Category: Politics

Congress, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Uncategorized

War on the Poor

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By Lawrence E. Rafferty, (rafflaw) Weekend Blogger

We have all heard of the so-called War on Drugs and the recently maligned War on Poverty, but I submit that the real war we should be worried about is the War on the Poor of this country.  The War on Drugs has not done much to stop the use of illegal drugs and the recent legalization of the sale of marijuana in Colorado may be a small step in the direction of ending the War on Drugs which has only succeeded in jailing thousands on minor drug offenses.  The African-American community has been especially hard hit by this failed attempt to end the use of illegal substances.

However, the War on the Poor is in full swing and seems to be succeeding.  One only has to look at the Farm Bill which is set to cut the SNAP program by anywhere between the $4 Billion in the Senate version and the $40 Billion in the House version.  At a time when this same Congress is refusing to extend unemployment compensation, they are attempting a monumental double whammy by cutting the ability of the needy to survive by cutting Food Stamps.  Continue reading “War on the Poor” →

Academia, Animals, Bizarre, Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Religion, Science, Society, Supreme Court, Torts

In Memory Of David Blair Drumm, 1948-2013

Last available picture of David from 2012
Last available picture of David from 2012
It is with the greatest personal sadness that I have to report the death of a cherished member of our blog family. David Blair Drumm passed away on December 18, 2013 in Austin, Texas. David was there at the very beginning of this blog and remained one of its staunchest supporters. Through the years, David was a rock who not only brought reasoned and calm analysis to posts but also to the management of the blog. He started as a regular commentator under the name “Nal” and I then invited him to write on the weekends. He played the role of editor as well as writer. (Indeed, I am worried about this memorial since David often caught the many typos that I would leave in early morning postings). I came to trust him absolutely in his judgment and analysis. I considered him a good friend and one of the most important influences on this blog. David wrote as a Weekend Blogger for years, sharing his insights into religion, politics, and his always popular “Find the Kitteh” contest. Our success is due in no small part to David Drumm and this blog, I hope, will remain a testament to his work and his memory. To that end, we are dedicating the entire blog today to David and his work. He was a brilliant electrical engineer, a profound writer, a passionate civil libertarian, and most importantly a fierce and loyal friend to our blogging community. Continue reading “In Memory Of David Blair Drumm, 1948-2013” →

Constitutional Law, Courts, International, Media, Politics

Obama Declares “Reforms” While Dismissing Influence Of Snowden on NSA

President_Barack_ObamaNSA logo smallI just listened to the NSA speech by President Obama and as expected there is precious little in terms of real change. For civil libertarians, it is a nothing burger served hot and with a sympathetic smile. It is much of the same. Another review board composed of government officials. Another promise for the Executive Branch to review itself. I am in Salt Lake City today on the Sister Wives case, but I am struck by the absence of civil libertarians on the coverage by the networks. I will have to run to court but I was underwhelmed. It seemed like another attempt to reinvent privacy in a new surveillance friendly image.

Continue reading “Obama Declares “Reforms” While Dismissing Influence Of Snowden on NSA” →

Bizarre, Congress, Constitutional Law, Politics

Feel The Difference: Al Franken Finds One Surveillance Program He Can Denounce

Sen. Al Franken (D-Minn.)
Sen. Al Franken (D-Minn.)
UnknownAfter outraging many civil libertarians for his attacks on Edward Snowden and support of the Obama surveillance programs, Sen. Al Franken (D-Minn.) has finally called for answer on the tracking of citizens . . . by Ford Motor Company.

Continue reading “Feel The Difference: Al Franken Finds One Surveillance Program He Can Denounce” →

Criminal law, Politics, Religion

A New Year’s Resolution? Iran Executes 40 People Since The First Of The Year

330px-The_Hanging_by_Jacques_CallotIran has been on a killing spree of late. According to the Iran Human Rights Documentation Center (IHRDC) and Amnesty International have reported Iranian has executed some 40 people, including 19 in one day. Having executed 529 people in 2013, Iran seems on course to another banner year of Sharia excess.

Continue reading “A New Year’s Resolution? Iran Executes 40 People Since The First Of The Year” →

Constitutional Law, Criminal law, International, Politics, Religion, Society

Afghan Atheist Granted Asylum Rather Than Return To Afghanistan Due To The Denial of Basic Rights and Protections

158px-flag_of_afghanistansvgThere is an important ruling in England where an Afghan man is believed to have become the first atheist to be granted asylum based on his rejection of religion. The 23-year-old had good reason to fear that if he returned to Afghanistan, he would be persecuted. While the United States has poured hundreds of billions of dollars into the country, the government continues to reject the most basic civil liberties as well as the separation of mosque and state. The punishment is particularly likely for Muslims who reject their faith. They are considered blasphemers and apostates. What is interesting is that we continue to support Afghanistan when the abuses of that government are now viewed as a basis for asylum in England. We now have the ignobility of one ally (England) trying to protect innocent people from another ally (Afghanistan). More importantly, we still have people putting themselves at risk for a government that denies the very rights that define us as Americans in favor of a rigid religious orthodoxy.

Continue reading “Afghan Atheist Granted Asylum Rather Than Return To Afghanistan Due To The Denial of Basic Rights and Protections” →

Constitutional Law, Courts, Politics, Society

Federal Judge Strikes Down Oklahoma Ban On Same-Sex Marriage

Oklahoma flagU.S. District Judge Terence Kern is under fire today from religious conservatives as an “activist judge” after he joined a growing list of federal judges striking down bans on same-sex marriage. Kern found that the state law violated the U.S. Constitution’s equal protection clause. What is most interesting is that, like the earlier Utah ruling, Kern relies heavily on last summers rulings in Windsor and Hollingsworth. While Windsor had positive language for same-sex couples, the Court actually avoided the merits of the constitutional question on equal protection in favor of leaving the matter to the states in striking down the Defense of Marriage Act (DOMA). Yet, courts are reading the ruling as a green light for broader constitutional rulings on the federal level.

Continue reading “Federal Judge Strikes Down Oklahoma Ban On Same-Sex Marriage” →

Constitutional Law, Courts, Criminal law, Politics, Society

Pay To Play: Seventh Circuit Upholds $30 Booking Fee For All Arrests — Regardless Of Later Acquittal

200px-disneyqueenheartsWoodridge, Illinois, outside of Chicago, has a curious way of meting out justice. You may have a presumption of innocence under the Constitution, but if police arrest you, you still have to pay for the pleasure of the arrest. Starting this year, anyone arrested in a Chicago suburb must pay a $30 booking fee . . . even if they are found innocent.

Continue reading “Pay To Play: Seventh Circuit Upholds $30 Booking Fee For All Arrests — Regardless Of Later Acquittal” →

Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

Supreme Court Takes Up Challenge To Obama’s Appointment Authority

Supreme CourtPresident_Barack_ObamaRecently, I testified on the concentration of authority in the Executive Branch and an array of unconstitutional acts committed by President Barack Obama in the circumvention of Congress. For prior columns, click here and here and here and here. One of the key areas discussed in my testimony was the President’s abuse (in my opinion) of his recess appointments power. I have two law review articles out on the issue. See Jonathan Turley, Recess Appointments in the Age of Regulation, 93 Boston University Law Review ___ (2013) and Jonathan Turley, Constitutional Adverse Possession: Recess Appointments and the Role of Historical Practice in Constitutional Interpretation, 2103 Wisconsin Law Review ___ (2013). Now the issue is to be heard today by the Supreme Court in Noel Canning v. NLRB, No. 12-1115.

Continue reading “Supreme Court Takes Up Challenge To Obama’s Appointment Authority” →

Constitutional Law, Politics, Science, Society

Supreme Court Rejects Arizona Appeal of Abortion Restrictions

Supreme CourtThe United States Supreme Court on Monday turned aside Arizona’s appeal to reinstate its law banning most abortions after 20-weeks. In Horne v. Isaacson (13-402), the state asked the Court to review the decision of the United States Court of Appeals for the Ninth Circuit. It declined to do so.

Continue reading “Supreme Court Rejects Arizona Appeal of Abortion Restrictions” →

Academia, Politics, Society

Alabama State University Board Requires New President To Agree Not To Have Lovers Stay At Presidential Mansion For Extended Period

image.aspxThere is a bizarre contract controversy involving the new president Alabama State University, Gwendolyn Boyd. She is entitled to live in the presidential residence, which is pretty standard. What is not standard is the condition placed in her contract by the board: she cannot have lovers stay overnight for any extended period of time. Boyd, you see, is unmarried.

Continue reading “Alabama State University Board Requires New President To Agree Not To Have Lovers Stay At Presidential Mansion For Extended Period” →

Courts, Lawyering, Politics, Society

Indianapolis Judge Suspended Pending Possible Removal After Finding Of Dozens Of Violations

-tckbrown25.381458.jpg20061020The Indiana Supreme Court has suspended Marion Superior Judge Kimberly J. Brown pending a decision on final disciplinary action on misconduct charges. The suspension with pay could be followed by an order to remove Brown from the bench after a three-judge panel found clear and convincing evidence against her on 46 out of 47 counts of judicial misconduct. That is quite a record since Brown has yet to finish her first term.

Continue reading “Indianapolis Judge Suspended Pending Possible Removal After Finding Of Dozens Of Violations” →

Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics

Whistlebowers Past and Present

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

In recent weeks and months, we have all heard and read the many articles and stories about the whistleblower Edward Snowden and his disclosure of enormous amounts of NSA “secrets”.  His disclosures have exposed what the NSA was really doing, which is spying on practically every American’s metadata online and on the phone.  His disclosures have also put on display what happens to a “whistleblower” in this day and age.  He has been forced to flee his home country and is currently living in exile in Russia.

Just what were his crimes that made him fear for his safety and raised doubts as to whether he would ever be given a fair trial for his alleged disclosures of secret material and programs?  He did what any good American should do and that is expose illegal or immoral governmental activities and allow the American public to decide whether its government is acting legally and fairly. Didn’t he?

You may think his disclosures were an unprecedented example of a citizen uncovering and disclosing government programs designed to, at best, skirt the line of legality by spying on Americans, but you would be wrong. Continue reading “Whistlebowers Past and Present” →

Congress, International, Military, Politics, Society

Perpetual War And America’s Military-Industrial Complex 50 Years After Eisenhower’s Farewell Address

220px-Eisenhower_in_the_Oval_Office220px-B-2_spirit_bombingBelow is my article this weekend in Al Jazaerra on the powerful lobby and industry supporting our various conflicts abroad as well as counterterrorism efforts. I previously testified before Congress on this industry and the government’s inflation of counterterrorism numbers to justify huge domestic budgets at the Justice Department FBI, and other agencies. I wrote the article for the anniversary this month of Eisenhower’s famous Military-Industrial Complex speech.

Continue reading “Perpetual War And America’s Military-Industrial Complex 50 Years After Eisenhower’s Farewell Address” →