For people who value the Rule of Law, the last Republican debate reached a new low. One would think that the promise of war and torture has now replaced work and taxes as the main issues for voters. To their great credit, John Huntsman and Ron Paul stood against torture as “unAmerican.” However, as noted in prior blogs, Herman Cain and Michele Bachmann called for the use of torture in the resumption of the waterboarding program. In the meantime, Gingrich called for yet another war: this time against Iran unless it yields to our demands. He and Santorum appeared to add promises of the murder of scientists as part of their package of promised presidential acts. I will be moderating a debate on torture this week organized by Ralph Nader’s “Debating Taboos” program.
Continue reading “War and Torture: The Platform of the Future?”
Category: Politics
There is an interesting controversy out of the Republican debates where Rep. Ron Paul was given just 90 seconds to speak during a 90 minute debate. I have never hidden my admiration for Paul for his courageous positions on issues like torture and his opposition to the various wars. What is particularly troubling is that Paul used his limited time (as did John Huntsman) to speak out against torture. We have previously discussed whether the mainstream media is actively marginalizing the candidate. On this occasion, however, it appears to have been an intentional decision by CBS in the South Carolina debates.
Continue reading “Ron Paul Get 90 Seconds in 90 Minute Debate”
Respectfully submitted by Lawrence Rafferty(rafflaw)-Guest Blogger
Ever since the legal challenges to the Affordable Care Act, or as it is better known, Obamacare began, the pundits have kept a scoreboard on which courts have approved of the individual mandate to buy insurance, and which courts have disapproved of the constitutionality of the mandate. The latest Appellate Court to come down with its decision was the Court of Appeals for the District of Columbia. It may not surprise anyone that the court came down in favor of the legislation approving the individual mandate, but it may surprise you just who comprised that appellate panel. Continue reading “Conservative Take on Obamacare”
Submitted by Gene Howington, Guest Blogger
The GOP Debate on Foreign Policy was held at Wofford College in Spartanburg, South Carolina on Saturday night. The debate was not on a topic the GOP Presidential hopefuls looked forward to as the Obama Administration – despite their many serious flaws – has had some success in the area of foreign policy. This is not to say that the Obama Administration’s performance in the area of foreign policy hasn’t been realistically uneven, but they’ve had enough victories to make the topic less than easy pickings for the usual mud-slinging of the campaign trail.
What was more telling than the absence of effective smear or substantive criticism was when the subject of waterboarding came up. Would you vote for a candidate that advocates breaking the laws and violating the Constitution of this country? Apparently politicians not only think you will, but now consider it a selling point if the laws they advocate breaking involve torture.
Continue reading “Fear and Torture on the Campaign Trail 2011”
Below is my column today in The Washington Post. The article explores the famed Katz test and whether, in trying to save privacy in America, the Supreme Court may have laid the seeds for its destruction. The test ties our privacy protections to our privacy expectations. Thus, as our expectations falls, warrantless surveillance rises — causing our expectations again fall and in turn allowing warrantless surveillance to rise further. It becomes a face to the bottom of privacy. The terrible truth is that the death of privacy in America will not be accompanied by thunderous applause, but a collective yawn from an indifferent people. Here is the column.
Continue reading “How Much Privacy Do You Expect? The Death of Privacy In America”
By Mike Appleton (Guest Blogger)
The sexual harassment controversy currently surrounding the Herman Cain campaign has produced the expected responses. The candidate has vigorously denied all of the accusations and his defenders have hurled a few of their own, alternately blaming both Republican rivals and Democrats for the scandal and questioning the motives and veracity of the alleged victims. The accounts of the women who have come forward have been truly disturbing, but what is almost as disturbing are the public statements of Mr. Cain’s newly retained attorney, Lin Wood.
Two Malaysian states are moving to further increase the punishment of homosexuality in their enforcement of Sharia law. New laws in Pahang and Malacca would increase penalties beyond the current provisions allowing for up to 20 years in prison and caning. What is interesting is that the laws are designed to guarantee consecutive sentencing so that the local punishment would be in addition to the federal punishment.
Continue reading “Malaysian States To Force Homosexuals To Appear Before Sharia Courts For Added Punishment”
A new poll below shows just how wedded the American voters are to faith-based politics. Two-thirds of voters say that it is very important (39%) or somewhat important (28%) for a presidential candidate to have strong religious beliefs. However, it has to be the right religion. Forty-three percent admitted that they would be uncomfortable with a Mormon in the White House. The numbers are even greater in opposition to a Muslim (64%). However, it is an atheist that draws the most universal opposition. Sixty-seven percent say they would not want an atheist in the White House. It would indicate that the attacks on atheists (and here) in this country and abroad may be resonating with voters and that faith-based politics remains good politics for candidates.
Continue reading “Poll: Americans Want A Faithful President But The Right Faith”
The investigation into the Solyndra debacle took an embarrassing turn for the White House after emails show Biden staff . . . well . . . passionate over the prospects of funding the company with more than a half billion dollars in government loans awarded to Solyndra. Not only do emails shows a powerful donor did heavily lobby the White House, but one email says “They about had an orgasm in Biden’s office when we mentioned Solyndra.”
Continue reading “I’ll Have What She’s Subsidizing: Biden Staff Described as Orgasmic Over Solyndra”
Texas Governor Rick Perry appears to want to streamline government . . . if he can just remember which major agencies will be eliminated. I include this tape not to mock Perry — I have previously stated my disregard for politicians in both parties. Rather, in my classes, I have a policy that students cannot read from their notes or their computers in presenting a case. The reason is that I often see lawyers in court who read from notes out of habit. It is a habit formed in law school. What I have found is that students who are barred from using notes tend to develop excellent skills of presentation and quickly become comfortable with speaking without a crutch. I am not saying that this is Perry’s problem who simply appears to have the type of mental block that we all experience from time to time. However, for lawyers and law students, it is a familiar problem in oral presentations. It is a painful 53 second to watch, but it is not an uncommon problem for public speakers and lawyers alike.
Continue reading “A Lack of Education or Energy? Perry Gaps on Third Agency To Be Axed”
As fellow law professor sent me this video of Oakland police shooting a photographer. The video raises serious questions of the unjustified use of force.
Continue reading “Video: Oakland Police Officer Shoots Photographer With Rubber Bullet Without Any Apparent Provocation”
As discussed in a prior column, many civil libertarians view President Barack Obama as betraying core civil liberties in expanding on Bush-era surveillance programs, secrecy orders, and other measures. Now, even conservative justices are questioning the Administration’s demand to be able to engage in round-the-clock surveillance of citizens without a warrant using GPS technology. The sweeping new claim would gut the protections of the Fourth Amendment in the latest attack on civil liberties by Barack Obama.
Continue reading “Obama Administration Argues For “Orwellian” New Powers To Track U.S. Citizens”
The Texas Dept. of Public Safety will not revoke or suspend the license of Crockett Keller, a handgun instructor who ran a radio ad telling Muslims and non-Christian Arabs that he would not teach them how to handle a firearm. Keller has agreed that he will train Muslims while adding that he views them as “the enemy.”
Below is my column today in The Los Angeles Times where I discuss the continuing trend of arrests of citizens videotaping police. We have followed many more cases but a couple are mentioned in the column. What is most disturbing is that prosecutors and police are continuing to fight court rulings upholding the right of citizens to videotape police.
Continue reading “The Right of Citizens To Videotape Police”
We have previously discussed the new labeling rules for cigarette packages and I have not hidden my criticism of the graphic images from both a legal and policy perspective. This afternoon, U.S. District Judge Richard Leon handed down a major decision granting an injunction of the rules — a move based on his belief that the cigarette makers are likely to succeed in blocking the new packaging rules.
Continue reading “Federal Judge Grants Injunction of New Tobacco Labels”