Category: Constitutional Law

Lesbian Couple Loses Effort to Divorce in Rhode Island

A lesbian couple has been denied the right to divorce in Rhode Island — seeking to dissolve a license from Massachusetts.  While some could claim that anti-gay marriage advocates are now preserving such a union, the Rhode Island Supreme Court has ruled that there is no marriage to dissolve since in that state only men and women can marry.    Continue reading “Lesbian Couple Loses Effort to Divorce in Rhode Island”

Court of Appeals Rejects Necessity and Innocence Defenses to Unlawful Possession of Ammunition

The Eighth Circuit Court of Appeals has handed down an interesting decision that rejects a defense of innocent possession of ammunition by a felon.  James Baker of Wichita claims that he was in possession of a speed loader with bullets because he found it on the ground outside of a party and was in the process of turning it in.   Continue reading “Court of Appeals Rejects Necessity and Innocence Defenses to Unlawful Possession of Ammunition”

Democrats Admit Knowledge of the CIA’s Plan to Destroy Tapes

Two leading Democrats, Jane Harman and  Jay Rockefeller admitted that they knew that the CIA intended to destroy the tapes of interrogations of a leading al-Qaida figure, but never knew for sure that the destruction was carried out.  The startling news raises serious questions of acts of malfeasance by the Bush Administration and nonfeasance by Democratic members. Continue reading “Democrats Admit Knowledge of the CIA’s Plan to Destroy Tapes”

U.S. Held on to Teenager at Guantanamo for Years After U.S. Concluded that He Was Innocent

As the Supreme Court deliberates on the most recent Guantanamo Bay cases and whether detainees can be denied of access to a real court, the Washington Post is reporting that American officials held a teenager for years despite their knowledge that he was innocent. Indeed, only months area the U.S. seized Murat Kurnaz in Pakistan, it concluded that he was not guilty.  However, he sat for four more years in Cuba. Continue reading “U.S. Held on to Teenager at Guantanamo for Years After U.S. Concluded that He Was Innocent”

California Parents Suing Police for Release of Decapitated Daughter Found on Internet and MySpace

There is an extremely interesting case developing in California over the release of graphic photos ofNicole “Nikki” Catsouras, 18, who was decapitated in a two-car crash on a toll road near Lake Forest, California.  Continue reading “California Parents Suing Police for Release of Decapitated Daughter Found on Internet and MySpace”

New York Residents Demand Equality in Christmas Tree to Menorah Ratio

The season for fights over holiday displays on government property has begun. In addition to the usual constitutional problems of separating church and state, there are more practical problems like the one in Long Beach, New York: avoiding a race to build the biggest or brightest symbol for one faith. Continue reading “New York Residents Demand Equality in Christmas Tree to Menorah Ratio”

Senate Judiciary Vote on Criminal Contempt for Rove and Others Set for This Week

Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) has put a criminal contempt vote on the schedule for Thursday in a move that could ultimately call for the prosecution of  White House Chief of Staff Joshua Bolten, former White House political director Sara M. Taylor, former White House Deputy Chief of Staff Karl Rove and White House Deputy Political Director J. Scott Jennings in their failure to appear or turn over material on the U.S. attorney firings. Continue reading “Senate Judiciary Vote on Criminal Contempt for Rove and Others Set for This Week”

Supreme Court Hears Important Product Liability Case

The Bush Administration has switched the government’s position on an important product liability question in a case that could have profound effects for all Americans.  At issue in Riegel v. Medtronic Inc., No. 06-179, is whether citizens are preempted or barred from suing a company for a product that was approved for sale by the Food and Drug Administration. Continue reading “Supreme Court Hears Important Product Liability Case”

Michael Savage Sues Muslim Group and Attacks Islam

Talk show host Michael Savage has filed a copyright infringement lawsuit against the Council on American-Islamic Relations in an action that threatens journalistis and bloggers and advocacy groups that use material from broadcast and radio programs. The filing seems calculated more to allow Savage to defame an organization than to seek real legal relief. Continue reading “Michael Savage Sues Muslim Group and Attacks Islam”

Talk Show Host Michael Savage Sues Muslim Advocacy Group CAIR for Copyright Infringement

Talk show host Michael Savage has filed a copyright infringement lawsuit against the Council on American-Islamic Relations in an action that threatens journalistis and bloggers and advocacy groups that use material from broadcast and radio programs.   Continue reading “Talk Show Host Michael Savage Sues Muslim Advocacy Group CAIR for Copyright Infringement”