Category: Constitutional Law

Constitutional Law, Politics, Supreme Court

Citizens United Ruling Brings on “Tsunami of Sewer Money”

Guest Blogger: Elaine Magliaro

In the subtitle of his Salon article “The Predictable Tsunami of Sewer Money,” Joe Conason asks the following: “Was the Supreme Court ruling in Citizens United naively mistaken–or cynically partisan?” Good question.

In January, Justice Anthony Kennedy wrote: “With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions. This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.”

Karl J. Sandstrom, a former FEC commissioner who provides advice to Democrats on election law has said: “The biggest change this year is that it is no longer possible to identify the individuals who are responsible for funding election communications.” Sandstrom believes that Justice Kennedy’s opinion was naïve and reflected a “very uninformed view of how disclosure works.”

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Constitutional Law, Courts, Justice, Military

Federal Appeals Court Blocks Order to End DADT Policy

On Monday, a panel of the 9th US Circuit Court of Appeals extended the freeze on an order by U. S. District Judge Virginia Phillips halting the enforcement of DADT.  The panel of judges was persuaded by the government’s argument that suddenly ending the prohibition on gays and lesbians serving openly in the military could have a deleterious effect. In their majority order, Judges Diarmuid F. O’Scannlain and Stephen S. Trott wrote the following:

– “The public interest in enduring orderly change of this magnitude in the military – if that is what is to happen – strongly militates in favor of a stay.”

– “Furthermore, if the administration is successful in persuading Congress to eliminate (the policy), this case and controversy will become moot.”

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Constitutional Law, Religion, Society

Federal Court Rules Against Catholic Litigants in Challenge of Resolution Condemning Vatican Adoption Policy

There is an interesting ruling out of the Ninth Circuit. The Court of Appeals in San Francisco ruled 8-3 against Catholic organizations that charged that former San Francisco Supervisor Tom Ammiano violated the First Amendment with a 2006 resolution condemning the Vatican for prohibiting Catholic Charities from placing adoptive children with lesbian and gay couples. The Church argued that the resolution violated the prohibitions on establishment of religion. The opinion, however, is remarkably fractured.

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Constitutional Law, Criminal law, International, Media, Politics, Religion

Wilders Trial Thrown Into Disarray After Judges Found To Be Biased

The trial of Dutch politician Geert Wilders for his anti-Islamic views has been thrown into disarray after his judges were found to be themselves biased — against Wilder. A verdict from the panel of three judges at the Amsterdam district court was due next week. A re-trial will be scheduled with new judges.
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Bizarre, Constitutional Law, Criminal law, International, Politics, Religion, Society

Viva Il Talibano: Italian Town To Pass Anti-Blasphemy Law and Ban Both Sunbathing and Miniskirts

Castellammare di Stabia appears eager to join the forces in the West cracking down on free speech and expression. The city is moving toward the passage of a blasphemy law — the subject of prior columns and blog entries on a trend against free speech in the West. The city is also planning to ban miniskirts, sunbathing, and playing football in public places. If nothing else, the move will finally give the Taliban a seaside vacation spot to get away from it all.

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Bizarre, Constitutional Law, Politics, Society

“You Say You Want a Revolution . . .” GOP Candidate Suggests Rebellion Is Option If Elections Fail To Achieve Changes

In Texas, Stephen Broden, a pastor and Republican congressional candidate, appears to have a back-up plan if he loses to Rep. Eddie Bernice Johnson in Dallas 30th Congressional District. Broden refused to rule out armed rebellion if the elections to do result in a suitable change in leadership.
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Bizarre, Constitutional Law, International, Politics, Society

Colgate Palmolive Accused of Patenting Ancient Indian Recipe For Toothpaste

We have previously discussed how some of us view the patent, trademark and copyright laws as running out of control in this country. Now, there is an interesting fight between the United States and India over a move by Colgate Palmolive to patent an ancient recipe for herbal toothpaste. The Indians say that the recipe has been used for hundreds, if not thousands, of years by Indians and would now be claimed as the property of the company.
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Bizarre, Constitutional Law, International, Politics, Religion, Society, Torts

Cafe Owner Ordered To Remove Extractor Fan As Offensive To Muslims Due To Smell Of Bacon

Councillors at Stockport Council in Greater Manchester have a rather broad notion of accommodating religious sensitivities. Acting under its authority of “residential amenity,” the Council has ordered a cafe to remove an extractor fan because the fan blows the smell of food outside, including the smell of bacon that offends Muslim neighbors.
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Congress, Constitutional Law, Courts, Politics, Society

Obama Administration Secures Stay to Continue to Bar Gays and Lesbians From Military Service

The Obama Administration has succeeded in securing a stay of a federal court’s injunction on the don’t ask, don’t tell policy. The Ninth Circuit agreed to the demand of the Administration that it should be able to continue to bar openly gay military personnel and continue to discharge those who reveal that they are gay. The policy is now again active pending review of the lower court decision.

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Bizarre, Constitutional Law, International, Media, Politics

Ugandan Newspaper Publishes Pictures of Homosexuals and Calls For Them To Be Hanged

The homophobia in Uganda has long been an international scandal. However, nothing prepared most of us for a front-page story in one of Uganda’s leading papers entitled “100 Pictures of Uganda’s Top Homos Leak.” Slapped next to the headline was a banner reading “Hang Them.”
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Congress, Constitutional Law, Courts, Military, Politics, Society

Obama Administration Loses Effort To Block Injunction of Don’t Ask Don’t Tell — Announces Appeal To Reverse Victory Over DADT

Just days after the Obama Adminstration announced that it would appeal a historic victory in favor of same-sex marriage in Massachusetts, the Administration is now appealing an equally historic victory over the Don’t Ask, Don’t Tell policy. U.S. District Judge Virginia Phillips refused demands by the Obama Administration that she rescind the national injunction against the policy. Now it has announced that, while it has had to suspend further discharges of gay personnel, it will appeal the decision to be able to resume such discharges.

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Bizarre, Congress, Constitutional Law, Media, Politics, Society

Bewitched: O’Donnell on the Constitution

Now this is my type of debate. An alleged “bearded Marxist” debating an alleged “former witch” about the 17th amendment. You can imagine me wolfing down popcorn in feverish excitement while watching the debate of Delaware Republican Senate Candidate Christine O’Donnell and Democratic opponent Chris Coons.

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Bizarre, Constitutional Law, Courts, Criminal law, International, Lawyering, Politics, Religion

English Prosecutors Raise Sharia Law in Murder Trial of Saudi Prince

The trial of Saudi prince Saud Abdulaziz bin Nasser al Saud for the murder of a servant in London took an interesting turn when the prosecution noted to the jury that, putting aside the murder allegation, Saud, 34, would have faced execution in the Kingdom for being gay. Saud allegedly murdered Bandar Abdulaziz, 32, (left) after repeated sexual assaults.
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Constitutional Law, International, Politics, Religion

Oh Pickles: Scientology Could Face Loss of Tax Exemptions in England

English communities secretary, Eric Pickles, has proposed that the government may want to withdraw tax breaks for the Church of Scientology — noting controversies over the Church’s activities and alluding to the general view in England that it is more of a cult than a religion.
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