit Strikes Down Texas Prohibition on Promotion and Sale of Sex Toys’

House Judiciary Chairman John Conyers appears to have been able to break the hold on the still pending criminal contempt resolutions against White House chief of staff Joshua Bolten and former White House counsel Harriet Miers. A House vote could trigger another confrontation with Attorney General Michael Mukasey, who has indicated that he will refuse to prosecute the case — not long after telling Conyers that he will also refuse to investigate the crime of torture ordered by the President. Continue reading ‘Conyers Moves Contempt Matter Against Meirs and Bolton Toward House Floor’

Justice Antonin Scalia has long been criticized for his habit of discussing pending issues before the Court and abandoning a long tradition of restraint by justices in their public appearances. His most recent defense of torture in a BBC interview has caused yet another controversy over Scalia’s disturbing lack of self-restraint. Continue reading ‘Scalia Holds Forth on the Proper Use of Torture — As Experts Debate the Propriety of Such Public Statements’

Given the most recent public controversy involving statements made by Justice Scalia on torture, this prior column may be of some interest: Continue reading ‘Scalia and the Advent of the Celebrity Justice’

David Wise, a worker at a Firestone facility in North Carolina, will be forced to chose between his faith and his job under an important ruling from the Fourth Circuit Court of Appeals. A member of the the Living Church of God, Wise is required to take a greater number of days off than most employees and sued when he was terminated for these practices as violative of his religious rights. The Court ruled against him and held that Firestone could refuse to accommodate such religious practices. Continue reading ‘Word to the Wise: Fourth Circuit Rules that Firestone Employee Not Entitled to Extra Days Off Due to His Faith’