Category: Courts

Obama Administration Refuses To Defend The Defense of Marriage Act (DOMA)

For two years, some of us have been criticizing President Obama for his Administration’s opposition to same-sex marriage and the Don’t Ask Don’t Tell policy in federal courts. The Justice Department has now announced that it has decided to reverse its position and refuse to further defend the Defense of Marriage Act (DOMA).

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Delaware Supreme Court Overturns Ruling That Movie Announcement to Turn Off Cellphones Was Racist

There is an interesting case out of Delaware where the Supreme Court overturned a decision by the state Human Relations Commission that the manager of a Dover cinema, David Stewart, was racist for asking people in a largely black movie audience to turn off their cellphones and refrain from talking during the movie. What is most interesting is the individual who appears to have helped organize the complaint to the Human Relations Commission. The decision also overturned the $80,000 fine against the Carmike 14 Theater. The case is Boggerty v. Stewart, 2011 Del. LEXIS 108 (Feb. 17, 2011)
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Judge Disallows Padilla Torture Suit Because He Was Tortured?

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

You may have missed this story in the corporate media.   It is an issue that is near and dear to my heart.  It seems that a Federal Judge has dismissed a case brought by Jose Padilla and others against Donald Rumsfeld and other Bush administration officials, for a very interesting reason.  Continue reading “Judge Disallows Padilla Torture Suit Because He Was Tortured?”

Jury Tampering and the First Amendment

Mike Appleton (guest blogger)

A Florida circuit judge has issued  an administrative order virtually certain to result in a court battle pitting the right of free speech against the duty of courts to protect the integrity of jury deliberations.  The order prohibits “the dissemination of all leaflets and other materials to summoned jurors, as well as approaching a summoned juror for the purpose of displaying a sign to, or engaging in oral protest, education or counseling with information tending to influence summoned jurors on any matter, question, cause, or proceeding which may be pending, or which may be brought, before him or her as such juror… .”

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Ethics and The Supreme Court

Submitted By Lawrence Rafferty, (rafflaw) Guest Blogger

 

Professor Turley has recently discussed the ethical problems raised by Supreme Court Justices Scalia and Thomas by their attendance and participation in fund raisers for conservative groups.  In addition, Justice Thomas’ wife has also come under criticism for working for a lobbying group that benefitted from the Citizen United decision.  With all of the potential conflicts of interest that these Supreme Court Justices are involved in, it looks like someone is finally attempting to rein in the Justices and make them subject to the Judicial Conference’s Code of Conduct which all other Federal Judges have to adhere to. Continue reading “Ethics and The Supreme Court”

Dallas Commissioner Tells Complaining Citizens “All You Are White. Go To Hell”

The Dallas County Commissioner’s Court meeting this week became the scene of a racially charged incident after citizens confronted Commissioner John Wiley Price. Price, who is black, responded by telling the citizens “All of you are white. Go to hell!”

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Teacher Suspended For Writing Critical Comments on Her Personal Blog

After just posting the story of a tenth-grade student suspended for a posting on Facebook, this story appeared of yet another teacher suspended for her own postings on a blog. Natalie Munroe taught at the Central Bucks East High School near Philadelphia as an English teacher — until students discovered a comment on a February 8th blog.

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Faith Healers Given Probation

-Submitted by David Drumm (Nal), Guest Blogger

We have previously discussed the death of Kent Schaible, here and here. Kent Schaible, 2, died of bacterial pneumonia because his parents Herbert and Catherine Schaible, a fundamentalist Christian couple, believed in faith healing and declined to get medical attention for their child in Philadelphia. They were convicted of involuntary manslaughter and child endangerment.

Common Pleas Court Judge Carolyn Engel Temin sentenced them to 10 years of probation. Continue reading “Faith Healers Given Probation”

Judge Accused of Misconduct Ranging From Pulling Gun To Flushing Evidence

The Atlanta Constitution is reporting on a bizarre case against Catossa County magistrate Anthony Peter who is accused of a rather impressive list of acts of misconduct ranging from smoking pot to flushing a cellphone intentionally down a toilet to pointing a gun at his own head.

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Profit From Behind The Supreme Court Bench?

Submitted By Lawrence Rafferty, (rafflaw), Guest Blogger

I will be honest. I am not a big fan of Supreme Court Justice Clarence Thomas and as of late, I have had the same less than positive feelings about his wife, Virginia Thomas.  According to a recent Think Progress article, Justice Thomas’ vote on the Citizens United case has allowed his wife’s “consultant” company to profit by educating its customers on the best political causes to invest, I mean, donate to .

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Court: Judge Allowed To Speak Publicly Against Federal Law and “Institutionalized Racism”

Ninth Circuit Chief Judge Alex Kozinski (left) has written an order (below) absolving a magistrate judge (believed to be Magistrate Judge Edward Chen) of ethical charges after he spoke out publicly against “institutionalized racism” and the criminalization of immigration laws.
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Health Care and Federalism: A Response to Professor Charles Fried

I have received a significant number of emails after my earlier stated views on the national health care legislation were raised in the hearings this week before the United States Senate Committee on the Judiciary. Unfortunately, I am plowed under this week in litigation, but I wanted to offer a brief response to Harvard Law Professor and former Reagan Solicitor General Charles Fried who disagreed with my views on the danger to federalism.

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