Civil libertarians enjoyed a major victory yesterday against Don’t Ask, Don’t Tell (DADT) with the ruling in the case of Maj. Margaret Witt — ordering her reinstatement despite the fact that she is a lesbian. This important victory, however, was tempered by the news that the Obama Administration is seeking to limit the earlier blockbuster ruling that found DADT unconstitutional. The Administration had the option of not seeking such a change (an option taken by Governor Schwarzenegger and Attorney General Brown in the Proposition 8 case) but decided to try to gut the national impact of the court’s order.
Continue reading “Judge Orders Lesbian Nurse Reinstated While Obama Administration Fights To Limit Earlier Ruling Finding DADT Unconstitutional”
Category: Constitutional Law
With the 150th anniversary of the Civil War, I was asked in this cover story for the Civil War Magazine to explore the rivaling constitutional claims that were made at the start of that bloody conflict. As a military history buff, I have occasionally written for these history magazines but I found this assignment particularly intriguing.
Continue reading “Uncivil Action: Was Lincoln Wrong on Secession?”
The Senate trial for United States District Court Judge Thomas Porteous has been suspended for the the Jewish holiday. It will resume on Tuesday.
Continue reading “PORTEOUS IMPEACHMENT TRIAL”
The fourth day of the Senate trial for United States District Court Judge Thomas Porteous starts today. Yesterday, we called Timmy Porteous, son of Judge Porteous and one of the judges who pleaded guilty in the Wrinkled Robe investigation. The latter was a House witness who was dropped at the end of their case in chief.
Continue reading “PORTEOUS IMPEACHMENT TRIAL — DAY FOUR”
The third day of the Senate trial for United States District Court Judge Thomas Porteous starts today. The witnesses include a former judge and former prosecutor. We are likely to start our case on Wednesday . . .
Continue reading “PORTEOUS IMPEACHMENT TRIAL — DAY THREE”
Here is today’s column in USA Today giving a bit of constitutional and historical context for the raging debate over illegal immigration.
Continue reading “Who Is A Citizen?”
The second day of the Senate trial for United States District Court Judge Thomas Porteous starts today. The witness list include Lori and Louis Marcotte . . .
Continue reading “PORTEOUS IMPEACHMENT TRIAL — DAY TWO”
We have completed the opening statements. While I deviated a bit in presentation, here is the written opening statement.
The Senate trial for United States District Court Judge Thomas Porteous begins today at 8 a.m. Today we will hear opening statements and the testimony of Robert Creely, Jake Amato, Joe Mole, and others.
Continue reading “THE PORTEOUS IMPEACHMENT TRIAL — DAY ONE”
U.S. District Judge Virginia A. Phillips in California has found the military’s “don’t ask, don’t tell” policy to be unconstitutional under the 1st Amendment and due process clause. She has informed the Obama Administration, which is defending the policy, that she intends to issue an injunction.
Continue reading “Don’t Ask, Don’t Tell Policy Found Unconstitutional”
St. John the Baptist Roman Catholic Church is being sued. The complaint targets the famous bell of the 104-year-old Gothic church which has rung for prayers, marriages, and other occasions for generations. Most residents associated the 5,000-pound bronze bell with their community but a resident has filed a complaint that silenced the bell under a threat of $700 per day if it rings in violation of the city’s noise ordinance.
Continue reading “For Whom the Bell Tolls: City Silences Bell in 104-Year-Old Gothic Church”
In Alabama, Circuit Judge Tracey McCooey was faced with a man, Zachary Lambert, 23, who posted messages about wanting to commit mass murder at Virginia Tech. McCooey decided that best place for him was not jail, but enlisting in the Army.
Continue reading “Coming to a Battlefield Near You: Defendant Calls for Mass Murder at University, Alabama Judge Gives Him Probation and Sends Him To Join Army”
Civil liberties groups have long objected that President Barack Obama has continued and even expanded on many of George Bush’s abuses in the area of national security, including blocking any investigation into the torture program. Now, civil liberties groups are targeting Obama’s continued use of an assassination list and his assertion that he can simply kill a U.S. citizen without any criminal charge or trial.
Continue reading “Civil Rights Groups Challenge Obama’s Assassination List”
Vladimir Putin took time off this week from trying to become a Russian action figure as a firefighter, whale shooter, and Hells Angel to return to a common conventional role: Russian dictator. With protests scheduled around Russia concerning the loss of civil liberties and his own prolonged rule, Putin defended any use of police brutalilty — promising protesters that they should expect a “whack on the bonce”.
United States District Court Judge Royce Lamberth has issued an order that is a serious blow to those of us who have advocated the expanded federal funding of embryonic stem cell research. Lamberth issued a preliminary injunction to stop all such funding under the new Obama policy.
Continue reading “Federal Court Blocks Human Stem Cell Research”