The Grand Jury in Missouri appears to have rendered its decision in the shooting investigation Michael Brown. It is expected to be announced shortly. Below is my column in USA Today.
Category: Constitutional Law
We have been watching with alarm as African nations pass more draconian anti-homosexual laws. Senegal has added its name to his ignoble list. President Yahya Jammeh signed a new law that establishes life imprisonment for some homosexual acts. Jammeh is a vehemently and vocal anti-gay leader who told gays and lesbians in 2008 to leave the country or risk decapitation. Five women have now been arrested as accused lesbians in what human rights groups are calling a national campaign of terror and torture by the police.
Continue reading “Senegal Arrests Five Women Under The Country’s Draconian Anti-Homosexual Law”
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
Since the Great Recession officially started in December of 2007, millions of people have lost their homes to foreclosures. It turns out that many of those foreclosures may have been fraudulent or in violation of foreclosure laws. According to the Southern Essex County, Massachusetts Register of Deeds, John O’Brien, a forensic audit of his recording files suggests that at least 75% of the mortgage assignments were invalid.
“My registry is a crime scene as evidenced by this forensic examination. The Audit makes the finding that this was not only a MERS (Mortgage Electronic Registration Systems) problem, but a scheme also perpetuated by MERS shareholder banks such Bank of America, Wells Fargo, JP Morgan and others. I am stunned and appalled by the fact that America’s biggest banks have played fast and loose with people’s biggest asset – their homes. This is disgusting, and this is criminal.” Nation of Change Continue reading “Foreclosure Fraud?”
By Darren Smith, Weekend Contributor
President of the Generalitat of Catalonia, Artur Mas i Gavarró, his deputy, and his education minister face prosecution by the Spanish Government for alleged civil disobedience, abuse of power, usurpation of duties, and embezzlement of public funds according to a statement released by the public prosecutor’s office of the Spanish Government.
In what many see as clearly dubious prosecution by Spanish authorities, President Mas remarked: “It is sad to see that when the Catalan people want to express their opinion … the reaction of the state comes from the courts and prosecutors.”
The action comes several weeks after Catalonia held a non-binding vote on independence from Spain, buoyed by what many Catalonians hailed as a close race with the Scottish Independence referendum, a worrisome event to the Spanish government.
The matter brings into the discussion of Parliamentary Immunity and Executive authority held by other nations, and the chilling effect the threat of prosecution can have for representative government of constituents.
Continue reading “Catalonian President Faces Prosecution For Staging Referendum On Independence”
By Darren Smith, Weekend Contributor
Plaintiffs representing unnamed registered sex offenders and sponsors of the non-profit California Reform Sex Offender Laws won a victory in their quest to declare unconstitutional the Californians Against Sexual Exploitation Act on free speech grounds.
The act, among other matters, requires registered sex offenders to within twenty four hours submit the “internet identities” and Internet Service Providers (ISPs) they use to engage in conversation and participation in the experience of the Internet, amending California Penal Code § 290.015(a)(4)–(5).
The court upheld a district court judgment granting an injunction against the State of California enforcing the statute which was filed by plaintiffs the day the law was effective.
The Ninth Circuit cited curtailment to free speech rights after the offenders were released from prison who were then afforded the full protection of the first amendment and that such provisions of the law would amount to a chilling effect of the free speech rights of this class of individuals.
Today, we filed our complaint United States House of Representatives v. Burwell (Case 1:14-cv-01967), in the United States District Court for the District of Columbia. The House’s complaint contains eight counts concerning constitutional and statutory violations of law related to the Patient Protection and Affordable Care Act (ACA). There are a myriad of unilateral amendments to this Act, ordered by President Obama’s Administration, which could be the subject of a challenge, and there are a number of changes that are already being litigated, including King v. Burwell, which has been accepted by the Supreme Court for review. The House’s complaint, however, focuses on the Administration’s usurpation not only of the House’s Article I legislative authority, but also of the defining “power of purse.” Both of these powers were placed exclusively in Article I by the Framers of our Constitution. These constitutional and statutory claims are highly illustrative of the current conflict between the branches over the basic principles of the separation of powers. The House’s complaint seeks to reaffirm the clear constitutional lines of separation between the branches – a doctrine that is the very foundation of our constitutional system of government. To put it simply, the complaint focuses on the means rather than ends. The complaint is posted below.
Continue reading “HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT”
There is a troubling report out of Ireland that raises many of the concerns that we have discussed earlier about the erosion of free speech in the West. Bernadette “Bernie” Smyth is one of Northern Ireland’s most prominent anti-abortion activists and the founder of Precious Life, a pro-life group. She was convicted this week of two counts of harassment that stem from her picketing of the country’s only abortion clinic. The charges were brought by the clinic’s director, Dawn Purvis, who runs the Belfast branch of Marie Stopes. However, the line drawn in the case could create a chilling effect on political and religious speech in the future.
There is an interesting out of California where Citadel Exploration, an oil company, has sued the San Benito County for $1.2 billion for banning fracking and oil extraction on land within its jurisdiction. Citadel is arguing that the ban constitutes a regulatory taking and that it is entitled to the value lost, which it says amounts to 20-40 millions barrels of oil and a profit of $1.2 billion. It is a troubling case for environmentalists and land use advocates seeking to place limitations on certain industrial activities viewed as harmful.
The Human Rights Watch has issued a rather shocking report that Indonesia continues to require medical exams for female police recruits to confirm that they are virgins. It is the latest example of the abuses and challenges facing women who try to find work in some countries. Other countries with such virginity tests include our erstwhile allies Egypt, India and Afghanistan.
Continue reading “Human Rights Watch Demands That Indonesia End Virginity Tests For Female Officers”
There is an interesting ruling out of New Jersey where a court has ruled that parents of an estranged adult daughter must pay for her college tuition. It is a ruling that runs against the traditional view that upon a child reaching the age of majority, parents are relieved of their mandatory financial obligations just as children are emancipated from their control. We discussed a prior case where a court ruled against such an adult daughter seeking tuition. However, Caitlyn Ricci has secured a ruling that her biological parents Michael Ricci and Maura McGarvey must pay the tuition even though she moved out of their home and has seen them for years — except in court.
As many on this blog are aware, I have previously testified, written, and litigated in opposition to the rise of executive power and the countervailing decline in congressional power in our tripartite system. I have also spent years encouraging Congress, under both Democratic and Republican presidents, to more actively defend its authority, including seeking judicial review in separation of powers conflicts. For that reason, it may come as little surprise this morning that I have agreed to represent the United States House of Representatives in its challenge of unilateral, unconstitutional actions taken by the Obama Administration with respect to implementation of the Affordable Care Act (ACA). It is an honor to represent the institution in this historic lawsuit and to work with the talented staff of the House General Counsel’s Office. As in the past, this posting is meant to be transparent about my representation as well as my need to be circumspect about my comments in the future on related stories. Continue reading “TURLEY AGREES TO SERVE AS LEAD COUNSEL FOR HOUSE OF REPRESENTATIVES IN CONSTITUTIONAL CHALLENGE”
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
In the past, I have written about the Big Banks continued unlawful actions that only result in “slap on the wrist fines” that in many cases are passed on to the shareholders and/or used as a tax deduction. It seems that Wall Street and the Banksters have not learned a thing. Or have they?
The latest wrinkle in Banksters taking advantage of American citizens is noted in a Crooks and Liars report which detailed an investigation into several Big Banks and their alleged refusal to honor the orders of Bankruptcy judges across the country. Of course, the “usual suspects” have been named in the latest investigations. Continue reading “Banks Ignore the Bankruptcy Laws”
By Darren Smith, Weekend Contributor
The Seattle City Council is considering a resolution directing the city Law Department to investigate the possibility of imposing an excise tax on individuals having incomes in excess of one million dollars.
Washington has no state income tax. Seattle’s pursuit of this might be attractive to many voters who view income tax as a form of balance against what is considered by some to be the regressive nature of Washington’s taxation system. Yet voters over the years have resorted to the voting booth to end the discussion among some politicians who have tried to enact similar measures. The city garnered much national attention by working toward a controversial fifteen dollars minimum wage.
Seattle might have a difficult task if it chooses to enact such an ordinance as the State Supreme Court declared income taxes of this type to be unconstitutional.
Continue reading “Seattle City Council To Study Possible “Millionaires Tax””
By Darren Smith, Weekend Contributor
Congress is drafting legislation to deny Social Security benefits to those accused of participating in persecutions of others by the Nazis. HR 5706 directs the Justice Department to provide names of individuals suspected as such to the Social Security Administration which would then terminate all social benefits to these individuals. This could occur despite payments by these individuals into the social security system and who are presently receiving such benefits.
The Bill, titled the “Nazi Social Security Benefits Termination Act of 2014,” came into being after the Associated Press reported that millions of dollars in benefits have been provided to those beneficiaries, many of whom the AP claims received the promise of social benefits on the condition they removed themselves from the United States. The Justice Department disputes this claim.
While there is no question that those who participated in genocides should be held accountable for their actions, the steps Congress is taking has substantial long term risks to due process rights, entitlements, and using retirement benefits as a form of collective punishment to individuals deemed undesirable by the U.S. Government.
There is an interesting first amendment case developing in California where gun store owners are challenging a California Penal Code section 26820, a law from 1923 that bans gun stores from putting up signs advertising the sale of handguns. Shotguns can be advertised but not handguns. Four dealers are claiming that their freedom of speech is being curtailed on an arbitrary basis. They have a point.
Continue reading “Gun Stores Challenge California Law Barring Handgun Advertisements”