Category: Constitutional Law

Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics, Society, Supreme Court

Don’t Mess with Texas’ Executions

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

As an Illinois resident I was heartened by the fact that a former governor took the politically dangerous action to halt all executions and recently the current Governor of Illinois signed a bill to  end the death penalty in Illinois.   Tribune   With that background, I was saddened to read that since 1976, more than 1/3rd of all executions that took place in our country happened in Texas. Since 1976, Texas has executed 481 people.  Truth Progress  Why does Texas continue to execute people when many experts assert that the death penalty is not a deterrent to violent crime?   Continue reading “Don’t Mess with Texas’ Executions” →

Columns, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society, Supreme Court, Testimony

Zimmerman: Media Circuses Make for Bad Justice

Submitted by: Mike Spindell, Guest Blogger

At this point, to be honest, all of the back and forth regarding “evidence” in the Zimmerman Case that has occurred here over a number of threads has been mere speculation that misses the salient issues raised by this case. The real (admissible) evidence will be presented at the trial and a hopefully an unbiased jury will make its decisions. The issues that we need to discuss from my perspective are:

1. Did the Sanford Police make a mistake in releasing Zimmerman rather quickly and allowing him to retain his gun, which was potential evidence?

2. Was there undue outside influence used upon the police to end their investigation quickly?

 3. Is there a degree of probability that in many Stand Your Ground venues, had the victim been white and the protagonist of color, that the protagonist would have been immediately arrested?

4. What are the purposes of a business oriented lobbying group, like ALEC, in getting “Stand Your Ground” Laws passed?

5. Is this once again an instance where a media circus has poisoned the ability to have a fair trial? Continue reading “Zimmerman: Media Circuses Make for Bad Justice” →

Bizarre, Constitutional Law, Politics, Religion, Society

Catholic Bishop: Obama Acting Like Hitler and Stalin

What happened to those homilies about the prodigal son and rendering unto Caesar what is Caesar’s? Parishioners were surprised with this Sunday’s homily by Peoria Bishop Daniel Jenky comparing President Barack Obama’s health care policies to policies of Adolf Hitler and Josef Stalin.

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Bizarre, Constitutional Law, Courts, Lawyering

Dicta or Diatribe? Appellate Judge Writes Opinion Denouncing Limits on “Cowboy Capitalism”

D.C. Circuit Judge Janice Rogers Brown has long been controversial since her nomination was opposed by many for what were viewed as extreme view as a member of the California Supreme Court. She was finally confirmed in a deal in the Senate that many denounced as a surrender by Democrats. Now Brown has used an opinion to denounce “powerful groups” and courts for limiting “Cowboy capitalism” that she says has been “disarmed” in America.

Continue reading “Dicta or Diatribe? Appellate Judge Writes Opinion Denouncing Limits on “Cowboy Capitalism”” →

Congress, Constitutional Law, Supreme Court

Did The Founding Fathers Back Health Insurance Mandates? (Updated)

-Submitted by David Drumm (Nal), Guest Blogger

Harvard Law School professor Einer Elhauge writes that the very first Congress, in 1790, passed a law that included a mandate that ship owners buy medical insurance, but not hospital insurance, for their seamen. That Congress included 20 framers and was signed by another framer: President George Washington. In 1792, Washington signed another bill, passed by a Congress with 17 framers, requiring that all able-bodied men buy firearms. In 1798, Congress, with 5 framers, passed a federal law that required seamen to buy hospital insurance for themselves.

Why weren’t these examples cited by the Solicitor General during his oral argument?

Continue reading “Did The Founding Fathers Back Health Insurance Mandates? (Updated)” →

Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics, Society

Jury Selection Starts In Edwards Case with Controversial Campaign Finance Charges

Jury selection began yesterday in Greensboro, N.C., in the federal trial of former presidential candidate John Edwards. Because of the extremely prejudicial aspects of Edwards’ infidelity while his wife was battling cancer, voir dire and pre-trial motions in limine will be critically important in the case. Equally important will be the legal basis for the campaign finance charges in the case over the use of third-party funds to hide his affair with Rielle Hunter. In my view, the charges stretch the law too far but the government will still have to convince a jury. The greatest danger for the defense remains the prejudicial elements and how they may warp the jury’s view of the facts and legal standard.

Continue reading “Jury Selection Starts In Edwards Case with Controversial Campaign Finance Charges” →

Constitutional Law, Free Speech, International, Media, Politics, Society

Roma Advocates Seek Ban Of Swiss Magazine Over Incitement

We have followed the growing trend toward criminalization of speech in the West. This morning we have another such story out of Germany over a cover on the Swiss magazine Die Weltwoche, on the increasing numbers of Roma in Switzerland. The cover shows a Roma boy pointing a gun and critics have called for the magazine to be banned for racial incitement. There is ample reason to debate the merits of the cover story, entitled “The Roma are coming.” However, once again, there is a move to ban unpopular speech rather than allow free speech to be its own disinfectant.

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Constitutional Law, Courts, Lawyering, Media, Politics, Society, Supreme Court

ABA President Criticizes Obama For Judicial Activism Comments

ABA President Wm. T. (Bill) Robinson III has issued a statement criticizing President Obama’s statement that voting against the health care law would be “judicial activism” In a letter to the Wall Street Journal, Robinson called the remarks “troubling.”

Continue reading “ABA President Criticizes Obama For Judicial Activism Comments” →

Bizarre, Constitutional Law, Criminal law, Free Speech, International, Politics, Religion, Society

Egyptian Court Sentences 17-Year-Old Christian Boy To Three Years In Jail For Cartoons of Mohammad on Facebook

We have for years been following the rising number of blasphemy prosecutions not only in the Muslim world but, even more worrisome, in the West. Now, an Egyptian court has added a new outrage in sentencing a 17-year-old Christian boy to three years in jail for publishing cartoons on Facebook deemed mocking of Islam and the Prophet Mohammad. It is the latest example of the abuses of Sharia law and the danger of intermingling religion and government.

Continue reading “Egyptian Court Sentences 17-Year-Old Christian Boy To Three Years In Jail For Cartoons of Mohammad on Facebook” →

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

Doubling Down: Holder Calls Obama’s Judicial Activism Criticism “Appropriate”

While the White House and the President backtracked from Obama’s recent statements regarding the Supreme Court, Attorney General Eric Holder succeeded in reigniting the controversy by calling the comments about judicial activism “appropriate.” As I noted earlier, the effort of the White House to modify the statement of the President notably did not include a retraction of the judicial activism statement. Holder’s statement appeared to reaffirm that the omission was intentional.

Continue reading “Doubling Down: Holder Calls Obama’s Judicial Activism Criticism “Appropriate”” →

Congress, Constitutional Law, Courts, Politics, Society

Federal Court Slams Justice Department Over Obama Comments

Yesterday, we discussed President Obama’s comments on the Supreme Court and the pending health care litigation — comments I viewed as unwise and unfounded. In addition to wrongly suggesting that any justice voting against the law would be a judicial activist, Obama seemed to suggest that the law should be upheld on the ground that it is the result of a democratic process and the will of the majority. Putting aside the fact that all unconstitutional law were passed by a democratic process in this country, I noted that the comments were extremely unwise at a time when the Court appears split on the key issues and currently deliberating the outcome. Well, the Supreme Court is not the only court considering the health care law and the timing could not have been worse for Obama to hold forth on his view of the courts and the Constitution. While I do not agree with the order of the Fifth Circuit for the Administration to respond in writing to the court, some backlash should have been foreseen by the President in going public with the comments.

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Congress, Constitutional Law, Courts, Justice, Lawyering, Media, Politics

Obama Predicts Health Care Victory, Labels Vote Against Law As “Judicial Activism”

Yesterday, President Barack Obama made the surprising prediction that the Supreme Court would uphold the health care law and further labeled those who would vote against it as judicial activists. I am not sure what he is basing his prediction on, but the comment on judicial activism is both unfounded and unwise.

Continue reading “Obama Predicts Health Care Victory, Labels Vote Against Law As “Judicial Activism”” →

Bizarre, Constitutional Law, Free Speech, Media, Politics, Society

Arizona Passes Sweeping Law Criminalizing Internet Speech

In one of the most sweeping attacks on free speech in America, the Arizona legislature has passed a draconian bill that would criminalize speech on the Internet (“any electronic or digital device”) that prosecutors consider “obscene, lewd or profane language or . . . suggest[ing] a lewd or lascivious act if done with intent to ‘annoy,’ ‘offend,’ ‘harass’ or ‘terrify.’” The law is largely undefined and is in my view facially unconstitutional. The law would drive a stake in the heart of free speech. Yet, people like Bill Clinton have been calling for such a crackdown on Internet speech for years.

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Constitutional Law, Free Speech, International, Politics, Religion

Tunisia Rejects Sharia As Basis For New Constitution

Over the years, I have not hidden my opposition to Sharia-based legal systems and the types of grotesque forms of justice that they mete out to their citizens. There is little good news from this area of the world as revolutions in Libya and Egypt go careening toward Islamic states. However, this week we have a modicum of good news. Tunisia’s governing Islamist party has decided to oppose a move to make sharia law the main source of legislation in a new constitution. They appear to be doing better than our allies in Iraq and Afghanistan who are increasingly applying harsh Islamic principles.

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Congress, Constitutional Law, Courts, Free Speech, Media, Politics, Society, Supreme Court

A Small Victory Against Corporatism

by Gene Howington, Guest Blogger

On Friday, a small victory was had against the ever encroaching corporatism threatening our democracy.  Rep. Chris Van Hollen (D – MD) brought suit against the FEC last year. In his suit, Van Hollen charges that in 2007 the FEC created a loophole allowing undisclosed donors to contribute money for “electioneering communications” to organizations like Karl Rove’s 501(c)(4) advocacy group Crossroads GPS and to 501(c)(6) business associations like the Chamber of Commerce for the purposes of by willfully misinterpreting disclosure requirements in the Bipartisan Campaign Reform Act of 2002 (a.k.a. McCain-Feingold). “Electioneering communications”  are broadcast ads that refer to a federal candidate in the period 60 days before a general election or 30 days before a primary election.  These ads may call for either the election or defeat of a specific candidates.

In 2007, the FEC added a regulation that complicated the situation. The rule in question – C.F.R. Title 11 § 104.20 (c)(9) – (found at 2 U.S.C. 434(f)) – says “If the disbursements were made by a corporation or labor organization pursuant to 11 CFR 114.15, the name and address of each person who made a donation aggregating $1,000 or more to the corporation or labor organization, aggregating since the first day of the preceding calendar year, which was made for the purpose of furthering electioneering communications.”  Clearly the FEC is saying that disclosure is only required if a donation is explicitly made “for the purpose of electioneering communication.”  Being that few, if any, donors to these groups ever earmark their donation for a specific election expense there has been little or no disclosure of the donors to these groups.

There is a problem with that regulation though.

Continue reading “A Small Victory Against Corporatism” →