This afternoon, the Brown family filed its appeal with the United States Supreme Court in the “Sister Wives” case. The case is Brown v. Buhman, No. 14-4117. As lead counsel for the Browns, I am joined on the petition by co-counsel Thomas Huff and we benefited from the input of our long-time co-counsel in Utah, Adam Alba. The petition asks the Court to resolve a longstanding conflict among the courts of appeals concerning the extent to which the government can strategically moot a constitutional challenge to a statute by announcing a new non-enforcement policy during the pendency of litigation. The petition is attached below.
Below is my column in USA Today on Donald Trump’s statement that he thinks that American citizens should be tried at Guantanamo Bay with other “terrible people” accused of terrorism. I have previously criticized Hillary Clinton for her views on free speech and executive power. However, the suggestion that U.S. citizens could be sent for faux trials at Gitmo is truly chilling. Here is the column.
There is a bizarre case in Orlando where Daniel Rushing was arrested after a police officer declared that she recognized meth on the floor of his car from her extensive experience. It not only turned out to be icing from Rushing’s Krispy Kreme donut but Rushing told the officers what it was when they asked. To make matters worse, a field test registered positive for meth — another false positive in a long line of such cases.
Below is my column on Sunday in the Chicago Tribune on the controversy involving Justice Ruth Bader Ginsburg. Ginsburg’s expression of “regret” over “ill-advised” statements may strike many as a bit short of an actual apology for what was facially unethical conduct. However, it was more than was required because nothing is required from a Supreme Court justice. That is the problem. Not the tirade against Trump. Not the criticism of Republicans in Congress. The real problem is that Ginsburg and her colleagues claim that the Code of Judicial Ethics is only binding on lesser jurists. Indeed, a majority of justices have been accused of ethical violations, but the Supreme Court is the only part of our government that is not subject to any enforceable code of ethics. Ginsburg’s apology should not detract attention from pressing need for reforms of our Court, including the creation of an enforceable ethical code for the justices. Once again, we have addressed only the latest manifestation of the problem on the Court rather than the underlying cause: the absence of an enforceable code of ethics for the justices. I have long advocated two primary reforms for the Court: the establishment of an enforceable code of ethics and the expansion of the Court to 19 members. What was disturbing recently during an appearance on the Washington Journal on C-Span was how many people argued against an enforceable code of ethics and just accepted that justices speak and act politically. While some people simply supported what Ginsburg had to say about Trump, others view the notion of an enforceable code of ethics as “naive” despite that fact that all other federal jurists comply with such a code. Below is the column:
Late Monday, the Brown family filed their appeal in the United States Court of Appeals for the Tenth Circuit in Brown v. Buhman, No. 14-4117. The Sisters Wives case raises core issues of free speech and free exercise — constitutional violations found by the trial court in striking down the Utah cohabitation law. This “en banc” petition is to the entire Tenth Circuit in seeking review of the recent panel decision vacating the earlier decision on standing grounds.
By Darren Smith, Weekend Contributor
Supreme Court Justice Antonin Scalia’s funeral was held Saturday, February 20th, 2016 at the Basilica of the National Shrine of the Immaculate Conception, the largest Roman Catholic church in North America. We now feature the videography of his funeral service.
The Supreme Court has reversed the United States Court of Appeals for the Fifth Circuit in a police shooting case where a police officer who fired six times at the car of a fleeing arrestee. The Court found that the officer was entitled to qualified immunity in a civil suit. The ruling comes as prosecutors filed charges against two Louisiana officers in the Fifth Circuit in the shooting death of a 6-year-old autistic boy. Thirty-two-year-old Derrick Stafford of Mansura and 23-year-old Norris Greenhouse Jr., of Marksville each is charged with second-degree murder and attempted second-degree murder. Bond has been set at $1 million for each officer. The father has not been told that his son was killed.