Majority Leader Harry Reid has alleged that the Bush White House has offered to effectively trade off 84 nominees to the executive and judicial branches if the Senate confirms Steven Bradbury for head of the Office of Legal Counsel. It is another example of a made man in the Bush White House, who must be confirmed at any cost. Continue reading “Bush Reportedly Puts 84 Nominees at Risk for the Single Confirmation of Bradbury”
Category: Constitutional Law
If the Supreme Court “know[s] pornography when [it] sees it.” how about politics? That may be the question with a case seeking review of an appellate decision to treat a documentary entitled “Hillary: The Movie” as akin to a campaign commercial. The movie, the work of David N. Bossie, is an attack on Clinton as well as campaign finance laws. It presents a compelling first amendment challenge to the law and its requirement that the producers disclose their list of donors. Continue reading “Supreme Court to Consider Review of “Hillary: The Movie””
Attorney General Michael Mukasey has performed the central task for which he was chosen by the President and leading congressional leaders — he is refusing to allow a criminal investigation into water-boarding. It was a decision that seemed inevitable after Democrats like Chuck Schumer and Diane Feinstein saved his confirmation. Continue reading “Mukasey Refuses to Allow Criminal Investigation on Torture — Democrats and Republican Leaders Silently Cheer”
The Ninth Circuit has handed down a very interesting decision in a case of a police officer fired because he and his wife ran a private porn site in his free time. In January of 2002, the Chandler Police Department
discovered that Officer Ronald Dible was running the site, featuring his wife , Megan Dible, who performed various sex acts with various partners and objects. It was too much for the town and he was fired. It is a case that raises some difficult constitutional questions and the decision could cut deeply into first amendment rights. Continue reading “Court of Appeals Upholds Termination of Police Officer Over Private Porn Site”
Many opposed the selection of China as the host for the next Olympics due to its rampant pollution and repression of freedom. China has proven far worse on both fronts. As part of a crackdown on anyone voicing dissent, China has now convicted and sentenced journalist Lu Gengsong “inciting subversion of state power.” His crime was to detail some of the well-known corruption of government officials on the Internet. Continue reading “Let the Games Begin: China Prepares for Olympics by Convicting Journalist for Writing About Government Corruption”
In a surprising development with significance to the on-going debate over polygamy in the United States, the British government has decided that polygamist citizens are entitled public welfare despite the fact the polygamy is illegal in Britain. Continue reading “England Approves Benefits for Polygamists”
A recent study has cast serious questions over the influence of campaign contributions on the members of the Louisiana Supreme Court. The study by my former Tulane Law School colleague, Vernon Palmer, and Loyola assistant professor of economics John Levendis finds a disturbing correlation between contributions and voting on the Court. It is only the latest allegation rocking one of our state supreme courts this year. [Update: Tulane has issued an apology for some errors in this study] Continue reading “Rent-a-Justice: Louisiana Supreme Court Faces Allegations of Favoritism for Contributors”
The Second Circuit has rejected the appeal of homeowners contesting the right of New York to taken their homes under eminent domain authority to give to private developers. It is a repeat of the controversial use of eminent domain in Connecticut in the Kelo case — where the Supreme Court narrowly uphold the use of the power and rejected constitutional challenges. For those of us who believe that Kelo was wrongly decided, this case could test the matter before a newly reconstituted court. Continue reading “Kelo Redux: Second Circuit Upholds Use of Eminent Domain to Seize New York Homes for Private Development”
U.S. Sen. Jim DeMint, R-S.C., has called for Congress to strip the City of Berkeley, Calif., of federal funds because he does not agree with a slight to the Marine Corp. The Berkeley City Council voted this week to tell the U.S. Marine Corps to move its recruiting station outside the city’s downtown. What is astonishing is that DeMint has long defended federalism (as I do). There is no greater nightmare for states rights than the federal government taking in more taxes than it needs — only to give the money back to the states with strings attached. Thus, under this approach, states and cities will be denied money unless they conform their political judgments to the will of the Senate. It is a good thing that George Mason is safely six-feet under ground. Continue reading “So Much For Federalism: Republican Senator Asks Congress to Strip Berkeley of Federal Funds in Retaliation for Slight to Marines”
In light of today’s debate over Congress and its shaky federalism principles, this prior column on the marriage amendment may be of interest. Continue reading “The American Gothic Amendment: Federalism and the Same-Sex Marriage Debate”
In light of the DeMint bill to strip Berkeley of its federal funding, this earlier column on the hypocrisy in Congress over federalism may be of interest: Continue reading “Medical Marijuana, Federalism and the Forbidden Fruit of the Constitution”
Perhaps the most basic requirement of a judge (beyond remaining full clothed during deliberations) is not to pronounced guilt until after the trial. It is a rule that Superior Court Judge Hilton Fuller allegedly forgot by telling a reporter that Brian Nichols, accused of killing four people in a 2005 shooting spree that began at the Fulton County Courthouse, was clearly guilty. While denying the comment, Fuller has removed himself from the case. Continue reading “Judging 101: Refrain From Pronouncing Guilt Before End of Trial”
Maryland Delegate Nicholaus Kipke and Sen. Bryan Simonaire are pushing for passage of the Fallen Soldier Privacy Act of 2008 to criminalize the the commercial use of a deceased soldier’s name or image. It is a controversy triggered by tee-shirts produced by anti-war activist Dan R. Frazier of Flagstaff, Ariz., whose online business Carryabigsticker.com sells anti-war shirts and other items that use soldiers’ names. The law is, in my view, unconstitutional and could lead to an interesting court fight if Congress follows suit with its own legislation. Continue reading “Maryland Considering Criminalizing Use of Soldiers Names and Images in Protest Tee-Shirts or Material for Sale”
As expected, Attorney General Michael Mukasey has informed Congress that he will refuse to answer the long-standing question on waterboarding in this week’s hearing. The decision is a further indictment of the decision of democratic leadership to allow Mukasey to be confirmed despite his unwillingness to acknowledge that waterboarding has long been defined as torture and constitutes a crime if ordered by the President. Continue reading “Mukasey Refuses to Answer Question on Waterboarding in Congress”
The National Journal caught an interesting slip from John Negroponte, former director of national intelligence , who uttered The-Torture-Technique-That-Shall-Not-Be-Named”: waterboarding. While Attorney General Mukasey continues to say that he is still thinking about waterboarding months after his seemingly false testimony before Congress, Negroponte admitted in an interview that indeed it was used — but encourages people not to look back at such small things as a torture program. Continue reading “Negroponte Admits that Waterboarding Was Used By Bush Administration”