An astonishing thing happened yesterday, one of the houses of Congress actually stood on principle and refused to cave to the demands of the President to give telecom companies immunity or face imminent annihilation. The question is whether this is a true commitment or just political theater. Continue reading “House Defies Bush: Allows Surveillance Law Expire”
Category: Constitutional Law
The attorney for Brian McNamee, Richard Emery, started a firestorm over his suggestion that Roger Clemens could receive a pardon from President Bush if accused of lying about his alleged use of performance-enhancing drugs. It is possible for the president to grant such a pardon in anticipation of a criminal charge, though it would be an facial abuse of authority. Continue reading “Washington Buzzing About A Presidential Pardon for Roger Clemens”
It is doubtful that the Fifth Circuit timed the opinion to coincide with Valentine’s Day, but the court has issued a very interesting opinion striking down a Texas law prohibiting the promotion and sale of sex toys. It represents an extension of the precedent in Lawrence v. Texas, striking down a criminal prohibition on homosexual relations. Continue reading “Fifth Circuit Strikes Down Texas Prohibition on Promotion and Sale of Sex Toys”
House Judiciary Chairman John Conyers appears to have been able to break the hold on the still pending criminal contempt resolutions against White House chief of staff Joshua Bolten and former White House counsel Harriet Miers. A House vote could trigger another confrontation with Attorney General Michael Mukasey, who has indicated that he will refuse to prosecute the case — not long after telling Conyers that he will also refuse to investigate the crime of torture ordered by the President. Continue reading “Conyers Moves Contempt Matter Against Meirs and Bolton Toward House Floor”
Justice Antonin Scalia has long been criticized for his habit of discussing pending issues before the Court and abandoning a long tradition of restraint by justices in their public appearances. His most recent defense of torture in a BBC interview has caused yet another controversy over Scalia’s disturbing lack of self-restraint. Continue reading “Scalia Holds Forth on the Proper Use of Torture — As Experts Debate the Propriety of Such Public Statements”
Given the most recent public controversy involving statements made by Justice Scalia on torture, this prior column may be of some interest: Continue reading “Scalia and the Advent of the Celebrity Justice”
An investigation has begun into this disturbing video of a Florida deputy dumping a quadriplegic man out of his wheelchair while he is being booked on Jan. 29. Deputy Charlotte Marshall Jones is shown on the video as she cruelly tosses the man, Brian Sterner, 32, out of his wheelchair and on the floor. Continue reading “Video: Florida Deputy Shown Dumping Quadriplegic Man On to Floor”
The Senate voted today to defeat an amendment by Senator Dodd to strip the FISA bill of immunity for telecommunication companies. It was the latest in a series of perceived betrayals by Democratic voters of their leadership, which helped Sen. Jay Rockefeller guarantee immunity for the companies. Sen. Hillary Clinton did not even show up for the vote, one of the most important civil liberties votes of this Congress. Continue reading “Senate Votes to Give Immunity to Telecom Companies: Hillary Clinton Skips Vote”
It has been well-known that Speaker Nancy Pelosi has insisted that there will be no impeachment of President Bush during her term. Activists, however, have reported that John Conyers may be considering confronting Pelosi and starting such proceedings after a meeting in his office. They have started a campaign to show Conyers that he will have the support of the Democratic base, even if he lacks the support of Democratic leadership. Continue reading “Campaign Starts to Push John Conyers to Begin Impeachment Proceedings — Against the Wishes of Nancy Pelosi”
David Wise, a worker at a Firestone facility in North Carolina, will be forced to chose between his faith and his job under an important ruling from the Fourth Circuit Court of Appeals. A member of the the Living Church of God, Wise is required to take a greater number of days off than most employees and sued when he was terminated for these practices as violative of his religious rights. The Court ruled against him and held that Firestone could refuse to accommodate such religious practices. Continue reading “Word to the Wise: Fourth Circuit Rules that Firestone Employee Not Entitled to Extra Days Off Due to His Faith”
President Bush is trying to use his final eleven months in office to guarantee that someone — anyone — will be convicted in his controversial military commission tribunal system. After millions of dollars, international scorn, and years of litigation, the Administration wants to try six detainees in the system. Some are reportedly victims of torture. Having destroyed evidence of the torture, it appears that the subjects could also be terminated — the military indicated it will seek the death penalty and Bush himself is the ultimate appellate “decider.” Continue reading “A Tribunal in Search of a Purpose: Bush Seeks to Execute Six in Cuba in His Final Eleven Months”
Law Student Adam Key, 23, is learning the practical elements of a first amendment case from his school, Regent University — though not under the usual clinical conditions. He is suing the University after he claims it violated his right to free speech last November in suspending for posting an unflattering picture of Pat Robertson on the Internet. Ironically, his case was heard by a judge who knows something about suspensions and discipline. Judge Samuel Kent, who was disciplined for misconduct himself and has been suspended from hearing criminal cases. He is believed to still be under criminal investigation for sexual assault and other crimes — and could face impeachment with another Fifth Circuit judge (click here). Continue reading “Disciplined Law Student Appears Before Disciplined Judge in Case Against Regent University”
The Bush Administration has reversed its decision to deny a visa to Amy Winehouse due to allegations of drug abuse. However, the visa’s issuance will not result in her attending the Grammy Awards. The entire incident demonstrates the disturbing degree of discretion in the visa system, discretion that can lead to the arbitrary and capricious use of the laws governing entry into the United States. Continue reading “Administration Reverses Its Earlier Denial of Amy Winehouse’s Visa”
The last state has finally accepted what has been obvious to 49 other states: electrocution is cruel and unusual punishment. The Nebraska Supreme Court barred the use of the electric chair in the last state that still used it as its sole means of execution. Continue reading “The End of Electrocution in the United States?: Nebraska Supreme Court Bans Use of Electric Chair as a Method of Execution”
Michael and Marla Sklar, a Jewish couple, have led a long and lonely battle against the Internal Revenue Service (IRS) over what they allege is special treatment given to the Church of Scientology. The IRS has long stonewalled inquiries over the deal with Scientology. Still viewed as a cult and not a religion in some countries, Scientology itself litigated for years against the U.S. government over its tax status. At the heart of the case is the controversy over such Scientology practices such as auditing. This case has long been fascinating and could result in an important constitutional decision. Continue reading “Sklar – Scientology Case Enters Critical Stage Before Ninth Circuit”