Category: Politics

Congress, Constitutional Law, Courts, International, Justice, Military, Politics, Things That Tick Me Off

Georgia On My Mind

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

With apologies to the writers of the famous song by the same title, I came across a small news item that didn’t make the big headlines this past week.  Our friends in Georgia just don’t seem to get the idea that their citizen soldiers deserve the same right to vote that on military members enjoy.  In the upcoming primary elections and general election cycle, Georgia has violated the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) by not providing military members the minimum amount of time between elections in order to assure that their absentee ballots arrive in time to actually be counted in the respective elections.  At least the Justice Department thinks Georgia does not have the military on its mind! Continue reading “Georgia On My Mind” →

Congress, Criminal law, Media, Politics

Walking Back On Gun-Walking

-Submitted by David Drumm (Nal), Guest Blogger

Katherine Eban of Fortune has published the results of a six-month investigation into the Fast and Furious scandal that turns the previous narrative on its head. Eban notes a fundamental misconception at the heart of the scandal: while no one disputes that straw purchasers repeatedly bought guns that fell into the hands of criminals, “five law-enforcement agents directly involved in Fast and Furious tell Fortune that the ATF had no such tactic.”

Eban points out the irony of Republicans, who support the National Rifle Association’s attempts to weaken gun laws, chiding the ATF for not interdicting enough guns.

Continue reading “Walking Back On Gun-Walking” →

Congress, Constitutional Law, Free Speech, Lawyering, Media, Military, Politics

Supreme Court Strikes Down The Stolen Valor Act

In an important win for free speech, the Supreme Court affirmed the Ninth Circuit in striking down the Stolen Valor Act — legislation that I have previously criticized (here and here) as a threat to the first amendment. The nice thing is that it was not particularly close and Chief Justice Roberts again broke with his more conservative colleagues. In United States v. Alvarez, No. 11-210, the Court held 6-3 that it is unconstitutional to criminalize lies — in that case lying about receiving military decorations or medals. Ironically, Alvarez now has something to brag about but no one will believe him.

Continue reading “Supreme Court Strikes Down The Stolen Valor Act” →

Congress, Constitutional Law, Politics, Society, Supreme Court

SUPREME COURT UPHOLDS INDIVIDUAL MANDATE IN HEALTH CARE
The U.S. Supreme Court

I am still at NBC but, as many have heard, the Supreme Court delivered a clear victory to the Obama Administration in upholding the individual mandate. However, the response may be a bit too gleeful for both those following the implications for the Court and the White House.

Continue reading “SUPREME COURT UPHOLDS INDIVIDUAL MANDATE IN HEALTH CARE” →

Columns, Congress, Constitutional Law, Courts, Justice, Lawyering, Media, Politics, Society, Supreme Court

A Bigger and Better Supreme Court

Below is my column in today’s Guardian newspaper — a further discussion of my proposal to expand the Supreme Court. While overlapping a bit with the column on Sunday in the Washington Post, the piece adds a few new details on the proposal that I first made over ten years ago.

Continue reading “A Bigger and Better Supreme Court” →

Bizarre, Congress, Politics, Society

Hornets’ Draft Pick Anthony Davis Moves To Trademark Unibrow Phrases

We have been following the runaway trademark and copyright laws with common phrases, symbols, and images being claimed as private property. (here and here and here and here and here and here and here and here and here). Now New Orleans Hornets Draft pick Anthony Davis is moving to trademark his unibrow signature phrases like “Fear the Brow” and “Raise the Brow.” To avoid one of the thuggish firms enforcing these claims, I am showing what I hope to be an unprotected unibrow.

Continue reading “Hornets’ Draft Pick Anthony Davis Moves To Trademark Unibrow Phrases” →

Constitutional Law, International, Politics, Society

Carter Denounces Obama Administration For “Widespread Abuse of Human Rights”

Former President Jimmy Carter has joined civil libertarians in denouncing President Barack Obama for his “widespread abuse of human rights” by authorizing drone strikes to kill suspected terrorists. Obama has continued the drones strikes despite the public demand of Pakistan and other countries that he stop the attacks on sovereign territory. While the United States would never tolerate such attacks on our soil and would treat them as an act of war, Obama officials have said that the attacks will continue so long as it views them to be in our national interest. Carter also denounced Obama’s continued use of Guantanamo Bay, his continuation of abusive surveillance programs, denial of privacy protections of citizens and other violations.

Continue reading “Carter Denounces Obama Administration For “Widespread Abuse of Human Rights”” →

Academia, Bizarre, Courts, Lawyering, Media, Politics, Society, Supreme Court

The Limits of Civility: How A Proposal On Reforming The Supreme Court Unleashed A Torrent Of Personal Attacks

As many on this blog know, I rarely respond to criticism of columns that I run in USA Today or other newspapers. As a columnist, I feel that I am given a rare opportunity to express my views and criticism comes with the territory. However, I was taken aback by many of the comments in response to my Sunday column in The Washington Post discussing my proposal for the expansion of the United States Supreme Court. Though the proposal was given serious and supportive reviews by some sites like Forbes, some conservatives immediately assumed that I was a liberal simply upset with the anticipated ruling striking down the individual mandate provision of the health care law. When another law professor and blogger (Ann Althouse) joined this ill-informed and uncivil chorus, I thought I would respond. This blog has always strived to maintain a strict civility rule — distinguishing it from many other blogs by discouraging and sometimes eliminating ad hominem and personal attacks. Yet, I am still surprised by the lack of civility and responsibility by many — particularly fellow lawyers and academics — in responding to such proposals. [Update: Professor Ann Althouse has responded to my call for greater civility with a new blog entitled “Jonathan Turley’s civility bullshit about my calling ‘bullshit’ on his Court-packing plan.” Notably, Professor Althouse does not address the fact that she was completely wrong in claiming that I was motivated by dislike for the anticipated ruling striking down the individual mandate in the health care case. (Apparently both civility and factual accuracy fall into the same “BS” category for Professor Althouse).]

Continue reading “The Limits of Civility: How A Proposal On Reforming The Supreme Court Unleashed A Torrent Of Personal Attacks” →

Bizarre, Criminal law, Politics, Society

Extreme Judicial Makeover: Utah Judge Orders Mother To Cut Off 13-Year-Old Girl’s Ponytail Or Accept Longer Detention

I have previously and repeatedly written against the use of shaming and novel sentencing by judges around the country (here and here and here). Judges often thrill the public by imposing their own forms of justices — departing from conventional criminal sentences to force people to clean courtroom with toothbrushes, wear demeaning placards, or carry out publicly humiliating tasks. Now, Utah District Juvenile Judge Scott Johansen has joined this circus of judicial Caesars after giving a mother the choice to cut off his daughter’s ponytail in front of him or accept a longer sentence. The mother, Valerie Bruno, relented and cut off Kaytlen Lopan, 13,in the courtroom.

Continue reading “Extreme Judicial Makeover: Utah Judge Orders Mother To Cut Off 13-Year-Old Girl’s Ponytail Or Accept Longer Detention” →

Academia, International, Politics, Religion, Science, Society

Ancient Rome, Japan and the Interconnected World
Roman Glass Bead
Photo By Nara National Research Institute/AFP (c) 2012, Used without permission.

by Gene Howington, Guest Blogger

In the 5th Century CE, the world was a much more isolated place than it is today but it was still interconnected. Most people lived and died within 30 miles of where they were born. Yet even then, the world was an interconnected place where the far reaches could touch one another. Travel was restricted to by foot, horseback or boat. Regular communication depended upon trade routes or carrier pigeons. However, distance and geographical isolation did not prevent distant parts of the world from knowing about each other. The impact of foreign countries within a given country in the ancient world, both near and far, raises some interesting questions about interconnectedness, influence and the impact of telecommunications and air travel on the modern world. For context, let’s consider this recent archaeological find announced by the Nara National Research Institute for Cultural Properties.

Continue reading “Ancient Rome, Japan and the Interconnected World” →

Academia, Constitutional Law, Politics, Religion, Science

Loch Ness Monster Disproves Evolution

-Submitted by David Drumm (Nal), Guest Blogger

That’s the kind of science nonsense that Louisiana’s taxpayers are going to be funding this upcoming school year. Governor Bobby Jindal’s bill will divert public school funds to pay for vouchers for students to attend private Christian schools like Eternity Christian Academy, in Westlake, LA.

The Eternity Christian Academy follows the Accelerated Christian Education (ACE) curriculum. What comprises the ACE science curriculum?

Continue reading “Loch Ness Monster Disproves Evolution” →

Academia, Columns, Congress, Constitutional Law, Courts, International, Justice, Lawyering, Media, Politics, Society, Supreme Court

The Nineteen Member Court: The Case For Expanding The United States Supreme Court

Below is today’s column in The Washington Post Sunday Outlook. Due to the normal space restraints, the original article had to be cut down. Given the high number of comments and questions about the proposal (which I first made years ago) for the expansion of the Supreme Court, I have posted the longer, original piece. That longer version addresses some of the questions raised by readers.

Continue reading “The Nineteen Member Court: The Case For Expanding The United States Supreme Court” →

Bizarre, Politics, Society

Blazing Parody or Not?

by Gene Howington, Guest Blogger

Georgia is in the news again concerning the Ku Klux Klan.  But unlike the recent story where the KKK were denied the right to adopt a stretch of highway, the current scandal surrounds Roger Garrison.  Garrison is a 30 year law enforcement veteran and is currently running for re-election as Sheriff of Cherokee County, a position he has held for the last 20 years. The issue is a photograph of Garrison at a 1985 costume party obtained from an anonymous source by WSBT television reporter, Jodie Fleischer. The costumes of choice? KKK robes and hoods.  (Picture below the fold.)

Continue reading “Blazing Parody or Not?” →

Academia, International, Media, Military, Politics, Society, Uncategorized

Missing the Point When the Point is Obvious

Submitted by: Mike Spindell, guest blogger

“There were 154 suicides among active-duty troops in the first 155 days of the year, according to a recent report from the Associated Press, a number that is 50 percent higher than the number of U.S. forces killed in action in Afghanistan over that time period. It is the highest rate in 10 years of war.” http://www.washingtonpost.com/blogs/federal-eye/post/panetta-calls-rise-in-military-suicide-troubling-and-tragic/2012/06/22/gJQAnQSPvV_blog.html

The above quote was taken from an article in yesterday’s Washington Post. The article was about a statement made by Defense Secretary Leo Panetta http://en.wikipedia.org/wiki/Leon_Panetta speaking to a Department of Defense and Veterans Affairs annual conference on suicide prevention in the military.

“Panetta called suicide in the military “perhaps the most frustrating challenge” he has faced since becoming secretary of defense last year.

 There are no easy answers, but that is no damn reason for not finding the answer to the problem of suicide,” Panetta told attendees at the departments of Defense and Veterans Affairs annual conference on suicide prevention in the military.

 The conference heard Thursday from a panel of family members who spoke of what they said was the military services’ failure to provide appropriate and timely mental health care to service members who had sought help.”

 “The stories told by the family panel members run counter to the prevailing wisdom that the biggest hurdle in trying to prevent suicide in the military is the stigma associated with seeking help, noted Bonnie Carroll, president and founder of Tragedy Assistance Program for Survivors (TAPS), a military family group that organized the panel.

 “We were hearing about folks who said, ‘I want to get help, I want to be better, I have a lot to live for,’ but were not getting that help,” Carroll said.

 “In his address Friday morning, Panetta said that it is the responsibility of leaders from non-commissioned officers on up to ensure that troops showing signs of stress be “aggressively” encouraged to seek help. “We have to make clear we will not tolerate actions that belittle, that haze individuals, particularly those who seek help,” he said. Panetta said concerns about access to behavioral health care prompted his decision earlier this month to order a service-wide review of mental health diagnoses. The action followed an Army investigation into concerns that some soldiers had their diagnoses reversed because of the costs of caring for them. “

Let me be fair and say that I have no doubt as to the sincerity of Secretary Panetta in wanting to deal with this issue and I approve of all efforts to get treatment both psychologically and emotionally to provide our troops with all the assistance they need. However, as much effort as is put into solving this problem by the powers that be, the essential issue is that war is horrible and our country has now engaged in two wars that have lasted almost a decade. Beyond that, as these wars have worn on it has become increasingly obvious to all concerned that there was no need to fight them in the first place. Our troops are not stupid and I believe despite the great efforts to indoctrinate them with purpose, they recognize the futility of their efforts. If I’m correct then how does a rational human being connect the constant dangers and bloody revulsion they must feel, with the reality of their service? Continue reading “Missing the Point When the Point is Obvious” →

Media, Politics

The ABCs Of State Liquor Control

-Submitted by David Drumm (Nal), Guest Blogger

We have previously discussed the socialistic nature of state liquor boards even in conservative states. Radley Balko takes exception to the “salvo” at conservatives and links to two states, Virginia and Pennsylvania, wherein he claims Republicans are trying to privatize their state’s liquor business, while Democrats oppose their efforts.

Alcohol distribution uses a three-tier system: producers, distributors, and retailers. Eighteen states exert varying degrees of control over the three tiers, and, in some states, the control depends on the alcohol content of the beverage.

Continue reading “The ABCs Of State Liquor Control” →