Category: Politics

Constitutional Law, Politics, Society

Gay Man Arrested After He Refused To Leave Partner’s Side In Missouri Hospital

wdaf_hospital_rights_130411a-615x345As the Supreme Court considers the same-sex marriage cases in Hollingsworth and Windsor, the arrest of Roger Gorley could serve as an answer to justices like Chief Justice John Roberts who asked pointedly what the rush was for an answer on the issue. Gorley was arrested at the Research Medical Center in Kansas City after he refused to leave the side of his partner. While he had power of attorney and the right to make medical decisions, family members did not want him in the room. Because he was not viewed as a “spouse” and therefore a family member, he was told to leave.

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Bizarre, Politics, Society

Weiner Announces Interest In Mayoral Race While Discussing How Lack of Hugs And Access to Technology Led To His Scandal

220px-AnthonyweinerThe New York Times Magazine article on the return of former Rep. Anthony Weiner and his wife Huma Abedin has been denounced as a puff piece designed to lay the foundation for Weiner to run for New York mayor or other office. As I have mentioned before, I am astonished by so many Democrats expressing interest and support for Weiner’s return. Weiner has already reportedly spent considerable money on polling and clearly has received assurances of financial support. While many of the same people called for the removal of Republicans like Senator Larry Craig and others, it seems that sending creepy sexual pictures to unconsenting women, lying to the public repeatedly, and attacking the media is not enough to disqualify you for high public office. The article does read like a puff piece about one of New York’s power couple. However, it contains some truly bizarre insights into Weiner and his family.

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Constitutional Law, Criminal law, Free Speech, International, Politics, Religion

Israeli Police Arrest Women For Wearing Prayer Shawls At Western Wall

285px-Westernwall2This week produced a reminder of the lack of separation of temple and state in Israel where the government routinely enforces Jewish religious laws. Tourists at the Western Wall watched as women were arrested in Jerusalem’s Old City for merely wearing prayer shawls in defiance of Orthodox beliefs. Orthodox laws govern the activities at the wall and Orthodox Jews believe that only men can wear shawls and pray at the wall.

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Constitutional Law, Free Speech, Politics, Religion, Society, Supreme Court

Washington Attorney General Sues Florist Who Refused To Provide Flowers For Gay Wedding

250px-Cakeinwhitesatin-1451px-White_and_green_floral_spray_wedding_decorWashington Attorney General Bob Ferguson is suing Barronelle Stutzman, owner of Arlene’s Flowers and Gifts, after she refused to provide flowers for a gay wedding. I have been writing about the tension between free exercise rights and anti-discrimination laws — a subject that I discussed at the conference this week at the Utah Valley University’s Center for Constitutional Studies. This is now an issue that is arising with greater regularity, including conflicts over wedding cakes and other items.
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Constitutional Law, Politics, Religion, Society

North Carolina Lawmaker Equates Muslim Prayer With Terrorism

670Republican state Rep. Michele Presnell of Burnsville, N.C., shows that the effort to reform the image of the GOP is still a work in progress. When asked recently about whether she would be comfortable with a Muslim prayer opening a legislative meeting, Presnell responded: “No, I do not condone terrorism.” Presnell was one of the legislators who recently sponsored a bill to allow North Carolina to establish an official religion. My guess is that it would not be Islam.

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Bizarre, Politics, Society

GOP Commissioner Apologizes For “N*****-Rigging” By Insisting That He “Built Habitat Homes for Colored People.”

600px-Seal_of_Kansas.svgIt appears that Rep. Don Young has a soul mate in Kansas. Saline County Commissioner Jim Gile, 68, complained in a meeting that the county needed to hire an architect to design local improvements rather than “n*****-rigging it.” It is not clear which is worse the statement or his attempt at an apology.

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Constitutional Law, Criminal law, Politics, Religion

Russian Patriarch Condemns Feminism As “Very Dangerous”

220px-Patriarch_Kirill_of_Moscow_As Vladimir Putin secures a new blasphemy law against critics or mockers of religion, Russian Orthodox Church Patriarch Kirill is showing that, while insulting his faith is a crime, insulting women is divine. Kirill condemned “feminism” as “very dangerous” for families and Russia, encouraging women to focus on housekeeping and children.

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

The Russian Duma Moves Toward New Blasphemy Law

220px-PhilipandNikonThe Russian State Duma has reportedly moved forward with new legislation pushed by the Putin government to criminalize blasphemy — a measure designed to please the Russian Orthodox church. As we have discussed previously, Putin has reestablished the link with the Church to crack down on critics and nonbelievers. The new law purportedly protects religious feelings of believers.

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Criminal law, Justice, Lawyering, Politics, Society

Administrative Judge Throws Out Suspensions Of Two Attorneys In Botched Stevens Prosecution

DeptofJusticeThe Justice Department has long been accused of whitewashing misconduct of its own prosecutors and rarely acting on acts of prosecutorial misconduct, including common complaints of federal prosecutors withholding evidence and making misrepresentations to counsel or the courts. Even in high profile cases of misconduct, the Justice Department often drags out investigations only to later quietly end them without sanctions. One of the few sanctions meted out by the Justice Department came with attorneys responsible for the disastrous prosecution of former Senator Ted Stevens where their misconduct not only led to reversal of the case but the waste of millions of dollars. Now, however, an Administrative Law judge has overturned the suspensions of two federal prosecutors.

The Justice Department imposed the suspension after finding that the two prosecutors had engaged in reckless professional misconduct. Notably, this finding excused the prosecutors of intentional misconduct, a finding ridiculed by many in a case of clear prosecutorial abuse. The penalty came years after the misconduct and only involved a suspension without pay. Joseph Bottini was suspended for just 40 days and James Goeke was suspended for just 15 days. Even that is now dismissed under the ruling of Judge Benjamin Gutman. The reasoning gives an insight into why it is so difficult to get the Justice Department to mete out even mild punishment for prosecutorial misconduct.

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Lawyering, Politics

California Bar Recommends Disbarment of Del Norte District Attorney

gavel2This week, the State Bar Court of California took the rare step of not only finding Del Norte County Dist. Atty. Jon Michael Alexander guilty of misconduct but recommending disbarment to the California Supreme Court. Many of us have long complained that prosecutors are rarely punished for abuses like withholding evidence, even when such misconduct leads to costly reversals. This case sends a stronger message that we will not continue to tolerate prosecutors who routinely withhold evidence and violate ethical rules. I have personally seen all of these forms of misconduct by prosecutors in prior cases without any sanction or discipline resulting for those responsible. The Justice Department has a particular poor record in disciplining its attorneys even in the face of outrageous acts of misconduct from supporting torture to withholding evidence.

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Constitutional Law, Politics, Religion, Society

Survey: 34 Percent Of Americans Want Christianity Made Official Religion

300px-god2-sistine_chapelWhile the North Carolina House of Representatives has finally killed the bill to allow the state to establish a state religion, a new study found that 34 percent of adults would favor establishing Christianity as the official state religion. While 47 percent opposed the establishment of state religion, it was less than a majority.

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Congress, Justice, Politics, Society, Uncategorized

Bi-Partisan Support for Bill to Mandate a Higher Capital Requirement for Too Big to Fail Banks

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

Last week I wrote about a disturbing joint FDIC and Bank of England plan that could allow big banks to grab depositors funds in order to balance their books.  FDIC-BOE  As a follow-up to that discussion, I saw an article discussing a proposed Senate bill that would require our biggest banks to support a higher capital requirement than their smaller counterparts.  The bill in question is co-sponsored by Democratic Senator Sherrod Brown and Republican Senator David Vitter.  I thought it was especially interesting when one of this proposed legislation’s critics seemed to indicate that this legislation is unnecessary because it disregards the role the FDIC plays in protecting depositors accounts.

‘ “I view it as a radical view of how American banks should be restructured that seems to disregard the role of the FDIC coverage, prudential regulation and the totally different structure of the 2013 economy,” Petrou said in an interview.” ‘  Bloomberg   I guess Ms. Petrou didn’t read my article or the various articles before and after mine that discussed the plan that the FDIC made with the Bank of England to completely avoid the FDIC coverage and allow bankers to take depositors funds and replace those funds with stock shares in order to keep the bank afloat.  Or then maybe she did? Continue reading “Bi-Partisan Support for Bill to Mandate a Higher Capital Requirement for Too Big to Fail Banks” →

Constitutional Law, Politics, Society

Plastic Fantastic?

Or the Inability to “Uninvent” Simple Objects

by Gene Howington, Guest Blogger

Disclosure: I consider myself both a liberal and pro-2nd Amendment and my position on gun control is that while reasonable solutions can be found to prevent tragedies such as Newtown that going so far as to repeal the 2nd Amendment is both an ultimately futile solution (for the reasons discussed below) and most unwise Constitutionally speaking (for reasons discussed elsewhere on this blog). This article is not about my position on the 2nd Amendment.

In the wake of the horror of Newtown, a national debate has arisen between those who – at the extremes – would either outlaw guns or have them totally unrestricted.  Most of the debate is somewhere in-between those two polar extremes. Most everyone agrees that keeping firearms out of the hands of the mentally unstable and known criminals is not a bad idea. This column is not about that debate proper over gun control.  It is about the nature of technology and law as it is framed by that debate. In specific, it is about 3-D printing and use of that technology to make firearms. Is the problem the technology or the user?

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Congress, Constitutional Law, Courts, Criminal law, International, Justice, Media, Military, Politics, Society, Testimony

None Dare Call it Treason

Submitted by: Mike Spindell, guest blogger

220px-Richard_NixonIn 1964, during Barry Goldwater’s race for the White House, a book became a runaway best seller and it was titled “None Dare Call It Treason”. Its’ premise, typical of the thinking of many of that time, was that the United States was being sold out to Communism by its “liberal elites” who were pro-communist and thus wanted the USSR to win the “Cold War”. As the title clearly illustrates the book’s author, John A. Stormer, believed that the “elite” were traitors, liberal of course, who were so powerful that their “treasonous actions” couldn’t be challenged. I remember the popularity of the book at that time and how many who supported Barry Goldwater were believers in the books veracity. Goldwater himself seemed to be echoing Stormer’s theme of rooting out pro Communists in his Convention speech which produced the memorable phrase: “I would remind you that extremism in the defense of liberty is no vice. And let me remind you also that moderation in the pursuit of justice is no virtue.” It is thus a meme that in many different ways has been played and re-played through our Country’s history by those of a more Conservative persuasion. That meme is that the true American patriots are those who are of Right Wing political persuasion. Continue reading “None Dare Call it Treason” →

Academia, Bizarre, Justice, Lawyering, Politics

Baja, New Jersey

By Mark Esposito, Guest Blogger

390-mike-rice4Watching the unfolding meltdown at Rutgers University this week you had to be struck by the full array of human weakness on display. Prompted in large measure by a disgruntled former employee (all truth seems to come out that way), the school was rocked when a compilation video surfaced showing three years of verbal, physical and mental abuse heaped on student athletes whose crime was winning a basketball scholarship and having the misfortune to play for Head Coach Mike Rice and Assistant Coach Jimmy “Baby Rice” Martelli.

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