In a blow to civil liberties, the Supreme Court yesterday voted 5-4 to allow police to collect DNA from suspects arrested in serious crime cases. The decision by Justice Anthony Kennedy opens the door for the collection and retention of a massive DNA databank by the states and federal government. The decision produced a strange lineup with Justice Antonin Scalia writing a dissent (with Ginsburg, Sotomayor, and Kagan) and normally liberal Justice Stephen Breyer joining Kennedy, Thomas, Alito, and Roberts. It is a disastrous case for Breyer to lose his bearings. His switch denied the creation of a bright line rule protecting privacy and forestalling such a databank.
Category: Courts
We previously discussed the bizarre case of Heath Campbell, who ran into a bit of trouble when he tried to get a store to prepare a birthday cake for his son Adolph Hitler Campbell. It turns out that the parents gave all of their kids Nazi-related names. After the “mein cake” controversy, the state appears to have placed the couple under investigation and then took away their children. The New Jersey neo-Nazi is now fighting to get back his kids. He did it however in a curious way — he and his new fascist Frau showed up in full Nazi uniforms to court. This raises a significant free speech issue. Most of us view this Nazi obsession to be weird and unbalanced. However, it is also a form of political expression. While the state insists that there is a history of violence in the family (including an “anonymous complaint”), there have been no details of the extent of this history. Should this bizarre conduct and hateful belief system be considered on the custody question.
The Obama Administration has once again reaffirmed the new relativism controlling Washington in the nomination of James Comey as the next director of the Federal Bureau of Investigation, even as it struggles to put out the controversy over its attack on free press principles. Comey was a critical player in the abuse warrantless surveillance program of the Bush Administration and will now be put in charge of the people carrying out such surveillance. The Administration has been spinning the nomination by pointing out that it was Comey who opposed efforts of the Bush White House in a famous confrontation by the hospital bed of the Attorney General John Ashcroft. However, while that was admirable, Comey did what all officials in his position are duty bound to do (though few in the Bush Administration fulfilled that obligation). Comey however also was critical in other abuses of warrantless surveillance as well as the abusive treatment of Jose Padilla and Plamegate. He is no hero for civil libertarians by any measure.
Continue reading “The One-Eyed Man In the Land Of The Blind: James Comey Set To Be Next FBI Director Despite Past Civil Liberties Controversies”
By Mike Appleton, Guest Blogger
“The United States is the only advanced economy that does not guarantee its workers any paid vacation time and is one of only a few rich countries that do not require employers to offer at least some paid holidays.”
-Rebecca Ray, Mila Sanes and John Schmidt, No Vacation Nation (Center for Economic and Policy Research, May, 2013)
The leisure and hospitality industry in Central Florida employs over 216,000 people, more than 20% of the entire Metro Orlando workforce. These are primarily low-wage jobs, with few benefits. Hotel maids, for example, earn a median wage of $9.20 per hour. It is estimated that 81% of the lowest-wage workers have no ability to earn paid sick time. Nationally, a study by the Institute for Women’s Policy Research concluded that 37% of working women (some 13,000,000) in companies with more than 15 employees cannot take a paid sick day if they or a family member are ill. Among employed Latinos (a quickly growing demographic in Orange County, Florida), 49% lack access to any paid sick leave.
The combined effect of low wages and no benefits means that on any given day tens of thousands of Metro Orlando workers must decide whether to go to work sick, send a sick child to school, or stay home without pay and even risk termination of their employment. In May of 2012, a coalition of Orlando activists began a citizen’s initiative to mandate that private employers in Orange County with 15 or more employees provide workers with up to 7 days of paid sick leave each year. That effort has generated two lawsuits to date and the quick adoption of an ALEC-inspired state law preempting the Orange County initiative. Continue reading “ALEC in Wonderland, An Act In Two Plays (Part 2)”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
Over the years we have heard the stories about Supreme Court justices coming under fire for attending political rallies and symposiums and for taking gifts from political organizations. Abe Fortas and his subsequent resignation from the Supreme Court is one instance that comes to mind. More recently, of course, Justice Clarence Thomas’ exploits come to mind. “Justice Clarence Thomas is an ethics problem in a black robe. Just eight months after ThinkProgress broke the story of Thomas’ attendance at a Koch-sponsored political fundraiser, we learn that Thomas doesn’t just do unethical favors for wealthy right-wing donors — they also do expensive favors for him.
Leading conservative donor Harlan Crow, whose company often litigates in federal court, provided $500,000 to allow Thomas’s wife to start a Tea Party group and he once gave Thomas a $19,000 Bible that belonged to Frederick Douglass. The American Enterprise Institute, a conservative think tank which frequently files briefs in Thomas’ Court, also gave Thomas a $15,000 gift.” Think Progress
What we may have missed in those earlier discussions is how important the lower courts and appeals court judges are in enforcing corporate or political legislation and policies. What would you say if corporations and partisan foundations or think tanks and oil companies were deeply involved in making sure the judges know who their real “friends” are? Continue reading “It’s All About the Judges”
Submitted by: Mike Spindell, guest blogger
The idea for this guest blog came from Anonymously Yours, who has been around at Jonathan Turley’s Blog, for at least as long as I have. We have had an E Mail relationship, offline for many years. He sent me the link that I’ll be basically using and I think his judgment was on the money. The topic is George Washington’s Farewell Address, how prescient our First President was and how much good advice he gave that we should heed today, after the passage of 218 years.
Like every other American child what I learned about George Washington came from school and little else. When I started learning about him and the revolutionary war, it was common when speaking about him to call him “The Father of Our Country”. As the years passed this description has seemingly fallen out of consciousness and we usually only see him referenced wearing a white wig and a tri-corn hat on President’s Day selling cars. Certainly too, as my education progressed through High School and College, the view of Washington as one of our Founding Father’s was diminished as compared to his more glamorous and brilliant cohort among the Founding Fathers, Jefferson, Franklin and Madison. It is easy to see why this change came about. When you think of Washington, most would see the famous portrait I’ve used as a picture above. The portrait shows a prim-mouthed, rather dour man with a wig. History has given us certain personal details like his famous wooden false teeth. History has also supplied a childish, hagiographic mythology that he never told a lie and threw a coin across the Potomac. There is even some debate about his competence as a General. Indeed, the traitor Benedict Arnold is considered by many to be the best military mind on our side during the Revolution.
So when AY sent me his E Mail, I was at first skeptical about the project until I read the link. While in some sense I knew about his Farewell Address in the back of my mind, rereading it and the commentary on it caused me to rethink George Washington. As I see now he was a great man, in a true sense and he at least gave this country a good start. He also made a contribution regarding how he felt this country should comport itself that is relevant today, although certainly not heeded. Let’s explore Washington’s message and see what wisdom we can draw from it today, or should have drawn in the ensuing 218 years since it was written. Continue reading “The Father of Our Country”
There is a troubling case out of Harris County, Texas where a court has issued an order barring 16 individuals from a Houston neighborhood on the ground that prosecutors alleged that they are gang members up to no good. However, this was a civil proceeding where the 16 individuals were neither given representation nor were present. The precedent established by such a public nuisance ruling is chilling if prosecutors can bar citizens from neighborhoods based on associations or future conduct.
Here is today’s column in USA Today calling for the firing of Attorney General Eric Holder (I have added a couple lines removed in editing). Holder is not the only individual who needs to leave federal office but he is the first. Equally responsible are his deputy, James Cole, and Ronald Machen Jr., the U.S. attorney for the District of Columbia who played critical roles in the investigation of journalists with Associated Press and Fox News. Notably, Obama reportedly “fired” IRS Director Steve Miller (who was reportedly already leaving) over the IRS scandal though there is no indication of any knowledge on his part. In Holder’s case, he was personally involved in targeting journalists (in the Fox case) and launched an attack on the media that has been condemned by a wide array of public interest and media groups. Yet, Holder has been asked to hold a simple meeting with aggrieved media representatives by Obama.
People for the Ethical Treatment of Animals (PETA) is famous for its public displays designed to shock and sometimes disgust people (here and here and here). However, PETA appears a bit thin skinned this week with legal attacks on critics who accused the organization of killing animals in a Virginia shelter. PETA reportedly is asking a court to give it the personal information, email addresses, phone numbers, and other data for three bloggers who reacted to an April 2 posting by a no-kill shelter advocate. One of the bloggers called PETA “animal Kevorkians.”
Continue reading “PETA Accused Of Pursuing Bloggers After Criticism Of Its Animal Shelter”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
Recently I wrote an article that discussed how the FDIC and the Bank of England had written a joint paper agreeing on how to deal with failing large banks in the post Dodd-Frank world. Banksters In my research for a follow-up to that article, I discovered that Congress was busy at work trying to do everything in its power to water down or eviscerate Dodd-Frank. I guess I should not be surprised that Congress might be trying to defeat a law that was passed in an attempt to make sure that ordinary citizens would not be asked to bail out the large banks once again. While Dodd-Frank is far from perfect, it is a step in the right direction. At least for the taxpayers. Continue reading “Do the Big Banks Control Everything?”
Below is today’s column in the Washington Post’s Outlook Section on the dangers of America’s growing administrative state. Ask any elementary student and you will hear how the Framers carefully designed a tripartite, or three-branch, system to govern the United States. This separation of powers was meant to protect citizens from tyranny by making every branch dependent on each other to carry out the functions of government. These three branches held together through a type of outward pressure – each holding the other in place through their countervailing forces. Add a fourth branch and the structure begins to collapse. That is precisely what is happening as federal agencies grow beyond the traditional controls and oversight of the legislative and executive branches. The question is how a tripartite system can function as a quadripartite system. The answer, as demonstrated by the last two decades, is not well. The shift from a tripartite to a quadripartite system is not the result of simply the growth in the size of the government. Rather, it is a concern with the degree of independence and autonomy in the fourth branch that led me to write this column.
Continue reading “The Rise of the Fourth Branch of Government”
Submitted by: Mike Spindell, guest blogger
About one year into Barack Obama’s first term as President I began calling the White House demanding that Attorney General Eric Holder should be fired. I was disturbed by the lack of prosecutions and by the trend towards stricter enforcement of the Drug Laws. Clearly this was not the change I envisioned from a Constitutional Law professor, or his Attorney General. I guess my support in the election wasn’t important enough to get The President to hear my plea to rid himself and us, of both Holder and Geithner. Here we are now more than four years later and both of these bozos are still on the job and doing harm to our Constitution and our economy. With the Associated Press eavesdropping scandal we have just the latest contretemps committed by the Justice Department and its hapless leader. Having lived through Attorney General’s John Mitchell and Ed Meese, I understand full well the importance of the position and how if it is filled with the wrong man mischief will arise. Eric Holder is in the tradition of both these men since he too seems nonplussed when it comes to upholding the constitution. This article was in reaction to reading about Holder signing off on the AP probe in Thursday’s Huffington Post, I give credit to them for this story and I will provide links. Here are six instances of Holder’s using his office to achieve what I see as disastrously wrong actions. Continue reading “Eric Holder Should Go!”
I have previously testified and written about President Barack Obama’s use of recess appointments, which I viewed as flagrantly unconstitutional. Recently, the D.C. Circuit agreed with that view and found that the Obama Administration had violated the recess appointment powers. Now a second appellate court has joined that view, the United States Court of Appeals for the Third Circuit. I have two law review articles coming out on these appointments and more broadly the abuse of recess appointment powers in modern presidencies. See Jonathan Turley, Recess Appointments in the Age of Regulation, 93 Boston University Law Review ___ (2013) and Jonathan Turley, Constitutional Adverse Possession: Recess Appointments and the Role of Historical Practice in Constitutional Interpretation, 2103 Wisconsin Law Review ___ (2013)
Continue reading “Obama Recess Appointments Found Unconstitutional By Second Appellate Court”
By Mike Appleton, Guest Blogger
“Be what you would seem to be-or, if you’d like it put more simply-Never imagine yourself not to be otherwise than what it might appear to others that what you were or might have been was not otherwise than what you had been would have appeared to them to be otherwise.”
-Lewis Carroll, Alice in Wonderland
The late Paul Weyrich is generally regarded as the principal architect of the new conservative coalition that emerged with the ascendancy of Ronald Reagan. He was a co-founder of the Heritage Foundation. He even created the phrase “moral majority” for Pat Robertson. But his most important creation was the American Legislative Exchange Council (ALEC) in 1973. In the course of 30 years that body has become the most powerful force in state legislative bodies throughout the country.
Weyrich was not a fan of voting rights. “I don’t want everybody to vote,” he said in 1980. “Elections are not won by a majority of the people. They never have from the beginning of our country and they are not now. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” Weyrich understood that voters are problematic for two reasons. First, they are fickle and unpredictable. Second, they cannot be held accountable for their decisions. In short, they cannot be controlled, making democracy an uncertain endeavor.
But Weyrich also understood that lobbying is not an effective antidote to an independent electorate. It is expensive and subject to restrictions and regulations that vary from state to state. ALEC operates in a manner that enables it to surmount those problems. Powerful corporate interests provide the funding necessary to research and draft model bills serving their interests. The approximately 2,000 state legislator members of ALEC sponsor those model bills in their respective states. And the electorate? Well, anyone is free to join and have his or her voice heard by paying an annual membership fee ranging from $7,000.00 to $25,000.00.
As you will see, ALEC’s ability to get its way in spite of the voting public is indeed a wonder to behold. Continue reading “ALEC in Wonderland, An Act In Two Plays (Part 1)”
Rickey Christopher, 23, obviously does not like jury duty. Many people feel the same but he is fast making jury duty into the worst chapter of his life. Christopher was previously dismissed from jury duty for repeatedly showing up late. Then when he was ordered to appear for possible contempt of court, stemming from his jury duty, he failed to appear. There is now a warrant out for his arrest from Oklahoma County District Judge Ray C. Elliott. It is a good thing that such charges are generally handled without a jury. It would be hard to find 12 peers of Christopher to appear on time to try the case.