Roland Burris has filed to ask a court to compel Illinois Secretary of State Jesse White to certify his appointment by Illinois Gov. Rod Blagojevich to the United States Senate. White has refused to sign off on the appointment and the Senate democrats appear to be moving to block Burris.
Continue reading “Burris Goes to Court to Force Certification of Appointment to Senate”
Category: Congress
Now this is a defamation lawsuit that will be fascinating to watch unfold in Richmond, Virginia. Vicki L. Iseman, a Washington lobbyist alleged to have had an affair with Sen. John McCain in 1999, has sued the New York Times for $27 million. The newspaper stands by the story and this could produce a substantial ruling on the limits of defamation.
Continue reading “Iseman Cometh: Lobbyist Sues New York Times Over Story on Alleged Affair with John McCain”
Illinois Gov. Rod Blagojevich has defied his critics and selected Roland Burris to replace Barack Obama. There is now speculation that the Secretary of State will not certify the appointment or that the Senate will use its inherent powers to block Burris. I just finished an interview with CBS stating that I believe both efforts would be an abuse of power. As the sitting governor of Illinois, Blagojevich is entitled to make this appointment.
Continue reading “Balgojevich Makes Senate Pick, But Will Burris Take the Oath?”
In New Orleans, a gay couple from California has won an important victory after U.S. District Judge Jay Zainey ruled that their adopted son’s Louisiana birth certificate must bear both of their names as the adoptive fathers. Oren Adar and Mickey Ray Smith of San Diego will be jointly listed under a full faith and credit ruling that could signal a major advance for gay couples and parents.
Continue reading “Federal Court in Louisiana Rules In Favor of Gay Adoptive Fathers”
As the United States continues to spend $1 billion a day in Iraq and Afghanistan, cities are selling off roads, bridges, zoos, and everything short of citizens to pay for their budgets. There are 44 states in dire financial shape — yet we continue to pour money into the occupation of Iraq where journalists show shoes at the President and the majority of people want us out.
Continue reading “States and Cities Selling Off Airports, Parks, and Zoos to Make Budgets”
My recent interview on Legal Times on prosecuting Bush Administration officials for crimes committed in the torture program and unlawful surveillance program has attracted the ire of some conservative law faculty. My colleague Orin Kerr has raised this question on the conservative legal website Volokh Conspiracy. It is not without a good faith basis for such academic debate but, in my view, it should not be a barrier to prosecution.
The voting continues on the top blogs. The Turley blog was selected as one of the 100 top legal blogs by the good people at the ABA Journal. It currently holds the number one spot for law professor and legal theory blogs. The tally shows the Turley blog with 387 votes with Mirror of Justice with 234 votes. The voting ends on January 2nd. You have done well Turley bloggers.
Continue reading “The Turley Blog Leads in Vote on Best Law Professor and Legal Theory Blogs”
Best wishes to everyone celebrating Christmas and Hanukkah. Our kids get to double dip on both holidays in a play to spread our bets between the two religions of the parents. We have just finished placing the last present under the tree in Chicago. We can now look forward to three hours of sleep before the C-Day invasion. As my gift to you, I have linked a truly inspirational holiday video: Jingle Bells played on microwave ovens below.
Continue reading “Happy Holidays!”
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.
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.