Category: Constitutional Law

Happy Holidays!

images8Best wishes to everyone celebrating Christmas and Hanukkah. Our kids get to double dip on both holidays in a play to spread our bets between the two religions of the parents. We have just finished placing the last present under the tree in Chicago. We can now look forward to three hours of sleep before the C-Day invasion. As my gift to you, I have linked a truly inspirational holiday video: Jingle Bells played on microwave ovens below.
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Kissing Cousins: A New Question of Discrimination In the Wake of New Studies

9780252065408As states grapple with limitations on same sex marriage, polygamy, and other moral legislation controversies, scientists may have introduced another areas of potential challenge: the ban on first cousins. The premise for barring first cousins was always based on rather shaky science. Now, scientists are challenging any medical or public policy basis for the prohibition — raising constitutional questions of why consenting adults can be barred from such marriages.

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Not-So-Brigthon: City Makes It A Crime To Be Annoying

thumb_policeman_cartoonThere appears to be no lawyers living in Brighton, Michigan or within telephone range of the city council. The city elders have made it a crime for anyone to commit acts that “seriously annoy another person and that serve no legitimate purpose.” Putting aside the vagueness and overbreadth violations, there is the restriction on travel by Paris Hilton, Rosie O’Donnell, and the other annual recipients of the most annoying people.

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Pray to Play: Texas School Defies Supreme Court on Prayer at Games

St51766chool officials in Celina, Texas have not only decided to violate federal law but they have decided to flaunt their refusal to comply with constitutional rulings of the Supreme Court. The school continues to incorporate Christian prayers into its games. In a recent game, Celina coach Butch Ford said: “Our goal (against Liberty Hill) was to play with the joy of the Lord in our heart so we’d play excited all of the time, and we wouldn’t be down no matter what happened….” They might not be the only ones “excited all of the time” that they play.

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Planned Parenthood Suspends Two Staffers While Prosecutors Explore Possible Criminal Charges in Video Controversy

video cameraPlanned Parenthood of Indiana is reeling from the disclosure of an undercover video showing a counselor telling a woman posing as a 13-year-old girl that she doesn’t care about the age of the man who impregnated her — a violation of state law. The video below was shot by an anti-abortion group called Live Action.

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Brown Seeks to Overturn Proposition 8 as L

225px-mayor_of_oakland_jerry_brownIn a surprising reversal, California Attorney General Jerry Brown asked the California Supreme Court on Friday to overturn Proposition 8 on the grounds that it violates basic rights guaranteed in the state Constitution. Brown had said that he would be duty bound to support the initiative in the courts. Traditional marriage advocates are now moving to retroactively invalidate the marriages of same-sex couples married before Proposition 8 passed in a the new round of litigation. Continue reading “Brown Seeks to Overturn Proposition 8 as L”

Muslim and African Countries Push for Limiting Free Speech to Prevent Criticism of Religion

200px-flag_of_the_united_nationssvgAlgeria — that ray of light for civil liberties — is pushing its plan to take its own limitations on free speech global with a proposal to ban criticism of religion as a form of discrimination. The proposal before the United Nations is being supported by Muslim and African nations.

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Obama Nominates LaHood Despite Past Controversies in Congress

160px-ray_lahoodThis has been a strange and stressful weak for Obama supporters. Environmentalists are reeling over the selection of Sen. Salazar for Interior Secretary and liberals are denouncing the selection of Rev. Rick Warren for the inauguration prayer. In the meantime, Obama has assembled the most establishment cabinet of any recent president — picking the very same power figures who have run the government for years. However, nothing prepared Democrats for yesterday when Obama picked Rep. Ray LaHood, Republican of Illinois, to lead the Transportation department. I represented the democratic staffer on the House Intelligence Committee, Larry Hanauer, who was savagely and unjustly attacked by LaHood. LaHood’s attacks — found to be baseless — led to threats against Hanauer and his family.
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Court Rules Against National Security Letters and Provisions of the Patriot Act

gavel2In a victory for civil liberties, the United States Court of Appeals for the Second Circuit has struck down provisions of the Patriot Act that prevent people from disclosing that they have received national security letters.

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Supreme Court Rules Against Tobacco Companies in Light Cigarette Litigation

250px-zwei_zigarettenIn a major ruling, the Supreme Court has ruled that litigation against light cigarettes may continue in a 5-4 decision. The ruling is not just a victory for anti-smokers, but also states rights advocates and common law advocates. The opinion reinforces the right of states to allow such lawsuits, which are not preempted by federal law.

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A Hold on Holder: AG Nominee Hits a Snag in Senate

ericholderPresident-elect Barack Obama’s nominee for attorney general, Eric H. Holder Jr., was viewed as a shoe-in for confirmation. Now, however, the GOP is closing in on Holder’s alleged role in three controversial nominations and have asked to delay the hearings. In the meantime, a grand jury is now looking into a donor of Bill Richardson, who has been nominated for Commerce Secretary.

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Elvis Ministers But No Atheists Allowed: Las Vegas Refuses to Allow Atheists to Perform Weddings

300px-elvis_impersonators_recordIn Las Vegas, you can have an Elvis impersonator or a Liberace look alike marry you. You can have a shotgun wedding or a drive through divorce. However, if you want an atheist to marry you, you better get out of town. Sin City has not tolerance for atheists who want to help people tie the knot. That may be the subject of a new lawsuit on behalf of jilted wedding guy, Michael Jacobson, 64, who was refused a license for not being affiliated with a formal religious congregation.

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Sklars Lose Case Involving Scientology Tax Exemptions

488px-scientology_symbolsvg125px-star_of_davidsvgThe Sklar litigation relating to the Church of Scientology was delivered another blow by the Ninth Circuit. Marla and Michael Sklar have been waging a rather lonely battle for 15 years to claim tax deductions for a portion of the tuition they pay to Jewish schools attended by their children. They are relying on the fact that the Internal Revenue Service granted Scientologists deductions for 80% of fees they pay for auditing and training. The IRS decision was viewed as the government knuckling under after litigation from Scientology and has raised legitimate concerns over equal treatment.

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Free Speech Rights and Wrongs in Walla Walla: School Officials Crack Down on Inappropriate Bumper Stickers on Cars of Students

wahi_logoSchool officials continue to expand their oversight over non-school activities and speech of their students. Walla Walla Public Schools Superintendent Richard Carter and Walla Walla High School Principal Darcy Weisner have cracked down on a naughty bumper stickers by students. They suspended a student for an objectionable stick on her car. It appears, according to Walla Walla’s Weisner, that the “Blue Devils” have to be a bit more angelic in their exercise of free speech.

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Battle of the Billboards

imaginenoreligionbillboardThe atheist billboard reading “Imagine No Religion” has been taken down shortly after it was put up in Rancho Cucamonga, California. There were 90 complaints and the city demanded its removal and the General Outdoor company was more than willing to comply. Yet, the billboard on the right a few years ago seems perfectly acceptable in West Virginia. 6566308_70169157efjpg2

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