In New York, Niagara County Court Judge Sara Sheldon Sperrazza has issued a controversial ruling that police can taser a suspect who refuses to voluntarily submit a DNA sample. In this case, Ryan S. Smith sought to suppress DNA evidence that linked him to two crimes because of the use of the force against him. When told of a court order to obtain a second sample for DNA testing, Smith reportedly stated “You are gonna have to Taser me if you want my DNA.” That apparently sounded like a pretty good idea to the officers in the room.
Continue reading “Defense Shocked: Court Rules Police Can Use Taser to Collect DNA Sample”
Category: Constitutional Law
It comes to all of us with age. As hairlines recede and waistlines expand, cosmetic surgery becomes more attractive. While this blog is just around 2 years old, in human-to-blog years that is almost middle aged. In the last few weeks, various regulars have suggested that the site needs work to handle the large number of visitors and entries. This is an attempt to see what you would like to do with the site. I view this site as belonging to all of the regulars and I would like to solicit your thoughts on changes that you would like to see from different cosmetic touches to different structure. This entry will also allow discussion of those things (not people) that you least like.
Continue reading “DOES TURLEY BLOG NEED A NIP AND TUCK?”
Among the material release this week by the White House is the disclosure that Judge Sonia Sotomayor belong to a private women’s-only group. The membership raises an interesting question given the controversies in the past over nominees who belong to men-only club. Should the standard be different for women or should exclusive club membership no longer be an issue in nominations?
Continue reading “Sotomayor Belongs to All-Female Club”
St. Louis Cardinals manager Tony La Russa is suing Twitter over an unauthorized page that used his name and gave the false impression that he was sending embarrassing messages. The litigation in Superior Court of California in San Francisco is only the latest of such lawsuits against such companies for failing to confirm and monitor such sites.
Continue reading “Twit Lit: Tony LaRussa Sues Over False Twitter Page”
Baptist Minister (and former second vice president of the Souther Baptist Convention) Wiley Drake reportedly said that he is offering an “imprecatory prayer” for the death of President Obama.
Continue reading “Baptist Minister Prays For Death of President Obama”
And then there were six. The New Hampshire legislature has voted to recognize same-sex marriage joining five other states with such recognition in a continuing and encouraging trend among the states. Gov. John Lynch signed the bill soon after it was passed by the legislature. The question now is whether religious conservatives will try to stop states from determining their own matrimonial laws by passing a federal constitutional amendment.
The Obama Administration succeeded yesterday in getting three dozen public interest lawsuits dismissed against telecommunication companies. President Obama voted for the bill that gave the companies immunity and sought to prevent a court from declaring the warrantless surveillance program illegal. U.S. District Court Judge Vaughn Walker also ordered investigations in Maine, New Jersey, Connecticut, Vermont and Missouri to be halted. However, he retained the issue of whether to sanction the Justice Department for its conduct in the case.
Continue reading “Federal Judge Tosses Out Unlawful Surveillance Cases”
The United States Court of Appeals for the Seventh Circuit has handed down a decision that could play a role in the Sotomayor confirmation process. In National Rifle Association v. Chicago, the Seventh Circuit upheld a Chicago ordinance banning handguns and automatic weapons within city limits. In so doing, it held that the individual right to bear arms is not a fundamental right applicable to the states. It is precisely the hypothetical that some of us discussed in the wake of the Supreme Court’s decision in District of Columbia v. Heller, which recognized an individual right to bear arms in the Second Amendment. It also supports the view of Judge Sonia Sotomayor, who has been criticized for two opinions (including one after the Heller decision) that rejected the right to bear arms as a fundamental right. Sotomayor received indirect support from two unlikely sources: conservative icons Frank Easterbrook and Richard Posner.
With hearings scheduled for House Judiciary Committee Task Force on Impeachment, U.S. District Judge Samuel B. Kent has decided to turn in this resignation to President Barack Obama. His lawyer Dick DeGuerin says that the hearings are now unnecessary and Judge Kent will not participate. However, his resignation will reportedly only be effective June 1, 2010.”
Continue reading “Judge Kent Resigns On Eve of Impeachment Hearing — Effective One Year From Now”
Former Vice President Dick Cheney said Monday that he supports same-sex unions and believes that the question should be left to the states — as opposed to a federal prohibition or constitutional amendment. Cheney, who has a lesbian daughter, insisted “I think, you know, freedom means freedom for everyone. I think people ought to be free to enter into any kind of union they wish, any kind of arrangement they wish.”
With the virtual absence of any objective review of Sonia Sotomayor’s opinions or positions by members of Congress, the Senate Judiciary Committee appears to be gearing up for another confirmation process with little substantive content. As noted previously with regard to the Roberts and Alito hearings, confirmation hearings have become little more than extended photo ops for Senators.
Continue reading “Senate Prepares for the Sotomayor Confirmation Hearings”
The United Nations has released a new report on human rights that has found the record of the United states to be “deplorable.” With the continuing refusal of the Obama Administration to investigate war crimes and to support the Bush policies in court, we have lost an opportunity to show the country has committed itself to change these policies and demand accountability for those who implemented them.
Continue reading “United Nations: U.S. Human Rights Record “Deplorable” — Including the Continuing Failure to Investigate Torture By the Obama Administration”
This week saw the demise of a landmark case in the area of constitutional criminal procedure: Michigan v. Jackson. In a 5-4 decision, the Supreme Court rolled back on the protection of defendants that guaranteed that they had the advice of counsel before speaking with police at critical stages of a prosecution. In Montejo v. Louisiana (07-1529), Justice Antonin Scalia said that the protection was not worth the loss of confessions and only caused confusion. The Obama Administration supported the rollback on protections for criminal defendants and argued for Michigan v. Jackson to be overturned.
Continue reading “Supreme Court Overturns Landmark Case Michigan v. Jackson — With The Support of the Obama Administration”
Italian Premier Silvio Berlusconi has previously threatened to crackdown on the media for reporting his regular gaffes and notorious conduct. Now, the media mogul is reportedly trying to block publication of pictures with young women after the media pursues allegations of affairs. His wife, Veronica Lario, sought a divorce due to Berlusconi’s, 72, alleged fondness for girls, including a particular 18-year-old Neapolitan Noemi Letizia.
Continue reading “Italian Premier Accused For Trying to Suppress Photos With Young Girls”
The debate over Judge Sonia Sotomayor continues to rage this week. What is remarkable is how much is being said and how little substance can be found in the coverage. One would think that the law of averages alone would guarantee that some substantive points would be hit, if only by accident. It is becoming increasingly clear that, once again, we will not have a substantive and civil review of the qualifications of a Supreme Court nominee. Neither conservatives nor liberals seem to want (or are willing to tolerate) objective discussion of Sotomayor’s qualifications or opinions. For what it is worth, I would like to discard some of the most often heard arguments in the vain hope that we might still achieve some level of reasonable discourse in this debate.
Continue reading “Confirming Nonsense: Both Liberals and Conservatives Distort Debate Over Sotomayor”