Category: Constitutional Law

Congress, Constitutional Law, Politics, Science

Nurse Reportedly Moving Toward Lawsuit Over Ebola Quarantine Rules

ICS_Lima.svgebolaThere appears to be a race by politicians to show who is more serious about Ebola by imposing greater and greater restrictions on anyone suspected of being a carrier. It now appears that we may have our first court challenge to these limitations and there are viable claims to be made. The American Civil Liberties Union is acting on behalf of a nurse, Kaci Hickox, who has been under quarantine after she arrived at Newark International Airport. I will be discussing the case on CNN this afternoon with Wolf Blitzer.

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Constitutional Law, Courts, Free Speech, Torts

Washington Supreme Court Hears Arguments On Immunity Under Communications Decency Act For Child Sex Trafficking Case

By Darren Smith, Weekend Contributor

scales_of_justiceThe Washington Supreme Court heard an appeal brought by attorneys representing the internet website backpage.com resulting from a lower court ruling allowing the trial to proceed against the site for allegations that it assisted child sex traffickers to lure children toward sexual exploitation in the state. The argument primarily rests on whether backpage.com can claim immunity under the Communications Decency Act, Title 47 USC 230. The respondents, three unnamed child victims, argued that backpage.com created an environment and construed posting rules that guided alleged sex traffickers and those offering adult services to evade law enforcement and other sanctions, thereby assuming the role of a developer of content which would exempt backpage.com from immunity under the CDA.

The case is being monitored for its potential implications on the freedom of websites to host content from subscribers without being subject to undue liability in the strict sense and the limits to which websites can be responsible. Amicus briefs were filed by interests such as the Electronic Frontier Foundation, and the National Center For Missing and Exploited Children

Continue reading “Washington Supreme Court Hears Arguments On Immunity Under Communications Decency Act For Child Sex Trafficking Case” →

Bizarre, Congress, Constitutional Law, Courts, Criminal law, Justice, Media, Politics, Society

Predicting Obama: Is The Right Ever Right?

By Mark Esposito, Weekend Blogger

I have been reading about the latest Breitbart-inspired dire prediction of the nefarious ( and possibly illegal) machinations of the Obama Administration. You know “Green Paper-Gate.” It’s the one where the conservative blog, Breitbart,  reports that a draft solicitation proposal for purchase of green paper issued by the U.S. Citizenship and Immigration Services definitely means that the Obama Administration is secretly planning a massive amnesty campaign of undocumented aliens. And, worse still,  that it’s keeping that secret until after the mid-term elections as a boon to Democratic candidates. I went back and took a look at the proposal and here is the offending language: “The requirement is for an estimated 4 million cards annually with the potential to buy as many as 34 million cards total. The ordering periods for this requirement shall be for a total of five (5) years.” A draft RFP issued a few days later contains the same language but adds the following: “In addition, the Contractor shall demonstrate the capability to support potential “surge” in PRC and EAD card demand for up to 9M cards during the initial period of performance to support possible future immigration reform initiative requirements.” You can view the proposal (here) and the RFP (here) and then read all the GSA bureaucratic verbiage for yourself. Have a good time.

Continue reading “Predicting Obama: Is The Right Ever Right?” →

Congress, Constitutional Law, Criminal law, Lawyering, Politics, Society

The New Spousal Immunity Defense? Justice Department Reportedly Invokes Executive Privilege Over Holder’s Communications With Wife Related To Fast and Furious Controversy

holderericThere is a new release out of Judicial Watch, which has been meeting with success in its effort to defeat extreme privilege assertions by the Obama Administration in seeking records related to the infamous Operation Fast and Furious. The Obama Administration has been repeatedly criticized for expansive claims of presidential power and privilege. I have been one of those critics. A federal court has expressed growing impatience and even anger with the Administration’s claims and obstruction — recently ordering production of evidence over the vehement objections of the Justice Department. However, nothing likely prepared them for what they claim is the privileges asserted on the “Vaughn index” produced by the Justice Department. The Administration is now reserving the claim of executive privilege over emails between Attorney General Holder and his wife Sharon Malone – as well as his mother. That’s right, executive privilege over communications with your family. It captures the lack of any sense of limitation or logic to the Obama Administration’s view of presidential power, which now overshadows the claims not just of George W. Bush but Richard Nixon.

Continue reading “The New Spousal Immunity Defense? Justice Department Reportedly Invokes Executive Privilege Over Holder’s Communications With Wife Related To Fast and Furious Controversy” →

Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Religion, Society

Pakistani Court Upholds Death Sentence For Mother of Five Who Was Accused Of Insulting Mohammad

We have previously discussed the outrageous case of Asia Bibi who is the latest victim of a death sentence under the medieval Sharia law system imposed in Muslim countries — sentenced to death for insulting Mohammad. Now, a court in Lahore upheld the verdict and affirmed the death sentence for the 50-year-old motion of five. She said that her nightmare began when she took a drink of water from a bucket being used by Muslim women. As a Christian, she was viewed as unclean and the women assailed her and later accused her of saying something insulting to Mohammad. Not only did leading Muslim clerics in Pakistan support her execution but one offered a reward for any faithful Muslim to murder her.

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Constitutional Law, International, Politics, Religion, Society, Uncategorized

Ultra-Orthodox Jews Attack Buses and Riders Over Ads Calling For Equal Rights For Women To Pray

10258065_10152705666090673_8596767114169859453_oBus riders this week found themselves under attack by dozens of ultra-Orthodox Jews who hurled stones and slashed the tires of their buses. The reason? Some buses featured ads supporting the right of women to worship at a holy site in Jerusalem. This is only the latest such attack by ultra-Orthodox Jews who have manned “modesty patrols” on the streets and attacked women who call for equal access at sites like the Western Wall.

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Constitutional Law, Criminal law, Politics, Religion

Same-Sex Marriage Showdown: Idaho Ministers Told To Perform Same-Sex Marriages Or Face Fines

post1There is an interesting case out of Idaho that could be a critical showdown between anti-discrimination laws and freedom of exercise of religion. At the heart of the controversy are two Christian ministers, Donald and Evelyn Knapp, who own a Coeur d’Alene wedding chapel. They have been told that they must either perform same-sex weddings or face a $1000 fine. It raises a legitimate claim of the encroachment of state laws into areas of faith — a question that has been previously raised in less direct ways involving bakeries, photographers and other businesses that has refused for religious reasons to service same-sex marriages. We have previously discussed the difficulty in drawing lines under the First Amendment. If this business is protected, then why is not a bakery of religious individuals? Conversely, if this business is not protected, how about all of the religions that accept payments for religious services?

Continue reading “Same-Sex Marriage Showdown: Idaho Ministers Told To Perform Same-Sex Marriages Or Face Fines” →

Constitutional Law, Religion, Society

Alabama Pastor Removed After Admitting To Use Of Drugs And Having Sex With Women In The Church Without Telling Them That He Was HIV-Positive

635484776486452861-Alabama-pastor-100914It is relatively rare for a judge to be placed into a position of having to determine who gives a sermon at a church but that unenviable position was forced upon Montgomery County Circuit Judge Charles Price who was faced with an uprising against Rev. Juan McFarland, 47, at his Shiloh Missionary Baptist Church. They had good cause to want McFarland out. The not-so-good reverend has admitted to using drugs, having sex with church members in the church building and having HIV but not telling sex partners. Price, a GW grad who was honored for this service by having the courthouse named after him and , ordered him to step aside.

Continue reading “Alabama Pastor Removed After Admitting To Use Of Drugs And Having Sex With Women In The Church Without Telling Them That He Was HIV-Positive” →

Constitutional Law, Criminal law, International, Religion, Society

“Bad Hijab”: Iranian Women Reportedly Being Attacked By Acid For Not Being Properly Veiled

150px-muslim_woman_in_yemen220px-Hydrochloric_acid_ammoniaWe often discuss the disconnect of religious fanatics who rape or beat or kill women and girls in the name of morality. Often such abuses seems to be condoned by governments like Iran. However, after a series of acid attacks on women for not being properly veiled, the Iranian government is actually investigating and denouncing the attacks.

Continue reading ““Bad Hijab”: Iranian Women Reportedly Being Attacked By Acid For Not Being Properly Veiled” →

Congress, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society, Supreme Court, Uncategorized

Voter ID Unmasked

Richard_Posner_at_Harvard_University

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

I can still remember the first time I voted in a National election.  I was a young, 18-year-old student and I could finally have a say in who was going to run the country.  It was a proud day for me and the countless other 18 year olds who were also voting for the first time.  I can honestly say that I have not missed voting in any election since.  That includes both primary and general elections.  There wasn’t always a lot to vote for in some of those primaries over the years, but I consider voting a duty, so I made sure that I made it to the polls.

It hasn’t always been easy for all citizens to cast their vote.  Even in my lifetime, the Jim Crow laws of the South made it difficult, at best for African-Americans citizens to register and to cast their ballots.  After years of protests and legal battles, I thought the Jim Crow style of voter suppression was a thing of the past.  It turns out I was wrong.  Very wrong. Continue reading “Voter ID Unmasked” →

Bizarre, Constitutional Law, Criminal law, Free Speech, International

Death of a Troll: Suicide Highlights The Perils and Prosecution of Anonymous Speech

1412627695611_wps_77_epa04193391_FILE_A_file_vThere is a sad story out of London that is a commentary on the mutating influence of anonymity on the Internet. Brenda Leyland killed herself after being confronted about her online abuse of the parents of the missing girl Madeleine McCann. Sky News tracked her down as the troll responsible for thousands of hate filled messages to Kate and Gerry McCann, whose three-year-old daughter went missing in Portugal in 2007. Continue reading “Death of a Troll: Suicide Highlights The Perils and Prosecution of Anonymous Speech” →

Congress, Constitutional Law, Criminal law, Free Speech, Media, Politics

New York Times Reporter: “Obama Hates The Press”

President_Barack_ObamaWhile President Barack Obama continues to assure the public that he is protecting privacy and the press, his Administration continues to do precisely the opposite in court with comprehensive attacks on civil liberties. A good example is the continued abuse of two-time Pulitzer prize winner and New York Times investigative reporter and author James Risen. Risen continues to be threatened by the Justice Department with arrest because he is protecting the identity of his sources. Risen spoke this weekend and observed simply that “Obama hates the press.”

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Academia, Constitutional Law, Criminal law, Free Speech, Media, Politics, Society

Pennsylvania Legislature Moves To Pass Injunctive Law In Wake Of Abu-Jamal Commencement Speech

220px-Mumia03-1220px-Goddard_SealThere has been some predicable and understandable objections to the selection of Mumia Abu-Jamal, the convicted killer of Philadelphia Police Officer Daniel Faulkner in 1981, as this year’s commencement speaker for Goddard College in Vermont. Faulkner’s widow and others have decried his recorded appearance from Mahanoy state prison in Frackville, Pennsylvania. However, as is all too often the case, politicians have responded to such good-faith objections with a highly questionable, poorly crafted law that allows victims to seek injunctions in future such cases.

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Bizarre, Constitutional Law, Military, Politics

Operation Voldemort: The War Which Must Not Be Named

220px-Lordvoldemort220px-B-2_spirit_bombingThere is an interesting dimension to the ongoing circumvention of the Constitution over our latest undeclared war. While some Administration officials are finally calling our attacks in Syria as a “war,” the discomfort over defining this indefinite campaign has led to equal discomfort over naming it. After two months of airstrikes and statements that the campaign will likely go on for years, the Administration still have not named this war. The choice would now seem obvious: Operation Voldemort, the war which must not be named.

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Congress, Constitutional Law, Courts, Criminal law, Justice, Politics

Banks Have the Federal Prison System Handcuffed

department of treasury

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

I have written in the past about our large financial institutions and their uncanny ability to break the law and escape any criminal penalties at the corporate or personal level.  If the Department of Justice had actually indicted a Bank of America official and procured a criminal conviction, that Bank of America official could have assisted the corporate office in their no-bid contract to handle all of the federal prison systems inmate financial services and email services.

“A few blocks north, however, at the New York Metropolitan Correctional Center, there exists a market that Bank of America has locked down, literally. For the 790 federal prisoners incarcerated at MCC, Bank of America controls the provision of money transfers, e-messaging and some telephone services.

The bank’s monopoly extends across the federal Bureau of Prisons system—121 institutions housing 214,365 inmates. Since 2000, Bank of America has collected at least $76.3 million for its work on the program.” Readersupportednews  That would be $76.3 Million dollars in the Bank of America coffers without any need or worry about having to compete for this latest sweetheart deal.  Continue reading “Banks Have the Federal Prison System Handcuffed” →