This afternoon, I will participating in a discussion of “Trying High-Profile Cases” with David Bois as part of the American Bar Association’s Annual Conference (CLE Premier Speaker Series Webinar). The conference also include federal judges Barbara M. G. Lynn
(Northern District of Texas) and Gene E. K. Pratter (Eastern District of Pennsylvania) and leading litigator Randall M. Kessler. It will start at 1:00 p.m. (ET).
Continue reading “Trying High-Profile Cases: Today’s ABA Discussion”
Category: Politics
Submitted by Mike Spindell, Guest Blogger
Last week during a long road trip, I was listening to a CD from the band The Eagles. A song came on written by Don Henley and Glenn Frey the group’s songwriters and leaders. The song is called “Get Over It”. As the autumn beautiful Shenandoah Valley landscape was passing by, a line from the song jarred me from my motoring reverie and made me think of this blog. The line was:
“The more I think about it, Old Billy was right
Let’s kill all the lawyers, kill ’em tonight.”
Continue reading “Let’s Kill All The Lawyers?”
-Submitted by David Drumm (Nal), Guest Blogger
After a three year investigation, European Union officials have concluded that there is no evidence to prove that water can prevent dehydration. Bottled water producers are now forbidden by law from making such a claim. The European Food Standards Authority (EFSA) refused to approve the statement that “regular consumption of significant amounts of water can reduce the risk of development of dehydration.” Critics have said: “This is stupidity writ large.”
The ridicule has been non-stop. But there are some important details being overlooked.
Continue reading “EU Bans Claim That Water Prevents Dehydration”
Submitted by Gene Howington, Guest Blogger
UPDATED: Newton’s Third Law of Motion is commonly expressed by the phrase “for every action, there is an equal and opposite reaction”. The action in question is the Occupy Wall Street Movement. The reaction in question is fear.
Huffington Post obtained a copy of a memo being sent by high-powered Washington lobbying firm Clark, Lytle, Geduldig, Cranford to one of its major Wall Street clients over Thanksgiving. Previously unnamed, it has been revealed that the major Wall Street client in question is the American Bankers Association. The four page memo was first revealed by MSNBC’s Chris Hayes, host of the show “Up with Chris Hayes“. The first two paragraphs of the memo are indicative of the mood and probably sets the tone for what many in the lobbying industry are having to admit as an inconvenient truth. Namely the truth that the OWS Movement is gaining traction for their cause and doing so in such a way that politicians are eventually going to be forced to put on the appearance of action in bringing the criminals on Wall Street to justice if not actually bring them to justice. The fear on behalf of the lobbyists and their Wall Street clients is palpable.
The first two paragraphs of the Thanksgiving Memo read as follows:
Continue reading “The Smell of Corporatist Fear, Smells Just Like . . . a Lobbyist Memo”
Well, Congress still beats out intestinal blockages in popularity. The latest Gallup monthly survey shows that Congress is now only viewed favorable by 13 percent of American. Other polls show it as 9 percent. This makes it less popular (as shown in the chart in the article below) than Hugo Chavez and communism taking over the United States. Hell, even Paris Hilton is more popular than Congress.
Continue reading “Thirteen Percent: Congress Is Now More Unpopular Than A Communist Takeover”
One of the most interesting aspects of the litigation over health care has been the Obama Administration’s push for review in the Supreme Court. Rather than slow walking the case, the Administration facilitated a review that will result in a ruling before the election. As on many other decisions by this White House, the political calculation seems counterintuitive. I have said in interviews that I do not know which will be worse politically: for the Administration to lose before the Court or to win. Now a poll suggests it might be the latter. Gallop found this week that 47 percent of Americans want to see the law repealed. Only 43 percent favor the law. Fifty-six percent still prefer the use of private insurance over a federal insurance program. This poll joins the sobering fact that a majority of states are now in court in an unprecedented opposition to the federal law. Regardless of how you feel about health care, this is not how you pass a major new program and is the result of the decision by the White House and Democratic leaders to muscle through this vote on the thinnest of margins.
Continue reading “How Not To Pass A National Health Care Program: New Poll Shows Almost Half of Americans Want The Repeal of the Health Care Law”
We just explored the Orwellian Chinese campaign against “fake journalists.” Now, we have a story that would make Big Brother blush. China has long opposed the Nobel Peace Prize because of its recognition of people the regime has oppressed like imprisoned dissident Liu Xiaobo. China therefore offers the alternative and laughable Confucius Peace Prize. The regime just announced its 2011 winner of the man who inspires millions with his image and message of peace: Russian Prime Minister Vladimir Putin. Putin celebrated the news recently by bragging that he can destroy America in 30 minutes. Mother Teresa is lucky she did not have this competition when she lived.
Continue reading “And China’s Pick For The 2011 Peace Prize Is . . .”
EXCLUSIVE. Loyola University Professor Ralph Braseth in Chicago has shared with me a complaint alleging another incident of police ordering a citizen to delete videotape of an arrest taken in public. I have previously written about this worrisome trend. The difference is that Braseth is a journalism professor. The complaint raises some extremely serious allegations of censuring a journalist and violating core constitutional rights. If true, it is a telling retort to the taunting remarks of Judge Richard Posner recently about the “snooping” of citizens on police.
Continue reading “Chicago Journalism Professor: Chicago Police Department Detained Him and Deleted Video of Arrest”
We have previously discussed the question of recusals involving Justice Clarence Thomas and his violation of reporting rules on the Court. Now, a similar debate is likely to start over the participation of Justice Elena Kagan in any review of Patient Protection and Affordable Care Act. The loss of Kagan could be determinative in a close vote on the Court, but that is always the danger in selecting your Solicitor General as a nominee. While Kagan used the announcement of cases on Monday to recuse herself for other cases, she notably did not include the Florida case.
Continue reading “Should Kagan Recuse Herself From The Health Care Case?”
Tennessee state Rep. Rick Womick has gone public with his view of a necessary reform of the U.S. military to make our country safer: bar all Muslims from military service. The openly bigoted proposal was accompanied by equally bigoted rhetoric and insulted not just all Muslims but dishonored the many Muslims serving honorably in our armed forces. His website proclaims that “[o]thers may regard politics as a basis for gaining power and influence, but Rick sees politics as a chance to provide conservative leadership that will uphold our state’s slogan and ensure, ‘Tennessee…America at its Best!'” You can judge if Rep. Womick represents America at its best.
Continue reading “Tennessee Legislator Calls For All Muslims To Be Removed From The Military”
Michael Avery, a professor at Suffolk University Law School, has found himself at the center of a raging storm after he sent the four-paragraph email below to colleagues complaining about the “shameful” program at the school to send care packages to U.S. troops abroad. Avery, a constitutional law professor, objected to send such packages to people “who have gone overseas to kill other human beings.” As you might imagine, the response has superheated with even Senator Scott Brown (R., Mass.) attacking the professor.
Continue reading “Suffolk University Law Professor Triggers Firestorm With Criticism of Care Packages To U.S. Troops”
This just on the wire: The Supreme Court has accepted cert in the health care litigation. The resulting decision could have sweeping implication for the future of federalism in this country.
Continue reading “Cert Granted: Supreme Court Accepts Health Care Challenge”
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?”
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”