The Arizona Senate has overwhelmingly passed the so-called “wrongful birth” bill — a piece of legislation that not only strips citizens of core torts protections but is based on a legal mythology of abusive litigation. The law would prevent lawsuits against doctors who withhold information on health problems of a fetus — even withholding the information intentionally.
Category: Courts
Submitted by: Mike Spindell, guest blogger
When it comes to standard of living I can’t complain. Between a pension and social security I live comfortably, though definitely without luxury. I have no investments and minimal savings so that I in essence live from check to check, as do most Americans less fortunate. Would I like thousands in the bank, of course? Would I like to travel overseas, as I never have, of course I would. It would also be nice to have a luxury auto that accommodates my long legs, 72” 3D plasma TV and many other accoutrements of our consumer society. I know I’d enjoy them, but frankly I am content with what I have and do not begrudge those with far more material things, savings and income. In this respect I am decidedly a creature of what has been known up to now as the “Middle/Working Class”. It is a vanishing citizen category that I identify with most closely and is gradually through conservative policies being driven down towards underclass status.
In addition, my entire working career was spent dealing with those people who can be roughly characterized in American terms as the “Underclass” due to poverty, race, ethnicity, disability, mental illness, criminality and addiction. I know first hand the depredations suffered by this portion of our citizens and this knowledge via experience, is something not shared by most Americans. My work exposed me to the basic unfairness of our system and I must admit my experiences fill me with rage towards those who lack empathy for the ignored and maltreated. Some say that this disparity is merely the result of lack off effort on their part, or of the natural result of lack of ability. Those that do are basically people ignorant of how the American system works and the fact that the putative “race” towards the top is a fixed affair, in all of its’ aspects. Since this is a legal opinion blog I would be giving its purpose short shrift was I not to mention that inequity of result has been a standard of our legal system since our Country’s inception. With a few exceptions used to demonstrate the opposite, the truth is as Leonard Cohen states so eloquently “Everybody knows the game is rotten”.
To me it is a fact that inequality is inherent in our system. Please indulge me to look at what I find most perplexing in this state of things and why I think it exists. Why does it seem that many people, who have received so much benefit from the fruits of this nation, are so begrudging of having those less fortunate at least live more comfortable lives? Continue reading “What Motivates the 1%?”
The New York Times has an interesting article on the continuing debate over whether lies are protected under the first amendment — a debate that we discussed earlier in relation to the Supreme Court’s consideration of the constitutionality of the Stolen Valor Act. Mark W. Miller, however, is fighting this issue in a different context — challenging a law that makes it a crime to lie in a political campaign. I have always viewed these laws as inimical to free speech and contrary to the First Amendment. The Supreme Court could resolve the question in the Alvarez case — or reinforce the ability of states to prosecute people for falsehoods utterly in political campaigns.
Continue reading “Ohio Case Challenges Law Criminalizing “Lies” In Political Campaign”
Below is today’s column in Foreign Policy magazine on Attorney General Eric Holder’s speech at Northwestern University Law School. UPDATE: FBI Director declines to answer whether the new doctrine allows the killing of citizens in the United States.
Attorney General Eric Holder was at Northwestern University Law School yesterday explaining President Barack Obama’s claimed authority to kill any American if he unilaterally determines them to be a threat to the nation. The choice of a law school was a curious place for discussion of authoritarian powers. Obama has replaced the constitutional protections afforded to citizens with a “trust me” pledge that Holder repeated yesterday at Northwestern. The good news is that Holder promised not to hunt citizens for sport.
Continue reading “Holder Promises To Kill Citizens With Care”
U.S. District Judge Benson Everett Legg has struck down Maryland’s handgun law to the extent that it requires residents show a “good and substantial reason” to get a handgun permit. While he is being criticized for the opinion, I believe that Judge Legg is on sound legal ground in light of the Supreme Courts decisions in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010). The case does enter into largely unmapped territory on what standard of scrutiny to apply in such cases — a matter that could prove quite important in future cases.
Continue reading “Federal Court Strikes Down Maryland’s Handgun Law”
We have been following the disturbing trend of arrests of citizens videotaping police in public — the subject of this prior column. Illinois has been featured prominently in these stories due to its strict law on eavesdropping. Now Cook County Criminal Courts Judge Stanley Sacks ruled that the law unconstitutional due to its vague language, which sweeps “wholly innocent conduct” within its scope.
Continue reading “Illinois Judge Declares State Eavesdropping Law Unconstitutional”
Submitted by: Mike Spindell, guest blogger
This week Huffpost ran an article titled:“IBM’s Role in the Holocaust — What the New Documents Reveal”, written by Edwin Black. The article was a followup to Mr. Black’s book “IBM and the Holocaust” published in 2001. As Mr. Black puts it justifying this particular article:
“Newly-released documents expose more explicitly the details of IBM‘s pivotal role in the Holocaust — all six phases: identification, expulsion from society, confiscation, ghettoization, deportation, and even extermination. Moreover, the documents portray with crystal clarity the personal involvement and micro-management of IBM president Thomas J. Watson in the company’s co-planning and co-organizing of Hitler’s campaign to destroy the Jews.” http://www.huffingtonpost.com/edwin-black/ibm-holocaust_b_1301691.html?ncid=edlinkusaolp00000009
These are of course pretty serious charges being made about one of the world’s most famous companies and about its founder. While I will present the nature of these charges and the specificity of the author’s alleged proof in the piece, it really is not my focus to condemn IBM one way or another, or even to vouch for the truth of the article. I will provide a link that offers a different perspective on these charges and will leave it to you the reader to decide what you think of them. My real purpose here is to discuss the necessary amorality of Corporations and what effect that amorality has upon nations and people. Continue reading “A Corporate Tale”
A campaign to pressure Rep. Dave Camp, R-Mich., is well underway, but it is not the usual parade of industry lobbyists that run feral in the halls of Congress. Rather, Camp is facing demands that he pressure his adviser Aharon Friedman to grant a Jewish “get” to his wife who wants to divorce him. Jewish community members are seeking to pressure Friedman by pressuring Camp, but is that an appropriate matter for a Member of Congress or any employer?
Continue reading “Should A House Member Force An Aide To Grant A Jewish “Get”?”
Georgia Chief Judge David Barrett, chief judge of the Enotah Judicial Circuit, has resigned over what the district attorney called “a poor rhetorical point.” District Attorney Jeff Langley’s description may not quite capture the moment. Barrett pulled out a gun in his courtroom in the Enotah Judicial Circuit and told a women in a domestic assault case “You might as well shoot your lawyer.”
Chief U.S. District Judge of Montana Richard Cebull is under fire for a joke that he sent to friends from his court email. The email has been denounced as racist and “compares African-Americans to dogs.” He insists that it was not for public circulation and reflected his dislike for the president, not black people.
Continue reading “Racist or Clueless? Chief Judge of Montana Under Fire For Obama Joke”
We previously read about the ethics charges and lawsuits leveled against Hawkins County (Tenn.) Judge James Taylor for various violations, including stealing money that he raised for a “Citizens Heritage Display” with the Ten Commandments to be placed in the lobby of the Hawkins County Justice Center. While Taylor announced he would still run for reelection and assured people that his name would be cleared, he has now asserted his Fifth Amendment right against self-incrimination in his answer to accusations of theft and misconduct in the judicial ethics investigation.
Exclusive: After running the earlier story on the “Zombie Mohammed” case, I had the opportunity to speak to the victim, Ernie Perce. We previously discussed the remarks of Judge Mark Martin of Mechanicsburg, Pennsylvania in the dismissal of a charge against Talaag Elbayomy, a Muslim who attacked Perce for insulting the Prophet. Perce was parading as a zombie Mohammad in the Mechanicsburg Halloween parade when Elbayomy allegedly grabbed him. Elbayomy was at the parade with his family. Yet, it was Perce who ultimately came into a tongue lashing from Martin. Martin reportedly responded in a statement that I posted previously.
Continue reading “Atheist in “Zombie Mohammed” Case Responds”
We have had a great deal of discussion about the controversy over the remarks of Judge Mark Martin of Mechanicsburg, Pennsylvania in the dismissal of a charge against Talaag Elbayomy, a Muslim who attacked an atheist Ernie Perce for insulting the Prophet. Perce was parading as a zombie Mohammad in the Mechanicsburg Halloween parade when Elbayomy allegedly grabbed him. Elbayomy was at the parade with his family. Yet, it was Perce who ultimately came into a tongue lashing from Martin. Martin has now reportedly responded with the message below. I am not sure how much it helps on the merits, but he does clarify a couple of points if this response (which has appeared on several sites) is genuine.
Continue reading “Judge In “Zombie Mohammed” Case (Reportedly) Responds”
By Mark Esposito, Guest Blogger
For the first time, law enforcement officials are taking aim at not just child abusing priests but those who enabled the crimes by covering up. And what a cesspool they’ve uncovered. Monsignor William Lynn, on trial in Philadelphia on charges of conspiracy and child endangerment has filed a novel motion seeking to dismiss all charges. Lynn alleges that Cardinal Anthony Bevilacqua, a long-time pillar in the American Catholic Church, destroyed a memorandum written by Lynn’s superior detailing the abuse and the priests who perpetrated it.