Category: Constitutional Law

Academia, Constitutional Law, Courts, Justice, Society, Torts

Former Vice-Principal To File Lawsuit Against Catholic Church Over Termination For Gay Marriage

Submitted by Darren Smith, Weekend ContributorEastside Catholic Church Logo

Mark Zmuda announced he is suing Eastside Catholic school and the Seattle Archdioceses for wrongful termination after he legally married his male partner. The case stems from his employment as vice-principal to the school was satisfactory for years and that after he announced he had married his male partner, he was given an ultimatum to divorce his spouse or his employment with the school would be terminated. Mark refused to divorce and was fired.

Employment Attorney, Jeffrey Needle, stated the case is likely to go to the appellate courts and potential the state supreme court for its precedent setting nature. The church counters Mark’s claim, proffering its status as a religious organization which holds tenets that bar gay marriage. However, a recent state supreme court decision might prove difficult for the church to support that position.
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Constitutional Law, Justice, Politics, Religion, Society

Arizona’s Discrimination License: A Mark Fiore Political Cartoon Video

Submitted by Elaine Magliaro, Weekend Contributor

Mark Fiore said he was thankful that Governor Jan Brewer vetoed Arizona’s “religious freedom” bill last week. If the bill became law, Fiore said, it “would’ve given people carte blanche to discriminate against gay people (and others, for that matter).” Fiore also said what he found most baffling about the whole thing was the existence of a state legislature that would pass such a bill.

Congress, Constitutional Law, Criminal law, Politics

CIA Accused Of Monitoring Congress In Investigation Into Alleged False Statements By CIA Officials

225px-dianne_feinstein_official_senate_photoCIAThe CIA is in a rare confrontation with the Senate Intelligence Committee, a committee widely viewed as a rubber stamp for the intelligence community and headed by Senator Dianne Feinstein. Feinstein has been ridiculed for her defense of the intelligence services, attacks on whistleblowers, and support for the expansion of surveillance operations. Feinstein also helped cover up past intelligence scandals from the torture program to the recent alleged perjury by National Intelligence Chief James Clapper. After dismissing concerns over the surveillance of ordinary citizens, Feinstein is now dealing with surveillance of her own committee and staff. Staff members allege that the CIA violated core constitutional and statutory protections by monitoring their computers in an oversight investigation. The CIA has accused Senate staff members of sneaking out classified documents — documents that the staff say prove that the CIA lied to the Committee in its investigation of the CIA’s secret interrogation and detention program.

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Constitutional Law, Criminal law, Media, Politics, Society

Court Orders Release of Bieber Giving Urine Sample After Lawsuit By Media Organizations

la-na-nn-bieber-arrest-video-20140226Somehow I knew this day would come. Down deep I knew that there would come a time when I had to express sympathy of Justin Bieber. Thanks to the Miami Police and a Florida law that day has come. CBS4 News, the Miami Herald and other media outlets went to court under the state’s open records law to demand videos of Bieber giving a urine sample. This followed Bieber’s arrest after he drag raced a Lamborghini on a residential road in South Beach and admitted to smoking marijuana and taking prescription pain killers. The video showed Bieber urinating and a black box had to be placed over his genitalia by court order of Judge Miami-Dade County Judge William Altfield in the interests of his privacy. What I fail to understand is why the entire video of urinating is not treated as a protected matter for privacy purposes. The demand by these media outfits truly disgusts me but I am more concerned in how this law is being interpreted to publicly release videos of people urinating.

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Constitutional Law, Courts, Criminal law, International, Politics, Society

Nigeria Flogs Four Homosexuals . . . Crowd Demands Death

300px-Fomfr_whipThe persecution of homosexuals continues in Nigeria with four young men convicted of homosexual relations and flogged on in open court. The judges and lawyers watched as the men (aged 20 to 22) were laid prostrate on the floor, stripped, and whipped on their buttocks in a demonstration of Sharia justice. The sadomasochistic nature of the punishment appears to have escaped the onlookers. While a crowd outside tried to grab the men to kill them, the court explained that stoning was not needed since the men admitted to homosexual acts previously but said that they were no longer engaging in such relations.

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Animals, Constitutional Law, Environment, Society

The Mutt Mandate: Chicago Bans Sale Of Commercially Bred Pets

photoAs many on this blog know, I am a fanatical dog lover and I love virtually everything about my hometown of Chicago (particularly a certain football team). However, I have some serious legal qualms over a new law passed by the Chicago City Council. The City Council has a worthy goal of combating “puppy mills” where dogs are bred in crowded and cruel conditions. The city also wants to increase the adoption of dogs over commercially bred or pure breed dogs. As a result, it has now banned by a vote of 49-1 the sale of commercially bred dogs. (If nothing else, it gives me a chance to run another photo of my dog, Luna.)

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Constitutional Law, Courts, Criminal law, Lawyering

Fifth Circuit Dismisses Challenge Of Conviction Based On The Testimony Of Discredited Mississippi Pathologist

SteveHayne2-300x168There is a decision by the United States Court of Appeals for the Fifth Circuit that captures the often impossible burden placed on convicted felons in seeking new trials after errors or unfair rulings. Tavares Flaggs is a Mississippi man serving a life sentence for murder. His trial featured the discredited medical examiner, Steven Hayne (left) who has been shown to have given flawed or false testimony, including testimony in death penalty cases. Hayne sought a new trial in a post-conviction 28 U.S.C. § 2254 application. The Fifth Circuit denied the motion in three paragraphs that is as short as it is dismissive in considering the underlying issues. The government effectively argued that its witness was so notorious that the defense should have raised his incompetency at trial. It succeeded. The entire decision is below.

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Columns, Constitutional Law, Free Speech, Politics, Society, Supreme Court

An Inconvenient Symbol: Why The Flag Decision Flies In The Face Of Our Core Values

Below is my column today in USA Today on the ruling out of the United States Court of Appeals for the Ninth Circuit over a ban at a California high school of students wearing tee-shirts with American flags during the Mexican heritage celebration Cinco de Mayo. The opinion is Dariano v. Morgan Hill Unified Sch. Dist., 2014 U.S. App. LEXIS 3790.

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Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Media, Military, Politics, Supreme Court, Uncategorized

Abdullah al-Shami vs. The Fifth Amendment

300px-Group_photo_of_aerial_demonstrators_at_the_2005_Naval_Unmanned_Aerial_Vehicle_Air_Demo

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

The Fifth Amendment protects all United States citizens by guaranteeing us all the right of due process of law. The Fifth Amendment is meant to ensure that the government has to at least prove to a court that a citizen is guilty of any crime that he or she is charged with.

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Cornell Law

Without the Fifth Amendment, the government could grab any citizen off the street and proceed to jail them or execute them without a trial of any kind where the accused could mount a defense to the government’s charges.  It seems that the Obama Administration is once again in the process of deciding whether it will unilaterally execute an American citizen believed to living in Pakistan.  Or at least, preparing us for a kill decision that they have already made. Continue reading “Abdullah al-Shami vs. The Fifth Amendment” →

Constitutional Law, Free Speech, Politics

Ninth Circuit Rules School Can Ban Tee-Shirts With American Flag During Cinco De Mayo

There is an interesting ruling out of the United States Court of Appeals for the Ninth Circuit over a ban at a California high school of students wearing tee-shirts with American flags during the Mexican heritage celebration Cinco de Mayo. The court ruled in favor of the school out of concern for potential racial violence. We previously discussed this controversy. I strongly disagree with the holding and the logic. The opinion is Dariano v. Morgan Hill Unified Sch. Dist., 2014 U.S. App. LEXIS 3790 .

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Animals, Constitutional Law, Criminal law, Religion, Society

Leading Snake-Handling Minister Dies Of Snake Bite: Should Religious Snake Handling Be Prosecuted?

300px-SnakehandlingThe death of Pastor Jamie Coots, a third-generation snake handler and religious leader of the, w Full Gospel Tabernacle in Jesus Name church in Middlesboro, Ky., has renewed concerns over the practice and the need to criminalize such conduct. However, criminalization triggers a serious question of free exercise so long as the animals are not being abused or children allowed to handle poisonous snakes.

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Constitutional Law, Criminal law

Texas Man Who Blows 0.0 In Breath Test And Passes Drug Screening Is Arrested And Spends Night In Jail Under “Take-No-Chances” Policy

intox28n-3-webLarry Davis can be excused if he is a tad confused. Austin police pulled him over for running a red light. As we have seen before (and discussed in this column), police often use pretextual reasons to conduct drug or alcohol stops. In this case, police asked Davis to take a voluntary breath test and he consented and blew a 0.0. He also agreed to a blood sample and was later cleared of seven types of drugs. Negative on everything, but he was arrested and spent the night in jail under a bizarre “take-no-chances” policy which seems to boil down to “arrest them all and let God sort them out.” Continue reading “Texas Man Who Blows 0.0 In Breath Test And Passes Drug Screening Is Arrested And Spends Night In Jail Under “Take-No-Chances” Policy” →

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

“You Have No Rights”: Baltimore Police Threaten Citizen Filming Arrest

filmed27n-1-webWe have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. The latest case comes from Baltimore, Maryland. Maryland has been previously cited in abuses by police in this area as we discussed. In this case, the officer summed up too many such cases by telling the witness simply “you have not rights.” That simplifies things wonderfully for police and citizens alike.

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

Blasphegrams: Bahrain Arrests Four Citizens Accused Of Blasphemous Messages On Istagram

225px-Instagram_logo125px-Flag_of_Bahrain.svgThe crackdown on free speech continues among our Arab allies. This week, Dubai arrested four people for posting insults about companions of Prophet Mohammed on Instagram. Since the companions of Prophet Mohammed are revered by Sunni Muslims, the insults are particularly sensitive in the country with tensions between a majority of Shiites and a Sunni monarchy.

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Academia, Congress, Constitutional Law, Media, Politics

The Columnist and The Committee: Dana Milbank Fires Back At The Judiciary Committee With Second Controversial Column

260px-capitol_building_full_viewYesterday’s hearing on legislative and executive powers before the Judiciary Committee has generally a great deal of media and blog discussion. However, one of the more curious takes was written by Dana Milbank of the Washington Post. Entitled “Activism on the Court? GOP Wants To Be The Judge,” the article portrays the hearing as a hypocritical and “newfound love of activist judges.” Having testified at the hearing, I was mystified by the spin on the hearing. Ironically, Milbank was criticized in the hearing by a member for allegedly distorting a prior hearing’s content and focus — an issue that we discussed in December. In a tense moment, Milbank (who was sitting a few feet from the members at the press table) was criticized for his prior column where he portrayed a Judiciary hearing as largely about impeaching President Obama. He was challenged as misrepresenting that hearing which contained only passing reference to impeachment as one of the various options left to Congress by the framers in serious conflicts with presidents. This now appears a continuing battle between the columnist and the Committee that will only grow more intense with this latest column. Here is the video link to the testimony so you can reach your own conclusions.

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