Well, Congress still beats out intestinal blockages in popularity. The latest Gallup monthly survey shows that Congress is now only viewed favorable by 13 percent of American. Other polls show it as 9 percent. This makes it less popular (as shown in the chart in the article below) than Hugo Chavez and communism taking over the United States. Hell, even Paris Hilton is more popular than Congress.
Continue reading “Thirteen Percent: Congress Is Now More Unpopular Than A Communist Takeover”

One of the most interesting aspects of the litigation over health care has been the Obama Administration’s push for review in the Supreme Court. Rather than slow walking the case, the Administration facilitated a review that will result in a ruling before the election. As on many other decisions by this White House, the political calculation seems counterintuitive. I have said in interviews that I do not know which will be worse politically: for the Administration to lose before the Court or to win. Now a poll suggests it might be the latter. Gallop found this week that 47 percent of Americans want to see the law repealed. Only 43 percent favor the law. Fifty-six percent still prefer the use of private insurance over a federal insurance program. This poll joins the sobering fact that a majority of states are now in court in an unprecedented opposition to the federal law. Regardless of how you feel about health care, this is not how you pass a major new program and is the result of the decision by the White House and Democratic leaders to muscle through this vote on the thinnest of margins.
Continue reading “How Not To Pass A National Health Care Program: New Poll Shows Almost Half of Americans Want The Repeal of the Health Care Law”
We just explored the Orwellian Chinese campaign against “fake journalists.” Now, we have a story that would make Big Brother blush. China has long opposed the Nobel Peace Prize because of its recognition of people the regime has oppressed like imprisoned dissident Liu Xiaobo. China therefore offers the alternative and laughable Confucius Peace Prize. The regime just announced its 2011 winner of the man who inspires millions with his image and message of peace: Russian Prime Minister Vladimir Putin. Putin celebrated the news recently by bragging that he can destroy America in 30 minutes. Mother Teresa is lucky she did not have this competition when she lived.
Continue reading “And China’s Pick For The 2011 Peace Prize Is . . .”
In the Orwellian world that is the People’s Republic of China, one has to often reverse the meaning of terms to understand their true meaning. That is the case again this week when China announced a new crackdown on journalists to “protect” the public from “fake journalists and news.” In modern Chinese, that means protecting the public from real journalists. The crackdown is being carried out by he General Administration of Press and Publication (GAPP).
Continue reading “Credibility Gapp: China Cracks Down on “Fake Journalists” In Further Denying Freedom of Press and Speech”
If any of our regular readers received the Virginia Lawyer’s Weekly, they would have spotted a familiar name in a recent notable case. Mark Esposito, one of our esteemed Guest Bloggers, featured prominently in the case — showing that he is as talented in the legal sphere as he is in the blogosphere. He won in the clever use of the doctrine of quod approbo non reprobo. It might be easier in the future for court to just call it “a Mespo” claim. The case is Womack v. Yeoman (VLW 011-8-207)
Continue reading “Mespo’s Approbo Non Reprobo: Virginia Court Reaffirms Approbating and Reprobating Rule In Victory For Turley Blogger”
This story struck me as relevant to the discussion that we just had in class about strict liability for wild animals. The common law makes a possessor of a wild animals strictly liable for any bites or injuries. This liability is often based on the lack of animus rivertendi, or habit of return — the notion that you cannot completely domesticate a wild animal. That is a lesson that Marius Els, 41, learned too late in keeping his pet hippopotamus, Humphrey.
Continue reading “Humphrey The Hippo and the Wisdom of Strict Liability For Wild Animals”
First we saw how the cats convinced dogs to give up their beds. Now they are training puppies to be masseurs and indentured servants.
Continue reading “Puppy Love”
EXCLUSIVE. Loyola University Professor Ralph Braseth in Chicago has shared with me a complaint alleging another incident of police ordering a citizen to delete videotape of an arrest taken in public. I have previously written about this worrisome trend. The difference is that Braseth is a journalism professor. The complaint raises some extremely serious allegations of censuring a journalist and violating core constitutional rights. If true, it is a telling retort to the taunting remarks of Judge Richard Posner recently about the “snooping” of citizens on police.
Continue reading “Chicago Journalism Professor: Chicago Police Department Detained Him and Deleted Video of Arrest”
We have previously discussed the question of recusals involving Justice Clarence Thomas and his violation of reporting rules on the Court. Now, a similar debate is likely to start over the participation of Justice Elena Kagan in any review of Patient Protection and Affordable Care Act. The loss of Kagan could be determinative in a close vote on the Court, but that is always the danger in selecting your Solicitor General as a nominee. While Kagan used the announcement of cases on Monday to recuse herself for other cases, she notably did not include the Florida case.
Continue reading “Should Kagan Recuse Herself From The Health Care Case?”
Tennessee state Rep. Rick Womick has gone public with his view of a necessary reform of the U.S. military to make our country safer: bar all Muslims from military service. The openly bigoted proposal was accompanied by equally bigoted rhetoric and insulted not just all Muslims but dishonored the many Muslims serving honorably in our armed forces. His website proclaims that “[o]thers may regard politics as a basis for gaining power and influence, but Rick sees politics as a chance to provide conservative leadership that will uphold our state’s slogan and ensure, ‘Tennessee…America at its Best!'” You can judge if Rep. Womick represents America at its best.
Continue reading “Tennessee Legislator Calls For All Muslims To Be Removed From The Military”

Michael Avery, a professor at Suffolk University Law School, has found himself at the center of a raging storm after he sent the four-paragraph email below to colleagues complaining about the “shameful” program at the school to send care packages to U.S. troops abroad. Avery, a constitutional law professor, objected to send such packages to people “who have gone overseas to kill other human beings.” As you might imagine, the response has superheated with even Senator Scott Brown (R., Mass.) attacking the professor.
Continue reading “Suffolk University Law Professor Triggers Firestorm With Criticism of Care Packages To U.S. Troops”
This just on the wire: The Supreme Court has accepted cert in the health care litigation. The resulting decision could have sweeping implication for the future of federalism in this country.
Continue reading “Cert Granted: Supreme Court Accepts Health Care Challenge”


For people who value the Rule of Law, the last Republican debate reached a new low. One would think that the promise of war and torture has now replaced work and taxes as the main issues for voters. To their great credit, John Huntsman and Ron Paul stood against torture as “unAmerican.” However, as noted in prior blogs, Herman Cain and Michele Bachmann called for the use of torture in the resumption of the waterboarding program. In the meantime, Gingrich called for yet another war: this time against Iran unless it yields to our demands. He and Santorum appeared to add promises of the murder of scientists as part of their package of promised presidential acts. I will be moderating a debate on torture this week organized by Ralph Nader’s “Debating Taboos” program.
Continue reading “War and Torture: The Platform of the Future?”
Now this is an interesting negligence case. An estimated 33,000 people in Rhode Island have been left without medical records after Dr. Nomate Kpea, a dermatologist, left for Nigeria to run for political office — leaving their files in foreclosed properties in the state.
Continue reading “Rhode Island Doctor Accused of Abandoning 33,000 Patients To Run For Office In Nigeria”
Scientists have announced that they have invented a super strong mouse. One could debate whether we really need a super-strong mouse. However, those concerns would appear magnified for the Swiss with their copious amounts of cheese to protect. Yet, Swiss scientists believe that they have created a faster and stronger mouse.
Continue reading “Scientists Invent Mighty Mouse: Medical Breakthrough or Swiss Conspiracy?”