There is a major first amendment case brewing in Washington, D.C. The National Law Journal was hit with a temporary restraining order from D.C. Superior Court Judge Judith Bartnoff preventing it from publishing facts that its journalists found in publicly available documents. The court blocked the NLJ from revealing the name of a government agency investigating POM Wonderful, a pomegranate juice maker. After signing what appears to be an unconstitutional order, Bartnoff is quoted as saying “If I am throwing 80 years of First Amendment jurisprudence on its head, so be it.”
Continue reading “D.C. Judge Hits NLJ With Prior Restraint Order”
Category: Courts
I have previously written about my view that the Stolen Valor Act is unconstitutional. Now a federal judge (a bit more important) has reached the same conclusion in the case of Rick Glen Strandlof.
Continue reading “Federal Court Dismisses Prosecution Under Stolen Valor Act”
In a major ruling, United States District Court Judge Joseph L. Tauro has struck down the 1996 Defense of Marriage Act (DOMA) defining lmarriage as a union exclusively between a man and a woman. The bill was supported and signed by former President Bill Clinton. Tauro was appointed to the bench by President Nixon back in 1972.
Continue reading “Federal Court Strikes Down Defense of Marriage Act As Unconstitutional”
The Obama Administration filed a challenge of the Arizona immigration law in a move that comes with great legal and political risks. As noted in a recent column, the Arizona law remains quite popular around the country and the Administration will be in the unenviable position of arguing that increased enforcement conflicts with its own policies. Legally, the Justice Department will have to make out a case for implied preemption.
Continue reading “Obama Administration Challenges Arizona Law”
U.S. District Judge Michael M. Baylson has issued a major decision in favor of free speech and free association. In a 68-page decision, Baylson struck down Pennsylvania’s blasphemy law.
Continue reading “Federal Judge Strikes Down Blasphemy Law”
Melvin Hoffman, an Illinois lawyer with 35 years of experience, has been hit with a six-month suspension by the Illinois Attorney Registration and Disciplinary Commission for calling Judge Patrick Murphy a “narcissistic, maniacal mental case” in a telephone conference call on a family law matter.
Continue reading “Illinois Lawyer Suspended For Calling Judge a “Narcissistic, Maniacal Mental Case””
Today the Senate will begin one of the longest running Kabuki shows in history. Supreme Court nominee Elena Kagan goes to the Senate Judiciary Committee for her confirmation hearings — a process long ridiculed for its ritualized and exaggerated content. The big question is whether Kagan will abandon her previously stated position that nominees should have to answer substantive questions on their views — a rejection of the so-called “Ginsburg Rule.” I will be commenting on the confirmation process at noon on MSNBC and later on Countdown.
Continue reading “Show Time: Kagan Hearings Begin Today”
A New Orleans federal judge lifted the six-month moratorium imposed on deepwater drilling by President Barack Obama after the BP spill. In New Orleans, U.S. District Judge Martin Feldman found that the administration had failed to satisfy requirements for notice and comment from industry. The case is Hornbeck Offshore Services LLC v. Salazar, 2:10-cv-01663(E.D. La.).
Continue reading “Drill, Baby, Drill: Obama’s Deep-Drilling Moratorium Lifted By Federal Court”
The Supreme Court rejected first amendment claims and upheld a federal law on providing “material support” to foreign terrorist organizations in Holder v. Humanitarian Law Project. The material support law (found in the 1996 Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)) is the darling of prosecutors and widely ridiculed by civil libertarians for allowing virtually any act to be classified as material support. The ruling is a victory for Supreme Court nominee Elena Kagan and a loss for civil liberties. Notably, however, even the conservatives on the Court found the interpretation of the Obama Administration to be too extreme.
Continue reading “Supreme Court Rules In Favor Of Expansive Reading of Material Support Law”
The respected International Committee for the Red Cross has released a statement denouncing Israel’s blockade of Gaza as a violation of international law.
Continue reading “International Red Cross Denounces Israeli Blockade of Gaza As Violation of International Law”
In the past, I have disclosed my involvement in high-profile cases to avoid any conflict with this blog or questions why I am not posting on a particular subject. Accordingly, I wanted to confirm that I have agreed to serve as co-lead counsel in the Senate impeachment trial of Judge G. Thomas Porteous.
Continue reading “Turley Joins Porteous Defense as Co-Lead Counsel”
We have been following the sexual harassment lawsuit filed by former George Mason Clinical professor Kyndra Rotunda (wife of constitutional law professor Ron Rotunda) against George Mason Law School and Dean Daniel Polsby (left). This week, U.S. District Judge Leonie Brinkema not only dismissed the sexual harassment claims against Polsby and the school but barred Rotunda from amending her complaint.
Continue reading “George Mason Law School Wins Dismissal of Rotunda Sexual Harassment Lawsuit”
The Obama Administration appears close to doing what many thought was unthinkable from a political standpoint: opposing the enforcement of federal law for any illegal immigrants caught in Arizona. That appears to be the suggestion of John Morton, assistant secretary of homeland security for U.S. Immigration and Customs Enforcement in an interview this week.
Below is today’s column (one of two columns today on the Supreme Court) addressing the troubling exclusion of schools other than Harvard and Yale on the Supreme Court — a type of academic cartel that is damaging to both that institution and our educational and legal systems generally. Click here for the other column in USA Today. Time Magazine also ran a long story on the reliance on graduates from Harvard and Yale, here.
Continue reading “Supreme Monopoly: Kagan’s Nomination Confirms The Lack of Educational Diversity on The Court”
Below is today’s USA Today column on the confirmation process. This is one of two columns today (the other column ran in the L.A. Times) on the Kagan nomination.
Continue reading “The Confirmation Process: No Way To Select The Judicial MVP”