Category: Constitutional Law

European Court Rules Woman’s Human Rights Were Violated in Being Denied Abortion in Ireland

One of the reasons for opposition the European Union was the ability of EU courts to dictate social policies within different countries. This issue is likely to come to a head for some critics with the ruling this week by the European Court of Human Rights that Irish abortion laws violate the rights of a woman seeking abortions in Britain.
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Californian Engineer Charged With Blasphemy After Allegedly Turning Off Loud Speaker At Mosque

In our ongoing coverage of blasphemy prosecutions, the case of Gregory Luke, 64, in Indonesia is a standout. The retired Californian engineer is charged with blasphemy for allegedly turning off a speaker system during Ramadan playing prayers throughout the night. He denies that he did so, but the allegation was enough for a crowd to tear apart his home on Lombok island and Luke to be arrested.
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Mandatory Health Care Provision Struck Down As Unconstitutional

U.S. District Judge Henry Hudson in Richmond, Virginia had struck down the centerpiece of the national health care plan: the mandatory requirement that all citizens get health care coverage. The lengthy 42-page opinion details how the law falls outside of interstate commerce jurisdiction — the concern that I previously voiced in a column.

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UC Berkeley Police Officers Allegedly Arrest Journalist for Taking Their Picture

We have yet another arrest of a citizen for simply photographing police officers. We have been following this trend of abusive arrests (here and here and here and here), which are tolerated by legislators and police officers in clear violation of constitutional rights and good public policy. David Morse, 42, is a photojournalist who was arrested when he took pictures of a protest. Two UC Berkeley police officers allegedly wrongfully arrested him for taking their pictures.

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The Curious Death of George Wythe: “I Am Murdered!”

Submitted by Mark Esposito, Guest Blogger

Author’s note: This is my third submission about events of historical significance following pieces about George Washington and The Boston Tea Party. It is quite lengthy and for that I apologize, but the story and the people involved are both larger-than-life and fascinating. I hope you enjoy reading  this history as much as I do writing about it.

Clutching the mahogany bannister of his elegant  home located in the Shockoe neighborhood of Richmond’s River District, the old man haltingly descended the steps. Sweating profusely, and  doubling up in pain, he could not even summon the energy to cry out. Almost falling numerous times, the  ‘father of American  jurisprudence,”  finally reached the kitchen only to find his freed-slave housekeeper, Lydia Broadnax, and her son, Michael Brown, writhing in distress and afflicted with the same intestinal ailment. Hours later when one of the triumvirate of Richmond’s elite medical establishment would arrive, the Judge would purposefully sit-up in his bed to declare, “I am murdered.” It was May 25, 1806. Fourteen agonizing days and numerous repetitions of the charge later, that prediction would come true.

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Child Porn Conviction Overturned of Elementary Principal Who Pasted Pictures of Students on Bodies of Adults

While I was trying the case, the Florida appellate court issued an interesting ruling that a former elementary school principal was wrongly convicted of child pornography when he pasted the faces of some of his 11- and 12-year-old students over pictures of adult women. John Stelmack is already serving five years for the crime.
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Florida Police Officer Puts Minor in Choke Hold and Charges Two With Felony Battery After Being Hit . . . By An Air Kiss

Bob Hope once charged that “people who throw kisses are . . . hopelessly lazy.” Former Bradenton Beach (Florida) Police Officer Tim Matthews thinks that they are also forms of battery. Matthews is the subject of a lawsuit after he arrested a 14-year-old bloy who blew a kiss at him.
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Whose Pal Are You Anyway? Company Cuts Off Financial Support for Wikileaks Through PayPal

The pressure continues to find ways to cut off support and access to WikiLeaks material. PalPal was the latest company to move against Wikileaks by cutting off the ability of people to make donations to support the whistleblower disclosures. The company waited until Friday (when coverage would be reduced) to make the move.
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THE PORTEOUS IMPEACHMENT: THE CLOSING ARGUMENTS TO BE HEARD ON TUESDAY

The United States Senate will convene with all 100 members on Tuesday, December 7th for the final arguments in the impeachment of Judge G. Thomas Porteous. Our weekend crew of contributors has agreed to keep the shop going until after the final vote — likely on Wednesday, December 8th.
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It’s Not Job – It’s Jobs, You Ninny: KY Taxpayers “Jobbed” By Governor/Religion

Even by Kentucky standards, it was stunning. Democratic Governor Steve Beshear standing shoulder-to-shoulder with the Evangelical Right to announce a $37 Million tithe in tax incentives to finance a creationist theme park named “Ark Encounter.”

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Christmas Klansman: Does an Idaho Man Have The Right To A Hateful Noose-Dangling Snowman?

In Hayden, Idaho, one family has a unique way of spreading the holiday cheer . . . or fear. A family has displayed a Klansman snowman with a dangling noose in front of their home and neighbors are calling for action to remove the offensive display.

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Is the United States Engaging In Unlawful Cyber Attacks Against Carriers of Wikileaks?

A day after Amazon was forced to block Wikileaks, the site is again offline in an alleged campaign by the United States to prevent the public from seeing the whistleblower material. This includes a disclosure, discussed last night on Countdown, that the Obama Administration has been misleading the public and actually moved to force Spain to drop its prosecution of American officials for war crimes and torture.
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Amazon Facing Growing Calls For Boycott After Cutting Off Wikileaks

Joe Lieberman, chairman of the senate homeland security committee, may be delighted with Amazon for cutting off access for Wikileaks, but its customers are not. There are growing calls for a boycott of the company — particularly as a review of the Wikileaks material has disclosed important information such as the efforts of the Obama Administration to block investigations into torture.
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