Sen. Lindsey Graham appeared to confirm this week one of the greatest fears for civil libertarians in the aftermath of the burning of the Qu’ran (Koran) by Rev. Terry Jones. With Muslims murdering innocent people as a protest to the book burning, Senator Graham has called for Congress to go hold people accountable for such acts. The message is clear and predictable: if someone’s exercise of free speech has caused problems, limit the free speech.
Continue reading “Graham: “Free speech is a great idea, but we’re in a war.””
Category: Constitutional Law
Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger
A couple of months ago, my daughter recommended that I take a look at an adoption case that was just ruled on by the Missouri Supreme Court. I did not have a chance to look at in-depth until recently and it is both interesting and heart wrenching. It involves a Guatemalan immigrant mother whose baby was born in the United States while she was in the country illegally and the baby was adopted while the mother was in prison. Thankfully, the Missouri Supreme court ordered a new adoption hearing which could still be another hurdle for the biological mother, but she now has a chance at regaining custody of her son. Missouri Supreme Court Continue reading “Adoption Nightmare for Guatemalan Mother”
-Submitted by David Drumm (Nal), Guest Blogger
Boumediene v. Bush was a 5-4 Supreme Court decision with the majority opinion written by Justice Kennedy. The case was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held at Guantánamo for six years.
-Submitted by David Drumm (Nal), Guest Blogger
On December 23, 2010, Bei Bei Shuai, a 34 year old pregnant woman who was suffering from depression, attempted suicide, which in Indiana is not a crime. Friends found her in time and persuaded her to go to the hospital and get help. Six days later, the baby was delivered, prematurely, by cesarean section and four days after that the newborn girl died.
On March 14, 2011, the State of Indiana arrested Shuai, jailed her, and charged her with murder and attempted feticide.
The Indiana House has approved one of the most restrictive abortion laws in the nation, but not after a bizarre debate led by sponsor state Rep. Eric Turner (R). When Democratic legislators asked for an exception for rape and incest, Turner cried foul and warned that women would just fake rapes to get some of those free abortions. The Indiana House agreed and rejected the amendment.
Continue reading “GOP Indiana Rep Warns That Women Will Fake Rapes In Order To Get Free Abortions”
Indian legislators in Gujarat have banned a book by Pulitzer-Prize winner Joseph Lelyveld because it reportedly suggests that Mahatma Gandhi was gay. The book discusses Gandhi’s relationship with a German man named Hermann Kallenbach (who is shown here on the right with Gandhi). Lelyveld insists that the legislators are misreading the book, “Great Soul: Mahatma Gandhi and His Struggle With India,” but the legislators want the book banned. Of course, Candhi was a champion for free speech but the legislators see no contradiction.
Continue reading “Indian Province Bans Book on Gandhi Over Suggestions That He Was Gay”
-Submitted by David Drumm (Nal), Guest Blogger
John O. Brennan is Deputy National Security Advisor for Homeland Security and Counterterrorism, and Assistant to the President. In remarks made at the Brennan Center for Justice, NYU School of Law, Brennan presented a forceful public call for the closure of the Guantanamo Bay Detention Center and the use of the federal courts to try some of the detainees there. Key word: some.
Continue reading “Brennan Slams Congress for Encroaching on Obama’s Authority”
-Submitted by David Drumm (Nal), Guest Blogger
in 2004, in an effort to increase minority home ownership, then-Gov. Pawlenty urged the Minnesota Housing Financing Agency (MHFA) to partner with local groups and businesses. The MHFA partnered with the African Development Center (ADC), developing culturally sensitive financial products that would allow Muslims to own homes. Sharia (Islamic law) prohibits the payment or acceptance of interest fees for loans of money. Charging interest on loans is also forbidden according to Jewish law.
-Submitted by David Drumm (Nal), Guest Blogger
Bernard von NotHaus, 67, was convicted making coins resembling and similar to United States coins; of issuing, passing, selling and possessing Liberty Dollar coins; of issuing and passing Liberty Dollar coins intended for use as current money; and of conspiracy against the United States.
von NotHaus was charged with violation of 18 U.S.C. § 485, conspiracy to possess and sell coins in resemblance or similitude of any foreign gold or silver coin current in the United States or in actual use and circulation as money within the United States.
Many citizens are breathing a sense of relief today. When we saw the Obama Administration bomb the capital of a sovereign nation and openly support rebel forces in the field, many jumped to conclusions and asked how Obama could start a war without congressional approval under Article I. White House Spokesman Jay Carney has finally set the record straight. This may look like war but it is really “a time-limited, scope-limited military action.”
Continue reading “War “Time-Limited, Scope-Limited Military Action” Is Hell”
President Obama has continued his attack on basic constitutional and legal principles with an astonishing new order that allows investigators to not only hold domestic terror suspects for longer periods but to deny them Miranda rights under a strained interpretation of the public safety exception. Obama had attempted to get this change from Congress but was rebuffed. He has now again adopted a tactic of his predecessor and acted unilaterally to trump recognized constitutional rights.
Continue reading “Obama Orders Limits on Miranda Rights For Domestic Suspects”
There is an interesting case out of Berkeley, Illinois involving alleged religious discrimination. The Obama Administration is supporting former teacher Safoorah Khan who alleged discrimination at her middle school after she was refused leave of three weeks to go on a pilgrimage to Mecca. The school insists that she was the only math lab instructor and would have left at the critical end-of-semester period for the school.
The Ninth Circuit has handed down a decision affirming the earlier decision striking down the Stolen Valor Act. Passed in 2005, the Act has been criticized by civil libertarians as an attack on free speech. Here is a prior column on the Act. Now, Chief Judge Alex Kozinski has added his own voice to this debate — finding such lies protected under the first amendment. In a concurring opinion, Kozinski notes “Saints may always tell the truth, but for mortals living means lying.”
Continue reading “Ninth Circuit (En Banc) Affirms Earlier Ruling Striking Down Stolen Valor Act”
In a significant victory for civil libertarians and a loss for the Obama Administration, the Second Circuit has reinstated a lawsuit based on the unlawful warrantless surveillance programs launched by former President George W. Bush. The Obama Administration has been aggressively fighting to kill this privacy lawsuit as it has dozens of other lawsuits seeking judicial review of the unlawful program. The case is Amnesty v. Blair.
Continue reading “Second Circuit Rejects Obama Administration’s Effort to Block Privacy Lawsuit”
Civil libertarians have long objected to the continuation (and in some cases the expansion) of Bush policies in the national security areas by President Barack Obama. Obama has blocked the investigation and prosecution of Bush officials for torture, renewed the military tribunal system, extinguished dozens of public interest lawsuits against telecommunication companies and agencies as well as other controversial moves. Now, two former Bush officials are considered leading contenders to take over the FBI despite their involvement in some of the worst abuses during the Bush Administration. They are James Comey and Kenneth Wainstein. As discussed below, they are a case of the coronation of the one-eyed man as King of the land of the blind.