Category: Constitutional Law

Congress, Constitutional Law, Courts, International, Justice, Military, Politics, Things That Tick Me Off

Georgia On My Mind

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

With apologies to the writers of the famous song by the same title, I came across a small news item that didn’t make the big headlines this past week.  Our friends in Georgia just don’t seem to get the idea that their citizen soldiers deserve the same right to vote that on military members enjoy.  In the upcoming primary elections and general election cycle, Georgia has violated the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) by not providing military members the minimum amount of time between elections in order to assure that their absentee ballots arrive in time to actually be counted in the respective elections.  At least the Justice Department thinks Georgia does not have the military on its mind! Continue reading “Georgia On My Mind” →

Columns, Congress, Constitutional Law, Courts

Et tu, Roberts? Federalism Falls By The Hand Of A Friend

Below is today’s column in USA Today on the health care decision. Though I support President Obama’s effort to establish health care, I have always opposed the individual mandate as a violation of federalism principles. What is fascinating is how some challengers have heralded yesterday’s decision as a victory of federalism. As shown below, I do not take that view.

Continue reading “Et tu, Roberts? Federalism Falls By The Hand Of A Friend” →

Congress, Constitutional Law, Free Speech, Lawyering, Media, Military, Politics

Supreme Court Strikes Down The Stolen Valor Act

In an important win for free speech, the Supreme Court affirmed the Ninth Circuit in striking down the Stolen Valor Act — legislation that I have previously criticized (here and here) as a threat to the first amendment. The nice thing is that it was not particularly close and Chief Justice Roberts again broke with his more conservative colleagues. In United States v. Alvarez, No. 11-210, the Court held 6-3 that it is unconstitutional to criminalize lies — in that case lying about receiving military decorations or medals. Ironically, Alvarez now has something to brag about but no one will believe him.

Continue reading “Supreme Court Strikes Down The Stolen Valor Act” →

Congress, Constitutional Law, Politics, Society, Supreme Court

SUPREME COURT UPHOLDS INDIVIDUAL MANDATE IN HEALTH CARE
The U.S. Supreme Court

I am still at NBC but, as many have heard, the Supreme Court delivered a clear victory to the Obama Administration in upholding the individual mandate. However, the response may be a bit too gleeful for both those following the implications for the Court and the White House.

Continue reading “SUPREME COURT UPHOLDS INDIVIDUAL MANDATE IN HEALTH CARE” →

Constitutional Law, Criminal law, Free Speech, Media

Supreme Court To Rule On Health Care And Free Speech

The U.S. Supreme Court
I am currently scheduled to discuss the Supreme Court cases starting with MSNBC and then NPR’s Here and Now followed by Fox (Special Report) and CNN. I have been encouraging people to keep in mind that we are not just waiting for the Health Care ruling but the Stolen Valor case, the latter being a case with sweeping potential for free speech in the country.

Continue reading “Supreme Court To Rule On Health Care And Free Speech” →

Columns, Congress, Constitutional Law, Courts, Justice, Lawyering, Media, Politics, Society, Supreme Court

A Bigger and Better Supreme Court

Below is my column in today’s Guardian newspaper — a further discussion of my proposal to expand the Supreme Court. While overlapping a bit with the column on Sunday in the Washington Post, the piece adds a few new details on the proposal that I first made over ten years ago.

Continue reading “A Bigger and Better Supreme Court” →

Constitutional Law, Criminal law, Society

Tampa Rape Victim Sues After Jailer Refused Emergency Contraception Pill Due To Religious Beliefs

A federal judge has ruled that a Tampa rape victim known as R.W. can sue the Hillsborough County Sheriff after a jail guard refused to give her an emergency contraception pill because it was against her religious beliefs. Jail employee Michele Spinelli explained to R.W. that she would not give her the pill approved by a doctor because she viewed them to be a sin.

Continue reading “Tampa Rape Victim Sues After Jailer Refused Emergency Contraception Pill Due To Religious Beliefs” →

Constitutional Law, International, Politics, Society

Carter Denounces Obama Administration For “Widespread Abuse of Human Rights”

Former President Jimmy Carter has joined civil libertarians in denouncing President Barack Obama for his “widespread abuse of human rights” by authorizing drone strikes to kill suspected terrorists. Obama has continued the drones strikes despite the public demand of Pakistan and other countries that he stop the attacks on sovereign territory. While the United States would never tolerate such attacks on our soil and would treat them as an act of war, Obama officials have said that the attacks will continue so long as it views them to be in our national interest. Carter also denounced Obama’s continued use of Guantanamo Bay, his continuation of abusive surveillance programs, denial of privacy protections of citizens and other violations.

Continue reading “Carter Denounces Obama Administration For “Widespread Abuse of Human Rights”” →

Congress, Constitutional Law, Supreme Court

SUPREME COURT DECLARES MUCH OF ARIZONA LAW PREEMPTED

As we anticipated, the United States Supreme Court has reversed and upheld the Ninth Circuit in part in the immigration case. Most parts — Sections 3, 5, and 6 — are preempted. In this case, Justice Kagan recused herself and the opinion is written by Justice Kennedy. Both sides can claim some victory, though the Administration can claim the invalidation of most of the law. Yet, the most controversial provision remains unpreempted.

Continue reading “SUPREME COURT DECLARES MUCH OF ARIZONA LAW PREEMPTED” →

Constitutional Law, Criminal law, Free Speech, Society

Illinois Supreme Court Rules Consensual Sex With 17-Year-Old Is Legal But Consensual Pictures Of Sex With 17-Year-Old Is A Crime

The Illinois Supreme Court handed down an interesting decision on Thursday where it ruled that it was not illegal for an adult man to have sex with a 17-year-old girl but it was illegal to film it. Marshall Hollins, 32, was arrested in March 2009 and charged with three counts of child pornography after photographing himself having sex with his 17-year-old girlfriend. The sex was fine but the photos were the crime.

Continue reading “Illinois Supreme Court Rules Consensual Sex With 17-Year-Old Is Legal But Consensual Pictures Of Sex With 17-Year-Old Is A Crime” →

Academia, Constitutional Law, Politics, Religion, Science

Loch Ness Monster Disproves Evolution

-Submitted by David Drumm (Nal), Guest Blogger

That’s the kind of science nonsense that Louisiana’s taxpayers are going to be funding this upcoming school year. Governor Bobby Jindal’s bill will divert public school funds to pay for vouchers for students to attend private Christian schools like Eternity Christian Academy, in Westlake, LA.

The Eternity Christian Academy follows the Accelerated Christian Education (ACE) curriculum. What comprises the ACE science curriculum?

Continue reading “Loch Ness Monster Disproves Evolution” →

Academia, Columns, Congress, Constitutional Law, Courts, International, Justice, Lawyering, Media, Politics, Society, Supreme Court

The Nineteen Member Court: The Case For Expanding The United States Supreme Court

Below is today’s column in The Washington Post Sunday Outlook. Due to the normal space restraints, the original article had to be cut down. Given the high number of comments and questions about the proposal (which I first made years ago) for the expansion of the Supreme Court, I have posted the longer, original piece. That longer version addresses some of the questions raised by readers.

Continue reading “The Nineteen Member Court: The Case For Expanding The United States Supreme Court” →

Academia, Columns, Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

Is The Supreme Court Too Small? A Proposal For The Expansion Of The United States Supreme Court

The Washington Post has posted my column for Sunday on expanding the Supreme Court. Due to space limitations, the original piece had to be cut back significantly, so below is the longer column. I will post the actual column on Sunday.

Continue reading “Is The Supreme Court Too Small? A Proposal For The Expansion Of The United States Supreme Court” →

Congress, Constitutional Law, Courts, Criminal law, Politics, Society

Deliberative or Evasive? Obama Asserts Privilege Over “Fast and Furious”

President Barack Obama today asserted executive privilege over documents long sought by Congress in the investigation of the “Fast and Furious” operation. The assertion in my view is facially overbroad and excessive. It is the latest example of sweeping claims of executive power and privilege by this Administration. Congress has ample reason to investigate this operation, which involves alleged criminal acts that may have resulted in the death of third parties, including a U.S. agent. The Justice Department is accused of complicity in one of the most ill-conceived and harmful operations in recent years. The very officials and agency accused of wrongdoing is claiming that it can withhold documents from a committee with oversight responsibilities.

Continue reading “Deliberative or Evasive? Obama Asserts Privilege Over “Fast and Furious”” →