Category: Constitutional Law

Church Bars Father From Taking Daughter to Easter Mass

We previously followed the dispute between Joseph Reyes and his ex-wife over the religious upbringing of their daughter, here. The judge in the case has now barred Joseph Reyes from bringing his daughter to Easter mass in a ruling that raises some troubling questions under the first amendment and parental rights.
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In Loco Parentis: School Arranges for Teenager’s Abortion During School Hours Without Notifying Parents

Ballard High School in Seattle, Washington has triggered a dispute over parental rights when it arranged for an abortion of a teenage girl during school hours without notifying her parents. While the parents signed a consent form to allow her to use the clinic, they never agreed that such trips to the nurse would include an abortion.
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Court Rules School Violated Lesbian’s Constitutional Rights in Canceling Prom But Declines To Order Relief

U.S. District Judge Glen H. Davidson has ruled that Itawamba Agricultural High School did violate the constitutional rights of Constance McMillen, 18, in canceling her class prom when she asked to attend with her girlfriend while wearing a tuxedo. However, the court declined to order that the school must hold the prom.
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Pro-Life and Camera Shy: Obama To Sign Ban On Federal Funding of Abortion

After holding a large public ceremony for the signing of the health care bill, President Barack Obama is barring cameras when he signs the executive order needed to secure the votes for the narrow passage: a ban on federal funding of abortion.

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Secret Service Warns Public That They Would Confiscate Any Cameras Used to Take Pictures of First Family

This story on the First Lady taking the kids to a Broadway show in New York has an interesting element: a warning by the Secret Service that anyone taking their picture would have their cameras confiscated. Perhaps the Secret Service General Counsel could point us to where in the Constitution and federal law the Secret Service has the authority to ban photographs by the public and the confiscation of cellphones and pictures to enforce the ban.

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General Sheehan: Srebrenica Massacre Due in Part To Gays In Dutch Military

Dutch officials have expressed outrage at the statements by retired U.S. General John J. Sheehan blaming the Srebrenica massacre on the presence of gay soldiers in their Army. The former NATO Commander testified that he was told that the presence of the gay soldiers was a significant contributor to the troops being captured without a serious fight.
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Deem, Pass, and Sue: Lawsuits Prepared To Challenge Deem and Pass

Various conservative scholars and legislators are lining up to file suit if the health bill passes on a “self-executing” rule. As I stated earlier, I believe the tactic violates the principles of good government but not the Constitution. However, this could be an interesting challenge and could raise a couple of novel questions. I will be discussing this issue on tonight’s Countdown.

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Obama Threatens to Veto Intelligence Oversight Reforms — House Passes Watered Down Version With Few Reforms

The Obama Administration has succeeded in watering down any reform of the intelligence oversight system — fighting to retain the same powers based on the same rationales as the Bush Administration.

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Pride in His Work: Rove Publicly Rejoices in the Use of Torture

With President Barack Obama and Attorney General Eric Holder blocked any investigation or prosecution of those responsible for the torture program, Bush officials like Vice President Dick Cheney have been publicly celebrating the use of torture. Now, Karl Rove says that he is “proud” that the administration used torture “that broke the will of these terrorists.”

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Mississippi High School Cancels Prom When Lesbian Asks To Bring Her Girlfriend

Constance McMillen, an 18-year-old Mississippi lesbian student, asked officials at Constance McMillen, an 18-year-old Mississippi lesbian student, asked officials at Itawamba County Agricultural High School in Fulton if she could attend her class prom with her girlfriend and wear a tuxedo. The response of the school was to cancel the entire prom to avoid her attending as a lesbian.
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Singer Faces Two Years in Prison For Tearing Up Bible and Insulting Catholic Church

We have been following the crackdown on free speech in the West and particularly the alarming trend toward Western blasphemy prosecution, here. Now, in Poland, one of the lead signers and guitarists in the heavy metal band Behemoth has been criminally charged with insulting Roman Catholics for tearing up a Bible on stage and calling the Catholic Church “the most murderous cult on the
planet.” For a video, see below.

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Stolen Valor is Offensive, But Is It A Crime?

We have been following a number of “stolen valor” cases recently on this blog. The crime of falsely claiming medals and military service is all the rage. Even journalists have been implicated as with Darrow “Duke” Tully, publisher of Arizona Republic and close associate to Sen. John McCain. Tully resigned as publisher after it was learned that he did not fly 100 combat missions over Vietnam, crash a fighter in Korea, or receive the Purple Heart, Distinguished Flying Cross and the Vietnam Cross of Gallantry. Indeed, he never served at all. Below is today’s column on the subject (which was the subject of this segment of NPR’s Talk of the Nation.
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Virginia Is For [Straight] Lovers: Virginia Attorney General Orders Colleges and Universities To Lift Ban on Discrimination Against Gays and Lesbians

Virginia Attorney General Ken Cuccinelli II has not wasted time carrying out his conservative social agenda. He has sent a letter to the state’s public colleges and universities to rescind policies that ban discrimination on the basis of sexual orientation — advising them that they have no authority to ban such discrimination.
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We Apologize But Have No Regrets: Danish Newspaper Reaches Agreement With Muslim Groups Over Mohammed Cartoons

Danish daily Politiken has issued a perfectly bizarre apology for reproducing the controversial cartoons of the Prophet Mohammed in 2008. The newspaper reached an agreement with eight Muslim organizations to apologize without expressing regret.
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