Category: Constitutional Law

Cook County Anita Alvarez Under Attack For Bizarre Claim In CBS Interview

mosaic_anita143x176I have previously written how Cook County State’s Attorney Anita Alvarez has lead a national effort to jail citizens who film police in public — a major deterrent to the use of the single most important technology in fighting police abuse. She was previously criticized by the Seventh Circuit for her “extreme” arguments to strip citizens of their first amendment rights. Now Alvarez has added to her rather notorious reputation with a bizarre claim as part of a 60 minutes piece on a litany of wrongful convictions by her office. She suggests that the fact that a serial rapist’s DNA was found on the body was not proof of the innocence of five teens because he might have come across the girl’s dead body later and had sex with it.

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The Specious Roots of the Anti-Abortion Controversy

Submitted by: Mike Spindell, guest blogger

ImageI originally had a guest blog planned for today on a completely different topic, but I ran across an article in Friday’s Huffington Post, that changed my direction. Since I was a youth I have been aghast at the fact that I grew up in a country where such things as homosexuality and abortion were prohibited by law.  It seemed like this was too personal an interference by the State into the personal affairs of people and that this interference often ruined people’s lives. Then too, I grew up in New York State, where for so many years divorce was unobtainable leading to such ridiculousness as Governor Nelson Rockefeller’s wife having to establish Nevada residence in order to obtain a divorce from him. It seemed to me then, as it seems to me now, that religious dogma had no business invading our legal system.

Although there were many prior years of a movement building up in support of abolishing Abortion Laws, the decision of Roe vs. Wade in 1973 http://en.wikipedia.org/wiki/Roe_v._Wade  was a breathtaking and welcome surprise. Immediately after, however, there started the blow-back against that decision that almost forty years later continues with fervor and intensity. The opposition cites “The Bible” as the source of their angry opposition and claims that their religion, as encoded in “The Bible” describes abortion as murder, with the life of the child beginning at fertilization. When they quote “The Bible” of course they mean the “New Testament” and what they call “The Old Testament”.  Jews actually don’t recognize the term “Old Testament”, to us it is called the “Torah”, since Jews believe that their “Torah” was never replaced by a “New Testament”. The anti-Abortionists need to cite the “Torah” for their beliefs, since the Gospels don’t discuss the abortion issue. Like much that exists in Christian Dogma today, there is a need to cite the “Torah” for their beliefs since there is no evidence in the Gospels that Jesus ever spoke on some matters. Christian “Torah” citation though is haphazard in that they choose what portions to recognize and what portions to ignore. The sentiments of those Christians against abortion are based in the “Torah”. What if their citation of this venerable book stemmed from an incorrect translation of it many, many centuries ago? If they cited it incorrectly in the first instance, doesn’t that destroy their whole argument that abortion is murder in God’s eyes, especially if the writers of the “Torah” never understood abortion to be murder? This is what I’d like to discuss. Continue reading “The Specious Roots of the Anti-Abortion Controversy”

The Unimperial President

-Submitted by David Drumm (Nal), Guest Blogger

madisonMost wartimes presidents are not known for their preservation of civil liberties. Lincoln’s suspension of the writ of habeas corpus and Roosevelt’s internment of Americans of Japanese descent are infamous examples. During the War of 1812, President James Madison, whether through principles or practicality, or a combination of both, set an example that no other president has followed. Biographer Ralph Ketcham deemed Madison the “unimperial president.”

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The Wrong Fight At The Wrong Time

By Mark Esposito, Guest Blogger

ImageThe horrific events in Newtown, Connecticut have left us all with a sense of shock and helplessness. Twenty elementary school children dead, six educators slaughtered, and a place we all like to think of as a safe haven from the misery of the world polluted by horrific violence wrought  by weapons more properly used on a battlefield.  Politicians from President Obama to New York Mayor Bloomberg have called for “meaningful action” to combat gun violence which is endemic to America.

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Pope Blesses Ugandan Leader Who Wants To Execute Gays

120px-Benedykt_XVI_(2010-10-17)_4539584_337626972981080_1808442652_nPope Benedict XVI this week raised an outcry among civil libertarians and gay activists by blessing Rebecca Kadaga, the Speaker of the Ugandan Parliament, who has promised to pass the country’s notorious Anti-Homosexuality Bill as a “Christmas gift”. Kadaga’s bill would execute gays who are found to be “repeat offenders.”

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California Prison Violations Trigger Wage War Leading To $822,000 Salary For Prison Doctor

140px-Seal_of_the_Calirfornia_Department_of_Corrections_and_RehabilitationMohammad Safi appears to have found the American dream. In 2006, Safi graduated from a medical school in Afghanistan. He then came to the United States and began working as a psychiatrist at a California mental hospital. By 2010, he made $822,302. As California struggles with this economic crisis and shuts down needed social programs, the state is still paying absurd annual salaries like Safi’s. His windfall is due entirely to the failure of the correctional department to meet minimal standards of care for prisoners. The state waited to be ordered to meet mental health standards before having to go into a bidding process to quickly secure such doctors. This set off an instant wage war with the mental health department, which had to bid higher for its doctors. The result? Some 16 California psychiatrists, including Safi, made more than $400,000

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The Absurd Reduction: Scalia Reaffirms Comparison of Homosexuality To Bestiality

AntoninScaliaU.S. Supreme Court Justice Antonin Scalia was at it again yesterday. I have previously criticized Scalia’s apparent insatiable appetite for public notoriety, including violating judicial ethical rules by discussing issues in pending cases. He is the very model of the new celebrity justice that I have criticized in past columns (here and here and here). Now, at Princeton while pitching his latest book, “Reading Law,” Scalia succeeded in not only discussing an issue in two pending same-sex marriage cases but reaffirming homophobic prejudices. Scalia was questioned about his controversial comments equating homosexuality with bestiality by a gay student. Scalia admitted that such comparison are “not necessary, but I think it’s effective.” That appears to be the standard used by this justice in using profoundly insulting language: whether it is effective prose or argument. I will be appearing on Lawrence O’Donnell tonight on MSNBC with the student, freshman Duncan Hosie.

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North Carolina Judge Finds Pro-LIfe Plate To Be Unconstitutional

untitled-174In an important ruling today, U.S. District Court Judge James C. Fox ruled that North Carolina is violating the Constitution by issuing pro-life license plates without issuing a pro-choice license plate. We have discussed this contradiction below and I believe Fox is absolutely correct on the issue.

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Report: Atheists and Religious Critics Persecuted Around The World

stoningWe have been following the increased attacks by political (here and here) and religious figures (here and here) against atheists and agnostics in recent years. A new report is out from the International Humanist and Ethical Union (IHEU) detailing this trend globally.

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Wisconsin Court Orders Father Of Nine Children To Stop Procreating

120812_ff_dad_640Corey Curtis, 44, is a Wisconsin man who is the subject of a novel court order. Racine County Circuit Court Judge Tim Boyle ordered Curtis to stop having children after he sired nine children and is already $100,000 in arrears for child support. Six different women had children with Curtis who said that he will now agree to stop producing children.

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NDAA Double Cross

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

When United States District Judge Katherine Forrest blocked the implementation of Section 1021 of the infamous National Defense Authorization Act in May of this year, I thought that legal civilians of all stripes were saved from being at risk of imprisonment without trial or due process. However, an appeals court stayed Judge Forrest’s injunction and the appellate court has allowed the indefinite detention provision to be reinstated during the appeal time frame.  Business Insider

Naomi Wolf of the Guardian explains why a group of journalists sued to block the implementation of Section 1021 in the first place. “As I reported here, last spring a group of journalists and activists including Chris Hedges, Noam Chomsky and Tangerine Bolen, led by counsel Bruce Afran and others, sued President Obama to halt the implementation of Section 1021 in the National Defense Authorization Act (NDAA), which would have allowed for the indefinite detention of Americans without charge or trial. The vague definition of who could be detained included individuals who were seen to provide “substantial support” to al-Qaida’s “associated forces” – wording that provided no protection for journalists interviewing, for example, detainees in Guantánamo, or activists and advocates working with prisoners on their cases.”  Readersupportednews  Continue reading “NDAA Double Cross”

West Point and Religion

Submitted by: Mike Spindell

061410-FlagA young man named Blake Page resigned from West Point this week with five months left to go until graduation. This will no doubt be a life changing event for him and could potentially have drastic consequences. His reason for resigning was his belief that there was a pervasive influence of religious proselytizing at this famed military academy. He and other non-religious cadets are retaliated against for their beliefs and for their refusal to go along with a program that makes Christian Faith the standard for success and for receiving privileges.

He wrote an article for the Huffington Post which I will discuss and link to below. First though I want to add my own thoughts on this because I think this young man is credible and because his charges regarding West Point are not the first complaint of intolerance towards non-religious cadets at a U.S. Armed forces Academy. The U.S. Air force Academy is located in Colorado Springs, Colorado. It is said that this community of 416,000 people can be considered the nexus of Evangelical Christianity in the United States, if not the world.

“Although houses of worship of almost every major world religion can be found in the city, Colorado Springs has in particular attracted a large influx of Evangelical Christians and Christian organizations in recent years. At one time Colorado Springs was counted to be the national headquarters for 81 different religious organizations, earning the city the tongue-in-cheek nickname “the Evangelical Vatican[57] and “The Christian Mecca”.

Religious groups with regional or international headquarters in Colorado Springs include: the Association of Christian Schools International, the Christian and Missionary Alliance, Compassion International, Every Home for Christ, Focus on the Family, HCJB, the International Bible Society, The Navigators, the Roman Catholic Diocese of Colorado Springs, WAY-FM Media Group, Andrew Wommack Ministries, and Young Life.”

In addition to the Air Force Academy there is Fort Carson and two air force bases located in the City. Twenty percent of this County’s employees work for these facilities. Besides this large military presence: “Colorado Springs is home to the United States Olympic Training Center and the headquarters of the United States Olympic Committee. In addition, a number [15] of United States national federations for individual Olympic sports have their headquarters in Colorado Springs http://en.wikipedia.org/wiki/Colorado_Springs,_Colorado#Religious_institutions

Call me paranoid perhaps, but I think that it is no coincidence that this small city, but sixty miles from Denver, at the base of Pikes Peak, has drawn such a large influx of Evangelical Christians and their national organizations. I think it is potentially an ominous sign and I’ll explain my thoughts and feelings. Continue reading “West Point and Religion”

Supreme Court Grants Review Of Two Historic Same-Sex Marriage Cases

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The U.S. Supreme Court
The U.S. Supreme Court

The Supreme Court has accepted two cases that deal with the issue of same-sex marriage. One of the cases is that of Edie Windsor (left) challenging the Defense of Marriage Act (DOMA) — a law supported and signed by former President Bill Clinton to bar federal recognition of same-sex marriage. On October 18, 2012, the Second Circuit struck down DOMA in Windsor v. United States. Also accepted is Hollingsworth v. Perry dealing with “Proposition 8″ in California.

I will be discussing the cases tonight on Ed Schultz on MSNBC around 8:50 pm.

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Charges Dismissed Against Former Child Sex Crimes Prosecutor For Lack Of Actual Minor In FBI Sting

8820753-smallThere is an interesting ruling out of Mobile, Alabama where former child sex crimes prosecutor, Steve Giardini, was charged with solicitation of a minor over the computer. Special Judge Gaines McCorquodale dismissed the charge on a key missing element under the statute: an actual victim. Since Giardini was speaking with an undercover officer posing as a 15-year-old girl, McCorquodale ruled that there was no victim as required under the language of the statute for child enticement. Essentially, no child, no enticement, no charge.

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OUR STUDENTS DESERVE DUE PROCESS

600px-US-DeptOfEducation-Seal.svgBelow is my column this morning in USA Today on a campaign by the Obama Administration to pressure colleges and universities to reduce due process protections for students accused of sexual harassment and sexual violence. I have previously written a letter to my own university opposing some of these specific changes, though (like many schools) George Washington appears to be yielding to the pressure. I understand the concern of the Administration and the need to protect victims in this difficult process. We are all committed to maintaining a protective environment for both students and faculty. However, there are other ways to offer such protections without stripping away core due process protections in my view. My greatest concern is with the sexual violence cases because these adjudications will have a lifelong impact on the students (or faculty members) as well as consequences for collateral criminal proceedings. The column below is slightly expanded with material cut for space in the newspaper version.

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