The Supreme Court justices have voted to end one of the most important symbols of American justice: the open doors of justice at the Supreme Court building. Visitors have always entered through the massive doors which represented the access of citizens to our legal system. In yet another case of security trumping all other considerations, the justices voted to close the doors to citizens (and to use new doors located in a more secure location).
Continue reading “Supreme Court Closes Front Doors To Visitors In The Name of Security”
Category: Courts
There is an interesting lawsuit filed over Cuyahoga Court of Common Pleas Judge Shirley Strickland Saffold who is suing the Plain Dealer over disclosing her identity and that of her daughter after the posted anonymous comments on articles. They are seeking $25 million in compensatory damages and $25 million in punitive damages for alleged breach of contract and invasion of privacy. Her lawyer admitted that the judge may indeed have posted under the pseudonym “Lawmiss.”
Continue reading “Lawmiss: Judge Refuses to Recuse Herself While Suing Newspaper For Revealing Her Identity in Anonymous Postings”
Below is my column this morning on conflicts forming around non-discrimination laws and free exercise. Much of the attention this term in the Supreme Court has focused on the campaign finance ruling striking down limits on corporate spending. However, an equally (if not more) important case has been given little attention before its oral argument on April 19, 2010. Christian Legal Society v. Martinez is the classic “sleeper case”: a case that has a low profile but could have a sweeping impact on our society. While the immediate issue is the refusal of the Hastings College of Law in California to recognize the Christian Legal Society (CLS) as an official student organization, it is a case that could address a growing conflict between anti-discrimination laws and the free exercise of religion. The question is whether anti-discrimination laws are themselves discriminatory against some faith-based organizations. Notably (while it was cut for space), we have followed other cases around the country and the world. This includes Philadelphia evicting the Boy Scouts from a historic building after over 70 years (here).
This is not a unique problem for the United States. For example, in England, the famous Jewish Free School (founded in 1732) denied entry to a student because he was not viewed as Jewish under orthodox rules since his mother was not Jewish as opposed to his father. (His mother converted to Judaism). An appellate court ruled that the use of such religious principles violated anti-discrimination laws and that the school had to admit students that it does not consider Jewish (here).
Universities have also struggled with the line between non-discrimination and religious values. Harvard recently was criticized for setting aside time in a student gym for only women to accommodate the customs of Muslim women who could not exercise in the presence of males (here).
Here is the column:
We have been following the steady decline of free speech in the West (here and here and here) and we have another interesting case on criminal charges for uttering prohibited thoughts. Germany has long made it a crime to deny the holocaust. Now, controversial British clergyman Richard Williamson has started a trial in Germany on Friday for his denial that the Nazis had systematically murdered millions of Jews.
Continue reading “Germany Prosecutes Bishop for Questioning the Holocaust”
There is a firestorm of controversy this morning over a piece that ran on the CBS blog by Ben Domenech, a former Bush administration aide and Republican Senate staffer. In his blog, Domenech alleged that Solicitor General (and possible Supreme Court nominee) Elena Kagan is a lesbian. The White House went ballistic and called the story false. CBS stood by the blogger and then issued an apology, saying that it was based on pure speculation.
Continue reading “CBS Deletes Blog After White House Denounces Column Alleging Kagan Is a Lesbian”
We previously discussed the Westboro ruling imposing costs on the family of a dead soldier. Here is my column from today on that case and the proposal for legislative reform.
Continue reading “Westboro and The Need For Congressional Action to Preserve Our Open Courts”
Below is today’s column on the retirement of Associate Justice John Paul Stevens.
Continue reading “John Paul Stevens: The Uncalled Shot”
Today John Paul Stevens officially announced that he will resign at the end of this term. As I state in today’s column in USA Today, it is the end of an era for liberals. I discussed the issue on this segment of Countdown.
Continue reading “John Paul Stevens Retires”
There is an important ruling out of Redding where a federal judge has ruled that California violated the rights of Barry Hazle Jr.,40, by punishing him for refusing to participate in a religious drug treatment program. It is a rare ruling in favor of an atheist under the Establishment Clause.
Continue reading “Atheist Wins Establishment Challenge to Faith-Based Treatment Program”
The Federal Communications Commission lost a major decision to Comcast when the D.C. Circuit ruled that it does not have the legal authority to slap Net neutrality regulations on Internet providers on Tuesday.
Continue reading “Court: FCC Lacks Authority To Impose Net Neutrality”
Many civil libertarians and liberals were critical of President Barack Obama’s selection of Sonia Sotomayor to replace David Souter. Sotomayor voted with conservatives on the Second Circuit in key police abuse and free speech cases. (here and here and here and here. At the time, many of us opined that Obama would not dare appoint such a nominee to replace liberal icon John Paul Stevens. If the three candidates leaked by the White House on the short list is any indication, there is a two out of three chance that he will do precisely that.
Continue reading “An Uneasy Feeling: Obama’s Short List Reportedly Includes Two Controversial Possible Nominees”
Venezuelan President Hugo Chávez continues his steady move toward totalitarian rule with his crackdown on critics, the media, and now judges. After Judge María Lourdes Afiuni issued a ruling that Chávez did not like, Chavez attacked her on television and had her arrested and thrown into jail.
Continue reading “Chavez Cracks Down on Judges and Journalists”
Supreme Court Justice John Paul Stevens has stated that he “will surely” retire while President Barack Obama is still in office — leaving open only whether he will retire this year or wait later in Obama’s term.
Continue reading “Justice Stevens Declares That He Will Resign During Obama’s Term”
U.S. District Judge Charles Clevert has handed down a fascinating decision striking down a Wisconsin law banning hormone therapy for transgender inmates.
Continue reading “Wisconsin Judge Strikes Down State Law Banning Hormone Therapy For Transgender Inmate”
Below is today’s column on the constitutional challenges to the health care legislation. I will be participating in a live chat at 1:00 p.m. at the Forum with USA Today. Continue reading “Is the Individual Mandate Constitutional?”