Category: Constitutional Law

Columns, Constitutional Law, Criminal law, Justice, Lawyering, Politics, Supreme Court

From The Brazen Bull to Lethal Injection: The Punishment Fits the Times

Nothing becomes politics quite like death. With a presidential election approaching and three important cases before the Supreme Court, the country is once again grappling with the death penalty. Politicians and citizens alike are debating how — and whether — we should kill those who kill others.

It is a debate with particular importance to Ralph Baze and Thomas Clyde Bowling Jr., death-row inmates who are challenging the constitutionality of lethal injection as a method of execution in Kentucky. The court is set to issue its first ruling in more than 100 years on the method of executions. Continue reading “From The Brazen Bull to Lethal Injection: The Punishment Fits the Times” →

Bizarre, Constitutional Law, Justice, Lawyering, Politics

Hate Speech or State Coercion?: Video of Ezra Levant Hearing Raises Serious Questions over Hate Speech Investigations in Canada

Ezra Levant is hardly a popular choice for many who defend free speech. He is considered by many as something of a right wingnut in Canada who publishes the controversial Western Standard. However, he has released a disturbing video of a hearing in which he was called to account for his publication of the Danish Mohammed cartoon that led to the violence around the world. The hearing before the Alberta Human Rights and Citizenship Commission should not sit well with civil libertarians who resist government controls or coercion of free speech. Watching these videos raises serious questions about the scope of these laws and whether they are intruding on protected areas of speech. Continue reading “Hate Speech or State Coercion?: Video of Ezra Levant Hearing Raises Serious Questions over Hate Speech Investigations in Canada” →

Bizarre, Constitutional Law, Justice, Lawyering, Politics, Supreme Court

Rosa Parks Part II: Israeli Women Fight Against Attacks and Segregation on Public Buses

Despite its strong secular traditions, Israel remains a nation with many laws and customs enforced to protect Jewish religious practices. Public buses have long been a danger zone for women who are targeted by ultra-orthodox Jews for wearing trousers or mixing with men. Women have been physically assaulted and are forced to sit in the back of the bus in religious areas. Now, the Israeli Supreme Court is faced with a filing by women who have refused to move to the back of the bus like Rosa Parks. Continue reading “Rosa Parks Part II: Israeli Women Fight Against Attacks and Segregation on Public Buses” →

Bizarre, Constitutional Law, Justice, Lawyering, Supreme Court

Faux TV Judge Goes to Real Court: Justices Express “Skepticism” Over Claims of “Judge Alex” in Supreme Court

“Judge Alex” may get good review on his TV faux court show, but he faced decidedly poor review before real justices on the Supreme Court. Alex Ferrer’s contract dispute with an artists’ manager, Arnold Preston, made it to the Supreme Court this week and most justices appeared to reject the TV judge’s claims in the contract dispute. Continue reading “Faux TV Judge Goes to Real Court: Justices Express “Skepticism” Over Claims of “Judge Alex” in Supreme Court” →

Constitutional Law, Criminal law, Justice, Lawyering, Politics, Supreme Court

Bush Administration Backs D.C. Gun Controls Before Supreme Court

In a surprising move, the Bush Administration has supported D.C. in the upcoming review of its gun control laws just as gun rights advocates thought they had finally achieved an upper hand on the long-unresolved constitutional question. Continue reading “Bush Administration Backs D.C. Gun Controls Before Supreme Court” →

Constitutional Law, Lawyering, Politics, Supreme Court

Court Orders Blogger to Stop Writing About A Pending Case and Children

In a very difficult and interesting first amendment case, a family court in Providence has ordered a blogger to stop writing about her own case on custodyscam.blogspot.com. Rev. Anne Grant — who heads the Parenting Project based at the Mathewson Street United Methodist Church in Providence — is challenging Family Court Judge John A. Mutter’s before the state supreme court on first speech grounds. Continue reading “Court Orders Blogger to Stop Writing About A Pending Case and Children” →

Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics, Uncategorized

Justice Department Argues in Court that CIA Did Not Have to Preserve Torture Tapes While It Continues to “Independently Investigate” That Very Crime

With little attention in the media, the Justice Department has filed papers in federal court arguing that the CIA did not have an obligation to preserve the infamous torture tapes and therefore was lawfully entitled to destroy them. The filing patently demonstrates the conflict of interest in Attorney General Michael Mukasey insisting that the Justice Department investigate the possible criminal conduct in the matter. Now, the Justice Department is not only investigating itself, but it is investigating a crime that it has rejected as baseless in court filings. The ACLU case has also shown that other officials were aware of the tapes, including the CIA Inspector General’s Office — which means that the agency “watchdogs” knew of a torture program – a clear criminal enterprise – and did nothing. Continue reading “Justice Department Argues in Court that CIA Did Not Have to Preserve Torture Tapes While It Continues to “Independently Investigate” That Very Crime” →

Congress, Constitutional Law, Criminal law, Lawyering, Politics, Testimony

Your Papers Please: The United States Adopts a National ID Card And Abandons Priniciples

With states and citizens objecting, the Congress and the Bush Administration have moved ahead to require a national identification card — abandoning decades of opposition to such a system on civil liberties grounds. I testified against this proposal when it was first made in the immediate aftermath of the 9-11 attacks. What is truly remarkable is that the REAL ID has become little more than an excuse to do something that the Bush Administration has been trying to do for years: create interlocking databases on citizens. Continue reading “Your Papers Please: The United States Adopts a National ID Card And Abandons Priniciples” →

Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics

National Identification Card Testimony

In November 2001, I testified against the national identification card proposal when it was first made in Congress.  Below is the oral testimony from that hearing before  the House Government Reform Committee, Financial Management and Intergovernmental Relations Subcommittee on Nov. 16, 2001: Continue reading “National Identification Card Testimony” →

Bizarre, Congress, Constitutional Law, Environment, Politics

Prohibitions on Horse Meat Industry Lead to Cruel Unintended Consequence

While politicians have been unable to reach consensus on the war, civil liberties, and the environment, members were eager to act on a national crisis a few years ago: French people eating American horses. Members passed legislation to ban the slaughter of American horses destined for French tables. However, it now appears that the legislation has merely led to horses being forced into a grueling transports to the Canadian and Mexican borders for slaughter. Continue reading “Prohibitions on Horse Meat Industry Lead to Cruel Unintended Consequence” →

Bizarre, Columns, Congress, Constitutional Law, Environment, Politics

Horsing Around in Congress: The Senate Seeks a Ban on the Slaughter of American Horses for Human Consumption

Given the recent controversy over horse slaughter houses in Mexico, this prior column on the intervention of Congress into the world of horse meat may be of interest. Continue reading “Horsing Around in Congress: The Senate Seeks a Ban on the Slaughter of American Horses for Human Consumption” →

Congress, Constitutional Law, Politics, Supreme Court

Federal Judges Suggest that Anti-Clinton Film is Political Advertising and Could Fall Under Disclaimer and Disclosure Rules

A three-judge panel on the D.C. Court of Appeals appear ready to declare a film on Hillary Clinton to be cleverly disguised campaign advertising, including Judge Royce Lamberth who started to call the arguments of the conservative film maker “ridiculous” in open court. The case, however, is an interesting one due to the lack of a clear test on how to determine if a film is an advertisement or a true film in a campaign year. The film, “Hillary: The Movie,” may have to comply with campaign advertising rules that would restrict its exposure in some media and even require a warning. Probably the worst penalty would be the need for the filmmakers to reveal the sources of their financial support — opening up the shadowy finances of such partisan efforts by both democratic and republicans groups. Continue reading “Federal Judges Suggest that Anti-Clinton Film is Political Advertising and Could Fall Under Disclaimer and Disclosure Rules” →

Bizarre, Constitutional Law, Justice, Supreme Court

Dykes on Bikes Ride! Supreme Court Refuses to Hear Trademark Case

That rumbling sound that you may have heard this week may be the Dykes on Bikes. The San Francisco motorcycle club got final approval for its trademark of the name “Dykes on Bikes” when the U.S. Supreme Court refused to hear a challenge from a men’s right advocate. Continue reading “Dykes on Bikes Ride! Supreme Court Refuses to Hear Trademark Case” →

Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics

Visions of Oliver North: Jose Rodriguez Demands Immunity as Condition for Congressional Immunity in CIA Torture Scandal

Jose Rodriguez, the man who ordered the destruction of the CIA torture tapes, has retained D.C. lawyer Robert Bennett and has demanded that he be given a grand of immunity by Congress before he testifies. It is a move that could practically cripple any prosecution, as shown by the Oliver North case. Continue reading “Visions of Oliver North: Jose Rodriguez Demands Immunity as Condition for Congressional Immunity in CIA Torture Scandal” →

Bizarre, Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics

Craig Challenges Conviction Claiming Hand Signals are Protected Speech and Conduct was Victimless

As discussed in prior entries, Senator Larry Craig is arguing that his guilty plea is invalid because the underlying conduct cannot be a crime. While the odds are against him, the argument has merit. Continue reading “Craig Challenges Conviction Claiming Hand Signals are Protected Speech and Conduct was Victimless” →