There is an interesting lawsuit filed against the Mandarin Oriental Hotel in Washington, D.C., which stands accused of discriminating against a Muslim employee by barring him from serving an Israeli delegation — claiming a “national security exemption” for such religious and cultural discrimination. The man, Mohamed Arafi, was previously cleared in a security check with the FBI and handled other foreign guests, including dignitaries. He is of Arab ancestry. He is a naturalized citizen of Moroccan descent. I will be discussing the case today on CNN.
Category: Constitutional Law
Submitted by: Mike Spindell, guest blogger
America has the world’s highest rate of incarceration, currently 738 per 100,000. Our nearest competitor for this dubious distinction is the Russian Federation with 607 and Cuba with 487. “The US incarcerates at a rate 4 to 7 times higher than other western nations such as the United Kingdom, France, Italy, and Germany and up to 32 times higher than nations with the lowest rates such as Nepal, Nigeria, and India.”
http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”.
“Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.” http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf
Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”. “Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.”
http://www.laprogressive.com/law-and-the-justice-system/boiling-hot-mad/.html
These two sets of statistics when viewed together tell a terrible tale of how racial oppression still exists in this country despite our Black President and Black Attorney General. This Administration hasn’t caused of this problem, but they don’t seem to have made any progress dealing with it. We do know that there has been a widespread effort to play down the racial division that continues to plague this country. This continues despite Civil Rights Laws, Martin Luther King’s Birthday and TV beer commercials that always include at least one black male friend enjoying the camaraderie. Clearly there is a disconnect between how we Americans want to see ourselves and the reality for many Black males. Continue reading “The Incarceration of Black Men in America”
As many of you know, I am lead counsel in the Sister Wives case challenging the constitutionality of Utah’s statute criminalizing plural or polygamous marriage. I also served as legal expert in the challenge to a similar law in Canada. The court has now ruled in that case and upheld the law in the decision below. While I strongly disagree with both the legal and factual conclusions of the Court, it is a decision that is worth reading. The decision can now be appealed to the higher courts in Canada.
Continue reading “Canadian Court Upholds Polygamy Law”
Everyone person who has illusions about the still awaited breakout of democracy and freedom in Afghanistan should read the article below. It details the life of a woman called Gulnaz who was raped by her cousin’s husband and became pregnant. Rather than prosecute the man, she was convicted of sex outside of marriage and given a choice: marry your rapist or spend twelve years in jail. She has been serving the sentence with her daughter in jail in this abomination produced by Sharia law. In the meantime, the EU has yielded to demand by the Afghan government that it bar the showing of a movie featuring her story, and other women like her.
Continue reading “Meet Gulnaz: The Face of The Plight of Women in “Free” Afghanistan”
The civil libertarian community in Israel is alarmed by the government’s decision to shutdown a radio station that has been outspoken in its opposition to the growing plans for war with Iran. The Israeli-Palestinian radio station called “All for Peace” was shutdown after demands from members of Prime Minister Benjamin Netanyahu’s conservative coalition.
Continue reading “Israel Shuts Down Liberal Radio Station For “Incitement” While Moving To Deter Other “Leftist” Media”
Submitted by Mike Spindell, Guest Blogger
Last week during a long road trip, I was listening to a CD from the band The Eagles. A song came on written by Don Henley and Glenn Frey the group’s songwriters and leaders. The song is called “Get Over It”. As the autumn beautiful Shenandoah Valley landscape was passing by, a line from the song jarred me from my motoring reverie and made me think of this blog. The line was:
“The more I think about it, Old Billy was right
Let’s kill all the lawyers, kill ’em tonight.”
Continue reading “Let’s Kill All The Lawyers?”
In the Orwellian world that is the People’s Republic of China, one has to often reverse the meaning of terms to understand their true meaning. That is the case again this week when China announced a new crackdown on journalists to “protect” the public from “fake journalists and news.” In modern Chinese, that means protecting the public from real journalists. The crackdown is being carried out by he General Administration of Press and Publication (GAPP).
Continue reading “Credibility Gapp: China Cracks Down on “Fake Journalists” In Further Denying Freedom of Press and Speech”
EXCLUSIVE. Loyola University Professor Ralph Braseth in Chicago has shared with me a complaint alleging another incident of police ordering a citizen to delete videotape of an arrest taken in public. I have previously written about this worrisome trend. The difference is that Braseth is a journalism professor. The complaint raises some extremely serious allegations of censuring a journalist and violating core constitutional rights. If true, it is a telling retort to the taunting remarks of Judge Richard Posner recently about the “snooping” of citizens on police.
Continue reading “Chicago Journalism Professor: Chicago Police Department Detained Him and Deleted Video of Arrest”
This just on the wire: The Supreme Court has accepted cert in the health care litigation. The resulting decision could have sweeping implication for the future of federalism in this country.
Continue reading “Cert Granted: Supreme Court Accepts Health Care Challenge”
Respectfully submitted by Lawrence Rafferty(rafflaw)-Guest Blogger
Ever since the legal challenges to the Affordable Care Act, or as it is better known, Obamacare began, the pundits have kept a scoreboard on which courts have approved of the individual mandate to buy insurance, and which courts have disapproved of the constitutionality of the mandate. The latest Appellate Court to come down with its decision was the Court of Appeals for the District of Columbia. It may not surprise anyone that the court came down in favor of the legislation approving the individual mandate, but it may surprise you just who comprised that appellate panel. Continue reading “Conservative Take on Obamacare”
Submitted by Gene Howington, Guest Blogger
The GOP Debate on Foreign Policy was held at Wofford College in Spartanburg, South Carolina on Saturday night. The debate was not on a topic the GOP Presidential hopefuls looked forward to as the Obama Administration – despite their many serious flaws – has had some success in the area of foreign policy. This is not to say that the Obama Administration’s performance in the area of foreign policy hasn’t been realistically uneven, but they’ve had enough victories to make the topic less than easy pickings for the usual mud-slinging of the campaign trail.
What was more telling than the absence of effective smear or substantive criticism was when the subject of waterboarding came up. Would you vote for a candidate that advocates breaking the laws and violating the Constitution of this country? Apparently politicians not only think you will, but now consider it a selling point if the laws they advocate breaking involve torture.
Continue reading “Fear and Torture on the Campaign Trail 2011”
Below is my column today in The Washington Post. The article explores the famed Katz test and whether, in trying to save privacy in America, the Supreme Court may have laid the seeds for its destruction. The test ties our privacy protections to our privacy expectations. Thus, as our expectations falls, warrantless surveillance rises — causing our expectations again fall and in turn allowing warrantless surveillance to rise further. It becomes a face to the bottom of privacy. The terrible truth is that the death of privacy in America will not be accompanied by thunderous applause, but a collective yawn from an indifferent people. Here is the column.
Continue reading “How Much Privacy Do You Expect? The Death of Privacy In America”
-Submitted by David Drumm (Nal), Guest Blogger
The Establishment Clause is that portion of the FIrst Amendment that states: “Congress shall make no law respecting an establishment of religion.” The meaning of the phrase “an establishment of religion” is the subject of much debate. If the phrase is changed slightly to read: “the establishment of religion”, the meaning would refer to the act of establishing a religion. However, the use of the word “an” changes the meaning. With “an”, the meaning now refers to a religious establishment. Congress can make no law respecting a religious establishment.
Continue reading “The Establishment Clause And Utah Crosses”
Two Malaysian states are moving to further increase the punishment of homosexuality in their enforcement of Sharia law. New laws in Pahang and Malacca would increase penalties beyond the current provisions allowing for up to 20 years in prison and caning. What is interesting is that the laws are designed to guarantee consecutive sentencing so that the local punishment would be in addition to the federal punishment.
Continue reading “Malaysian States To Force Homosexuals To Appear Before Sharia Courts For Added Punishment”
As discussed in a prior column, many civil libertarians view President Barack Obama as betraying core civil liberties in expanding on Bush-era surveillance programs, secrecy orders, and other measures. Now, even conservative justices are questioning the Administration’s demand to be able to engage in round-the-clock surveillance of citizens without a warrant using GPS technology. The sweeping new claim would gut the protections of the Fourth Amendment in the latest attack on civil liberties by Barack Obama.
Continue reading “Obama Administration Argues For “Orwellian” New Powers To Track U.S. Citizens”