Category: Constitutional Law

North Carolina Judge Finds Pro-LIfe Plate To Be Unconstitutional

untitled-174In an important ruling today, U.S. District Court Judge James C. Fox ruled that North Carolina is violating the Constitution by issuing pro-life license plates without issuing a pro-choice license plate. We have discussed this contradiction below and I believe Fox is absolutely correct on the issue.

Continue reading “North Carolina Judge Finds Pro-LIfe Plate To Be Unconstitutional”

Report: Atheists and Religious Critics Persecuted Around The World

stoningWe have been following the increased attacks by political (here and here) and religious figures (here and here) against atheists and agnostics in recent years. A new report is out from the International Humanist and Ethical Union (IHEU) detailing this trend globally.

Continue reading “Report: Atheists and Religious Critics Persecuted Around The World”

Wisconsin Court Orders Father Of Nine Children To Stop Procreating

120812_ff_dad_640Corey Curtis, 44, is a Wisconsin man who is the subject of a novel court order. Racine County Circuit Court Judge Tim Boyle ordered Curtis to stop having children after he sired nine children and is already $100,000 in arrears for child support. Six different women had children with Curtis who said that he will now agree to stop producing children.

Continue reading “Wisconsin Court Orders Father Of Nine Children To Stop Procreating”

NDAA Double Cross

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

When United States District Judge Katherine Forrest blocked the implementation of Section 1021 of the infamous National Defense Authorization Act in May of this year, I thought that legal civilians of all stripes were saved from being at risk of imprisonment without trial or due process. However, an appeals court stayed Judge Forrest’s injunction and the appellate court has allowed the indefinite detention provision to be reinstated during the appeal time frame.  Business Insider

Naomi Wolf of the Guardian explains why a group of journalists sued to block the implementation of Section 1021 in the first place. “As I reported here, last spring a group of journalists and activists including Chris Hedges, Noam Chomsky and Tangerine Bolen, led by counsel Bruce Afran and others, sued President Obama to halt the implementation of Section 1021 in the National Defense Authorization Act (NDAA), which would have allowed for the indefinite detention of Americans without charge or trial. The vague definition of who could be detained included individuals who were seen to provide “substantial support” to al-Qaida’s “associated forces” – wording that provided no protection for journalists interviewing, for example, detainees in Guantánamo, or activists and advocates working with prisoners on their cases.”  Readersupportednews  Continue reading “NDAA Double Cross”

West Point and Religion

Submitted by: Mike Spindell

061410-FlagA young man named Blake Page resigned from West Point this week with five months left to go until graduation. This will no doubt be a life changing event for him and could potentially have drastic consequences. His reason for resigning was his belief that there was a pervasive influence of religious proselytizing at this famed military academy. He and other non-religious cadets are retaliated against for their beliefs and for their refusal to go along with a program that makes Christian Faith the standard for success and for receiving privileges.

He wrote an article for the Huffington Post which I will discuss and link to below. First though I want to add my own thoughts on this because I think this young man is credible and because his charges regarding West Point are not the first complaint of intolerance towards non-religious cadets at a U.S. Armed forces Academy. The U.S. Air force Academy is located in Colorado Springs, Colorado. It is said that this community of 416,000 people can be considered the nexus of Evangelical Christianity in the United States, if not the world.

“Although houses of worship of almost every major world religion can be found in the city, Colorado Springs has in particular attracted a large influx of Evangelical Christians and Christian organizations in recent years. At one time Colorado Springs was counted to be the national headquarters for 81 different religious organizations, earning the city the tongue-in-cheek nickname “the Evangelical Vatican[57] and “The Christian Mecca”.

Religious groups with regional or international headquarters in Colorado Springs include: the Association of Christian Schools International, the Christian and Missionary Alliance, Compassion International, Every Home for Christ, Focus on the Family, HCJB, the International Bible Society, The Navigators, the Roman Catholic Diocese of Colorado Springs, WAY-FM Media Group, Andrew Wommack Ministries, and Young Life.”

In addition to the Air Force Academy there is Fort Carson and two air force bases located in the City. Twenty percent of this County’s employees work for these facilities. Besides this large military presence: “Colorado Springs is home to the United States Olympic Training Center and the headquarters of the United States Olympic Committee. In addition, a number [15] of United States national federations for individual Olympic sports have their headquarters in Colorado Springs http://en.wikipedia.org/wiki/Colorado_Springs,_Colorado#Religious_institutions

Call me paranoid perhaps, but I think that it is no coincidence that this small city, but sixty miles from Denver, at the base of Pikes Peak, has drawn such a large influx of Evangelical Christians and their national organizations. I think it is potentially an ominous sign and I’ll explain my thoughts and feelings. Continue reading “West Point and Religion”

Supreme Court Grants Review Of Two Historic Same-Sex Marriage Cases

Windsor03

The U.S. Supreme Court
The U.S. Supreme Court

The Supreme Court has accepted two cases that deal with the issue of same-sex marriage. One of the cases is that of Edie Windsor (left) challenging the Defense of Marriage Act (DOMA) — a law supported and signed by former President Bill Clinton to bar federal recognition of same-sex marriage. On October 18, 2012, the Second Circuit struck down DOMA in Windsor v. United States. Also accepted is Hollingsworth v. Perry dealing with “Proposition 8″ in California.

I will be discussing the cases tonight on Ed Schultz on MSNBC around 8:50 pm.

Continue reading “Supreme Court Grants Review Of Two Historic Same-Sex Marriage Cases”

Charges Dismissed Against Former Child Sex Crimes Prosecutor For Lack Of Actual Minor In FBI Sting

8820753-smallThere is an interesting ruling out of Mobile, Alabama where former child sex crimes prosecutor, Steve Giardini, was charged with solicitation of a minor over the computer. Special Judge Gaines McCorquodale dismissed the charge on a key missing element under the statute: an actual victim. Since Giardini was speaking with an undercover officer posing as a 15-year-old girl, McCorquodale ruled that there was no victim as required under the language of the statute for child enticement. Essentially, no child, no enticement, no charge.

Continue reading “Charges Dismissed Against Former Child Sex Crimes Prosecutor For Lack Of Actual Minor In FBI Sting”

OUR STUDENTS DESERVE DUE PROCESS

600px-US-DeptOfEducation-Seal.svgBelow is my column this morning in USA Today on a campaign by the Obama Administration to pressure colleges and universities to reduce due process protections for students accused of sexual harassment and sexual violence. I have previously written a letter to my own university opposing some of these specific changes, though (like many schools) George Washington appears to be yielding to the pressure. I understand the concern of the Administration and the need to protect victims in this difficult process. We are all committed to maintaining a protective environment for both students and faculty. However, there are other ways to offer such protections without stripping away core due process protections in my view. My greatest concern is with the sexual violence cases because these adjudications will have a lifelong impact on the students (or faculty members) as well as consequences for collateral criminal proceedings. The column below is slightly expanded with material cut for space in the newspaper version.

Continue reading “OUR STUDENTS DESERVE DUE PROCESS”

14,000,000

One hour ago, our blog passed the 14,000,000 viewer. The fact that we only recently passed the 13,000,000 viewer mark reflects the impressive growth of this blog. Congratulations everyone. Now if we could only get .000001 of those viewers to vote for us on the ABA blog competition we could crush the competition! If you (are any distant relative, incompetent ward, or pet) has not voted, you can vote here and cast your vote today!

Continue reading “14,000,000”

Federal Judge Enjoins California’s Conversion Therapy Ban

California flagU.S. District Court Judge William Shubb has issued a temporary injunction to block enforcement of California’s ban on licensed psychotherapists treating gay minors to change their sexual orientation. Such conversion or reparative therapy was declared scientifically unsupported and potentially harmful. When enacted, some of us raised concerns under the first amendment. Shubb found those concerns to be critical in imposing the injunction.

Continue reading “Federal Judge Enjoins California’s Conversion Therapy Ban”

Obama Administration Moves To Expand Spy Network Of Pentagon in “Major Adjustment For National Security”

600px-US-DefenseIntelligenceAgency-Seal.svgCIAThe Obama Administration has announced that it will seek the expansion of the Defense Intelligence Agency (DIA) to include a wider range of espionage operations. The move which has attracted little attention would create a large spy network in the Pentagon as the same time that the CIA is moving to build more of an independent air force and military operational capacity.

Continue reading “Obama Administration Moves To Expand Spy Network Of Pentagon in “Major Adjustment For National Security””

Louisiana School Voucher Program Ruled Unconstitutional in State Court

Louisiana SealBobbyJindal1Submitted by Elaine Magliaro, Guest Blogger

In August, I wrote a post about Louisiana’s new school voucher program (Stateside Louisiana: School Vouchers and the Privatization of Public Education) that would use tax dollars earmarked for public education to pay for students’ tuitions to private and religious schools. Last week, State District Judge Tim Kelley “declared the diversion of funds from the Minimum Foundation Program (MFP) — the formula under which per pupil public education funds are calculated — to private entities was unconstitutional.” The voucher program is funded by a block-grant program that “Judge Kelley ruled is restricted by the constitution to funding only public schools.”

“Nowhere was it mandated that funds from [the block-grant program]…be provided for an alternative education beyond what the Louisiana education system was set up for,” he [Judge Kelley] wrote. The state can legally fund vouchers, but the funding “must come from some other portion of the general budget,” Judge Kelley said.

The judge, however, did not issue an immediate injunction to stop the voucher program. “The 5,000 students currently receiving vouchers will be able to continue attending their private schools pending an appeal, state officials said.”

Continue reading “Louisiana School Voucher Program Ruled Unconstitutional in State Court”

Supreme Failure: Chicago’s Anita Alvarez and the Campaign To Criminalize Citizen Monitoring of Police

mosaic_anita143x176Below is my column today in the Sunday Chicago Tribune on the recent denial of review by the Supreme Court in the Illinois eavesdropping case that we discussed earlier.

Continue reading “Supreme Failure: Chicago’s Anita Alvarez and the Campaign To Criminalize Citizen Monitoring of Police”

My How Things Have Changed

Submitted by: Mike Spindell, guest blogger

eisenhower saying

goldwater saying

One of the sad lessons one learns, if they live long enough, is that permanency is an illusion. There was a time when most Conservatives in the United States actually cared about the country and its’ people. It’s not that I’m wistful for some bygone era that exists only in my mind, because I’m well aware that the 40’s, 50’s and 60’s were tumultuous times for many including myself.  Nor do I have any great love for Dwight Eisenhower and/or Barry Goldwater who I did not vote for in 1964. Yet with all their conservative beliefs, these were men who actually understood something about the needs of people and the motives of some who would call themselves religious leaders. Many of us who have lived long lives remember when the public political discussion in this country contained actual, factual debate, containing depth of ideas, rather than the invective we hear today. The Republicans of the Eisenhower era understood that there was a social contract that existed in this country to ensure that there was a healthy, financially flourishing Middle Class, which is the engine that drives a prosperous modern society. Also  Barry Goldwater, who was known as “Mr. Conservative” understood the danger that the Religious hucksters had for his party and the necessity of politicians to compromise. He would ridicule those prominent politicians in his party who would reject the ideas of evolution and blind themselves to science. He also really did believe that government had no business prying into essentially private matters. I disagreed with him on most things, but I at least could respect him, which I can’t do for many prominent politicians of today.

What happened?  You know I’ve written about my theories in many of my guest blogs, what are yours?

Islamists Push Through New Constitution In Egypt That Would Open the Door For Sharia Law and Clerical Oversight of Legislation

220px-Mohamed_Morsi_croppedAs protests continue over the power grab of President Mohammed Morsi, Islamists pushed through a draft constitution without the involvement of Christian or liberal members to give Muslim clerics oversight over legislation and add restrictions to free speech, women’s rights, and other civil liberties.

Continue reading “Islamists Push Through New Constitution In Egypt That Would Open the Door For Sharia Law and Clerical Oversight of Legislation”