Category: Constitutional Law

High-Ranking Iranian Official Accuses Mousavi With Treason and Being “Foreign Agent”

225px-Mir_Hossein_Mousavi_in_Zanjan_by_MardetanhaThe Iranian government appears to be laying the groundwork to arrest Mir Hossein Mousavi, who this week released proof of extensive fraud and government interference with the June 12th elections. Hossein Shariatmadari, a special adviser to Ayatollah Ali Khamenei, accused Mousavi of being a “foreign agent” working for the United States and a member of a “fifth column” determined to topple Iran’s Islamic system of governance. The Iranian government has also announced a crackdown on satellite providers in an effort to block citizens from hearing any news other than what the government approves. It appears that in the paradise of Islamic rule the government cannot risk people hearing about their government and its actions.
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Palin Threatens Washington Post, NY Times, MSNBC, and Other Publications With Defamation Lawsuit

225px-palin1Sarah Palin may have been unclear as to why she decided to quit early as governor, but her lawyer, Thomas Van Flein, is insisting that it is not because of an investigation of wrongdoing involving her house on Lake Lucille or the Wasilla Sports complex. The link was published in pieces by Alaska blogger Shannyn Moore, Huffpo, Washington Post, the NY Times and MSNBC.
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Unholy Challah: Israel Court Orders Religious Board to Certify Bakery of Messianic Jew

275px-Challah_Bread_Six_Braid_1660px-flag_of_israelsvg1Israel continues to struggle with entanglement of temple and church. The latest battle occurred over the denial of a bakery, bakery, Pnina Pie, as a kashrut bakery. The denial was based on the faith of the owner, Pnina Comporati, who is a Messianic Jew. The Israeli Supreme Court ordered that Ashdod Rabbinate and the Chief Rabbinate Council to issue the certification.
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Ave Maria Law School Invokes Status as Religious Institution and “Ecclesiastical Abstention” to Dismiss Law Professors’ Lawsuit

ave_mariaThe Ave Maria Law School in Naples, Florida has long been controversial. Dedicated to Catholic education and values, the school is the subject of a lawsuit by professors who are challenging the move from Michigan to Florida as well as management policies. The law school is now claiming in the lawsuit that all law professors are “ministerial employees” and that the school is entitled to “ecclesiastical abstention.”
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Minnesota Supreme Court Votes Unanimously With Franken — Coleman Concedes

225px-AlFranken2009.JPG I’m Good Enough, I’m Smart Enough, and Doggone It, the Minnesota Supreme Court Likes Me. This election may have been a virtual tie, but Al Franken swept the Minnesota Supreme Court today. The Court ruled that Franken should be certified as the winner of the state’s Senate race — rejecting a challenge by Republican Norm Coleman. With Franken, the Democrats will have the votes to overcome any filibuster (if you include the two independents).

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Supreme Court Rules 5-4 to Reverse Sotomayor Ruling in New Haven Firefighters Case

supreme court200px-Sonia_SotomayorAs expected, the Supreme Court voted in Ricci v. DeStefano, the New Haven firefighters case, to reverse the decision of the Second Circuit panel, which included Supreme Court nominee Sonia Sotomayor. Also as expected, Justice Kennedy played the swing vote in giving cities a new defense in such cases. Kennedy wrote the majority opinion. The fear of litigation was not sufficient to justify the discrimination against white and Hispanic firefighters. Firefighters challenged a decision to throw out promotional exam results because no African-American firefighters were among the top scoring candidates for promotion — only white and Hispanic officers. Judge Sonia Sotomayor was on the panel that upheld the city’s decision in one of her most controversial decisions.
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Federal Court Rules Against Hustler Magazine in Use of Nude Photos of Deceased Wife of Wrester Chris Benoit

200px-BenoitInTheRing200px-Hustlercoverjune2008The United States Court of Appeals for the Eleventh Circuit has issued a major ruling on freedom of the press and privacy. The court ruled that Hustler did not have the right to publish nude photographs of Nancy Benoit, the wife of professional wrestler Chris Benoit. Chris Benoit killed his wife and his young son before taking his own life.

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Judge Samuel Kent Resigns to Avoid Senate Hearing

Judge Kent-thumb-100x140U.S. District Judge Samuel Kent has finally resigned after Congress expedited his impeachment and Senate trial. In a remarkably dim-witted act, Kent’s lawyer announced that they had calculated that Congress could not possibly complete an impeachment and start a trial for a year. Thus, he decided that he would resign in a year to continue to bilk the government for salary and benefits. The inevitable result was that an infuriated Congress expedited the process.
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Supreme Court Rules Strip Search of Middle School Student Illegal

225px-davidsouterIn a major victory for student right, the Supreme Court has ruled that the strip search of a 13-year-old middle school student was unconstitutional. The Court ruled 8-1 with only Justice Clarence Thomas voting with the school in the case. For an earlier column on the case, click here. However, the justices also voted to protect individual school officials from such lawsuits.
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Court Orders New Trial After Lawyer Allegedly Sleeps in Court, Reads Health Magazines During Testimony, and Gives “Laughable” Opening Argument

gavel2 Manhattan trial attorney Michael Harrison has been named as the unidentified lawyer that is the subject of an ineffective counsel ruling where the court found that counsel fell asleep during trial, read magazines during witness testimony and gave such a rambling, implausible opening argument that the jury laughed.
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White Supremacist Leader Arrested for Threatening Federal Judges

easterbrookposnerA white supremacist blogger, Hal Turner, 47, has been arrested for allegedly posting threatening messages about three federal judges in Chicago. Turner was upset with the decision to uphold a handgun ban in Chicago. The judges are Chief Judge Frank Easterbrook, Judge Richard Posner, and Judge William Bauer. Turner is the host of the Hal Turner Show.

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