Category: Constitutional Law

Party Pooper: White House Invokes Separation of Powers to Block Testimony of Social Secretary

Usually privilege fights focus on testimony of White House staffers on conversations with President or military and state secrets. President Barack Obama, however, has invoked the separation of powers to block the testimony of Desiree Rogers, the White House Social Secretary, on the recent controversy over Michaele and Tareq Salahi. It appears that nothing less than Article II and the integrity of the Executive Branch is at stake in hearing from someone who arranges parties for the First Couple.

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Cardinal: No Gays Go To Heaven

Cardinal Javier Lozano Barraga, Mexican Cardinal and President Emeritus of the Pontifical Council for the Pastoral Care of Health Care Workers in the Roman Catholic Church, has declared that there are no homosexuals or transsexuals in heaven. If they want heaven, they have to change their sexual partners to members of the opposite sex.
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Court Orders Arizona Deputy to Jail After He Refuses to Apologize for Swiping Attorney’s Notes in Court

Officer Adam Stoddard of the Maricopa County Sheriff’s Office has added contempt of court to his prior violation of attorney-client confidentiality. At the urging of his boss, Sheriff Joe Arpaio, Stoddard has refused to apologize to defense attorney Joanne Cuccia after he swiped handwritten notes from her papers — caught in the videotape above. Maricopa County Superior Court Judge Gary Donahoe ordered Stoddard to either apologize or report to jail — a remarkably light sentence. However, Arpaio encouraged his officer to go to jail — just the latest outrageous act by Arpaio who has been widely accused of acting more like a petty dictator than a police officer in Arizona.
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TURLEY BLOG MAKES TOP 100 — RACE BEGINS FOR TOP SPOT IN IMHO (OPINION) CATEGORY

The moment has come. For the last twelve months, we have basked in the glory as the Top Law Professor and Legal Theory Blog. Now, the ABA has started the Third Annual Competition. The good news is that we once again made the top 100 blogs. However, the ABA has mixed things up a bit with new categories. We have been moved to the Opinion category (IMHO- in my humble opinion slot). The ABA editors, however, have put us up against one of the oldest and most popular legal sites, Althouse. To vote, click here.

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Swiss Vote To Ban Minarets

We previously discussed today’s Vote in Switzerland on a ban on minarets for Mosques. Despite international criticism, the ban has passed. Just as we saw today (here) how Islamic extremists can justify blatant discrimination against other religions, the Swiss have shown that Christians are equally comfortable with such double standards.

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Call to Prejudice: Swiss to Vote on Ban on Mosque Minarets

The Swiss are poised to vote on a disturbing attack on religion: a ban on minarets on mosques used for the adhan (call to prayer). If passed, the referendum this Sunday would be a clear denial of a basic human right for Muslims and an act of popular intolerance against a minority group.
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Court Rules Against Arizona Deputy on Swiping Lawyer’s Note — Arpaio To Defy Court

There has been a ruling in the Arizona case where an officer, Officer Adam Stoddard with the Maricopa County Sheriff’s Office is clearly shown on this videotape reading and then swiping the confidential papers of defense attorney Joanne Cuccia in court. Maricopa County Superior Court Judge Gary Donahoe found against Stoddard and ordered him to either apologize or report to jail — a remarkably light sentence. However, his boss is Sheriff Joe Arpaio who has said that his officer will defy the order.
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Sentence First, Verdict Afterwards: Obama Assures Public KSM Will Be Convicted and Executed

It was the Queen of Hearts in Alice in Wonderland that declared “Sentence first! Verdict afterwards.” However, President Barack Obama appears to have taken a lesson our two from her majesty. Today, President Obama assured Americans that they should not be offended by trying Khalid Sheikh Mohammed in federal court because he will be convicted and executed. I will be discussing this story tonight on MSNBC Countdown.
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Detective Offers Conflicting Testimony in World Bank Case

This afternoon, the Plaintiffs in the World Bank/IMF protest case filed a notice with the Court of the receipt of an affidavit in the case from a police detective, who contradicts the sworn testimony of former D.C. (and current Philadelphia) Police Chief Charles Ramsey. As lead counsel in one of the two cases (with my colleague Daniel Schwartz of Bryan Cave), I am limited in what I can say on the case. However, to reduce calls to my office, I am posting the filing below.
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Xenophon v. Xenu: Leading Australian Senator Calls for Criminal Investigation of Church of Scientology

In the aftermath of the criminal conviction in France (here), the Church of Scientology is facing a call for a criminal investigation in Australia from Senator Nick Xenophon, who presented the case against the church before the legislature.
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O’Reilly: “I Don’t Care About The Constitution”

Conservative commentators continue their war on the Constitution this week with increasingly shrill rhetoric of how our laws and civil liberties are endangering us. Fox News commentator Bill O’Reilly, however, achieved a remarkable low by declaring “I don’t care about the Constitution” on air in a discussion of Attorney General Eric Holder’s decision to try five detainees in New York.
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You Would Be Crazy Not To Own a Gun: Senators Propose Law To Guarantee Gun Ownership for Mentally Incapacitated Veterans

200px-Sam160px-Richard_Burr_official_photoWe recently saw a court rule that a quadriplegic has a right to hunt with a special chair where he literally blows away deer by blowing into a tube attached to the trigger. Now, Senators have adopted a provision to guarantee the right of “mentally incapacitated” veterans to buy firearms. After the shooting at Fort Hood, the provision passed with the support of Republican North Carolina Sen. Richard Burr and Democratic Virginia Senator Jim Webb is attracting criticism.

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