With the unanimous vote of the bipartisan Minnesota Board of Canvassers against his demand for the counting of rejected ballots, Al Franken (D) is suggesting that he may ask the Senate (with a democratic majority) to simply order the counting of the ballots and hand him the victory over incumbent Sen. Norm Coleman (R-Minn.). It is the nuclear option in the Constitution and rarely used for obvious reasons.
Continue reading “Nuclear Option: Franken Lawyer Suggests He May Invoke Senate Option to Trump State Board”
Category: Constitutional Law
Congratulations to everyone who regularly posts at this blog. Our blog has made the top 100 legal blogs in the annual survey by the ABA Journal. [OK, there is no trophy but I figured we needed something] The Journal is now taking votes on various categories from professor/legal theory blog (including this blog) and various other categories like crime and technology. This blog is in the top ten for professor/legal theory blogs and you can vote on the ranking by click vote now here.
Continue reading “Turley Blog Makes Top 100: Vote Now For Your Favorite Blogs”
I predict palm readers will soon appear in Livingston Parish, Louisiana. Alright, I had a little help from a federal court in New Orleans. A court has ruled that the parish prohibition on soothsaying, fortune telling, palm reading, clairvoyance, crystal ball gazing, mind reading, card reading “and the like” is unconstitutional. Now, the parish government has voted to rescind the law and allow the tarot cards to fall. Other cities are following suit in addressing these prohibitions.
California’s Fair Political Practices Commission (FPPC) has officially opened an investigation in the role of the Church of Latter Day Saints in financing and failing to report nonmonetary contributions to support Proposition 8 — the successful resolution that barred same-sex marriage. The investigation was requested Californians Against Hate.
Miami-Dade Circuit Judge Cindy Lederman has struck down Florida’s ban on the adoption of children by gay people. She found that the law was unconstitutional given the absence of any legal or scientific reason that sexual orientation should be the basis for such a prohibition.
Continue reading “Florida Court Strikes Down State Ban on Gay Adoptive Parents”
Meleanie Hain is not a soccer Mom to be trifled with in Harrisburg, Pennsylvania. Other parents were a bit perturbed when she showed up to guns wearing a holstered pistol to watch her 5-year-old play. She successfully filed Second Amendment challenge after her concealed-weapons permit was revoked by the sheriff.
Continue reading “Soccer Mom Successfully Sues to Carry Gun to School Games”
The symbolism is perfectly exquisite. President George Bush, who has given out fewer pardons than any modern president, felt that he could not leave office without releasing Leslie Owen Collier of Charleston, Mo., who pleaded guilty in 1995 to unlawfully killing three bald eagles in southeast Missouri. Bush is generally viewed as the most hostile president to environmental protections in modern times. His pardons seemed to reflect that profile with another pardon going to a hazardous waste violator who was given a mere probation sentence. I will be discussing the Bush pardons with Rachel Maddow tonight.
Continue reading “Bush Pardons Man Who Killed Three Bald Eagles”
In what may be the first acoustic Eighth Amendment violation for cruel and unusual punishment, Fort Lupton Municipal Judge Paul Sacco has sentenced noise violators to listen to music that they do not like. I can barely stand hearing I Write the Songs once a year in an elevator. I often claw at the door to get out a floor early. On the serious side, it is the latest in a dangerous trend of novel punishments where judges appear to have sport with citizens pulled before them.
Continue reading “I Write the Sentence: Judge Sentences Noise Violators to Listen to Barry Manilow”
The Chinese regime is perfectly happy with sex, guns, and rock ‘n roll. However, it has banned the latest Guns N’ Roses album for one word that is strictly forbidden for Chinese consumers to contemplate, let alone dance to: democracy. The Chinese have banned the new album, “Chinese Democracy” for its offensive content. Here is your Zen for the morning: if a billion Chinese dance to Chinese Democracy, but do not officially hear it– does it make a sound?
Continue reading “New Chinese Music Standard: All Beat and No Lyrics”
The Supreme Court has refused to grant review of the strange case of Jarek Molski, an advocate for the disabled who has been barred from filing any more lawsuits after bring over 400 complaints under the Americans With Disabilities Act (ADA).
A French appeals court has reinstated the marriage of a Muslim man who sought an annulment because his bride lied about being a virgin. A lower court granted the annulment but the appellate court has declared that they are still unhappily married.
Continue reading “French Court Rules That Muslim Man Cannot Divorce Wife For Faking Virginity”
Recently, there has been a steady and worrisome trend of stories in Western countries restricting free speech in the name of tolerance of religion, sexual orientation and other values. Now, United Nations General Assembly President Miguel d’Escoto Brockmann has called for a world ban on anyone defaming any religion. A suspended Nicaraguan priest, D’Escoto is little concerned about the devastating blow to free speech and free press in such a rule — dangers already realized in various countries where speaking against a religion has resulted in criminal penalties and even death. In making this outrageous call, D’Escoto has given critics of international legal systems a great boost — showing the dangers of such rules in restricting cherished constitutional rights.
There was more speculation this weekend that Guantanamo Bay would be closed under President Barack Obama. However, there are also reports that some of this closest legal advisers are balking at the notion of serious investigations of abuses and torture under President Bush — a position previously voiced by close Obama adviser Professor Cass Sunstein during the campaign. I will be discussing the issue tonight on Countdown.
A curious demand was made of the Supreme Court last week in Pleasant Grove City v. Summum, where the Court is considering a seven Aphorisms monument in a city park where a 10 Commandments monument already stands. Robert Ritter, president of the Jefferson Madison Center for Religious Liberty, asked the Court to postpone the scheduled oral arguments “until such time as the Court publicly discloses … that a literal translation of the Hebrew on the tablet that Moses is holding on the Court’s South Wall Frieze is opposite of the Ten Commandments….” The Court appears to have ignored the demand.
An interesting case has been filed in Seattle where four students have sued over the disclosure of details of their sex lives in the student newspaper. Many of us are often criticizing schools for censorship of articles and punishment of free speech. This case represents the flip side of such stories, charging that the school should have exercised greater supervision of the Emerald Ridge High School newspaper, the JagWire, to prevent the invasion of their privacy and exposure to severe sexual harassment, humiliation and embarrassment.