We often discuss jury nullification in class, but usually such a controversial decision to refuse to convict someone on clear evidence of guilt comes at the end of a trial. Not in Montana this month when potential jurors announced that they would not convict a person of possession of a small amount of marijuana regardless of the evidence. In polling the potential jurors, District Judge Dusty Deschamps found only 5 of 27 were willing to convict someone on a small possession of pot.
Continue reading “Pre-Trial Jury Nullification? Potential Jurors in Montana Excused After They State That They Would Not Convict On Possession of Small Amount of Marijuana”
A new report found that drinking water in 35 cities across the United States contain hexavalent chromium, a probable carcinogen. The report of the Environmental Working Group, is the first nationwide analysis of hexavalent chromium in drinking water to be made public.
Continue reading “Carcinogen Found in Drinking Water of 35 Cities Across U.S.”
There is an interesting case out of Perkins, Oklahoma where Federal Reserve officials reportedly ordered a small bank (The Payne County Bank) to remove religious Christmas displays. I fail to see the authority of Federal Reserve officials to limit the free speech to a bank, particularly religious-based speech. If the bank wants to marginalize non-Christian customers through sectarian displays, I think it has a constitutionally protected right to do so. What it cannot do is actually discriminate in the establishment or handling of accounts.
Continue reading “Federal Reserve Bank Examiners Demand Removal of Crosses and Merry Christmas Buttons at Oklahoma Bank”
For Republican legislators in Iowa, it was not enough that three state supreme court justices who voted to strike down a ban on gay marriage were recently defeated in their reelection bids after being targeted by conservatives. Now, legislators want to impeach the remaining four justices from the unanimous decision.
Continue reading “Iowa Legislators To Impeach Iowa Justices Who Voted For Same-Sex Marriage”
SUBMITTED BY LAWRENCE RAFFERTY, GUEST BLOGGER
Earlier today, Vice President Joe Biden appeared on Meet the Press and gave David Gregory an interesting answer to Gregory’s questions concerning our exit strategy in Afghanistan. The Vice President not only confirmed that the Obama Administration still plans on beginning a drawdown of troops from Afghanistan starting in July of 2011, he also stated that we will complete the departure from Afghanistan in 2014. “We’re starting it in July of 2011. And we’re gonna be totally out of there, come hell or high water, by 2014.” http://crooksandliars.com/nicole-belle/meet-press-biden-says-2014-were-out-a Leave it Vice President Biden to answer the question with such flowery language.
Submitted by Elaine Magliaro, Guest Blogger
David (Nal) has been kind enough to provide us with some classic Christmas songs at the Turley Blawg to help get us into a holiday mood. I thought I’d add my two seasonal cents with a recipe for a delicious almond cake that I often make for holidays and special occasions. The cake is rich and moist. It calls for just four tablespoons of flour. I serve it with homemade raspberry sauce and whipped cream. It’s a favorite with family and friends.
Submitted by Mark Esposito, Guest Blogger
A Massachusetts appeals court has let the sexually adventurous breathe a sigh of relief. When confronted with a man, discretely called “John Doe,” who alleged rather forcefully that his penis had been “fractured” by a particularly vigorous night of love-making, the Court accorded no relief. Doe alleged that his partner, Mary Moe (a pseudonym, I hope), had negligently engaged in sexual intercourse with him thereby fracturing his privates and rendering him “procreatively” dysfunctional. Damages for the injury were claimed of Ms. Moe, who defended Continue reading “Doe v. Moe: There is No Negligent Sexual Intercourse in Boston”
-Submitted by David Drumm (Nal), Guest Blogger
Recently, Rep. Spencer Bachus (R-AL), the next chairman of the House Financial Services Committee, told the Birmingham News, “my view is that Washington and the regulators are there to serve the banks.” As part of that service, Republican members of the bipartisan Financial Crisis Inquiry Commission, that was established to examine the causes of the current financial and economic crisis, are rewriting the history of the crisis.
They want to blame Fannie and Freddie.
SUBMITTED BY LAWRENCE RAFFERTY, GUEST BLOGGER
Earlier in the week, the legislation that would have provided medical help for 9/11 first responders was killed by Republicans. I was shocked to see that any political party would be against getting medical help for true American heroes. You can imagine my surprise when I found out who was helping the Republicans defeat this humanitarian bill. The United States Chamber of Commerce was quietly working behind the scenes to make sure this bill was defeated. The immediate question that came to my mind was why? Why wouldn’t the Chamber want the heroes of 9/11 to get the medical help that they need to fight the many health problems that they have incurred due to their work on 9/11 at Ground Zero? Continue reading “WHAT DOES THE US CHAMBER OF COMMERCE HAVE AGAINST 9/11 FIRST RESPONDERS?”
Submitted by Elaine Magliaro, Guest Blogger
NOTE: A correction has been made to this post.
This afternoon, the United States Senate voted to end Don’t Ask, Don’t Tell—a policy that banned gays and lesbians from serving openly in the military for seventeen years. According to CBS News: “Eight Republicans joined nearly every Democrat to vote for repeal. The Republicans voting for repeal were Sens. Scott Brown (Mass.), Susan Collins (Maine), Olympia Snowe (Maine), Mark Kirk (Ill.), Lisa Murkowski (Alaska), John Ensign (Nev.), Richard Burr (N.C.) and George Voinovich (Ohio).”
The final vote was 65-31.
SUBMITTED BY LAWRENCE RAFFERTY, GUEST BLOGGER
I recently read that U.S. Rep. Michele Bachmann is coordinating a crash course on the Constitution for the new members that will be joining the House in January. I was a little surprised that one of the guest speakers for that course will be Supreme Court Justice Antonin Scalia. While it is not unusual for Supreme Court Justices to interact with members of Congress, it disturbs me that Justice Scalia will be meeting with the Tea Party Caucus behind closed doors. These very same members of the Tea Party Caucus have very definite ideas and opinions on current national issues that may reach the Supreme Court in the near future. This recent article in Bloomberg suggests that Justice Scalia’s presentation will “…focus on separation of powers, said Kathy Arberg, the Supreme Court’s spokeswoman.” http://www.bloomberg.com/news/2010-12-15/scalia-will-deliver-speech-before-bachmann-s-tea-party-caucus.html Continue reading “IS IT ETHICAL ERROR FOR JUSTICE SCALIA TO MEET THE TEA PARTY CAUCUS?”
Submitted by Elaine Magliaro, Guest Blogger
Across the Pond: This week, Julian Assange, the founder of Wikileaks, was released on bail from a London prison. Assange will remain under “mansion arrest” at the 600-acre estate of Vaughan Smith, a London restaurateur and former war correspondent. He plans to fight extradition to Sweden where he would face sex crimes allegations.
Back Here at Home: Bradley Manning, the 22-year-old U. S. Army intelligence specialist who has been accused of leaking classified documents to Wikileaks, has been held
in solitary confinement at the marine brig in Quantico, Virginia, for five months. Before being transferred to Quantico, Manning was held in a military jail in Kuwait for two months. Manning will face a court martial on charges that he provided Wikileaks with classified information in violation of the Uniform Code of Military Justice.
Continue reading “Bradley Manning: The Forgotten Person in the Wikileaks Affair”
-Submitted by David Drumm (Nal), Guest Blogger
That would be Judge Henry Hudson who recently struck down the Minimum Essential Coverage Provision of the Affordable Care Act that requiring all citizens obtain health care coverage, here. In one corner we have Orin S. Kerr, professor of law at The George Washington University Law School. In the other corner we have Kurt T. Lash professor of law at The University of Illinois College of Law.
It is Necessary and Proper that you read on.
-Submitted by David Drumm (Nal), Guest Blogger
Ken Jennings holds the record for the longest winning streak on Jeopardy! Brad Rutter holds the record for the most money won on Jeopardy!, nearly $3.3 million. The two are being challenged by an IBM computer named “Watson.” The three matches will air Feb. 14-16.
Continue reading “I’ll Take Potent Potables for $1000, Alex”