Dan Snyder is reportedly planning a defamation action against Washington’s City Paper for a scathing story about his controversial time as owner of the Washington Redskins. The case could prove an interesting battle over first amendment rights and defamation law.
Continue reading “Redskins Owner Threatens Newspaper With Libel Suit After Unflattering Article”
Here is my column in USA Today (which was posted yesterday but will run in print on Monday) on the charge that Judge Vinson is an activist after his striking down of the entire health care plan. While I did not view the opinion as particularly strong in its substantive analysis and did not like the rhetoric flourishes (as discussed with Lawrence O’Donnell this week), I find the charge of activism to be a bit forced over the issue of severability.
Continue reading “The Ford Pinto Act: Is The White House Claim of “Activism” Fair?”
United States District Court Judge Roger Vinson has struck down the entirety of the National Health Care law (The Patient Protection and Affordable Care Act) as unconstitutional. What is most interesting is his decision that the entire act had to be struck down because of the individual mandate provision’s unconstitutionality. Vinson grants declaratory relief but declines to grant injunctive relief.
Continue reading “Federal Court in Florida Strikes Down Health Care Law As Unconstitutional”
Submitted by Mark Esposito, Guest Blogger
California professional golfer (and former police officer) Lana Lawless is challenging the LPGA’s rule requiring tournament participants to be “female by birth.” The LPGA has ruled, according to Lawless, that as a transgender woman, she is ineligible to compete. The rule seems to fly directly in the face of California’s Unruh Law which holds that all people in the state are “free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”
Continue reading “Playing It Straight: LPGA’s “Female By Birth” Rule Challenged”
The Illinois Supreme Court today reversed the decision (below) of the appellate court and reinstated former White House Chief of Staff Rahm Emanuel to the mayoral ballot in Chicago. As discussed earlier, the Supreme Court hit on the burden in overturning a factual finding of the lower court.
Continue reading “llinois Supreme Court Puts Emanuel Back on Chicago Ballot”
The Missouri Supreme Court has handed down an important ruling on reverse discrimination — upholding an award of more than $2 million for a white prosecutor, Melissa Howard, who was denied a judgeship in 2006 because the Kansas City Council wanted a minority in the position.
For civil libertarians, the gradual de-evolution of our criminal justice system just got a bit more medieval. Virginia Republican Sen. Emmett Hanger is upset about the prison budget so he has found a way to trim costs by simply castrating sexual offenders. This is the same proposal vetoed four years ago, but there is now a conservative Republican governor in office and some believe it could pass.
Continue reading “Sen. Hanger Proposes Castration for Sex Offenders”
With surprisingly little coverage from the media, Justice Clarence Thomas has amended his financial disclosure after Common Cause exposed his failure to report his wife’s income for many years — including her payments from conservative organizations.
Continue reading “Justice Thomas Amends Disclosure Forms To Reveal Wife’s Income”
Here is today’s column in the Washington Post on the controversy over Justice Scalia’s appearance on Monday in a Tea Party Caucus event for new House members. I view the issue as having broader implications for the Court.
Continue reading “Scalia and the Rise of the Celebrity Justice: Should Justices Have a Political Base?”
Submitted by Elaine Magliaro, Guest Blogger
The 9th U.S. Circuit Court of Appeals has ruled that Lei Li, a Chinese Christian whose request for asylum in the United States was denied by an immigration judge in 2005, should be given another chance.
Lei, who became a Christian in 1999, said he was persecuted in China for practicing his faith. He claims he was arrested and beaten “for hosting an underground Christian church in his home.” After his release from police custody, Lei says he lost his job. In 2001, he came to the United States on a visitor visa—but he violated its terms by working.
In 2003, Li applied for asylum in the United States. He filed a petition for withholding from removal under the Convention Against Torture. In 2005, immigration judge Renee Renner rejected Lei’s petition for asylum because she felt he hadn’t answered “basic” questions about Christianity correctly. The 9th U.S. Circuit Court of Appeals ruled that Renner didn’t have evidence to make such a judgment.
Continue reading “Appeals Court Rules Religious Test Improper in Asylum Case”
-Submitted by David Drumm (Nal), Guest Blogger
Last week, the Fourth District Court of Appeal of the state of Florida issued a ruling denying the motion to suppress. Ruiz v. State of Florida is a drug case dealing with “consent” to search. Freddie Ruiz, charged with trafficking in cocaine and possession of cannabis, moved to suppress, alleging that the evidence was seized unlawfully.
Submitted by Lawrence Rafferty (rafflaw), Guest Blogger
Earlier this week I read on the ACLU website the Appellate Court decision in ACLU, et al v. Department of Defense, et al, which decided you and I are not entitled to learn how our government tortured detainees illegally. “A federal appeals court today ruled that the government can continue suppressing transcripts in which former CIA prisoners now held at Guantánamo Bay describe abuse and torture they suffered in CIA custody. The ruling came in an ACLU Freedom of Information Act (FOIA) lawsuit to obtain uncensored transcripts from Combatant Status Review Tribunals (CSRTs) used to determine if Guantánamo detainees qualify as “enemy combatants.” http://www.aclu.org/national-security/court-rules-government-can-continue-suppress-detainee-statements-describing-tort-0 It didn’t surprise me that the ACLU lost this appeal, but what surprised me is the lack of attention this case got in the main stream media. Continue reading “Americans Don’t Have the Right to Learn Just How Detainees Were Tortured”
Common Cause has sent the letter below to Justice Clarence Thomas raising concerns over his failure to report his wife’s income in prior years. For full disclosure, I have conferred with Common Cause on this nondisclosure issue and participated as an independent expert in the press conference yesterday on the absence of binding ethics rules for the members of the Supreme Court.
Continue reading “Justice Thomas Accused of Reporting Violations”
I just participated in a press conference (with Stanford Professor Deborah Rhode) dealing with Common Cause’s letter (below) asking the Justice Department to look into alleged conflicts of interest related to Justices Scalia and Thomas in the Citizens United case. Common Cause identified extremely serious issues related to the participation of Scalia and Thomas in events organized by Koch Industries CEO Charles Koch as well as Ginny Thomas’ involvement in Liberty Central.
Continue reading “Should Scalia and Thomas Be Retroactively Recused From Citizens United?”
Justice Gerard Hogan of Ireland’s High Court held a novel hearing on December 27th in his own home. Hogan ordered that the government give a lie-saving blood transfusion to a baby boy born in August 2010. His parents are both Jehovah Witnesses and had refused the procedure to save their son.
Continue reading “Irish Justice Orders Baby Saved Over Objections of Religious Parents”