Category: Courts

HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT

800px-Capitol_Building_Full_ViewToday, we filed our complaint United States House of Representatives v. Burwell (Case 1:14-cv-01967), in the United States District Court for the District of Columbia. The House’s complaint contains eight counts concerning constitutional and statutory violations of law related to the Patient Protection and Affordable Care Act (ACA). There are a myriad of unilateral amendments to this Act, ordered by President Obama’s Administration, which could be the subject of a challenge, and there are a number of changes that are already being litigated, including King v. Burwell, which has been accepted by the Supreme Court for review. The House’s complaint, however, focuses on the Administration’s usurpation not only of the House’s Article I legislative authority, but also of the defining “power of purse.” Both of these powers were placed exclusively in Article I by the Framers of our Constitution. These constitutional and statutory claims are highly illustrative of the current conflict between the branches over the basic principles of the separation of powers. The House’s complaint seeks to reaffirm the clear constitutional lines of separation between the branches – a doctrine that is the very foundation of our constitutional system of government. To put it simply, the complaint focuses on the means rather than ends. The complaint is posted below.

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TURLEY AGREES TO SERVE AS LEAD COUNSEL FOR HOUSE OF REPRESENTATIVES IN CONSTITUTIONAL CHALLENGE

800px-Capitol_Building_Full_ViewAs many on this blog are aware, I have previously testified, written, and litigated in opposition to the rise of executive power and the countervailing decline in congressional power in our tripartite system. I have also spent years encouraging Congress, under both Democratic and Republican presidents, to more actively defend its authority, including seeking judicial review in separation of powers conflicts. For that reason, it may come as little surprise this morning that I have agreed to represent the United States House of Representatives in its challenge of unilateral, unconstitutional actions taken by the Obama Administration with respect to implementation of the Affordable Care Act (ACA). It is an honor to represent the institution in this historic lawsuit and to work with the talented staff of the House General Counsel’s Office. As in the past, this posting is meant to be transparent about my representation as well as my need to be circumspect about my comments in the future on related stories. Continue reading “TURLEY AGREES TO SERVE AS LEAD COUNSEL FOR HOUSE OF REPRESENTATIVES IN CONSTITUTIONAL CHALLENGE”

Banks Ignore the Bankruptcy Laws

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

In the past, I have written about the Big Banks continued unlawful actions that only result in “slap on the wrist fines” that in many cases are passed on to the shareholders and/or used as a tax deduction. It seems that Wall Street and the Banksters have not learned a thing.  Or have they?

The latest wrinkle in Banksters taking advantage of American citizens is noted in a Crooks and Liars report which detailed an investigation into several Big Banks and their alleged refusal to honor the orders of Bankruptcy judges across the country. Of course, the “usual suspects” have been named in the latest investigations.  Continue reading “Banks Ignore the Bankruptcy Laws”

Why is it Illegal to Feed the Homeless?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

Did you know that somewhere in America, it is illegal to feed the homeless in public?  It can’t be true can it?  It is true in Fort Lauderdale, Florida after the recent passage of an ordinance by the city council.  The real scary part of that news is that Fort Lauderdale is not alone in taking this anti-compassionate stance!

“Over 30 cities across the nation have outlawed or are considering criminalizing the provision of food to homeless people. According to the National Coalition for the Homeless, over 20 cities have devised laws against giving food to homeless people since January 2013.” Nation of Change

While I can understand this stance if these cities are adding health guidelines to make such feeding attempts safer, I am shocked that over 30 cities have outlawed it or are considering outlawing the practice of giving food to the hungry and homeless.  Are public picnics next on the hit list? Continue reading “Why is it Illegal to Feed the Homeless?”

Washington Supreme Court Shifts Burden To State In Proving Lack Of Consent Element In Rape Cases

By Darren Smith, Weekend Contributor

scales_of_justiceThe Washington Supreme Court ruled it is a violation of Due Process to require a rape defendant to prove lack of consent in rape trials, shifting the burden to the state. The opinion reverses decades old practices of the courts and by extensions investigators of such crimes to include elements showing lack of consent that were previously assumed based on the statements and evidence of alleged victims.

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SUPREME COURT ACCEPTS OBAMACARE CHALLENGE

Supreme CourtThe Supreme Court has decided to wade back into the controversy over the Affordable Care Act (ACA) or “Obamacare” today with the granting of review of King v. Burwell, No. 14-114. I have previously written about the King case as well as the parallel case in the D.C. Circuit in Halbig.

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Iran: Human Rights Are Just A Western Lifestyle Choice

250px-flag_of_iransvgIran has denounced the latest report detailing its denial of the most fundamental human rights under its blood-soaked Sharia legal system. The report details the widespread executions of homosexuals and religious dissidents in the country in the name of Islam as well as the denial of basic free speech and association rights. The country executes people by stoning, hanging, and even crucifixion. Mohammad Javad Larijani, chief of human rights in Iran’s government, responded by calling such human rights as a Western invention and lifestyle choice. What is truly shocking is not that the troglodytes in Iran cling to their medieval system but that various countries stepped forward to praise or defend it, including Bahrain, Bangladesh, Belarus, Sudan, Syria, Vietnam, Venezuela, Yemen and Zimbabwe. Once again, the endorsement of Venezuela of the most abusive regime in the world shows the plunge of that country’s values in the Chavez and post-Chavez administrations. Notably, this report came shortly after the hanging of Reyhaneh Jabbari and shortly before the imprisonment of Ghoncheh Ghavami

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Prosecuters Seem Surprised that Banksters May Still Be Breaking the Law

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

We have written on multiple occasions about the illegal activities of Big Banks and Wall Street financial firms as well as their penchant to repeat their offenses.  It now seems that a State regulator and two Federal prosecutors may have finally come to the conclusion that many Big Banks are not only continuing their illegal practices, but that they may have hid information during prior investigations into their allegedly shady dealings.

While I am glad that at least two Federal prosecutors may be putting the heat on some of the repeat offenders by extending their deferred prosecution agreements and opening new investigations and taking a second look at past investigations, my first response is what took them so long?

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Egyptian Court Sentences Men To Three Years Imprisonment For Video Of Gay Marriage

128px-Gay_flag.svgWe previously reported the arrest of seven men arrested for their alleged participation in a gay wedding ceremony in Egypt, now a Cairo court found the seven defendants guilty of the crime of “Inciting Debauchery” for what was alleged to be their participation a gay wedding on a Nile riverboat.

The video in question, which went viral on YouTube, shows two men kissing and exchanging wedding rings along with onlookers.

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The Season of Our Discontent II: “Football Strong(Men)” Vs. Women

Two Corporate Crimes and No Accountability for the Suits

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

It never ceases to amaze me that the heads of major corporations and officers of those companies just never seem to go to jail when the corporation’s fingers are caught in the cookie jar.  We saw two separate examples of that concept this week.  One example is simply a case of corporate greed at employees expense and the other is a brutal and deadly tragedy that caught up the corporate employees, but not their bosses.

In the past, I have written about banks getting away with fines and financial penalties for committing crimes, but today the focus is on two corporations in two different areas of endeavor.  I am referring to the corporation formerly known as Blackwater and Electronics for Imaging (EFI).  Blackwater as you may recall was in the private security and intelligence gathering business with many government clients, while EFI is a Silicon Valley tech firm with earnings of over $100 million in 2013.  They both have one thing in common.  They broke the law and one got a slap on the wrist and the CEO and founder of the other and his fellow corporate officers avoided any culpability in a brutal murder case. Continue reading “Two Corporate Crimes and No Accountability for the Suits”

Washington Supreme Court Hears Arguments On Immunity Under Communications Decency Act For Child Sex Trafficking Case

By Darren Smith, Weekend Contributor

scales_of_justiceThe Washington Supreme Court heard an appeal brought by attorneys representing the internet website backpage.com resulting from a lower court ruling allowing the trial to proceed against the site for allegations that it assisted child sex traffickers to lure children toward sexual exploitation in the state. The argument primarily rests on whether backpage.com can claim immunity under the Communications Decency Act, Title 47 USC 230. The respondents, three unnamed child victims, argued that backpage.com created an environment and construed posting rules that guided alleged sex traffickers and those offering adult services to evade law enforcement and other sanctions, thereby assuming the role of a developer of content which would exempt backpage.com from immunity under the CDA.

The case is being monitored for its potential implications on the freedom of websites to host content from subscribers without being subject to undue liability in the strict sense and the limits to which websites can be responsible. Amicus briefs were filed by interests such as the Electronic Frontier Foundation, and the National Center For Missing and Exploited Children

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Predicting Obama: Is The Right Ever Right?

By Mark Esposito, Weekend Blogger

I have been reading about the latest Breitbart-inspired dire prediction of the nefarious ( and possibly illegal) machinations of the Obama Administration. You know “Green Paper-Gate.” It’s the one where the conservative blog, Breitbart,  reports that a draft solicitation proposal for purchase of green paper issued by the U.S. Citizenship and Immigration Services definitely means that the Obama Administration is secretly planning a massive amnesty campaign of undocumented aliens. And, worse still,  that it’s keeping that secret until after the mid-term elections as a boon to Democratic candidates. I went back and took a look at the proposal and here is the offending language: “The requirement is for an estimated 4 million cards annually with the potential to buy as many as 34 million cards total. The ordering periods for this requirement shall be for a total of five (5) years.” A draft RFP issued a few days later contains the same language but adds the following: “In addition, the Contractor shall demonstrate the capability to support potential “surge” in PRC and EAD card demand for up to 9M cards during the initial period of performance to support possible future immigration reform initiative requirements.” You can view the proposal (here) and the RFP (here) and then read all the GSA bureaucratic verbiage for yourself. Have a good time.

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Supreme Court Issues Rare Correction In Ginsburg Dissent

225px-ruth_bader_ginsburg_scotus_photo_portrait130px-Wite-Out_123The U.S. Supreme Court rarely makes a correction — even when they are clearly called for by mistakes in law or fact. To their credit, opinions tend to minimize such errors (beyond those of judgment). After all, with the failing number of cases, the justices write relatively few opinions and take a relatively long time to generate them. That is what made it so notable this week when the Court not only corrected an opinion by Justice Ruth Bader Ginsburg, but did so in one of her most notable opinions of the year: her dissent in Veasey v. Berry, which was heralded by many in its rejection of voter ID changes in Texas. Ginsburg wrongly stated that “Nor will Texas accept photo ID cards issued by the U.S. Department of Veterans’ Affairs.” In fact, such cards are one of seven different types of identification that can be used to prove identity.

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Voter ID Unmasked

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

I can still remember the first time I voted in a National election.  I was a young, 18-year-old student and I could finally have a say in who was going to run the country.  It was a proud day for me and the countless other 18 year olds who were also voting for the first time.  I can honestly say that I have not missed voting in any election since.  That includes both primary and general elections.  There wasn’t always a lot to vote for in some of those primaries over the years, but I consider voting a duty, so I made sure that I made it to the polls.

It hasn’t always been easy for all citizens to cast their vote.  Even in my lifetime, the Jim Crow laws of the South made it difficult, at best for African-Americans citizens to register and to cast their ballots.  After years of protests and legal battles, I thought the Jim Crow style of voter suppression was a thing of the past.  It turns out I was wrong.  Very wrong. Continue reading “Voter ID Unmasked”