The Washington Post has posted my column for Sunday on expanding the Supreme Court. Due to space limitations, the original piece had to be cut back significantly, so below is the longer column. I will post the actual column on Sunday.
Category: Constitutional Law
President Barack Obama today asserted executive privilege over documents long sought by Congress in the investigation of the “Fast and Furious” operation. The assertion in my view is facially overbroad and excessive. It is the latest example of sweeping claims of executive power and privilege by this Administration. Congress has ample reason to investigate this operation, which involves alleged criminal acts that may have resulted in the death of third parties, including a U.S. agent. The Justice Department is accused of complicity in one of the most ill-conceived and harmful operations in recent years. The very officials and agency accused of wrongdoing is claiming that it can withhold documents from a committee with oversight responsibilities.
Continue reading “Deliberative or Evasive? Obama Asserts Privilege Over “Fast and Furious””
Canadians appear to be striving to make up for lost time in realizing the dream of George Orwell’s “1984.” The most oppressive aspect of the life of Winston Smith in Oceania, Airship One was the televisions that allowed Big Brother to watch you 24/7. Ottawa airport is now wired with hidden microphones to allow the Canada Border Services Agency (CBSA) to continually eavesdrop on travellers’ conversations.
The Obama Administration again waited for a Friday afternoon to announce a major new policy change — repeating its practice of timing important announcements to reduce media and public attention. The latest change is obviously controversial. The Administration will no longer deport illegal aliens under 30 who came to this country as children — effectively negating part of the federal law. It raises some troubling questions, again, about President Obama assertion of executive power. While liberals again celebrate the unilateral action, they ignore that danger that the next president may also simply chose to ignore whole areas of the federal law and criminal code in areas ranging from the environment to employment discrimination. It is one more brick in the wall of the Imperial Presidency constructed under Barack Obama — a wall that may prove difficult to dismantle for citizens in the future.
Continue reading “Obama Administration Declares It Will Not Deport Young Illegal Immigrants”
New York is facing a couple of religious challenges to barring recruits from the police academy. The first is a Jewish applicant who was fired for failing to cut his beard to a proscribed length. The second is a Muslim applicant who was fired for saying that he believed homosexuals should be locked up in answering a series of questions on a police form.
Continue reading “NYPD Facing Religious Challenges From Jewish and Muslim Applicants”
The Georgia Department of Transportation has denied the application of a Ku Klux Klan group to join the state’s Adopt A Highway program. The denial of the International Keystone Knights of the KKK to adopt part of Route 515 in the Appalachian Mountains raises some serious first amendment questions. While popular, the denial could could face a successful challenge under existing case law.
Submitted by: Mike Spindell, guest blogger
My father had a favorite saying with which was to excoriate me on the many occasions when I had misbehaved. “The Road to Hell is paved with Good Intentions”. He used this to chastise me for some bad behavior, but more importantly to give me guidance of the “slippery-slope” that I was on when I behaved badly. Although it’s been 50 years since his death his words have remained with me even though I’ve aged into a man who’s lived far longer than he had. It’s been my observation that there is truth to this cliche, yet it does represent a form of logic, the “slippery-slope”, which can often also be specious. When I read this New York Times Article: “Slippery-Slope Logic, Applied to Health Care” by Economist Richard H. Thaler, Published: May 12, 2012http://www.nytimes.com/2012/05/13/business/economy/slippery-slope-logic-vs-health-care-law-economic-view.html , I was again reminded of my Father’s admonitions and began to think about the use of “slippery-slope” logic. As it relates to SCOTUS and health care Mr. Thaler’s critique of the “slippery-slope” logic being applied by Justice Scalia did ring true:
“Consider these now-famous comments about broccoli from Justice Antonin G. Scalia during the oral arguments. “Everybody has to buy food sooner or later, so you define the market as food,” he said. “Therefore, everybody is in the market. Therefore, you can make people buy broccoli.” ”
“Justice Scalia is arguing that if the court lets Congress create a mandate to buy health insurance, nothing could stop Congress from passing laws requiring everyone to buy broccoli and to join a gym.”
“Please stop! The very fact that a slippery slope is being cited as grounds for declaring the law unconstitutional — despite that “significant deference” usually given to laws passed by Congress — tells you all that you need to know about the argument’s validity. Can anyone imagine Congress passing a broccoli mandate law, much less the court allowing it to take effect?”
These are excepts from Mr. Thaler’s article. His short column is well worth reading for his examples of the problem with “slippery-slope” logic. My piece though, is neither about health care, nor SCOTUS. I’d like to explore the question of the validity of “slippery-slope” arguments that have been commonly used in public discourse and whether we would be better off as a society if we ignored them. Continue reading “The Slippery Slope”
In a letter sent last night, the Director of the Idaho State Liquor Division agreed to lift the ban on special orders of Five Wives Vodka after barring sales of the product by Ogden’s Own Distillery as offensive to Mormons. In the letter below, John Anderson apologizes for his past statements and those of his agency in an effort to avoid the litigation announced by my office earlier. We will be watching the reconsideration of the general listing application closely in July. We will keep the team intact during this period. In the meantime, bars in Idaho can order the product through special orders — an inconvenient but hopefully a temporary process.
Continue reading “Idaho Lifts Ban On Five Wives Vodka And Apologizes For Prior Statements”
This morning, the Idaho Attorney General and Director of the Idaho State Liquor Division was informed that Ogden’s Own Distillery has retained my services to challenge the decision to block sales of “Five Wives Vodka” in Idaho. The businesses in Idaho were denied the right to “special order” the vodka because it was viewed as offensive to the large Mormon population in the state. The state also denied “general listing” to allow stores to sell the product. As on our other cases, I have to be circumspect on what I can say about the case in light of the pending litigation.
Continue reading “Utah Distillery To Challenge Idaho Ban On “Five Wives Vodka””
This report in Haaretz details a highly disturbing account of how Israel’s Shin Bet security service interrogated American citizens with Arab backgrounds for hours and demanded access to their personal email accounts at Ben Gurion Airport. After spending a night in custody, they were denied entry into Israel in May. If these accounts are true, why has there been no formal and public objection from the Obama Administration?
We have previously discussed the trend in the West toward an international blasphemy standard and prosecutions for insulting religion (here, and here, and here and here and here and here and here and and here and here and here and here). Now, one of Spain’s best known underground artists is facing a year in jail for a 54-second film that he did in 1978 that a Catholic group charges is insulting to them and their faith. Javier Krahe’s “how to cook Jesus Christ” was a brief satire based on a cooking show.
Continue reading “Spanish Artist Faces Prison For Insulting The Catholic Faith”
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
I am sure you have all seen the comments and political advertisements and articles calling President Obama a Communist, a Socialist, a Kenyan citizen and various attempts to claim that he is a secret Muslim. I had thought I had seen them all when I came across the latest affront to reality. A Gannet newspaper in Louisiana has agreed to run an “interesting” advertisement from an organization calling itself the SOAR Project. SOAR stands for Save Our American Republic.
In my humble opinion, this advertisement goes far beyond any level of reasonableness when it leads with the question, “Will Obama and the Democrats Shoot Catholics and Christians “? Continue reading “Free Speech Versus Facts”
As some of you know, today was the day on which both sides in the Sister Wives case were to file cross motions for summary judgment to establish whether the state’s criminalization of cohabitation is constitutional. This evening we have filed a roughly 80 page motion and brief challenging the anti-bigamy law on seven distinct constitutional and statutory grounds. Rather than file a summary judgment motion arguing the merits of constitutionality of the state law, however, the prosecutors have filed a declaration with the Court that they promise not to prosecute the Brown family for polygamy and have decided to end the investigation that has been ongoing for years. They further state that, in light of this lawsuit, they have adopted a new policy not to prosecute any plural family absent the commission of a collateral crime like child abuse. They are asking United States District Court Judge Clark Waddoups to dismiss the case in light of their concession and promise not to prosecute.
As we put the finishing touches on the summary judgment motion and brief in the Sister Wives case, a friend sent me this story out of Idaho. Five Wives Vodka has been told by the state of Idaho that it will ban the booze as insulting to the large Mormon population.
Continue reading “Idaho Bans “Five Wives Vodka” As Insulting To Mormons”
Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger
It was just a small news item on the blog site, but it had a big impact on me. It was reported that two female soldiers have filed suit against the Defense Department in an attempt to force the military to allow women soldiers to fight on the front lines along with men. They are alleging that women soldiers are being denied their Equal Protection rights under the Fifth Amendment by the military holding them back from fighting on the front lines in all military jobs. Continue reading “Front Line Ladies”