Category: Constitutional Law

Federal Appellate Court Rules in Favor of Santeria Priest in Home Sacrifices

goatvi3The United States Court of Appeals for the Fifth Circuit has ruled in favor of a Santeria priest — Jose Merced, 46 — who sacrificed goats in his Texas home in Euless. The court ruled that the prohibition on the ritual violated the Texas Religious Freedom Restoration Act (TRFRA).

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Chavez Shuts Down 34 “Bourgeoisie” Radio Stations

200px-Hugo_Chavez_in_Brazil-1861250px-The_PVRVenezuelan President Hugo Chavez continues his authoritarian crackdown in Venezuela with the closure of 34 radio stations for alleged violations of government regulations. Despite the reluctance of some liberals to denounce an obvious dictator in the making, Chavez continues to consolidate power and punish critics — particularly in attacks on the free press.
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Rove Admits Involvement in Firing of Federal Prosecutors and Bush’s Likely Involvment

170px-karl_roveKarl Rove spoke to congressional investigators last week and reportedly admitted that he did play a role in the hiring and firing of federal prosecutors, including at least one of the nine U.S. Attorneys at the heart of the scandal.

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Federal Judge Calls for Investigation of “The Civil Equivalent of the Ted Stevens Case”

sullivanThe World Bank/IMF protest case had a sanctions hearing yesterday that had found its way into the media. Because I am lead counsel (with Dan Schwartz) in one of the two cases (Chang) against the District of Columbia, Federal government, Fairfax County, and various police officers, I will not comment on the controversy.
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Obama Political Appointees Reportedly Overruled Career Justice Officials In Dropping Charges Against New Black Panther Party for Voter Intimidation

black20panthers20philadelphiaNbplogoAssociate Attorney General Thomas J. Perrelli overruled career lawyers at the Voting Section of the Civil Rights Division to drop a complaint against three members of the New Black Panther Party of intimidating voters in Philadelphia during November’s election — including one member Samir Shabazz who brandished a nightstick.
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Officer Admits That He Repeatedly Called Gates a “Jungle Monkey” But Insists That He Is Not A Racist

220px-Boston_Police_patchBoston Police Officer and National Guardsman Justin Barrett has gone public to deny he is a racist and apologize to professor Henry Louis Gates, Jr. for repeatedly calling Gates a “banana-eating jungle monkey,” insisting that “I have so many friends of every type of culture and race you can name. I am not a racist.”

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Video: Officer Tasers 72-Year-Old Great-Grandmother After a Dare

The Travis County Constable’s Office has released the dashcam video of the tasering of 72-year-old Kathryn Winkfein by Deputy Chris Bieze. We previously discussed this story but the video is highly disturbing in the decision to shoot the 4’11” great grandmother. Before he fires the weapon, Winkfein responds to Bieze’s threat to taser with an “I dare you.” He didn’t need a double dare.
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Former Journalist and United Nations Worker Faces Flogging in Sudan for Wearing Pants

300px-Fomfr_whipLubna Hussein, a former journalist and current United Nations worker, is facing 40 lashes for the crime of wearing pants in a public place — an act of unspeakable “indecency” under Sharia law in Sudan. She says that 10 other women arrested at a restaurant in Khartoum, including some non-Muslims, were already flogged.

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The One That Got Away: Florida Fish Shop Wins Case Against Clearwater

largemouthbasstax1The City of Clearwater, Florida has decided to throw one back. We have been following the story of bait shop owners Herb and Lori Quintero in Clearwater, Florida who challenged a fine for having a fish mural painted on the outside of their business — later covered up by a copy of the first amendment. The controversy was a combination of remarkably bad lawyering and judgment by the city. It has now concluded after two adverse rulings against the city and a $55,000 settlement paid to the Quinteros.
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Yoo Must Be Kidding: Professor Argues That Bush Could Negate Both The Fourth Amendment and The Posse Comitatus Act By Simply Declaring Deployment To Be A National Security Matter

180px-john-yooThe debate continues to rage this week over the push by Vice President Dick Cheney and others to have former President George Bush deploy active military units in a suburb of Buffalo to arrest a small group of men who were suspected of supporting terrorism (here). Nor surprising, Bush officials went to Berkeley law professor John Yoo to tell them that (surprise!) the President was not bound by the Fourth Amendment or federal law if he unilaterally declared the operation to be a national security matter. Yoo and his former colleague conclude that “the president has the legal and constitutional authority to use military force within the United States to respond to and combat future acts of terrorism, and that the Posse Comitatus Act does not bar deployment.” I discussed the controversy on this segment of Countdown.
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Official British Military Magazine “Soldier” Features Openly Gay Soldier on Cover Next to Headline “Pride”

blogimage_gaysoldier2.jpg_thumbs_600x852_thumbs_200x284The British army took a remarkable and commendable step this month by featuring Trooper James Wharton, an openly gay soldier. While U.S. military officers continue to fret over gays in the military and discharge decorated heroes for their private relations, the British has shown that tough guys can be gay guys.

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Report: Bush Considered Sending Troops Into Buffalo for Terror Sweep

225px-richard_cheney_2005_official_portrait180px-Cpt._J._Dow_Covey_and_Staff_Sgt._Justin_Evaristo_2nd_Infantry_Division,_IraqIn yet another indication of how extreme Bush officials were in their war on terrorism, the New York Times is reporting that Vice President Dick Cheney and others pushed former President George Bush to send troops into Buffalo New York to arrest a group of men accused of terrorism.
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Conyers Calls for Special Prosecutor on Alleged Bush Crimes

160px-john_conyersholderericThe chairman of the House Judiciary Committee today called for U.S. Attorney General Eric Holder to appoint a special counsel to probe potential abuses of power under the Bush administration. House Judiciary Chairman John Conyers (D-Mich.) has called upon U.S. Attorney General Eric Holder to appoint a special prosecutor to look into alleged Bush crimes. Holder has continued a rather transparent effort to block or curtail any investigation to prevent the prosecution of Bush officials for the torture and surveillance programs.

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If You Prick Us, Do We Not Bleed? New York Lawyer Prevails in Contesting Arrest for Foul Language

nicubunu_open_mouthIt took New York Attorney Joseph DePaula four years but he has finally prevailed in his false arrest claim after he was thrown into jail for calling an officer a “prick” in court in 2005.
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Report: Sgt. Crowley Considering Defamation Lawsuit in Gates Controversy

180px-Henry_Louis_Gates250px-al_sharpton_by_david_shankboneCambridge Police Sergeant James M. Crowley is considering a defamation lawsuit, according to his lawyer. The possibility of a lawsuit adds an intriguing element to this controversy over the arrest of Harvard Professor Henry Louis Gates Jr. The Massachusetts Police Commissioner Robert Hass has also come out to criticize the comments of President Barack Obama denouncing the actions of the police as “stupidity” and suggesting that it was a case of racial profiling.
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