U.S. District Judge Richard Bennett has reduced by over half the damages awarded against a fundamentalist Kansas Church, which protests funerals of fallen soldiers from Iraq in a bizarre anti-homosexual crusade. The Westboro Baptist Church will now have to pay Albert Snyder, the fatehr of a dead Marine, $5 million rather than $10.9 million. Continue reading “Court Reduces Punitive Damages Against Radical Anti-Homosexual Church”
Category: Politics
The Ninth Circuit has handed down a very interesting decision in a case of a police officer fired because he and his wife ran a private porn site in his free time. In January of 2002, the Chandler Police Department
discovered that Officer Ronald Dible was running the site, featuring his wife , Megan Dible, who performed various sex acts with various partners and objects. It was too much for the town and he was fired. It is a case that raises some difficult constitutional questions and the decision could cut deeply into first amendment rights. Continue reading “Court of Appeals Upholds Termination of Police Officer Over Private Porn Site”
In a surprising development with significance to the on-going debate over polygamy in the United States, the British government has decided that polygamist citizens are entitled public welfare despite the fact the polygamy is illegal in Britain. Continue reading “England Approves Benefits for Polygamists”
A recent study has cast serious questions over the influence of campaign contributions on the members of the Louisiana Supreme Court. The study by my former Tulane Law School colleague, Vernon Palmer, and Loyola assistant professor of economics John Levendis finds a disturbing correlation between contributions and voting on the Court. It is only the latest allegation rocking one of our state supreme courts this year. [Update: Tulane has issued an apology for some errors in this study] Continue reading “Rent-a-Justice: Louisiana Supreme Court Faces Allegations of Favoritism for Contributors”
Texas Mayor Grace Saenz-Lopez has resigned soon after her indictment over the on-going sage of a a Shih Tzu named Puddles. Saenz-Lopez and her twin sister were indicted in the conspiracy to steal Puddles — who appears to hold a strange hypnotic effect over humans. Continue reading “The Shih Tzu Hits the Fan: Indicted Mayor Resigns Amid Allegations of Stealing Puddles”
The Second Circuit has rejected the appeal of homeowners contesting the right of New York to taken their homes under eminent domain authority to give to private developers. It is a repeat of the controversial use of eminent domain in Connecticut in the Kelo case — where the Supreme Court narrowly uphold the use of the power and rejected constitutional challenges. For those of us who believe that Kelo was wrongly decided, this case could test the matter before a newly reconstituted court. Continue reading “Kelo Redux: Second Circuit Upholds Use of Eminent Domain to Seize New York Homes for Private Development”
Harris County District Attorney Chuck Rosenthal has been in the thick of controversy of late. First, he refused to prosecute Texas Supreme Court Justice David Medina and his wife after a grand jury indicted them for arson. (Click here). Then he was forced to turn over e-mails in case that included embarrassing material, such as the married man’s romantic notes to his secretary as well as racist and pornographic material. Now, Rosenthal has admitted that he destroyed more than 2,500 e-mails after they were subpoenaed — an act that could result in a charge of contempt and potential incarceration. Continue reading “Texas District Attorney Admits to Destroying Emails in Violation of Court Order — Faces Potential Contempt Charge”
U.S. Sen. Jim DeMint, R-S.C., has called for Congress to strip the City of Berkeley, Calif., of federal funds because he does not agree with a slight to the Marine Corp. The Berkeley City Council voted this week to tell the U.S. Marine Corps to move its recruiting station outside the city’s downtown. What is astonishing is that DeMint has long defended federalism (as I do). There is no greater nightmare for states rights than the federal government taking in more taxes than it needs — only to give the money back to the states with strings attached. Thus, under this approach, states and cities will be denied money unless they conform their political judgments to the will of the Senate. It is a good thing that George Mason is safely six-feet under ground. Continue reading “So Much For Federalism: Republican Senator Asks Congress to Strip Berkeley of Federal Funds in Retaliation for Slight to Marines”
In light of today’s debate over Congress and its shaky federalism principles, this prior column on the marriage amendment may be of interest. Continue reading “The American Gothic Amendment: Federalism and the Same-Sex Marriage Debate”
In light of the DeMint bill to strip Berkeley of its federal funding, this earlier column on the hypocrisy in Congress over federalism may be of interest: Continue reading “Medical Marijuana, Federalism and the Forbidden Fruit of the Constitution”
New Jersey Supreme Court Justice Roberto Rivera-Soto is being sued by a former high school football player who alleged that the jurist used his power and prestige to harass him after he gave Rivera-Soto’s son a bloody lip in a practice. Rivera-Soto has already been reprimanded by his Court and he is even accused of making fun of a Ben Franklin re-enactor! He is just the latest state judge to face criminal and civil charges this year. Continue reading “New Jersey Supreme Court Justice Sued for Harassing Son’s High School Football Rival”
In the civilian system, a case of misdiagnosis is a simple material of medical malpractice for which the victim or his victim can recover. In the military, it is even simpler: it is malpractice for which there is no legal recourse. That is the sad lesson being learned by the family of Carmelo Rodriguez, a Marine and combat veteran who died of untreated cancer that could have been treated by relatively modest medical interventions. It is the result of the infamous Feres Doctrine, which continues to do untold harm to thousands of sailors and soldiers. Continue reading “The Legacy of Feres: Marine Dies in Latest Act of Military Malpractice”
When it comes to the art of the public apology, Detroit Mayor Kwame Kilpatrick may have set a new gold standard in his public apology for his alleged affair with chief of staff Christine Beatty. The view link is below. He used an actual church as a backdrop and his wife as something of a prop for the occasion. The problem is that, while such scenes may resonate with voters who tend to love a repentant sinner, it still does not create a defense to what appears a very compelling criminal case for perjury. Continue reading “The Stagecraft of Scandal: Detroit Mayor Kwame Kilpatrick Gives Public Apology with Wife in a Church”
Maryland Delegate Nicholaus Kipke and Sen. Bryan Simonaire are pushing for passage of the Fallen Soldier Privacy Act of 2008 to criminalize the the commercial use of a deceased soldier’s name or image. It is a controversy triggered by tee-shirts produced by anti-war activist Dan R. Frazier of Flagstaff, Ariz., whose online business Carryabigsticker.com sells anti-war shirts and other items that use soldiers’ names. The law is, in my view, unconstitutional and could lead to an interesting court fight if Congress follows suit with its own legislation. Continue reading “Maryland Considering Criminalizing Use of Soldiers Names and Images in Protest Tee-Shirts or Material for Sale”
As expected, Attorney General Michael Mukasey has informed Congress that he will refuse to answer the long-standing question on waterboarding in this week’s hearing. The decision is a further indictment of the decision of democratic leadership to allow Mukasey to be confirmed despite his unwillingness to acknowledge that waterboarding has long been defined as torture and constitutes a crime if ordered by the President. Continue reading “Mukasey Refuses to Answer Question on Waterboarding in Congress”