The Federal Communications Commission lost a major decision to Comcast when the D.C. Circuit ruled that it does not have the legal authority to slap Net neutrality regulations on Internet providers on Tuesday.
Continue reading “Court: FCC Lacks Authority To Impose Net Neutrality”
Category: Constitutional Law
The West Virginia coal mine that exploded this week and killed 25 workers has a less than pleasing legal back story. Upper Big Branch mine, operated by the Performance Coal Company, is a subsidiary of Massey Energy. That should ring a bell for lawyers and academics as the company owned by Don Blankenship, who was at the heart of the recent Supreme Court ruling in Caperton v. Massey — a case involving Blakenship’s alleged control of the West Virginia bench through massive campaign contributions.
Continue reading “West Virginia Mine Involved in Deadly Blast is a Massey Subsidiary”
Many civil libertarians and liberals were critical of President Barack Obama’s selection of Sonia Sotomayor to replace David Souter. Sotomayor voted with conservatives on the Second Circuit in key police abuse and free speech cases. (here and here and here and here. At the time, many of us opined that Obama would not dare appoint such a nominee to replace liberal icon John Paul Stevens. If the three candidates leaked by the White House on the short list is any indication, there is a two out of three chance that he will do precisely that.
Continue reading “An Uneasy Feeling: Obama’s Short List Reportedly Includes Two Controversial Possible Nominees”
U.S. District Judge Charles Clevert has handed down a fascinating decision striking down a Wisconsin law banning hormone therapy for transgender inmates.
Continue reading “Wisconsin Judge Strikes Down State Law Banning Hormone Therapy For Transgender Inmate”
Giuseppe dalla Torre, head of the Vatican’s tribunal, has reportedly declared that efforts to question Pope Benedict on the widening abuse scandal would be refused on the grounds of diplomatic immunity.
Continue reading “Vatican Invokes Diplomatic Immunity to Bar Questioning of Pope On Abuse Scandal”
In a bizarre and disturbing move, the American Civil Liberties Union of Mississippi has rejected a $20,000 gift made by the American Humanist Association to underwrite an alternate prom in the recent case involving a lesbian student in Mississippi. The American Humanist Association promotes “good without God” and was viewed by the ACLU as too controversial as a perceived atheist organization.
Continue reading “ACLU Turns Down Donation From Humanist Organization”
In an action that has outraged many citizens, the United States Court of Appeals for the Fourth Circuit has ordered the family of Lance Cpl. Matthew Snyder to pay the legal costs of the extremist Westboro Baptist Church, which picketed Snyder’s funeral and celebrated his death.
Continue reading “Father Ordered to Pay Westboro Baptist Church’s Legal Costs”
Obama may wish that people stop trying to help him, particularly his Vice President. With Al Sharpton and Castro (here) endorsing his health care plan as a victory of socialism, Obama is insisting that this is not a wealth redistribution system. Now, Joe Biden has triggered another firestorm with comments that seem to agree that Obama is actively redistributing the wealth. I doubt this is the debate that the White House wants to have in the wake of the health care passage.
Below is today’s column on the constitutional challenges to the health care legislation. I will be participating in a live chat at 1:00 p.m. at the Forum with USA Today. Continue reading “Is the Individual Mandate Constitutional?”
Comedian Guy Earle has been called before the B.C. Human Rights Tribunal for violating the human rights of a lesbian couple with insulting comments at a nightclub. Lorna Pardy, 32, filed the complaint after she was insulted at dinner with her partner. She alleges Earle, restaurant owner Salam Ismail and Zesty Food Services Inc. “discriminated against her in the provision of a service … on the basis of her sex and her sexual orientation.”
Continue reading “Comedian Charged With Human Rights Violation By Lesbian Insulted At Club”
In the latest sign of how American politics has descended into virtual graffiti legislation, the governor of Utah has signed legislation authorizing the state to exercise eminent domain over federal lands. It is clearly unconstitutional but that seems to matter little to legislators or Gov. Gary Herbert who signed the two bills.
Continue reading “Utah Governor Signs Law Authorizing Use of Eminent Domain Over Federal Lands”
Many of us were shocked by the scene of Tea Party activists attacking a disabled man with Parkinson’s disease who held a sign calling for health care reform. One man threw money at Robert A. Letcher, 60, and began screaming uncontrollably that him. The man has now been identified as Chris Reichert and he has issued an apology.
Continue reading “Protester Identified in Abuse of Man With Parkinson’s Disease”
Marine Corps’ commandant Gen. James Conway has declared that, if Congress allows openly gay personnel, those marines will be given separate rooms to avoid forcing straight marines to share quarters with homosexuals.
Continue reading “Gay Barracks? Marine Commandant Promises to Force Gay To Live in Separate Housing”
We previously followed the dispute between Joseph Reyes and his ex-wife over the religious upbringing of their daughter, here. The judge in the case has now barred Joseph Reyes from bringing his daughter to Easter mass in a ruling that raises some troubling questions under the first amendment and parental rights.
Continue reading “Church Bars Father From Taking Daughter to Easter Mass”
Ballard High School in Seattle, Washington has triggered a dispute over parental rights when it arranged for an abortion of a teenage girl during school hours without notifying her parents. While the parents signed a consent form to allow her to use the clinic, they never agreed that such trips to the nurse would include an abortion.
Continue reading “In Loco Parentis: School Arranges for Teenager’s Abortion During School Hours Without Notifying Parents”