Category: Constitutional Law

I’ll Huff and I’ll Puff . . . : Democrats Block Burris From Entering Senate

burrisIn one of the most dramatic moments in Senate history, the Democrats refused to let Roland Burris enter the Senate chamber today. Democrats do not want to recognize an appointment from Illinois Gov. Rod Blagojevich, who is accused of trying to sell the seat to replace President-elect Barack Obama. Burris attempted to be sworn in on the first day of the 111th Congress, but was told by the Secretary of the Senate that his credentials “were not in order.”
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The Right to Be Profane: South Dakota Supreme Court Upholds Right to Swear At Police

nicubunu_open_mouthMarcus J. Suhn was not happy about bars closing at 2 a.m. on Sept. 2, 2007. So, when a cruiser passed by in Brookings, South Dakota, he screamed “f—ing cop” and let loose with a stream of profanities at the police. He was arrested for his potty mouth, but the South Dakota Supreme Court has now declared such language to be protected speech under the First Amendment.

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TURLEY BLOG WINS TOP SPOT IN ABA JOURNAL SURVEY

eurocuptrophy80mm2008Well, the results are in and weeks of defamatory attacks on our opposing bloggers and the unrestrained use of the politics of personal destruction have paid off: the Turley blog was voted the Number One law professor blog and legal theory blog in the annual survey of the American Bar Association’s survey. Earlier, it was selected as one of the top 100 legal blogs overall. That is not bad for a blog that is only roughly a year old and it is entirely due to our regulars at the cyber bar we called the Turley blog. Your overindulgence, obsessive compulsiveness, and general lack of restraint have made us what we are today, a group of dysfunctional miscreants. But we are now the Number One dysfunctional miscreants in our category. Well done Team Turley (if I may be so bold). Not to overplay the victory, but this is the first key step to total blogosphere domination and eventual control of the time space continuum.

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Cruz Control: Past Case Haunts Burris Appointment

burriscruz_rWhile I believe that the efforts in Illinois and Washington to block the Burris appointment are flagrant abuses of power, there is a legitimate reason to decry the choice. It is not due to the presumptively guilty man who appointed him but the clearly innocent man he wanted to kill: Rolando Cruz.
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AirTran Grounds the Irfans: Muslim Family Removed From Plane For Discussing Air Safety

250px-airtran_airways_logosvgFor those who believe we are becoming a nation of cringing morons, AirTran has supplied a wonderful case in point. A family was boarding a flight to Orlando, Florida and discussing where is the safest place to sit on a plane. It is a fairly common topic on planes but this family was Muslim and the passengers became alarmed. The family of Atif Irfan was removed from the plane and, even after the FBI cleared them and told the airline that the airline should let them fly, AirTran refused to rebook them. So much for the airline motto: “Go. There’s Nothing Stopping You.” Expect possibly your religion.

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HAPPY NEW YEAR!!!

0060-0610-2512-5632Happy New Year to everyone on the Turley blog. This has been an extraordinary first year of the blog which is approaching two million hits annually. The success of the blog is due largely to our regulars who continue to make this one of the smartest and most fun blogs on the web. Even with the invasion by trolls and a few uncivil moments, the blog has remained a special forum for intelligent, civil, and often witty discourse. Our impressive monthly growth (and the obvious irritation of trolls) is a testament to the fact that there remains many people who want to engage in such dialogue. 2008 was our first full year in operation and I am very grateful for the contributions of all of the regulars on this blog.

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Burris Goes to Court to Force Certification of Appointment to Senate

burrisRoland Burris has filed to ask a court to compel Illinois Secretary of State Jesse White to certify his appointment by Illinois Gov. Rod Blagojevich to the United States Senate. White has refused to sign off on the appointment and the Senate democrats appear to be moving to block Burris.
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Man Found Guilty in Videotaping of Girlfriend

video cameraMark Jahnke, a former Waunakee High School chemistry teacher, has been found guilty of an interesting offense: videotaping his girlfriend. Jahnke argued that his girlfriend had no expectation of privacy since she consensually exposed herself to him. Two judges disagreed on the Wisconsin appellate court.
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Putting Down Stakes: Catholic High School Fires Teacher for Marrying Divorced Man

85px-coat_of_arms_of_the_vatican_citysvgMarquis LaFortune, 25, has filed a complaint with the U.S. Equal Employment Opportunity Commission after she was fired as a teacher with the Central Catholic High School in San Antonio for marrying Benjamin Stakes — a divorced man. The Catholic church forbids such marriages and had warned her that she would have to chose between teaching and love. This raises some very interesting questions of free exercise under the First Amendment.

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Iseman Cometh: Lobbyist Sues New York Times Over Story on Alleged Affair with John McCain

originalNow this is a defamation lawsuit that will be fascinating to watch unfold in Richmond, Virginia. Vicki L. Iseman, a Washington lobbyist alleged to have had an affair with Sen. John McCain in 1999, has sued the New York Times for $27 million. The newspaper stands by the story and this could produce a substantial ruling on the limits of defamation.
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Balgojevich Makes Senate Pick, But Will Burris Take the Oath?

225px-rwbphotoIllinois Gov. Rod Blagojevich has defied his critics and selected Roland Burris to replace Barack Obama. There is now speculation that the Secretary of State will not certify the appointment or that the Senate will use its inherent powers to block Burris. I just finished an interview with CBS stating that I believe both efforts would be an abuse of power. As the sitting governor of Illinois, Blagojevich is entitled to make this appointment.

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Putting the Christ Back Into Christmas: Ohio Mayor Causes Outcry Over Sectarian Sign

kczuberMayor Karl Zuber of Avon Lake, Ohio appears not to have gotten the memo on the separation of church and state a bit late. Zuber had a sign put up in front of the city hall reading “Remember Christ is in Christmas.” He then received a series of calls from the city attorney, city council members, and an advocacy group asking him to remember the separation of church and state is in the Constitution.

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Federal Court in Louisiana Rules In Favor of Gay Adoptive Fathers

flag-rainbow1In New Orleans, a gay couple from California has won an important victory after U.S. District Judge Jay Zainey ruled that their adopted son’s Louisiana birth certificate must bear both of their names as the adoptive fathers. Oren Adar and Mickey Ray Smith of San Diego will be jointly listed under a full faith and credit ruling that could signal a major advance for gay couples and parents.

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Self-Fulfilling Legal Prophesies: Bush Defenders Attempt to Use Entrapment by Estoppel To Fend Off Criminal Prosecution

torture -abu ghraibMy recent interview on Legal Times on prosecuting Bush Administration officials for crimes committed in the torture program and unlawful surveillance program has attracted the ire of some conservative law faculty. My colleague Orin Kerr has raised this question on the conservative legal website Volokh Conspiracy. It is not without a good faith basis for such academic debate but, in my view, it should not be a barrier to prosecution.

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The Turley Blog Leads in Vote on Best Law Professor and Legal Theory Blogs

thumb_election_ballot_box_2The voting continues on the top blogs. The Turley blog was selected as one of the 100 top legal blogs by the good people at the ABA Journal. It currently holds the number one spot for law professor and legal theory blogs. The tally shows the Turley blog with 387 votes with Mirror of Justice with 234 votes. The voting ends on January 2nd. You have done well Turley bloggers.
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