There is growing speculation that President Bush will issue pardons for the unlawful domestic surveillance program and torture program in his waning days in office. Such a pardon would be welcomed not only by his allies but some Democrats who have previously blocked any serious investigation into alleged crimes by the Administration. The pressure for pardons may be increasing with some in the Democratic ranks are publicly talking about serious investigations. I discussed this with Rachel Maddow.
Continue reading “Will President Bush Issue a Blanket Pardon?”
Category: Constitutional Law
On the heels of a major political defeat in California with the passage of Proposition 8, Connecticut Judge Johnathan Silbert has handed the movement a victory in kind: declaring same-sex or “gay marriage” legal in the state. Couples are reportedly rushing to the courthouse to take advantage of the ruling. This makes Connecticut the only other state (with Massachusetts) to recognize same-sex marriage.
Continue reading “Connecticut Court Declares Same Sex Marriage Legal”
With President Bush accelerating last minute executive orders that would bind an Obama Administration, the transition team has already begun zeroing in on executive orders and signing statements that President Obama should make a priority to eliminate. I discussed the problem on Countdown.
In what could be an extremely important constitutional case, Laura Schubert (now Laura Schubert Pearson) has filed a petition for certiorari with the United States Supreme Court in Pleasant Glade Assembly of God v. Schubert. Schubert lawsuit alleging false imprisonment and assault by the pastor and the church was dismissed by the Texas Supreme Court, which held (6 to 3) that any trial would unconstitutionally entangle the court in church matters.
A Florida Appellate court has struck down an unconstitutional state law in Florida that made it unlawful to wear military uniforms if you are not in the military. The court ruled that the law violated the first amendment.
The Juneau Board of Education has agreed to a settlement in the “Bong Hits 4 Jesus” case that led to a Supreme Court decision in its favor. Under the settlement, former Juneau-Douglas High School student Joseph Frederick will receive a $45,000 payment.
Continue reading “Alaska School System Settles “Bong Hits 4 Jesus” Case”
Arkansas voters decided yesterday that it was better to have children remain unadopted than to place them with gay parents. In the meantime, Michigan voted to allow medical marijuana use while Massachusetts decriminalized marijuana use and ban dog racing.
While the votes are still being counted, the landslide for Barack Obama did not put a few candidates (like Al Franken in Minnesota) or causes like California’s Proposition 8 over the top. With 63 per cent of the state’s voting district results in, the measure was leading by 52.4 to 47.6 per cent. As of Wednesday at 10:15 am, CBS was still calling the outcome uncertain, however.
Continue reading “California’s Proposition 8 Appears to Have Passed in a Bad Night for Same-Sex Couples”
In an example of judges overcoming personal and public outrage to rule dispassionately on the law, the Eighth Circuit Court of Appeals has ruled that Missouri officials should be barred from enforcing a law that bars protests at or near funerals. The law is highly suspect on constitutional grounds and the court found that there was sufficient likelihood that Westboro would prevail in the action.
Continue reading “Westboro Baptist Church Wins Stay of Law Barring Protests of Military Funerals”
Thank God the elections are finally heading to the courts — and legal commentators.
Sen. Norm Coleman (R-Minn.) has sued Democratic opponent Al Franken for defamation over Franken’s television ads claiming that Coleman is the fourth most corrupt senator in Washington. This would actually make for an interesting case.
Continue reading “Sen. Norm Coleman Sues Al Franken for Defamation”
Elections are rarely fun for constitutional law scholars to watch. Both Democrats and Republicans mutilate the Constitution to fit into neat political pitches and soundbites. However, Gov. Sarah Palin has reached a new low with her interpretation of the first amendment as threatened by criticism of her views in the media. Palinprudence is to Jurisprudence but Palintology is to Paleontology. Just as Palin believes man walked with dinosaurs, she appears to believe that free speech demands that people allow her to speak without contradiction.
Continue reading “Palinprudence: My First Amendment Rights are Threatened by Criticism”
Below is today’s column in Roll Call where I discuss the Stevens conviction and the dismal state of the Alaskan delegation. The voters in Alaska will have a increasingly difficult time claiming to espouse “small town values” and “law and order politics” when they routinely reelect corrupt politicians.
France has recently seem a rollback in free speech rights, but there remains enough in the country to defeat the ridiculous attempt by President Nicolas Sarkozy’s to stop sales of a “voodoo doll” in his image.
Continue reading “Sarkozy Loses Parody Case in French Court Over Voodoo Dolls”
Steven Parker, 42, has received a new trial by unanimous vote after his 2006 conviction for child sexual assault on a 11-year-old child was thrown out due to the placement of a screen around him at trial so his alleged victim could not see him.
Continue reading “Nebraska Supreme Overturns Child Assault Conviction”
In a very interesting decision (with implications for same-sex marriage), a Louisiana court has held that the state must recognize a foreign marriage between cousins despite the fact that such a marriage would be null and void in the statem The 1st Circuit Appeals court ruled that there is no strong public policy that would bar such a recognition. The case involved a divorce case where the East Baton Rouge Parish Family Court judge declined jurisdiction.
Continue reading “Louisiana Court Recognizes Marriage Between Couisins as Valid”