In a 5-4 decision, the United States Supreme Court has effectively struck down Chicago’s gun law and extended its earlier ruling on the Second Amendment to all states as a fundamental right. It is the decision that some of us anticipated as consistent with past rulings on fundamental rights. The impact will be considerable as all states will now have to respect the individual right of gun ownership under the Second Amendment.
Continue reading “Supreme Court Extends Second Amendment to the States”
Category: Constitutional Law
Today the Senate will begin one of the longest running Kabuki shows in history. Supreme Court nominee Elena Kagan goes to the Senate Judiciary Committee for her confirmation hearings — a process long ridiculed for its ritualized and exaggerated content. The big question is whether Kagan will abandon her previously stated position that nominees should have to answer substantive questions on their views — a rejection of the so-called “Ginsburg Rule.” I will be commenting on the confirmation process at noon on MSNBC and later on Countdown.
Continue reading “Show Time: Kagan Hearings Begin Today”
A federal jury has given the Boy Scouts a major victory: ruling that Philadelphia cannot evict the organization under a non-discrimination law. I have written about this case previously, including a column on the tension between non-discrimination laws and free association.
Continue reading “Philadelphia Jury Rules City Cannot Evict Boy Scout Chapter”
Creationists have lost a major battle after a federal court in Texas upheld a decision by the Texas Higher Education Coordinating Board to deny the Institute for Creation Research Graduate School a certificate of authority to offer master’s degrees in science. We have previously discussed this new “science” degree.
We have another case of a citizen arrested for photographing police. Francisco Olvera says that he was charged in Seeley, Texas with “illegal photography” when a police sergeant followed him into his own home, and he objected and took the officer’s photo with his cell phone.
Continue reading “Texas Officer Charges Homeowner With “Illegal Photography” For Taking His Pictures During An Alleged Unlawful Entry”
The Supreme Court rejected first amendment claims and upheld a federal law on providing “material support” to foreign terrorist organizations in Holder v. Humanitarian Law Project. The material support law (found in the 1996 Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)) is the darling of prosecutors and widely ridiculed by civil libertarians for allowing virtually any act to be classified as material support. The ruling is a victory for Supreme Court nominee Elena Kagan and a loss for civil liberties. Notably, however, even the conservatives on the Court found the interpretation of the Obama Administration to be too extreme.
Continue reading “Supreme Court Rules In Favor Of Expansive Reading of Material Support Law”
The firing of Christopher Piggott, a veteran of the U.S. Marine Corps and former Parkersburg firefighter, has caused a free speech and due process controversy in West Virginia. Piggot was fired because he would not have a Marine Corps tattoo removed from his forearm.
Continue reading “West Virginia Officer Fired For Not Removing Marine Corps Tattoo”
The Israeli Supreme Court has become embroiled in another religious controversy. Last week, the Court struck down subsidies for religious students. Now, tens of thousands of ultra-Orthodox Jews are protesting in various cities after the Court ordered the jailing of some Ashkenazi parents of European descent who refused to send their daughters to a school with girls of Middle Eastern, or Sephardi, descent. Ironically, both groups are protesting the order.
Below is today’s column exploring the growing anger of voters and the possible linkage of controversies ranging from the bank bailouts to immigration to the BP oil spill.
In Nevada, the sentence of Michelle Lyn Taylor, 34, is attracting considerable debate. Taylor was convicted of lewdness with a minor under 14 after kissing a friend’s 13-year-old child, putting his hand on her breast, and offering to have sex with him. Her sentence? Life in prison.
The respected International Committee for the Red Cross has released a statement denouncing Israel’s blockade of Gaza as a violation of international law.
Continue reading “International Red Cross Denounces Israeli Blockade of Gaza As Violation of International Law”
Jarrestta Hamilton has been fired as a fourth grade teacher at Southland Christian School in Florida after administrators declared her a fornicator. Hamilton was about to be married but became pregnant before her vows — leading to her dismissal. She has now filed a discrimination lawsuit.
Continue reading “Learning Your Scarlet Letters: School Fires Teacher as Fornicator”
In the past, I have disclosed my involvement in high-profile cases to avoid any conflict with this blog or questions why I am not posting on a particular subject. Accordingly, I wanted to confirm that I have agreed to serve as co-lead counsel in the Senate impeachment trial of Judge G. Thomas Porteous.
Continue reading “Turley Joins Porteous Defense as Co-Lead Counsel”
I have always have considerable concern over the constitutional basis for arresting people who make jokes in airports or airplanes about terrorism or bombs. Now, Draco Slaughter, 75, is facing seven years in prison for making a joke on the way off his flight.
Continue reading “Rough Audience: 75-Year-Old Man Faces Seven Years in Jail for Airplane Joke”
An Egyptian court in Cairo has upheld a ruling that any Egyptian man who marries an Israeli woman should be barred from military service and stripped of their citizenship in order to rid the country of “disloyal” elements.