The Democrats have finally pulled the plug on the D.C. Vote bill — citing an amendment that would strip the city of its gun control laws. While D.C. Del. Eleanor Holmes Norton (D) previously stated (here and here) that there was an agreement to pass the amendment as the cost for the D.C. vote, House leadership decided yesterday to pull the bill.
Category: Constitutional Law
In a major free speech victory, the Supreme Court has ruled in the Stevens cases — striking down a law designed to punish the sale of dog fighting and so called “crush films.” The vote was 8-1.
Continue reading “Supreme Court Strikes Down Dog Fighting Video Law”
Ohio death row inmate Darryl Durr has filed a novel challenge to his scheduled execution: he claims to be allegic to the anesthesia used in lethal injection.
Arizona has become the third state to eliminate the need to have a permit to carry a concealed gun. Now, you can pack a gun without a permit in Arizona, Alaska, and Vermont.
Continue reading “Arizona Repeals Requirement of a Permit for Carrying a Concealed Weapon”
Margie Phelps, the lawyer representing Westboro in the current Supreme Court case and daughter of the Church’s founder, has responded to my recent column on that case. Since I do not believe it was published, in fairness I am publishing it in full on the blog:
Continue reading “Phelps Responds To Westboro Column”
Below is my column this morning on conflicts forming around non-discrimination laws and free exercise. Much of the attention this term in the Supreme Court has focused on the campaign finance ruling striking down limits on corporate spending. However, an equally (if not more) important case has been given little attention before its oral argument on April 19, 2010. Christian Legal Society v. Martinez is the classic “sleeper case”: a case that has a low profile but could have a sweeping impact on our society. While the immediate issue is the refusal of the Hastings College of Law in California to recognize the Christian Legal Society (CLS) as an official student organization, it is a case that could address a growing conflict between anti-discrimination laws and the free exercise of religion. The question is whether anti-discrimination laws are themselves discriminatory against some faith-based organizations. Notably (while it was cut for space), we have followed other cases around the country and the world. This includes Philadelphia evicting the Boy Scouts from a historic building after over 70 years (here).
This is not a unique problem for the United States. For example, in England, the famous Jewish Free School (founded in 1732) denied entry to a student because he was not viewed as Jewish under orthodox rules since his mother was not Jewish as opposed to his father. (His mother converted to Judaism). An appellate court ruled that the use of such religious principles violated anti-discrimination laws and that the school had to admit students that it does not consider Jewish (here).
Universities have also struggled with the line between non-discrimination and religious values. Harvard recently was criticized for setting aside time in a student gym for only women to accommodate the customs of Muslim women who could not exercise in the presence of males (here).
Here is the column:
We have been following the steady decline of free speech in the West (here and here and here) and we have another interesting case on criminal charges for uttering prohibited thoughts. Germany has long made it a crime to deny the holocaust. Now, controversial British clergyman Richard Williamson has started a trial in Germany on Friday for his denial that the Nazis had systematically murdered millions of Jews.
Continue reading “Germany Prosecutes Bishop for Questioning the Holocaust”
White House officials appear to leaking a couple more names as trial balloons for the Supreme Court, including former Georgia Supreme Court Chief Justice Leah Ward Sears and federal appeals court judge Sidney Thomas of Montana. I will be discussing the current crop of possible nominees on MSNBC Hardball, withstanding more pressing news events.
Continue reading “New Names Emerge On Lengthening “Short List””
Dawn Johnsen, the president’s nominated head for the Office of Legal Counsel, has withdrawn after more than a year of delayed action on her confirmation.
Continue reading “Vanishing Dawn: Nominee for OLC Withdrawals”
The Connecticut Catholic bishops have issued a dire warning to the faithful that a proposal to lift the statute of limitations for victims of Church abuse to sue would threaten their very religion, putting “all Church institutions, including your parish, at risk,” .
Below is today’s column on the retirement of Associate Justice John Paul Stevens.
Continue reading “John Paul Stevens: The Uncalled Shot”
Today John Paul Stevens officially announced that he will resign at the end of this term. As I state in today’s column in USA Today, it is the end of an era for liberals. I discussed the issue on this segment of Countdown.
Continue reading “John Paul Stevens Retires”
There is an important ruling out of Redding where a federal judge has ruled that California violated the rights of Barry Hazle Jr.,40, by punishing him for refusing to participate in a religious drug treatment program. It is a rare ruling in favor of an atheist under the Establishment Clause.
Continue reading “Atheist Wins Establishment Challenge to Faith-Based Treatment Program”
Juneau County District Attorney Scott Southworth has reportedly threatened to prosecute schools if they comply with new state sex-education educational directives. He has declared that such courses encourage minors to have sex.
Continue reading “Wisconsin District Attorney Threatens to Prosecute Any Schools Teaching Sex Ed”
Mississippi’s Itawamba Agricultural High School has been roundly condemned for canceling a school prom in order to avoid having lesbian student Constance McMillen appear in a tux with her girlfriend. Now, the school is accused of an astonishing act of duplicity to add to its earlier act of discrimination. McMillen says that she was invited to a prom arranged with officials off school grounds only to find it was just her and seven other revelers, including two learning disabled students. She later says that she learned that the rest of the student body was attending the real prom across town with the knowledge of school officials.
Continue reading “Date and Switch? School Accused of Holding Fake Prom For Lesbian”