Here is my column in USA Today (which was posted yesterday but will run in print on Monday) on the charge that Judge Vinson is an activist after his striking down of the entire health care plan. While I did not view the opinion as particularly strong in its substantive analysis and did not like the rhetoric flourishes (as discussed with Lawrence O’Donnell this week), I find the charge of activism to be a bit forced over the issue of severability.
Continue reading “The Ford Pinto Act: Is The White House Claim of “Activism” Fair?”
Category: Lawyering
Submitted by Mark Esposito, Guest Blogger
California professional golfer (and former police officer) Lana Lawless is challenging the LPGA’s rule requiring tournament participants to be “female by birth.” The LPGA has ruled, according to Lawless, that as a transgender woman, she is ineligible to compete. The rule seems to fly directly in the face of California’s Unruh Law which holds that all people in the state are “free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”
Continue reading “Playing It Straight: LPGA’s “Female By Birth” Rule Challenged”
-Submitted by David Drumm (Nal), Guest Blogger
The Florida Bar has filed a complaint with the Florida Supreme Court against attorney John Stemberger, accusing him of violating legal rules of conduct regarding his handling of the Rifqa Bary case. Rifqa Bary was the Muslim girl who converted to Christianity and then ran away from her Ohio home claiming that she was an intended victim of an honor killing. She was returned to Ohio and placed into the custody of Franklin County Children Services, until her 18th birthday on 10 August 2010.
She became a cause célèbre for right wing evangelicals.
Just when he probably thought that it could not get much worse than losing to the Packers in a home game, Rahm Emanuel has lost his fight to get on the ballot. The court just ruled that he is ineligible.
Continue reading “Court: Rahm Emanuel Not Eligible to Run for Mayor”
Here is today’s column in the Washington Post on the controversy over Justice Scalia’s appearance on Monday in a Tea Party Caucus event for new House members. I view the issue as having broader implications for the Court.
Continue reading “Scalia and the Rise of the Celebrity Justice: Should Justices Have a Political Base?”
Common Cause has sent the letter below to Justice Clarence Thomas raising concerns over his failure to report his wife’s income in prior years. For full disclosure, I have conferred with Common Cause on this nondisclosure issue and participated as an independent expert in the press conference yesterday on the absence of binding ethics rules for the members of the Supreme Court.
Continue reading “Justice Thomas Accused of Reporting Violations”
I just participated in a press conference (with Stanford Professor Deborah Rhode) dealing with Common Cause’s letter (below) asking the Justice Department to look into alleged conflicts of interest related to Justices Scalia and Thomas in the Citizens United case. Common Cause identified extremely serious issues related to the participation of Scalia and Thomas in events organized by Koch Industries CEO Charles Koch as well as Ginny Thomas’ involvement in Liberty Central.
Continue reading “Should Scalia and Thomas Be Retroactively Recused From Citizens United?”
Hugo Chávez continues his assault on political and legal protections in Venezuela. In a move that has been denounced internationally, including by Amnesty International, Chávez demanded the arrest of Judge María Lourdes Afiuni after she granted bail to an accused banker. He is demanding 30 years in prison even though his prosecutors could find no bribe (as he originally alleged on the radio). Instead, they found “spiritual corruption” and threw her in jail with many convicts that she previously incarcerated.
Continue reading ““Spiritual Corruption”: Chávez Jails Judge Who Granted Bail To Banker”
U.S. District Judge John McBryde of Fort Worth, Texas has issued a massive opinion holding attorneys S. Tracy Long, Melvin K. Silverman, Joseph F. Cleveland, Jr., and John P. Gillig liable for ethical breaches and recommending criminal prosecution after they challenged his impartiality and temperament in a case. The lengthy opinion below details the case against the lawyers in litigation over golf club patents. What is most striking about the case is the decision of the judge to conduct the inquiry himself — rejecting obvious concerns over his own conflict of interest in eliciting testimony on his own conduct. [See the update below]
In Kentucky, Kenton Circuit Court Judge Martin Sheehan has put an end to a relatively rare case of a lawyer suing a prosecutor for defamation. The lawsuit by lawyer (and radio personality) Eric Deters against Kenton Commonwealth’s Attorney Rob Sanders was thrown out on the basis that comments made about Deters were merely opinion.
Continue reading “Court Dismisses Defamation Lawsuit by Lawyer Against Prosecutor”
Michael Haydon, 44, is having a Perry Mason moment. Just as his case appeared unwinnable for the prosecutors, a surprise witness has popped up in court . . . his best friend . . . his German shepherd, Boomer. The Court has ruled that prosecutors in Wisconsin may introduce DNA evidence from his dog at his upcoming murder trial.
Continue reading “The Hair of the Dog That Bit You: Man Faces His Own Dog in Murder Trial”
While the legal profession debates the propriety of his decision to participate in the educational sessions for conservative new members of Congress, Associate Justice Antonin Scalia is also causing a stir over his public statement that the 14th Amendment does not prohibit discrimination against women or gays.
Continue reading “Scalia Publicly Rejects the Use of the 14th Amendment to Bar Discrimination Against Women and Gays”
Vermont lawyer Melvin Neisner Jr. has been suspended but not disbarred after he caused a car accident in September 2007 and then had his wife falsely claim that she was the driver — even watching as she was arrested and charged with the accident.
The court in the trial of Casey Anthony has been asked to bar questions over her sex life and habits. She is accused of killing her 2-year-old daughter Caylee. Police have gathered evidence on such facts as whether she was “clingy” after sex or had unprotected sex.
Continue reading “Is It Relevant Whether Casey Anthony Was “Clingy””
I just saw this story on ABA Journal as a cautionary warning to those lawyers who allow their emotions to get ahead of their judgment. Two Florida lawyers — Nicholas Mooney and Kurt Mitchell — have been sanctioned for an exchange of emails that included such notable comments as one calling the other a “scum sucking loser.” The state supreme court was not amused.
Continue reading “Uncivil Action: Florida Lawyers Sanctioned for Email Exchanges”