Category: Courts

Don’t Ask, Don’t Tell Policy Found Unconstitutional

U.S. District Judge Virginia A. Phillips in California has found the military’s “don’t ask, don’t tell” policy to be unconstitutional under the 1st Amendment and due process clause. She has informed the Obama Administration, which is defending the policy, that she intends to issue an injunction.
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Republican Governors Association Ordered To Pay Former Texas Democratic Candidate Two Million Dollars

Travis County Judge John Dietz has issued a rare order to the Republican Governors Association to pay Chris Bell, the 2006 Democratic gubernatorial candidate, $2 million because of flagrant campaign contribution violations to support Texas Governor Rick Perry.
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Civil Rights Groups Challenge Obama’s Assassination List

Civil liberties groups have long objected that President Barack Obama has continued and even expanded on many of George Bush’s abuses in the area of national security, including blocking any investigation into the torture program. Now, civil liberties groups are targeting Obama’s continued use of an assassination list and his assertion that he can simply kill a U.S. citizen without any criminal charge or trial.
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With Friends Like This: Juror Faces Contempt Charge After Suggesting Defendant Was Guilty on Facebook Before The Verdict

Hadley Jons of Warren, Michigan may want to look at who her “friends” are on Facebook. One of them blew the whistle when she indicated that a defendant was guilty in a trial for resisting arrest before the verdict in the case. Now, she faces a possible contempt charge.
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Federal Court Blocks Human Stem Cell Research

United States District Court Judge Royce Lamberth has issued an order that is a serious blow to those of us who have advocated the expanded federal funding of embryonic stem cell research. Lamberth issued a preliminary injunction to stop all such funding under the new Obama policy.
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Good Judge or Bad Gamble in Nevada: Judge Orders Defendant To Write Report Criticizing Drug Policies as Punishment

Nevada Judge Dave Gamble has issued a curious sentence to a drug defendant. Matthew Palazzolo, 25, was ordered to write a report on the “nonsensical character” of medical marijuana laws and how pot is a gateway drug. In my view it is an improper sentence that should result in not just a reversal but a review of Gamble’s conduct.
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Right-Wing Internet Host At Center of Violent Speech Case

The conviction of right-wing Internet radio host Harold C. Turner of threatening three federal judges sets the stage for an interesting appellate fight over the first amendment. The case involving some of the best known Seventh Circuit judges — William J. Bauer, Frank H. Easterbrook and Richard A. Posner — was heard in New York by a Brooklyn jury. Two prior trials led to mistrials.
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Former Judge Samuel Kent Files Motion Alleging Abuse in Prison

Former Judge Samuel Kent has been placed in the position of filing complaints as an inmate in Texas. He is serving 33-months for obstruction of justice after he lied about allegations involving groping and sexual assault of two female court employees. He claims to have been abused as a prisoner due to his status as a former federal judge.

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Proposition 8 Struck Down Under Rational Basis Test

The decision by United States District Court Judge Vaughn Walker striking down Proposition 8 in California is a fascinating read. It is also an opinion that is likely to trigger not only a furious appeal but a renewed demand for a constitutional amendment barring same sex marriage.
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