Category: Constitutional Law

Academia, Constitutional Law, Courts

Turley To Speak To The Seventh Circuit Bar In Chicago

seal_of_the_united_states_court_of_appeals_for_the_seventh_circuit-svgToday I will have the honor of addressing the Seventh Circuit Bar Association and the Federal Bar Association in Chicago. I will be speaking at 2:30 pm on the Supreme Court’s history and current issues. I will be flying in this morning from Houston and look forward to seeing my home town. I will be in Chicago for the first two games of the National League Championship so I do not want any former classmates or childhood friends to hesitate to unload that extra ticket to Wrigley.

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Constitutional Law, Courts, Justice, Media, Politics

“My Own Words”: Ginsburg Holds Forth On Trump, Kaepernick and Other Subjects In Latest Public Commentary

225px-ruth_bader_ginsburg_scotus_photo_portraitI have long been a critic of the Supreme Court justices engaging in public appearances where they hold forth on contemporary issues and even pending matters before the Court. I have been particularly critical of the late Justice Antonin Scalia and Associated Justice Ruth Bader Ginsburg who clearly relished appearances before ideologically supportive groups. I have called this trend the “rise of the celebrity justice.” Recently, Justice Ginsburg started another firestorm over public comments where she joked that she would move to New Zealand if Donald Trump is elected. Ginsburg apologized for that latest public controversy, though I discussed in a column how the incident spoke to a much larger problem on the Court. While she express “regret” in that instance, it did not deter Ginsburg in continuing to speak publicly and hold forth on contemporary issues, though she did make a curious distinction on this occasion.

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Bizarre, Congress, Constitutional Law, Criminal law

House Committee: FBI Cut Side Deal To Limit Search Of Computers Of Key Clinton Aides And To Allow The Computers To Be Destroyed

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The FBI investigation into the Clinton email scandal seems to grow more questionable by the day.  As I discussed earlier, the five immunity deals handed out by the Justice Department were, in my view, largely unnecessary and undermined the development of any criminal case.  Now, House investigators have learned  that Justice Department officials, in addition to their immunity deals, cut a “side agreement” with Cheryl Mills and Heather Samuelson for agents to destroy their laptops after searching their hard drives for evidence.  With Congress seeking the information, the side deal clearly would obstruct that investigation and the details of the side agreement make little sense if the FBI were pursuing any and all evidence of criminal conduct.

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Constitutional Law, Courts, Criminal law, Free Speech, Lawyering, Politics, Society

Public Defender Refuses To Remove “Black Lives Matter” Pin Despite Judicial Order

black-lives-matter-button-225Deputy PD, Erika Ballou, has refused to comply with a judicial order to remove a Black Lives Matter pin from her blouse — a clear violation of court rules. As we recently discussed with regard to such pins, judges maintain basic rules of decorum and dress in their courtrooms, particularly in barring political symbols that may influence a jury or witnesses. What is astonishing is not just that Ballou defied the court but that Clark County Public Defender Phil Kohn was standing next to her and a dozen defense lawyers stood behind her in support.

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Bizarre, Constitutional Law, Politics, Society

Alleged New York Bomber and His Family Sued Police Over Alleged Profiling In 2011 [UPDATED]

3893144500000578-0-image-m-7_1474295175812There is a bizarre twist to the most recent bombing in New York and the wounding of alleged terrorist Ahmad Rahami. The Rahami family filed a federal lawsuit in April 2011 that claimed that they were being targeted solely due to discrimination against Muslims and profiled by the government. The 11 count lawsuit named the City of Elizabeth, the Elizabeth Police Department, six Elizabeth police officers, chief of police Ronald Simon and police director James Cosgrove. Given the real prejudices that Muslim families face today, there is reason to fear that the situation could become far worse. Donald Trump has called for profiling while Hillary Clinton has called for tougher Visa rules. Notably, a news report indicates that his father actually contacted police two years ago to say that he believed that his son was a terrorist.  Thus, the family appears to have rejected his extreme views — precisely the type of tip that the government has sought to generate by working closely with the Muslim community.

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Congress, Constitutional Law, Courts, Free Speech

Supreme Court Lifts Stay On Senate Enforcement Of Subpoena In Backpage.com

senate_large_sealYesterday, I testified about the subpoena power of Congress under Article I and briefly discussed the recent free speech challenge to the Senate subpoena issued against Backpage.com. I mentioned in the hearing that the district court had issued a sweeping reaffirmation of congressional subpoena authority, but that Chief Justice John Roberts had issued a stay. Now, the Supreme Court denied the appeal. The decision further strengthens the case of the House Science Committee.

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Academia, Congress, Constitutional Law, Courts, Criminal law, Environment, International, Media, Politics, Science, Society, Testimony

TURLEY TESTIFIES IN HOUSE SCIENCE COMMITTEE ON CLIMATE CHANGE CONTROVERSY

800px-Capitol_Building_Full_ViewI will testify this morning before the United States House of Representatives Committee on Science, Space, and Technology on the controversy over dueling state and federal investigations involving the climate change debate. After various state attorneys general announced investigations of Exxon Company over its opposition to climate change theories (including subpoenas either to or concerning conservation public interest groups), the Committee issued its own subpoenas to the prosecutors and environmental public interest groups involved in the campaign. That has triggered a confrontation as the prosecutors and environmental groups raised constitutional objections to the House subpoenas. The full committee hearing will start at 10 am in 2318 Rayburn House Office Building.

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Congress, Constitutional Law, Courts, Criminal law, Politics, Society

Former Clinton Aide Defies House Subpoena While Other Former Aides Invoke The Fifth Amendment Right To Remain Silent

logo-mainjason_chaffetz_official_portrait_111th_congressI recently discussed the questions raised over the Justice Department giving the two former aides to Hillary Clinton immunity — and thereby removing any serious threat of prosecution while seeking information on their superiors. As part of that discussion, I posed the question of whether these previously immunized witnesses would defy Congress. That confrontation appears to be brewing after the former State Department IT specialist who set up Hillary Clinton’s private server Bryan Pagliano simply ignored a subpoena to appear this week before the United States House Committee on Oversight and Government Reform. Ironically, I will be testifying this morning on the congressional authority to enforce subpoenas in the House of Representatives. House oversight committee Chairman Jason Chaffetz (right) will now have to decide whether to move to hold Pagliano and other defiant former Clinton aides in contempt for refusing to appear or respond to the Committee.

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Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics, Religion, Society, Supreme Court

BROWN FAMILY FILES APPEAL WITH SUPREME COURT IN SISTER WIVES CASE

Supreme CourtThis afternoon, the Brown family filed its appeal with the United States Supreme Court in the “Sister Wives” case. The case is Brown v. Buhman, No. 14-4117. As lead counsel for the Browns, I am joined on the petition by co-counsel Thomas Huff and we benefited from the input of our long-time co-counsel in Utah, Adam Alba. The petition asks the Court to resolve a longstanding conflict among the courts of appeals concerning the extent to which the government can strategically moot a constitutional challenge to a statute by announcing a new non-enforcement policy during the pendency of litigation. The petition is attached below.

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Bizarre, Constitutional Law, International, Media

Obama Administration Reportedly Bars Former British Ambassador From Entering Country To Honor National Security Whistleblower

220px-craig_murrayHe has no criminal record. He is an internationally followed author and human rights activists. He is also the former British British ambassador to Uzbekistan with 30 years of diplomatic experience. However, Craig Murray has reported that he was denied entry into the United States by the State Department when he was traveling to serve as Master of Ceremonies at an award ceremony honoring John Kiriakou, the CIA torture whistleblower.

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Constitutional Law, Criminal law, Free Speech, Media, Politics, Society

Planned Parenthood Law Criticized As Major Rollback on Free Speech and Press Freedoms

200px-Logo_plannedparenthoodCalifornia flagWe have often discussed how free speech is rapidly being curtailed on college campuses in the name of fighting intolerance and ill-defined “microaggressions.” California lawmakers are showing the same dismissive attitude in legislation that is a response to the recent scandal over secretly taped statements by Planned Parenthood officials. The videotapes by activists caused a national backlash against Planned Parenthood so liberal politicians are moving to stamp out future “gotcha” films by sharply curtailing free speech and press freedoms. Democratic state Sen. Hannah-Beth Jackson, Assemblyman Jimmy Gomez, and other Democrats dismissed vehement objections from the ACLU, civil liberties, and press freedom groups. I understand the objections to the videotape of Planned Parenthood and the alleged unfairness in editing. However, the solution is not to further criminalize this area of free speech and press freedoms.

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Academia, Constitutional Law, Free Speech, Politics, Society

Purdue Follows University of Chicago In Standing Ground In Favor Of Free Speech

Purdue_University_Seal.svgWe recently discussed the courageous stand of the University of Chicago against the growing speech codes and “safe spaces” in campuses around the country. Now, Purdue University has taken its own stand in favor of free speech in adopting “the Chicago principles.”

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Bizarre, Congress, Constitutional Law, Courts, Politics

New Mexico Attorney Sues Senate To Force Garland Vote

Merrick_GarlandSupreme Court nominee Merrick Garland is in the unenviable position of having everyone in Washington saying nice things about him. There are two occasions when that is common: a judicial nomination going no where and eulogy. For Garland, it may be both. The Senate Republicans have already said that Garland will not receive a hearing, let alone a vote, before the inauguration of the next president. For attorney Steven Michel, that is too long. Michel has filed an action in federal court demanding a judicial order to force the Senate to take up the Garland nomination. Despite my agreement that Garland should receive a vote, the lawsuit is meritless in my view. The Senate clearly has the authority to withhold consent by refusing a hearing or a vote to a nominee.

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Academia, Constitutional Law, Free Speech, Society

University of Chicago Warns Incoming Students That They Will Not Be Shielded From Opposing Views Or Given “Safe Spaces”

Unknown-2I have always been proud of my alma mater, The University of Chicago, and the education that I received in Hyde Park. However, that pride has been magnified this week with a letter sent to the class of 2020. As we have been discussing how various schools have eradicated free speech protections on campus in a national trend toward speech regulation. UChicago has decided to stand its ground and reaffirm its commitment to free speech on campus. The letter warns students that they will not shielded from views that upset them or given “safe spaces” on campus. In doing so, UChicago has recommitted itself to the very touchstone of education: the free and robust exchange of ideas.

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Bizarre, Constitutional Law, International, Religion, Society

Burkinis Are Not Nice: French Resort Latest To Ban Muslim Swimming Suit

Nice has added its famous beaches to the list of resort areas where the burkini is banned. Like the ban on the veil, it is hard to see how such bans are not openly discriminatory towards Muslims. I fail to understand the rationale for such a ban, particularly when many people now adopt full covering (especially for child) to protect against the damaging sun rays.

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