Category: Constitutional Law

Constitutional Law, Politics, Society

“A Bridge Too Far”: Gov. Brewer Vetoes Birther Bill

In a surprise move for many critics, Arizona Gov. Jan Brewer vetoed the bill that would have required President Barack Obama and other presidential candidates to prove they were born in the United States before their names could have been placed on the state ballot. We previously discussed the bill and the serious constitutional questions that it raised. A former Secretary of State, Brewer objected to one state imposing such conditions on candidates.

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Constitutional Law, Supreme Court

Griswold v. Connecticut (1965)

-Submitted by David Drumm (Nal), Guest Blogger

Estelle Griswold

Considering the recent and ongoing opposition of many Republicans to contraception, a review of this landmark 7-2 Supreme Court decision was conceived. The case involved a Connecticut law that prohibited the use of contraceptives by married couples. The Appellants were Estelle Griswold, Executive Director of the Planned Parenthood League of Connecticut, and C. Lee Buxton, a licensed physician and professor at the Yale Medical School, who served as Medical Director for the League at its Center in New Haven.

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Constitutional Law, Courts, Criminal law

“Do You Mind if I Search You/Your Car?”

-Submitted by David Drumm (Nal), Guest Blogger

Judge Khouzam

This is a question frequently asked by police officers to use the consent exception to the requirement to obtain a warrant. Note the difference compared with “Can I search you/your car?” A “yes” answer has exactly the opposite meaning depending upon which question was asked. Police officers are well aware of this fact.

In the case of J.W.E. v. State of Florida, this question, and its answer, were critical.

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Constitutional Law, Politics

Arizona Bill Would Require Proof of U.S. Birth For Presidential Candidates

Arizona legislators are again wading into national politics. With the controversial immigration bill moving toward the Supreme Court, House has passed a bill that would require all presidential candidates to prove they were born in the U.S. by producing their birth certificates. It is a bill that this clearly crafted to exclude the current documents produced to show the birth of President Barack Obama. I am currently scheduled to discuss this legislation with Lawrence O’Donnell tonight
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Constitutional Law, Criminal law, International, Military, Politics, Society

United Nations Officials Denounces Obama Administration For Denying Access to Bradley Manning

A senior United Nations official is condemning a country’s refusal to allow the UN to speak to an alleged whistleblower being abused by the government. The same government recently fired a high-ranking official who denounced the treatment of the whistleblower and has openly defied international treaties requiring the prosecution of officials responsible for a torture program. Syria? Iran? China? Of course not. It is the United States of America and the administration of Barack Obama.

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Constitutional Law, Criminal law, International, Politics, Religion, Society

Blasphemy Prosecution: Wilders Trial Resumes Over Limits On Free Speech

The hate speech trial of Dutch politician Geert Wilders has resumed today amid some serious questions over the impartiality of the judge who overruled the prosecutors and a trial judge who had decided to drop the case. I have long been a critic of these blasphemy prosecutions, particularly in the West. However, these concerns are even greater in light of the actions of appeals judge Tom Schalken.

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Constitutional Law, Courts, Lawyering, Politics

Former O’Connor Criticized for Political Activities While Continuing To Sit As Judge

Retired Supreme Court Justice Sandra Day O’Connor is under fire for continuing her political advocacy while she continues to hear cases in U.S. appellate courts. In a prior column, I criticized the increasingly public and political profiles of current justices. O’Connor was viewed as a justice who, while on the court, maintained a “base” and an active speaking schedule. Various critics have now noted with good-faith concern that O’Connor is lending her name to political causes while sitting as a federal judge.
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Constitutional Law, Criminal law, Supreme Court, Torts

CONNICK V. THOMPSON AND PROSECUTORIAL IMPUNITY

Submitted by Mike Appleton, Guest Blogger

John Thompson spent 18 years in prison, 14 of them on death row, following convictions for attempted armed robbery and murder in separate incidents. A scant month before the scheduled execution, an investigator hired by Thompson’s lawyers made a startling discovery in the crime lab archives: a lab report which completely exonerated Thompson on the attempted robbery charge. Continue reading “CONNICK V. THOMPSON AND PROSECUTORIAL IMPUNITY” →

Constitutional Law, Criminal law, Politics, Society, Supreme Court

Fifth Circuit Rules Against Lawyer and Client in Public Criticism of An Indictment and Its Motivations

The United States Court of Appeals for the Fifth Circuit has handed down a ruling against both a client and his lawyer for the violation of a gag order. The ruling against Don Hill, the former Dallas official, and his lawyer, Ray Jackson, could have implications for lawyers defending their clients in public against alleged governmental misconduct. Hill was given 30 days on top of the 18-year prison sentence in 2009 for corruption and Jackson was given a $5,000 fine levied by the trial court as well as a 120-day suspension from any client appointments in the Northern District of Texas

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Constitutional Law, Criminal law, Politics, Society

Mississippi Polling: Roughly Half of Polled Republicans in Mississippi Believe Interracial Marriage Should Be Illegal

A poll released this week shows that 46% percent of Mississippi Republicans believe that interracial marriage should be illegal. That staggering number is accompanied by only 40% who believe that adults should be free to marry who they want. This poll just happens to come out on the anniversary of the argument in Loving v. Virginia, 388 U.S. 1 (1967), where the Supreme Court in a 9-0 vote struck down Virginia’s anti-miscegenation statute.
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Constitutional Law, Politics, Society

Idaho Passes Strict Anti-Abortion Measure After Sponsor Invokes “Hand of God”

The Idaho House just passed a sweeping anti-abortion bill that grants no exceptions for rape, incest, severe fetal abnormality or the mental or psychological health of the mother. As if to avoid any question of the religious basis for the measure, the sponsor state Rep. Brent Crane, R-Nampa, explained to the House that this was God’s will.

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Bizarre, Constitutional Law, Criminal law, Lawyering

Michigan Lawyer Found To Have Rendered Ineffective Counsel After Allegedly Expressing Happiness Over Client’s Conviction

There is an extraordinary ruling in Michigan where the Michigan Court of Appeals has found the defense attorney Susan Prentice-Sao rendered ineffective counsel to Jeffrey Gioglio, who was convicted of second-degree criminal sexual conduct. To her credit, prosecutor Christine Bourgeois raised concerns over the case after Pretice-Sao allegedly told her that she considered Gioglio guilty, held back on her defense, and expressed happiness with the verdict (stating “He’s toast” to the prosecutor).

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

Who Was The FBI Mole At ABC?

There is an alarming report the FBI had a senior ABC news journalist as a confidential informant in the 1990s — a report who was actually given a confidential source designation with other snitches. The reporter appears to have passed along confidential information to the FBI including the identification of a confidential source. The reporter is identified only as informant number NY290000-SI-DT and the description as “a senior official employed by ABC News for over 15 years.”
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Bizarre, Congress, Constitutional Law, Media, Military, Politics

Graham: “Free speech is a great idea, but we’re in a war.”

Sen. Lindsey Graham appeared to confirm this week one of the greatest fears for civil libertarians in the aftermath of the burning of the Qu’ran (Koran) by Rev. Terry Jones. With Muslims murdering innocent people as a protest to the book burning, Senator Graham has called for Congress to go hold people accountable for such acts. The message is clear and predictable: if someone’s exercise of free speech has caused problems, limit the free speech.
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Constitutional Law, Courts, International, Justice, Lawyering, Society, Uncategorized

Adoption Nightmare for Guatemalan Mother

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

A couple of months ago, my daughter recommended that I take a look at an adoption case that was just ruled on by the Missouri Supreme Court.  I did not have a chance to look at in-depth until recently and it is both interesting and heart wrenching.  It involves a Guatemalan immigrant mother whose baby was born in the United States while she was in the country illegally and the baby was adopted while the mother was in prison.  Thankfully, the Missouri Supreme court ordered a new adoption hearing which could still be another hurdle for the biological mother, but she now has a chance at regaining custody of her son.  Missouri Supreme Court Continue reading “Adoption Nightmare for Guatemalan Mother” →