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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Chinese Chief Justice: Courts Must Reject “Erroneous ” Western Concepts Of Independence And Support The Party

For those brave reformers who have struggled to introduce the semblance of a true judiciary and the rule of law in China, the recent interview of Chief Justice Zhou Qiang must have been devastating. Zhou told lawyers and judges that they needed to avoid the temptation of the West in wanting an independent judiciary that follows the rule of law. With that, Zhou placed himself in history as a voice for injustice — a lawyer who committed his life to fighting against the law.

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Court Rules Against Former IT Administrator Who Was Accused Of Locking The School Out Of Its System

 

mediawiki_1-25_sign_in_formThere is a bizarre case out of Indianapolis where fired IT employee Triano Williams took  the password for a school account that controlled access for emails and course material for over 2000 students.  Williams accused the American College of Education of firing him for racial reasons and allegedly refused to hand over the password.  The for-profit college accused Williams of effective extortion in offering to hand over the password in exchange for a clear letter of reference and $200,000.

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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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THE WOMEN’S MARCH AND AMERICA’S WAR OF THE ROSES

margaretanjourichard_iii_earliest_surviving_portraitAs I have previously discussed, my house is hosting over a dozen family and friends who have come from around the country to join the protests today as part of the “Women’s March” in Washington. We know at least a dozen more local friends attending. I will not be one of them as I explained earlier. I respected those marching today for values that mean so much to them . . . and to many of us.  There is obviously going to a sizable crowd — one that may dwarf the Inauguration attendance.  I did note that, when I dropped off my brother Chris and his family this morning, the metro in McLean seemed much more crowded than it did yesterday for the Inauguration. Having spent a few days with protesters and celebrants at the Inauguration, I am struck by how hardened both sides are toward each other . . . and dismissive of the operative facts underlying this election. Both sides seem unwilling to recognize the flaws in their past positions while grotesquely distorting their view of the other side. It reminds me of Richard III and the advice of the Queen Mother, Margaret, on how to learn to hate as she sought to “teach thee how to curse.” It is simple, she explains, just “Think that thy babes were sweeter than they were, And he that slew them fouler than he is.”

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Did The Trump Team Really Want Tanks And Missile Launchers On Parade Before The White House?

2015_moscow_victory_day_parade_-_01donald_trump_president-elect_portrait_croppedAfter toasting President Trump and his Administration the best for a successful term of office, it did not take long to find my first criticism (about the same time as his predecessor). I was appalled to hear after the Inauguration that the Trump team wanted to have tanks and missile launchers added to the Inaugural parade like some homage to the North Korean “Dear One.” As someone who is an admitted die-hard traditionalist, I was truly shocked by the effort. I was in utter disbelief that the Trump team would want such an image — and a departure from our long-standing tradition. I still hope that this report is false because it would show a stunning lack of perspective and judgment. However, I have not been able to determine if the story is true. It appears based on one source and one site has pulled back from the initial story which appeared on Huffington Post and MSNBC. If this is a fake news story, I would like to see that confirmed and the culprits revealed. Either it is a shocking lack of judgment on the part of the Trump team in proposing the military display or the media in spreading this story. It is news either way. If false, I would have to hear soon from the Trump Administration. One learns in Washington that you have to stomp out false stories within the first 48 hour news cycle. We are past the cycle without a clear response from the Administration.

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DONALD J. TRUMP — AMERICA’S 45TH PRESIDENT

donald_trump_president-elect_portrait_croppedAs I discussed in my column yesterday, I stayed at home today to watch the inauguration with my kids and to celebrate America’s 71st time that a democratically elected president has taken the oath of office (and our 58th formal inauguration). While my brother and family from Chicago went to the Mall to protest, we raised a toast to the country and the new president for the future. On this day, we celebrate a constitutional system that has weathered wars, depression, social unrest and every type of national crisis. Yet, it (and we) remain. There are many constitutions that are more poetic in language or detailed in powers, but none has the record of this amazing document. It is the common article of faith of a free people and today’s ceremony represented our commitment to a nation governed by a free people.

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Illegal Immigrant Sues San Francisco Police For Assisting Federal Officials In His Prosecution

Seal_of_San_FranciscoThere is an interesting case out of San Francisco where an illegal immigrant from El Salvador is suing San Francisco after police turned him over to United States Immigration authorities. Pedro Figueroa Zarceno, 32, alleges that the police violated the law by helping the federal authorities in the enforcement of the law. He relies on the controversial municipal law barring municipal employees from cooperating with federal immigration authorities seeking to deport a person.

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WHY I WILL NOT BE JOINING THE PROTESTS AGAINST PRESIDENT DONALD TRUMP

donald_trump_president-elect_portrait_croppedBelow is today’s column in USA Today on the protests against President-Elect Donald Trump and why, despite having a house full of family members and friends who have come to protest Trump, I will not be joining them. Instead, I will be home with my kids as we have been in every inauguration – celebrating the peaceful transfer of power in our democracy and wishing the newly elected president (and our country) the best with an inaugural toast. I criticized Trump (and Hillary Clinton) during the campaign (and I will not hesitate to criticize Trump again for policies or actions that I disagree with). However, I find the claims of illegitimacy and attacks this week to be highly disturbing. I totally respect the right of people to come to protest Trump and his policies. However, there appears to be a concerted effort to delegitimize his presidency and create a type of political mythology about this election.

In this column I discuss that mythology and, more importantly, the meaning of the day of inauguration for many of us. Regardless of my criticism of both Trump and Clinton, I always knew that on January 20th I would raise a glass to the 45th President of the United States and wish him or her . . . and us . . . the best of luck in the coming years. It is a time when we reaffirm our commitment not so much to a politician but to each other. We reaffirm a common article of faith that, despite our disagreements and divisions, we remain one country joined by our belief in democratic transition and government. There is much to celebrate this week as a glance around the world at places like Gambia will readily confirm. Donald Trump will be the 45th President. Our President.
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Ariana Grande Declares That She Is The World’s “Hardest Working 23-Year-Old Human”

 

migmotherIt is sometimes fascinating to see how celebrity status can warp the perspective of some stars.  Ariana Grande is clearly one such case.  You may recall how Grande was previously shown in a truly disgusting moment where she licked donuts at a shop and proclaimed how she hated America.  She later clarified that when she said that she hated America, she was really proud of being American.  Now, Grande has caused a firestorm by declaring herself “the hardest-working 23-year-old human being on Earth” as well as noting that she is remarkably “cute.”  With millions out of work and others working multiple minimum wage jobs, readers were irate at how incredibly out of touch Grande is.  By the way, Florence Thompson ( the women in this iconic image from the 1930s) was only a few years older than Grande and had four kids with a fifth child on the way when this photo was taken. Her husband was dead.  Thompson might have worked a tad harder than even Ariana Grande.
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College President Fired For Allowing Homeless Student To Sleep In Library On Record Cold Night

unknownBrian Carroll, campus president at Vatterott College in Kansas City had a human decision to make.  A student of the school was homeless and had no where to sleep on a night with freezing temperature.  Carroll decided to let the young man who is also schizophrenic sleep the night at the library.  For that, Vatterott (one of our growing number of for-profit schools) fired him, according to Carroll.  The young man did not steal anything or damage anything. Vatterott reportedly fired the president for allowing him to come in from the cold.

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