Congress, Constitutional Law, Supreme Court

Did The Founding Fathers Back Health Insurance Mandates? (Updated)

-Submitted by David Drumm (Nal), Guest Blogger

Harvard Law School professor Einer Elhauge writes that the very first Congress, in 1790, passed a law that included a mandate that ship owners buy medical insurance, but not hospital insurance, for their seamen. That Congress included 20 framers and was signed by another framer: President George Washington. In 1792, Washington signed another bill, passed by a Congress with 17 framers, requiring that all able-bodied men buy firearms. In 1798, Congress, with 5 framers, passed a federal law that required seamen to buy hospital insurance for themselves.

Why weren’t these examples cited by the Solicitor General during his oral argument?

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Academia, Science

Eric the Red [Planet]? New Analysis Claims Vikings Found Martian Life

First the Italians took credit for discovering America hundreds of years after Vikings landed on Newfoundland. Now, it appears that the Viking landers discovered life on Mars in 1976, but were once again overlooked. The Genovese have already filed claims that they were it first. It would however explain why there were no valuables or life found on the planet decades after the Vikings land.

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Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics, Society

Jury Selection Starts In Edwards Case with Controversial Campaign Finance Charges

Jury selection began yesterday in Greensboro, N.C., in the federal trial of former presidential candidate John Edwards. Because of the extremely prejudicial aspects of Edwards’ infidelity while his wife was battling cancer, voir dire and pre-trial motions in limine will be critically important in the case. Equally important will be the legal basis for the campaign finance charges in the case over the use of third-party funds to hide his affair with Rielle Hunter. In my view, the charges stretch the law too far but the government will still have to convince a jury. The greatest danger for the defense remains the prejudicial elements and how they may warp the jury’s view of the facts and legal standard.

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Bizarre, Media, Politics

Gingrich: Fox News Is Not Fair Or Balanced

Fox News and Newt Gingrich (who once held a Fox contract) are exchanging blows today after Newt Gingrich accused Fox of an overwhelming bias in favor of Mitt Romney and, even worse for diehard Fox fans, said that CNN offered more balanced and fair coverage. Fox responded that Gingrich was auditioning for “a CNN gig.” That might be a needed job after Gingrich’s $500 check to enter the Utah primary bounced. Now Gingrich is selling the names and addresses of his donors to the highest bidder.

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Animals, Bizarre, Society

Boots Walks: Illinois Court Spares Cat After Deceased Owner Ordered Cat Killed As Part Of Will

In Illinois, Boots has walked from a bizarre death sentence. Boots was the pet of Georgia Lee Dvorak of Berwyn, Illinois. When Dvorak died, she specified in her will that 11-year-old Boots should be put to death. However, the executor of her $1.3 million will — the Fifth Third Bank — could not get themselves to euthanize the friendly cat. So they went to court and got the language set aside in a rare judicial intervention.

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Academia, Bizarre

Note to Bloggers: The Turley Blog Death Star To Be Shelved

After the bruising battle for the top opinion blog in past years, our regulars have been planning to prepare for this year’s competition.  However, I am sorry to report that as of this morning I have decided to shelve the plans for a Turley Blog Death Star. Due to these lean times of downsizing and layoffs, the Death Star is no longer financially practicable in light of the recent report by Lehigh students that the star will cost $852 quadrillion. With current revenue generation from advertisements at zero, we will have to focus on other methods of seeking a competitive edge against Volokh Conspiracy, Ann Althouse and the rest.

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Courts, Criminal law, Politics, Society

Zimmerman Charged With Murder But Can The State Make The Case For Second Degree Murder?

The second degree murder charge of George Zimmerman has received widespread approval. I am in Fort Worth to speak to the Fort Worth Lecture Foundation this afternoon. However, I am receiving a lot of calls on the basis for the charge. I must confess that I am not optimistic on the chances of a conviction unless the special prosecutor has undisclosed evidence to meet the high standard under the state law.  As I discussed on BBC last night, there are substantial challenges to make such a charge stick in this case.

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Constitutional Law, Free Speech, International, Media, Politics, Society

Roma Advocates Seek Ban Of Swiss Magazine Over Incitement

We have followed the growing trend toward criminalization of speech in the West. This morning we have another such story out of Germany over a cover on the Swiss magazine Die Weltwoche, on the increasing numbers of Roma in Switzerland. The cover shows a Roma boy pointing a gun and critics have called for the magazine to be banned for racial incitement. There is ample reason to debate the merits of the cover story, entitled “The Roma are coming.” However, once again, there is a move to ban unpopular speech rather than allow free speech to be its own disinfectant.

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Bizarre, Criminal law, Lawyering, Politics

Former Maricopa County Attorney Thomas Disbarred; Compares Himself To Gandhi

We have previously discussed the abusive tenure of former Maricopa County Attorney Andrew Thomas and his unethical conduct in conjunction with Sheriff Joe Arpaio. In a triumph of ethical ethics, a three-member disciplinary panel of the Arizona Supreme Court has now issued a 247-page opinion (below) disbarring Thomas and one of his former deputies, Lisa Aubuchon, as well as suspending another former deputy county attorney (Rachael R. Alexander) for six months and a day for prosecutorial abuse. In the action, the Arizona Bar not only upheld the integrity of its membership of lawyers but all lawyers. In response, Thomas has denounced the decision and compared himself to Mahatma Gandhi and Martin Luther King Jr. The bar seems to have a different image in mind. It began its analysis with this quote from Proverbs 12:15–17: “The way of a fool seems right to him, but a wise man listens to advice. A fool shows his annoyance at once, but a prudent man overlooks an insult. A truthful witness gives honest testimony, but a false witness tells lies.”

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Academia, Bizarre, Criminal law, Society, Torts

Police Reportedly Pepper Stray Junior High School Students For Failing To Move To Class Fast Enough After Lunch

A former student of mine sent me this disturbing story about students at Jack Robey Junior High School in Pine Bluff being pepper-sprayed when they failed to go to their classes fast enough after lunch. One mother says that her daughter suffered a severe allergic reaction to the spray.

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Politics, Religion

Divine Comedy? Fourth Candidate Told By God To Run Withdraws From Presidential Race

We previously discussed how God appears to be playing a divine joke on Republican candidates who publicly claimed that he caused them to run — only to go down in flames in the primary. Now Santorum has become the fourth candidate who has withdrawn despite divine instructions to run. It appears that we now know the name that God gave Robertson as the next president of the United States — at least one of two names.

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Bizarre, Lawyering

Thor’s Hammer: California Attorney Facing Disbarment After Marrying Elderly Client and Allegedly Misappropriating His Money

The State Bar of California is seeking the disbarment of Linda Nell Lowney, 54, an attorney accused of taking advantage of an ailing and elderly client thirty years her senior. Lowney was the attorney for Thor Tollefsen in handling his estate planning. However, she switched from Thor’s hammer to his hubby in 2006. Thor’s relatives in Norway allege that Lowney proceeded to take his money and effectively abandon him. He died later in a nursing home. The bar investigators agreed and recommended disbarment.

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