Category: Constitutional Law

Bizarre, Congress, Constitutional Law, Courts, Criminal law, Justice, Media, Politics, Society

Speaker Pelosi Declares That There is No Evidence of Any Crime by President Bush

After blocking any serious investigation or impeachment hearings on crimes committed by President Bush, Speaker Nancy Pelosi finally addressed the allegations of presidential crimes on that forum of deep intellectual and legal thought: the television show The View. She agreed to answer a question from Joy Behar, who will have to suffice as a substitute for Peter Rodino. In a perfectly bizarre moment, Pelosi stated that there is simply no evidence of any crime committed by the President despite the findings of the International Red Cross, various international groups, and a legion of constitutional experts. It seems that America has now had its impeachment hearing before the august body of Whoopi Goldberg, Barbara Walters, Joy Bahar, and Elisabeth Hasselbeck. If you feared that our democracy is de-evolving into a caricature of itself, just watch this video.

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Constitutional Law, Politics, Society

High Caliber Entertainment: Disney Loses Challenge to Florida Gun Law: Employees May Start to Bring Guns to the Magic Kingdom

A federal judge in Jacksonville, Florida has ruled against Disney in its effort to block employees from bringing guns to work under a new state law. However, U.S. District Judge Robert Hinkle did uphold the right of the company to bar customers from bringing guns. This means that Grumby can now pack a sidearm as the ultimate disgruntled employees arrives each morning for work.
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Constitutional Law, Politics, Society

McCain Proposes American Version of the Prime Minister Question Session

Sen. John McCain has proposed the adoption of an American version of the Prime Minister Question Session where he would appear before the Senate regularly for unscripted exchanges. I have long advocated such a tradition in the United States and it was the subject of a NPR story.

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Congress, Constitutional Law, Criminal law, Justice, Lawyering, Military, Society

The Bybee Memo: How to Torture and Avoid a Criminal Charge on Technicality

The Bush Administration has released torture memos that reveal the extent to which officials laid the groundwork for a criminal defense in its torture program. The 2002 memos instructed interrogators in a good-faith defense for any claim that they were committing federal crimes.

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Constitutional Law, Politics, Religion, Society

Federal Court Strikes Down Colorado Law Limiting College Scholarships to Exclude “Pervasively Sectarian” Schools

A very interesting decision has emerged out of the United States Court of Appeals for the Tenth Circuit. Former law school professor (and potential candidate for the Supreme Court) Michael W. McConnell wrote the opinion that the limitation to colleges other than those “pervasively sectarian” violates the Constitution as discrimination against certain religions.
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Bizarre, Constitutional Law, Environment, Justice, Society

Oklahoma Couple Arrested in Massive Bestiality Case

Oklahoma City may have the largest bestiality case in history — and without question the most disgusting. Diane Sue Whalen 54, and Donald Roy Seigfried, 55, are accused of training their dogs to have sex with Whalen and other women. Whalen was apparently busted by her own son who found 150 tapes of her performing sex acts with the dogs — including a mixed breed and labrador Lucky and Buddy and a blue heeler named Merlin owned by Seigfried. Seigfried allegedly filmed the events.

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Constitutional Law, Criminal law, Justice, Politics, Society

Obama Adviser Cass Sunstein Rejects Prosecution of “Non-Egregious” Bush Crimes

With many Democrats still fuming over the refusal of Democratic leaders like Speaker Nancy Pelosi to allow even impeachment hearings into detailed allegations of crimes by President Bush in office, close Obama adviser (and University of Chicago Law Professor) Cass Sunstein recently rejected the notion of prosecuting Bush officials for crimes such as torture and unlawful surveillance. After Sen. Obama’s unpopular vote on the FISA bill, it has triggered a blogger backlash — raising questions about the commitment of the Democrats to do anything other than taking office and reaping the benefits of power.

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Constitutional Law, Criminal law, Environment, Society

Federal Appeals Court Rules that Videos of Animal Cruelty are Protected Speech Under the First Amendment

In an important decision for both environmentalists and free speech advocates, the United States Court of Appeals for the Third Circuit has overturned the conviction of Robert J. Stevens of Virginia who was convicted of selling videos (including so-called “crush videos”) showing dogfighting and other acts of animal cruelty. Stevens, who not surprisingly lives in a place called of Pittsville, had been sentenced to three years in prison.

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Bizarre, Congress, Constitutional Law, Justice, Military

Ashcroft Defends Waterboarding — Congress Calmly Discusses the U.S. Torture Program

With the Democratic leadership continuing to block any impeachment effort or any serious effort to hold officials liable for the U.S. torture program, Congress was free to hold another bizarre hearing today to calmly discussed our use of torture. Even though current Attorney General continues to evade the question, former Attorney General acknowledged and defended water boarding.

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Bizarre, Constitutional Law, Politics, Society

Children Taken Away From Nazi Mother in Canada

In Winnipeg, a white nationalist mother thought it was fun to draw a swastika on the arm of her seven-year-old daughter. When a teacher rubbed off the mark, the mother drew it back on. The second time, the school reported the incident and child welfare officials took both the daughter and a two-year-old boy away from the mother. It is a case that raises very serious questions of free speech balanced against child welfare.
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Congress, Constitutional Law, Criminal law, Politics, Society

Rove Again Refuses to Testify Under Subpoena

In what is now an almost mocking level of contempt, Karl Rove has refused to appear before Congress despite a subpoena to do so. While claiming executive privilege, there is no justification for the failure to appear and to answer any questions on the firing of U.S. attorneys. The question is what will the Democratic Congress do beyond expressions of outrage. It is a question that I will discuss on the Dan Abrams show tonight.

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Academia, Bizarre, Constitutional Law, Society, Torts

Teacher Marie Jarry Sues School Over Howard Stern Bikini Controversy

Marie Jarry, the former second-grade teacher who resigned after making an appearance in a bikini on the “Howard Stern Show,” is suing Southington, Connecticut school officials as well as her union. She has good reason to complain about being fired for an appearance in a swimsuit on a television program on her own time. The increasing enforcement of after-hours codes of conduct by employers should be viewed as a cause of alarm for a society that prides itself on freedom of association and speech.

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Bizarre, Constitutional Law, Politics, Religion, Society

Jefferson Abridged: Bush Deletes Line from Jefferson Quote that Criticizes Religious Superstition

President Bush has been unsuccessful lately in abridging the Constitution with stinging loses in the last month before the Supreme Court and lower courts. He appears now to be attacking the problem at its source: the Founders. In a July 4th speech at Monticello, Bush cleaned up a famous quote by Jefferson by deleting a line that is viewed as critical of religious superstitions and ignorance. The video of the event and the original quote are below.

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Constitutional Law, Military, Politics, Society, Supreme Court

Study: Openly Gay and Lesbian Have No Significant Impact on Morale or Fighting Capability

A new study concludes that the “don’t ask, don’t tell” law does little in terms of actual military readiness and that openly gay soldiers would not significantly diminish morale or fighting capability in the U.S. military. If raised by reporters, the study could put pressure on Barack Obama, who is trying to move to the right in preparation for the general election. John McCain is expected to support the continuation of the current law.

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