Category: Society

Cleric: Killing Kurds Who Convert To Zoroastrianism Is “Legitimate”

By Darren Smith, Weekend Contributor

In another example of attempts to legitimize murder for apostasy, an Islamist Cleric of the Kurdistan Islamic Group (KIG) declared in an interview with the BBC that Kurds who leave Islam to convert to Zoroastrianism are to be murdered; or in his words “Killed and Executed.”

The cleric extended his hand of mercy by allowing those converts three days to regret their decision but thereafter are to be executed.

In an almost brutal irony, Mulla Hassib from Sulaimani said that Islamic religious tenets permit such executions, but ISIS’ practice of killing apostates is partially correct but he criticizes the terrorist organization for spreading the religion by means of “violence”.

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Judges In Seattle and Boston Reach Opposing Opinions On Trump Executive Order

washington-westernmassdcThe controversy over the Trump immigration executive order has already produced sharply conflicting orders from courts in Washington state and Massachusetts. A judge in Seattle has issued a temporary restraining order nationwide over the executive order while a judge in Boston declined to do so. Such divergent results are not uncommon in such controversies. However, as I have previously explained, I believe that the law favors the Administration despite good-faith arguments advanced by the challengers. Moreover, even if courts strike down a portion of the executive order, it is likely that other portions will be upheld on review. While I have been very critical of the order (and how it was rolled out), I still believe that the weight of binding authority on these trial courts favors President Trump.  We should get an answer sooner than expected: the Administration has decided to ask for an emergency order from the Ninth Circuit to block the Seattle court.  In the meantime, the airlines have been told to start to allow people on planes to the United States and the Justice Department is apparently not filing the emergency motion tonight. That means that people will start to arrive before the Justice Department files.  It could look a bit curious that the Administration is claiming a national security danger in these entries but would wait to file the emergency motion.

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Dairy Queen Supervisor Charged With Manslaughter After Suicide By Teenager

aamwy0pThere is a novel criminal case in Missouri where the supervisor of a Dairy Queen has been charged with manslaughter in the suicide of Kenneth Suttner, 17.  Suttner lived a tragic life — tormented by bullies about his weight and his speech impediment.  He finally could not take anymore of the abuse and on December 21 took his own life.  It is horrific to think of all of the people who made this boy’s life such a living hell.  However, the criminal charge against Harley Branham is problematic in seeking to hold her criminally liable in a suicide case.

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Protesters Torch Free Speech At Berkeley In Latest Example of Mob Rule On America’s College Campuses

milo_yiannopoulos_journalist_broadcaster_and_entrepreneur-1441_8961808556_croppedSeal_of_University_of_California,_Berkeley.svgWe recently discussed the courageous stand of the University of Chicago in favor of free speech (a position followed by schools like Purdue). Free speech is being rapidly diminished on our campuses as an ever-widening scope of speech has been declared hate speech or part of the ill-defined “microaggression.” Now Berkeley has shown the world exactly what this intolerance looks like as protesters attacked people, burned property, and rioted to stop other people from hearing the views of a conservative speaker. As on so many campuses, they succeeded. The speech by Milo Yiannopoulos was cancelled. A triumph of anti-speech protesters. Berkeley now must face a defining moment. The only appropriate response for the school is to immediately reschedule the speaker and stand in defiance of those who want to deny the right to speak (and to hear and associate) to others. Moreover, it is liberals who should be on the forefront in denouncing these protests and the effort to stop this event. Otherwise, it can follow the lead of schools like DePaul and cast aside free speech in yielding to the mob.

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HOW TO [REALLY] CHANGE THE SUPREME COURT: THREE REFORMS THAT COULD MAKE FOR A BIGGER AND BETTER COURT

Supreme Court

I recently published a column in the Los Angeles Times on reforming the Supreme Court with three fundamental changes that could be accomplished without a constitutional amendment.  Below is a longer version of that column on the three reforms and their implications.

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London Teacher Posed As Sexually Abused Girl To Falsely Accuse Colleague Of Pedophilia

stream_imgSheena Boll, 35, has been found guilty of a rather bizarre crime in London.  The teacher posed as a sexual abused 14-yer-old student to implicate a colleague of pedophilia.  In her underaged persona, Boll told police that she was sexually assaulted by the teacher.  The police responded with a full investigation that led them back to the faux 14-year-old victim.

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Is The Trump Executive Order on Refugees Unlawful?

donald_trump_president-elect_portrait_croppedI previously discussed how President Donald Trump has the advantage in a constitutional challenge of this executive order suspending entry for refugees and imposing special limitations on seven stated countries.  As I have noted, this does not mean that there are not legitimate questions raised, particularly over the express preference to be given “religious minorities” under the order. However, the case laws heavily supports a president’s plenary power over such border controls.  There remains however a question over whether the law could be constitutional under a president’s inherent authority but still unlawful under statutory authority.  Most of that argument centers on the Immigration and Nationality Act of 1965, which bars discrimination based on nationality or place of origin.  There are clearly compelling arguments on both sides of this question, but once again I believe that critics may be overstating the 1965 law as making the executive order facially invalid.  As I have repeatedly stated since this executive order was signed, I believe it was a terrible mistake, poorly executed, and inimical to our values as a nation.  However, legal analysis by a court should not be influenced by such personal viewpoints.  The question is solely whether the president is barred statutorily from taking this action.

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Teachers In Alabama and Texas Suspended After Anti-Obama and Anti-Trump Displays

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It appears that teachers are having a difficult time keeping their political views out of classroom.  Recently, an Alabama teacher was put on suspension for projecting an image of Obama with “You’re fired” after the election.  Now, on the other side of the political spectrum, a  Texas high school art teacher has been placed on administrative leave after video surfaced showing her “shooting” the image of President Donald Trump in a classroom while screaming, “Die!”

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Farewell Mary Tyler Moore: Actress and Activist

Like many, I was saddened to see the passing of Mary Tyler Moore, who I grew up watching on the 1970s television series “The Mary Tyler Moore Show.”  She passed away at 80.  I liked Moore both on and off the screen. Indeed, her passing made me think about this older generation of celebrities, perhaps the greatest generation.  While some were high maintenance or unhinged, it seems like so many of our younger celebrities are raw, vulgar, and downright nuts.  I know that that makes me sound like an older geezer. Perhaps I am, but I just watched the vulgar protest “speech” of Madonna and the rave of the actor.  Moore was as big, if not bigger, in terms of her celebrity status. Yet, she always maintained a sense of grace and decorum.  I shared her belief in animal rights and she was a great advocate for both animals and combatting juvenile diabetes.  She was a force for good, which is more than I can say for so many celebrities that followed her.  I cannot help but think of women like Ariana Grande licking donuts or Madonna screaming about burning down the White House or Charlie Sheen drinking “tiger blood” on some rooftop.

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Northwestern Transgender Student Seeks Entry To Sorority

imgres-1Northwestern University is facing an interesting controversy that captures the new reality for schools in dealing with alternative gender identifications.  A freshman at the school was born a female but now identifies as a male.  Adam Davies wants to participate in Greek life but is not ready to join a fraternity. So Davies has asked to join a sorority as a male with a female body.  He insists that his interest “transcends the gender binary” but some have objected to leaving such choices to the individual’s determination on gender.

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Ohio Father and Son Demand To Use Bible As Defense To Alleged Serial Rape and Kidnapping Charges

Report: Solar Energy Employs More People Than All Fossil Fuel Industries Combined

fixed_tilt_solar_panel_at_canterbury_municipal_building_canterbury_new_hampshire398px-BarnettShaleDrilling-9323One of the greatest concerns with the Trump Administration remains the environment.  I share those concerns.  The United States is falling behind the rest of the world in advancing green industries and markets. A return to fossil energy could not only erase gains in the environment but push our workforce farther away from the most competitive economies.  A new report shows how important solar energy is to the workforce and the economy.  The latest report from the Department of Energy shows that solar energy in the United States employs more people than traditional coal, gas and oil combined.  At the same time, we have seen other countries slash the cost of renewable energy and radically expand the use of such energy as global leaders in the new industry.  Notably, a recent poll showed that two thirds of the public oppose the return to fossil fuels for energy as opposed to alternative fuels.

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SUPREME COURT TURNS DOWN SISTER WIVES PETITION

240px-sister_wives_tv_series_logoSupreme CourtI regret to report that a few minutes ago, the United States Supreme Court denied the petition for review filed in the “Sister Wives” case. The case is Brown v. Buhman, No. 14-4117. As lead counsel for the Browns, I was joined on the petition by co-counsel Thomas Huff and Adam Alba.  My prior assistants, including my current assistant Seth Tate, and law students worked countless hours into many late nights to maintain this litigation.  We are greatly in their debt for their pro bono work on this case.  The attorneys and law students who worked on this case came from different religions and held different values.  Many disagreed morally with plural families. However, we all believed strongly that every family has a fundamental right to follow their own faiths so long as they did not harm others.  We all believed that the Browns were denied those rights when they are singled out for public condemnation and criminal investigation due entirely to their public support for plural marriage.  It is particularly difficult to prevail on the merits in establishing constitutional violations only to be reversed on standing issues on appeal. However, our victory in Salt Lake City will remain as a cautionary decision for legislators who wish to marginalize or sanction this community in the future.

I also wanted to extend my deepest gratitude and respect to the Brown family which allowed us to represent them in this historic action.  The Browns remained steadfast in their commitment to equal rights and have become the voice for not just plural families but many families which do not meet the strict definition of monogamy practiced by the majority of citizens.  The Browns have kept their show and this litigation largely separate to allow the courts to fully consider the merits of our case without interference or aggrandizement.  They continue to have faith in our country and our legal system despite this decision.  More importantly, they have faith in the right of all families to enjoy the protections of our Constitution and will continue to fight to make that promise a reality for plural families throughout the country.

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Texas Governor Moves Against Sanctuary County

440px-greg_abbott_by_gage_skidmore11056546_814772561936445_7014694705004167086_oI have been discussing the likely confrontation between the Trump Administration and various “sanctuary cities” which have pledged not to cooperate with federal authorities in the deportation of illegal immigrants. I believe that cities like New York City will face a rude awakening when they calculate just how much they received in federal grants that could be withheld by Attorney General Jeff Sessions or the Administration. Now that scenario is playing out in Texas where Gov. Greg Abbott is threatening to cut funding for Travis County after Sheriff Sally Hernandez announced the county would be scaling back its cooperation with federal immigration. Hernandez could trigger a perfect storm of having both state and federal fundings cut back in a county that is deeply dependent on such funding.

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The Administration Holds First Press Conference With An Attack on Media Over Crowd Estimates

screen-shot-2017-01-22-at-7-06-26-amThe Trump Administration has a rocky kick off this week due to both things outside of its control and things of its own making. First there was the planned protests against the new President — demonstrations both on Inaugural Day and the next day that I criticized. Those were outside the control of the Administration. However, then there was a remarkably disappointing and lackluster Inaugural speech followed by a truly dreadful press conference. This was the first press conference for the Administration – a key moment for any new Administration. Instead of emphasizing the positive and taking control of the news cycle with strategic announcements, White House Press secretary Sean Spicer largely criticized the press and then made a series a highly dubious factual assertions about the size of Trump’s audience. It was a performance that even  stalwart supporters like Charles Krauthammer on Fox called “weird.”  Likewise, Fox News has described Spicer’s facts as “incorrect.” Most of us who have previously watched or covered Inaugurations thought that the crowd seemed smaller.  So what?  Tens of millions of people voted for Trump. That is the measure that counts.  Yet, Spicer went on the attack with some shaky assertions and guaranteed that this tempest in a teapot would be the focus of the next news cycle — and gave critics an opening to lambast the new president.  I have said this before that friends of this President need to call him out when his Administration goofs if they want this Administration to succeed.  This is one such moment and shows an early lack of discipline and message.

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