If nationalists in Iraqi have Muntadar al-Zeidi, environmentalists in the United States have found Tim DeChristopher, 27. DeChristopher didn’t throw hiking boots recently to stop the controversial Bush lease-off of public lands for drilling. He used a bidding paddle. DeChristopher went to the bidding and intentionally drove up prices and actually bought 10 parcels for $1.8 million to protect thousands of acres of land near Utah’s national parks. The only problem is that he is short $1.8 million. Oil and gas people are now calling for his prosecution and rebidding to get the public lands at a steal at a new U.S. Bureau of Land Management lease auction. Being a “nuisance bidder” could now result in jail time.
Category: Congress
This has been a strange and stressful weak for Obama supporters. Environmentalists are reeling over the selection of Sen. Salazar for Interior Secretary and liberals are denouncing the selection of Rev. Rick Warren for the inauguration prayer. In the meantime, Obama has assembled the most establishment cabinet of any recent president — picking the very same power figures who have run the government for years. However, nothing prepared Democrats for yesterday when Obama picked Rep. Ray LaHood, Republican of Illinois, to lead the Transportation department. I represented the democratic staffer on the House Intelligence Committee, Larry Hanauer, who was savagely and unjustly attacked by LaHood. LaHood’s attacks — found to be baseless — led to threats against Hanauer and his family.
Continue reading “Obama Nominates LaHood Despite Past Controversies in Congress”
In a victory for civil liberties, the United States Court of Appeals for the Second Circuit has struck down provisions of the Patriot Act that prevent people from disclosing that they have received national security letters.
Continue reading “Court Rules Against National Security Letters and Provisions of the Patriot Act”
In a major ruling, the Supreme Court has ruled that litigation against light cigarettes may continue in a 5-4 decision. The ruling is not just a victory for anti-smokers, but also states rights advocates and common law advocates. The opinion reinforces the right of states to allow such lawsuits, which are not preempted by federal law.
Continue reading “Supreme Court Rules Against Tobacco Companies in Light Cigarette Litigation”
President-elect Barack Obama’s nominee for attorney general, Eric H. Holder Jr., was viewed as a shoe-in for confirmation. Now, however, the GOP is closing in on Holder’s alleged role in three controversial nominations and have asked to delay the hearings. In the meantime, a grand jury is now looking into a donor of Bill Richardson, who has been nominated for Commerce Secretary.
Continue reading “A Hold on Holder: AG Nominee Hits a Snag in Senate”
The Sklar litigation relating to the Church of Scientology was delivered another blow by the Ninth Circuit. Marla and Michael Sklar have been waging a rather lonely battle for 15 years to claim tax deductions for a portion of the tuition they pay to Jewish schools attended by their children. They are relying on the fact that the Internal Revenue Service granted Scientologists deductions for 80% of fees they pay for auditing and training. The IRS decision was viewed as the government knuckling under after litigation from Scientology and has raised legitimate concerns over equal treatment.
Continue reading “Sklars Lose Case Involving Scientology Tax Exemptions”
A teenager and his family in Oklahoma is discovering the troubling consequences of our sex offender and statutory rape laws. Ricky (his last name is being withheld at his request) had sex when he was 16 with a girl who allegedly told him that she was 16. She wasn’t and prosecutors charged him with having sex with a 13 year old. He pled guilty and was sentenced to a two years probation — and registry as a sex offender for ten years. While the judge would three years later expunge that record, Oklahoma still insists on registering him as a high-risk sex offender — forcing him to live like a pariah and satisfy the various restrictions put in place for recidivist child molesters.
As expected, the Supreme Court has turned down an emergency appeal from Leo Donofrio of East Brunswick, N.J. to intervene to bar President-elect Barack Obama from taking office due to the fact that he had British citizenship at birth.
Continue reading “Supreme Court Turns Down Donofrio Appeal”
Nine-term Democratic Rep. William Jefferson has lost his reelection bid in a triumph for anti-corruption advocates. However, 47 percent of his district still wanted to send him back to Congress despite his well-earned indictment — almost the same percentage that wanted to send Sen. Ted Stevens back to Washington. The winner is Anh “Joseph” Cao, an attorney and community organizer, in the 2nd Congressional district. He will now be the first Vietnamese-American elected to Congress.
In an important vote, the Supreme Court has granted review in al-Marri v. Pucciarelli, 08-368. The case will return the issue of enemy combatants back before the Court with a new twist. The case would have to be argued by the Obama Administration, which will be given a clear opportunity to show whether all of the talk about change and civil liberties was just a pitch or true principle.
I will be discussing this case tonight on Rachel Maddow on MSNBC.
Continue reading “Supreme Court Grants Review in Al-Marri Enemy Combatant Case”
Attorney General Michael Mukasey has made new comments excusing both the unlawful surveillance program and the torture program. In his most recent statement, Mukasey dismisses the need for a pardon since “[t]here is absolutely no evidence anybody who rendered a legal opinion either with respect to surveillance or with respect to interrogation policy did so for any reason other than to protect the security of the country and in the belief that he or she was doing something lawful.” House Judiciary Committee Chairman Rep. John Conyers, D-Michigan, and Civil Liberties Subcommittee Chairman Jerrold Nadler, D-New York were irate and dashed off a letter demanding an explanation.
The Capitol Visitor Center has finally opened as a symbol of congressional over-runs and poor management. Years late and many millions over budget, the Center is a towering example of the inability of Congress to balance its own checkbook. The only problem may be stinking citizens and rotting souls. Senate Majority Leader Harry Reid has said that members will celebrate that they will no longer have to “smell the tourists” while Sen. Jim DeMint has denounced the building as being Godless.
With the unanimous vote of the bipartisan Minnesota Board of Canvassers against his demand for the counting of rejected ballots, Al Franken (D) is suggesting that he may ask the Senate (with a democratic majority) to simply order the counting of the ballots and hand him the victory over incumbent Sen. Norm Coleman (R-Minn.). It is the nuclear option in the Constitution and rarely used for obvious reasons.
Continue reading “Nuclear Option: Franken Lawyer Suggests He May Invoke Senate Option to Trump State Board”
Congratulations to everyone who regularly posts at this blog. Our blog has made the top 100 legal blogs in the annual survey by the ABA Journal. [OK, there is no trophy but I figured we needed something] The Journal is now taking votes on various categories from professor/legal theory blog (including this blog) and various other categories like crime and technology. This blog is in the top ten for professor/legal theory blogs and you can vote on the ranking by click vote now here.
Continue reading “Turley Blog Makes Top 100: Vote Now For Your Favorite Blogs”
The Supreme Court has refused to grant review of the strange case of Jarek Molski, an advocate for the disabled who has been barred from filing any more lawsuits after bring over 400 complaints under the Americans With Disabilities Act (ADA).