Category: Constitutional Law

Legal Defense Goes Up in Smoke: Harvard Professor Challenges Pot Laws Seeking Jury Nullification — and Loses

Harvard Law School professor Charles R. Nesson saw the arrest of Richard E. Cusick and R. Keith Stroup as an opportunity to challenge the Massachusetts ban on marijuana — insisting that the law did not even meet the minimal “rational basis” test and seeking jury nullification. Instead, his clients were not even given an evidentiary hearing, found guilty quickly by the jury, and sentenced to time served.
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California Supreme Court Takes Historic Lawsuit by Lesbian Against Fertility Clinic

The North Coast Women’s Care Medical Group treated Guadalupe Benitez, of Oceanside, with fertility drugs for roughly a year. However, when they learned that she was a lesbian, they refused on religious grounds to inseminate her. Now, just on the heels of its historic same-sex marriage ruling, the California Supreme Court has taken the case.
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No Hybrids Wanted: Ford Dealer Tells Non-Religious Citizens and Civil Libertarians to Get Lost

In Southern California, Kieffe and Sons do not want non-Christians and civil libertarians to drive Hondas — or at least anything other than their Fords. The dealership has added a standard package of prejudice to its car sales with the ad below denouncing those who oppose prayer in school and intermingling of church and state — full religious intolerance is standard with each car but specific sectarian hatred is optional with some models. Continue reading “No Hybrids Wanted: Ford Dealer Tells Non-Religious Citizens and Civil Libertarians to Get Lost”

Senior Pilots Prepare Constitutional Challenge

I have an interesting constitutional case developing before the United States Court of Appeals for the District of Columbia. Older pilots are challenging the Fair Treatment for Experienced Pilots Act, Pub. L. No. 110-135, 121 Stat. 1450 (2007). The legislation presents not only a raw example of age discrimination but a possible bill of attainder.
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House Judiciary Subpoenas Karl Rove

The House Judiciary Committee on Thursday served a subpoena on former top Bush aide Karl Rove in another showdown with the White House. He is being called to answer questions about the firing U.S. Attorneys and the politicization of the Justice Department. His lawyer had earlier indicated he would testify. The real question is the stomach of the House for taking real action in wake of the likely failure to appear. Continue reading “House Judiciary Subpoenas Karl Rove”

Texas Court of Appeals Rules with Polygamous Parents in Texas

Polygamous parents in Texas won a major ruling today from the Texas appellate court in the opinion below. As we have discussed on this blog, the trial court appears to have ruled down the line with the Texas government — requiring little in terms of individual suspicion against these parents. Now, the trial court will have to do a little more to ensure that justice is tailored to the cases before her and not simply declare all parents presumptively unfit until proven otherwise.

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Don’t Ask, Don’t Tell . . . But Do Explain: Court Reinstates Lawsuit by Lesbian Dismissed by Military

The Ninth Circuit has handed down an important decision on gay rights and the military. The three-judge panel did not strike down the “don’t ask, don’t tell” policy but it did reinstate the lawsuit of Major Margaret Witt, a decorated Air Force nurse. The ruling forces the government to prove that the policy advances an important government interest. Continue reading “Don’t Ask, Don’t Tell . . . But Do Explain: Court Reinstates Lawsuit by Lesbian Dismissed by Military”

Saudi Female Newscaster Takes on Religous Leader in Televised Debate

In a relatively rare exchange, a female newscaster in Saudi Arabia took on a religious leader who insisted that female newscasters should be entirely or most covered if they go on television. The 2006 debate on Memri TV is just now being circulated. Saudi newscaster Buthayna Nasser offers a very compelling retort to cleric Nasser Al-Huneini.
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Student Charged Criminally for Using the Word “Cult” to Describe Scientology During London Protests

One of the great divides between the United States and England is the scope and protection given to free speech, particularly when it comes to the media. Now, it appears that even a speech during a protest is regulated by the government. An unnamed teenager was charged criminally after he held up a sign reading “Scientology is not a religion, it is a dangerous cult.” Whether true or not, it is a view shared by many around the world. It also appears to be a crime to utter in England. Continue reading “Student Charged Criminally for Using the Word “Cult” to Describe Scientology During London Protests”

Now That Hagee is Reformed, How About Rev. Rod Parsley?

For many, the conversion of virulent anti-Catholic Rev. John Hagee to a new pro-Catholic lover of mankind was a bit forced and opportunistic, here. Nevertheless, the sudden reformation of the bigoted preacher de-fused a controversy for John McCain, who sought Hagee’s endorsement. Now, however, there is questions raised about another spiritual adviser and supporter to the campaign: Rev. Rod Parsley. Continue reading “Now That Hagee is Reformed, How About Rev. Rod Parsley?”

No Laughing Matter: Dutch Arrest Cartoonist for Insulting People

In another serious move against first speech, the Dutch have arrested a cartoonist for insulting before on the basis of their race and religion. It is a core free speech issue and, while the cartoonist known as Gregorius Nekschot may be obnoxious, it should be a matter of concern for those who believe in an open and robust environment for speech. As noted below, cartoonists appear a new obsession with governments. Continue reading “No Laughing Matter: Dutch Arrest Cartoonist for Insulting People”

Police Allegedly Raid Wrong Home, Tore Apart Apartment, Ripped Out Man’s Catheter, and Assault Innocent Man

Andrew Glover, 60, of New Britain, Connecticut is a bit unhappy with the local police. He alleges that he was sitting at home when the police broke into his apartment illegally, ripped out his catheter, tosses the apartment, and generally assaulted him. They had the wrong apartment in a search of child pornography. Continue reading “Police Allegedly Raid Wrong Home, Tore Apart Apartment, Ripped Out Man’s Catheter, and Assault Innocent Man”

California Supreme Court Overturns Gay Marriage Ban

The California Supreme Court has overturned a law banning same-sex marriages. It is a seismic decision that is likely to add the issue to the presidential campaigns and trigger additional state constitutional amendments — and perhaps a federal constitutional amendment. The opinion is below. Continue reading “California Supreme Court Overturns Gay Marriage Ban”