Academia, Congress, Constitutional Law, Courts, Lawyering, Media, Politics, Society, Supreme Court

HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT

800px-Capitol_Building_Full_ViewToday, we filed our complaint United States House of Representatives v. Burwell (Case 1:14-cv-01967), in the United States District Court for the District of Columbia. The House’s complaint contains eight counts concerning constitutional and statutory violations of law related to the Patient Protection and Affordable Care Act (ACA). There are a myriad of unilateral amendments to this Act, ordered by President Obama’s Administration, which could be the subject of a challenge, and there are a number of changes that are already being litigated, including King v. Burwell, which has been accepted by the Supreme Court for review. The House’s complaint, however, focuses on the Administration’s usurpation not only of the House’s Article I legislative authority, but also of the defining “power of purse.” Both of these powers were placed exclusively in Article I by the Framers of our Constitution. These constitutional and statutory claims are highly illustrative of the current conflict between the branches over the basic principles of the separation of powers. The House’s complaint seeks to reaffirm the clear constitutional lines of separation between the branches – a doctrine that is the very foundation of our constitutional system of government. To put it simply, the complaint focuses on the means rather than ends. The complaint is posted below.

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International, Society

From Whence We Came: One Account Of Retracing “The Voyage” In Search Of Answers Under The Sicilian Sun

250px-Statue_of_Liberty_7President Obama’s changes to the immigration status of millions of illegal immigrants has caused the expected firestorm of controversy. I have previously criticized the decision to withhold the details of the plan until after voters went to the polls and I continue to view the changes as an assault upon the doctrine of separation of powers. While I have always recognized the wide latitude given to presidents in the past in prioritizing enforcement, this is an open circumvention of Congress to achieve by executive fiat what was denied in legislation. However, I have also been thinking about the families themselves and my own family’s history in coming to this country. Many Americans are finding themselves taking journeys of their own — retracing the often harrowing steps of their ancestors in coming to this country in looking for a better life.

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Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Religion, Society

Criminal Cackling? Irish Pro-Life Advocate Convicted Of Harassment Over Protest At Clinic

maxresdefaultThere is a troubling report out of Ireland that raises many of the concerns that we have discussed earlier about the erosion of free speech in the West. Bernadette “Bernie” Smyth is one of Northern Ireland’s most prominent anti-abortion activists and the founder of Precious Life, a pro-life group. She was convicted this week of two counts of harassment that stem from her picketing of the country’s only abortion clinic. The charges were brought by the clinic’s director, Dawn Purvis, who runs the Belfast branch of Marie Stopes. However, the line drawn in the case could create a chilling effect on political and religious speech in the future.

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Bizarre, International, Military, Politics

Pentagon Accused Of Paying Ransom For Bergdahl To An Afghan Con Man Who Disappeared With The Money

305px-USA_PFC_BoweBergdahl_ACU_CroppedDefense_Finance_Accounting_Services_(DFAS)_Official_SealIt has been a virtual mantra of U.S. policy for decades that we do not negotiate with terrorists and never never pay ransoms. That is why a new report is so startling even though it has received relatively little attention. The Pentagon reportedly gave an unspecified but large amount of money to an Afghan for the release of Army Sgt. Bowe Bergdahl and then found out the money and the Afghan disappeared without a trace. The Pentagon is denying that it tried to pay a ransom for Bergdahl.

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Environment, Science, Society

Kitty Litter Dirty Bomb: New Mexico Nuclear Disposal Plant Causes $500 Million of Damage By Using Wrong Kind Of Kitty Litter

220px-CatfillerRadioactive SymbolThere are so many surprising aspects to this story including the two salient points that we use kitty litter in nuclear plants and using the wrong kitty litter can cost you half a billion dollars. However, a recent report states that the mismanagement of the kitty litter issue at the Los Alamos National Laboratory (LANL) in New Mexico by its private operator, Los Alamos National Security LLC, led not only damage, but the injury of at least 20 workers — and the creation of a type of kitty litter dirty bomb. The concerns of an Al Kitta threat however may be premature. It turns out that you can avoid the risk by selecting clay-based kitty litter over wheat-based kitty litter.

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Criminal law, Lawyering, Society

FSU Shooter Identified As Lawyer And Former Prosecutor Myron May [Updated]

Myron_May_pic_fullThe Florida State University community is still in shock over the killing of three people and wounding of others on campus. The bar was rocked today with the news that the alleged killer was one of our own, FSU graduate and attorney Myron May. May’s final post on Facebook was the biblical verse, “Blessed are the poor in spirit, for theirs is the kingdom of heaven.”

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Constitutional Law, Environment

Oil Company Seeks Over $1 Billion In Takings Claim Against California County For Banning Fracking

398px-BarnettShaleDrilling-9323There is an interesting out of California where Citadel Exploration, an oil company, has sued the San Benito County for $1.2 billion for banning fracking and oil extraction on land within its jurisdiction. Citadel is arguing that the ban constitutes a regulatory taking and that it is entitled to the value lost, which it says amounts to 20-40 millions barrels of oil and a profit of $1.2 billion. It is a troubling case for environmentalists and land use advocates seeking to place limitations on certain industrial activities viewed as harmful.

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Criminal law, Society

Georgia Man Shoots and Kills Driver Who Mistakenly Pulled Into His Driveway . . . Allowed To Plead To A Single Misdemeanor With No Jail Time and A $500 Fine

Sailorslilburn-victimThere is a surprising plea deal in Georgia this week where Philip Sailors, 69, (left) was accused of responding to Rodrigo Diaz (right) pulling into his driveway by mistake by shooting him in the head and killing him. Sailors has now been allowed to plead out on a single misdemeanor for involuntary manslaughter with no jail time. He was facing a murder charge. Under the plea bargain, Sailors will serve 12-months’ probation and pay a $500 fine. What is equally striking is that Sailors declined to say a word of apology to the family of Diaz when he appeared in court to accept the plea bargain of lifetime. We previously discussed this case.
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Bizarre, International, Media, Military, Politics, Society

Syrian Sniper Film Revealed To Be Hoax Funding By The State-Supported Norwegian Film Institute

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We have previously discussed how filmmakers are releasing fake videos such as the recent profiling video out of New York — a practice that is not only dishonest but highly counterproductive for groups seeking to address such abuses. Now it appears that a moving video of a Syrian boy heroically rescuing a little girl under fire is a fake, but director Lars Klevberg, 34, is heralding his hoax as a wonderful success and is entirely unapologetic for misleading millions of people.

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Criminal law, International, Society

Thai Officials Enlist Interpol In Search For Two Americans Accused Of Stealing and Shipping Body Parts

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Authorities in Thailand have asked for the help of the U.S. and Interpol to arrest two Americans who are accused of trying to mail body parts of infants and three adults to the United States. The two men accused of this disgusting crime may not come as much of a surprise to some people already familiar with their names: Ryan Edward McPherson, 31 (aka “Ryen McPherson”) and Daniel Tanner, 33. The two are producers of the infamous “Bumfights” video series where they paid homeless men small amounts of money to fight each other and have “Bumfights” tattooed on their foreheads. They reportedly made millions of the films. In this case, they are accused of buying such items as an infant’s head with its scalp sliced off as a fun gift to take home. The humor may be lost on McPherson and Tanner if they find themselves entertaining in a Thai prison. It expect they are two exports that most officials would gladly like to send to Thailand for good.

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Constitutional Law, International, Religion, Society

Human Rights Watch Demands That Indonesia End Virginity Tests For Female Officers

125px-Flag_of_Indonesia.svgHuman Rights Watch LogoThe Human Rights Watch has issued a rather shocking report that Indonesia continues to require medical exams for female police recruits to confirm that they are virgins. It is the latest example of the abuses and challenges facing women who try to find work in some countries. Other countries with such virginity tests include our erstwhile allies Egypt, India and Afghanistan.

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International, Society

Report: Cheese Consumption Rises But No One Does Fromage Like The French

800px-Amsterdam_-_Cheese_store_-_1605There is an interesting study out this week on cheese consumption that shows some surprising statistics on the consumption of food around the world. For anyone who has been to France, it will hardly surprise you that the French lead the world in cheese consumption but the amount is staggering? How much cheese do you believe that average French person eats a year?

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Academia, Constitutional Law, Society

No Emancipation Before Matriculation: New Jersey Woman Secures Court Order To Force Parents To Pay Her College Tuition

caitlyn-ricciThere is an interesting ruling out of New Jersey where a court has ruled that parents of an estranged adult daughter must pay for her college tuition. It is a ruling that runs against the traditional view that upon a child reaching the age of majority, parents are relieved of their mandatory financial obligations just as children are emancipated from their control. We discussed a prior case where a court ruled against such an adult daughter seeking tuition. However, Caitlyn Ricci has secured a ruling that her biological parents Michael Ricci and Maura McGarvey must pay the tuition even though she moved out of their home and has seen them for years — except in court.

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Animals, Environment, International, Science, Society

Report: Polar Bear Numbers Decline By 40 Percent In Canada and Alaska

800px-Polar_Bear_-_AlaskaThe polar bear has become the symbol of the plight of animals in the face of global warming. A new report appears to reaffirm the plight of these incredible animals. A study in the Ecological Applications journal reports that the number of polar bears in eastern Alaska and western Canada has declined by 40%. Perhaps the most unnerving disclosure is that just two of 80 polar bear cubs that the international team tracked between 2003 and 2007 have survived.

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