We previously discussed the botched execution in Oklahoma and the questions that it raised about our methods of execution. Now we have another horrific execution story to report. In Arizona, it took almost two hours for the prison to execute Joseph R. Wood III. The execution took so long that his counsel had time to file emergency papers with the federal court saying “He is still alive.”
Continue reading ““He Is Still Alive”: Arizona Takes Two Hours To Execute Prisoner”

The halls of Congress have been crawling for years with lobbyists and influence peddlers seeking to cash in on government largess. However, one creature proved too much this year in the Senate. The Architect of the Capitol rolled out yellow police tape and sealed off a bathroom in the Dirksen Senate Office Building after a woman was spotted crawling with bed bugs while waiting to attend a Senate Indian Affairs Committee.
By any measure, former Wayne County Circuit Judge Wade McCree was a disgrace to the bench. The worse of his violations was his affair with the wife of a man in a child-support case before his court. However, while calling McCree’s conduct “often reprehensible,” a three-judge panel ruled that his affair with a litigant before him was still covered by judicial immunity when the former husband Robert King sued for damages in a civil rights case. The United States for the Sixth Circuit barred such recovery as a matter of judicial immunity in what will likely be a highly controversial decision.
California lawyer Daniel Bornstein is controversial for his work on behalf of landlords and the use of eviction laws in San Francisco. It was not entirely unexpected therefore when protesters suddenly appeared at a 2014 seminar on eviction law. I have always opposed such protests that seek to prevent others from hearing the views of speakers or teachers. I can understand therefore why Bornstein was upset. However, he has been accused by an activist of taking the step of filing a copyright infringement claim with YouTube to get the company to pull a video of the incident below. It is not clear if the video below is the same video or whether some material has been removed from the original.
Continue reading “Copyright Infringement or YouTube Harassment? California Lawyer Succeeds (Temporarily) In Pulling Protest Video From YouTube”
The Islamic State of Iraq and the Levant (ISIS) continues to show the world how systemic murder and terror can be justified in the name of religion as the work of the faithful. Now, after brutalizing the population of Mosul, ISIS has turned its attention to those godless tramps of fashion: mannequins. ISIS has ordered that all mannequins be covered in veils as another application of medieval Sharia law.
Continue reading “ISIS Orders All Mannequins in Mosul To Wear Veils”
It appears that passengers now tweet at their own peril on airlines. We have previously seen how tweets have gotten passengers pulled from planes, including tweets that simply joked or criticized an airline. Now in Minneapolis, Duff Watson says that he was pulled from a Southwest Airlines flight because he tweeted his dissatisfaction with a gate agent. He says that the agent told him that his tweet calling her rude left her feeling threatened and that he could only fly with his children if he deleted the tweet. It appears a new twist on the company’s slogan, If it matters to you, it matters to us.

Below is my column today in the Chicago Tribune on the rivaling rulings in the D.C. Circuit and the Fourth Circuit over a critical provision under the Patient Protection and Affordable Care Act (ACA). As an academic interesting in statutory interpretation and legisprudence, the opinions are fascinating and capture two different but well-argued views of the role of both courts and agencies in dealing with legislative language.
Continue reading “A TALE OF TWO CIRCUITS: OBAMACARE IS EITHER ON LIFE SUPPORT OR IN ROBUST HEALTH”
Thirty women who work at two strip clubs, Cheetahs and Expose, are suing the city of San Diego and police Chief Shelley Zimmerman for what they allege were “license inspections” that were really photo ops for officers who snapped pictures of dancers in dressing rooms during a raid on July 15, 2013. (No, those are not supposed to look like two stripper poles on the police patch).
Continue reading “San Diego Police Sued Over Stripper “Inspections” At Two Clubs”
An Egyptian court this week sentenced three al-Jazeera journalists to long jail terms despite international outcry over the attack on the freedom of the press. To further guarantee that nobody would mistake this for a real court, the judge further accused them of being guided by the devil in their work as reporters. Australian journalist Peter Greste, Egyptian-Canadian Mohamed Fadel Fahmy and Egyptian producer Baher Mohamed were convicted in June of aiding the Muslim Brotherhood by covering the “civil war” in Egypt. The court gave Greste and Fahmy seven-year terms and Mohamed a 10-year term. It also tried eleven defendants in absentia, including one Dutch and two British journalists. They were given 10-year sentences.
Continue reading “Egyptian Court Jails Three Journalists After Denouncing Them As Being Guided By The Devil”

Soon after the D.C. Circuit delivered a major loss to the Administration in rejecting its statutory interpretation under the ACA in Halbig v. Burwell, the United States Court of Appeals for the Fourth Circuit has delivered an equally important victory on the very same issue in King v. Burwell. This tale of two circuits only increases the likelihood of a Supreme Court review and perhaps the case for expedited appeals.
Continue reading “Fourth Circuit Rules For Obama Administration On ACA Interpretation”

As I have written about in columns and testimony, the most significant challenge to Obamacare was never Hobby Lobby but Halbig vs. Burwell that has been pending in the D.C. Circuit. I described Halbig in my testimony as a live torpedo in the water for Obamacare. Well, that torpedo just hit. The D.C. Circuit has found that the Obama Administration effectively rewrote the law on a critical provision dealing with tax credits and state exchanges. It is another major blow against the Administration and more importantly another judicial finding that President Obama exceeded his authority in his effort to “go it alone” in ordering such changes to federal laws.

Sometimes saying “God is my co-pilot” is more than an aspirational bumper sticker. Prionda Hill, 25, insists that she took it seriously when she said that God told her that he would drive her 2006 Pontiac Grand Prix. Either God is another elderly driver past his prime or he wanted to do in Anthony Oliveri, 47, because he immediately ran the car off the road and slammed into Oliveri on his 2001 Harley-Davidson.
Lee Hansen, a professor emeritus of economics at UW-Madison, has caused a stir in academic with an article entitled “Madness in Madison” with the John William Hope Pope Center for Higher Education, a North Carolina-based think tank. The article quotes at length from a UW-Madison guideline entitled Forward Together: A Framework for Diversity and Inclusive Excellence that refers to equity in grading and also references how minority students should be allowed into special programs or high-demand majors. The broad language raises concerns with faculty like Hansen over how professors are supposed to achieve these goals and whether they will be evaluated based on such guidelines. Hansen is a well-respected economist with a long and impressive academic history.
Danielle Saxton clearly wanted to look hot and she succeeded. The 27-year-old Illinois woman was arrested after she posted pictures on Facebook showing herself in a shoplifted dress. The multicolored leopard print dress with a black waistband was stolen from Morties, a store located in West Frankfort where Saxton resides. Saxton added the caption “Love my dress.” She was not alone.
Continue reading “Looking Hot: Illinois Woman Arrested After Posting Selfie With Stolen Dress”
There is a disturbing child pornography case out of Nebraska that also raises some challenging legal questions. Jeffrey Anderson, who entered a conditional guilty plea for one count of distributing child pornography, after digitally editing a photo of a naked adult woman having sex and replaced the face with that of an 11-year-old girl. He then sent the girl the photo with the caption “This is what we will do.” The Eighth Circuit upheld his 10-year sentence in rejected the conditional challenge to the charge.