Constitutional Law, Courts, International, Justice, Politics, Society

UPDATE – Your Rights Under Attack: What A Difference Judical Review Makes

Stock Photo of the Consitution of the United States and Feather Quillby Gene Howington, Guest Blogger

Recently we discussed the DHS’s self-approval of their draconian and arguably unconstitutional and unquestionably outrageous policy on searching computers within 100 miles of the border (Your Rights Under Attack: What A Difference 100 Miles Makes). This week, a ruling from the 9th Circuit Court of Appeals not only showed the DHS was legally wrong in their self-approval of a policy that runs afoul of the 4th Amendment, but also illustrated the true value of the checks and balances created by the Separation of Powers Doctrine that so many in the Executive seem eager to trample these days. The case at bar was U.S. v. Cotterman.  In a breath of good news for civil libertarians, the 9th Circuit Court of Appeals en banc ruling held that the 4th Amendment does apply at the border despite DHS contention to the contrary.

Let’s look at this case and ruling. Bear with the long restatement of facts as they are relevant to the holding.

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Academia, Congress, Justice, Politics, Science

Is Private Health Care Squeezing the Life Out of Us?

220px-Medical_Care_Card_USA_Sample

Respectfully submitted by Lawrence E. Rafferty(rafflaw)-Guest Blogger

If you have had any medical procedures lately, you may already be aware of the enormous prices being charged by hospitals.  What you may not be aware of is just how expensive this medical treatment is and how relying on private health care may just be reducing our lifespans.  I apologize in advance on the length of the following examples, but they are necessary to understand the enormity of the issue.

“Brill’s article begins with the story of a 42-year-old Ohio man named Sean Recchi, who traveled to MD Anderson Cancer Center in Houston for treatment of non-Hodgkin’s lymphoma. He and his wife Stephanie had paid $469 a month, or about 20% of their income, for insurance that covered $2,000 per day of hospital costs. His financial troubles started when MD Anderson told him, “We don’t take that kind of discount insurance.”  But he had to go to the hospital. His wife recalled that he was “sweating and shaking with chills and pains. He had a large mass in his chest that was..growing. He was panicked.”

Stephanie asked her mother to write a check for $48,900.  Sean waited for 90 minutes while the hospital confirmed that the check had cleared. He was also required to advance MD Anderson $7,500 from his credit card. The total cost for the initial treatment and chemotherapy was $83,900, including a $15,000 charge for lab tests for which a Medicare patient would have paid a few hundred dollars, $283 for an x-ray that Medicare categorizes as a $20 charge, and $1.50 for a generic version of a Tylenol pill.”  CommonDreams  Continue reading “Is Private Health Care Squeezing the Life Out of Us?” →

Academia, Lawyering, Society

Shackling Our Wisdom With Rules

By Mark Esposito, Guest Blogger

wisdomIn Maryland, a seven-year-old boy is suspended from his school under its “zero tolerance” policy because he nibbles a pastry into the shape of a handgun and says “Bang!” “Bang!” (Here).  In California,  a high school principal refuses to let an ambulance come onto a football filed to tend to a seriously injured player citing school board rules. (Here). A nurse at a home for the aged ignores the furtive pleas of a 911 dispatcher and refuses to perform CPR on a woman dying of cardiac arrest because she says its policy not to do it.  (Here). She won’t even get someone else to do it.

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Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, Justice, Media, Military, Politics, Society, Supreme Court

SWAT: Is America Coming Under Martial Law?

Submitted by: Mike Spindell, guest blogger

flag-american1 This blog, like many others has an internal search function that will lead you to past stories. It is located beneath the smiling countenance of our proprietor on the upper right. If you enter SWAT into search, you see that the first archive page shows 19 stories involving SWAT raids that were unnecessary and/or unwarranted. In those raids 4 people and 9 dogs were shot in error by the SWAT Team. Just a catalog of the shootings belies the terror that these raids can instill in people who are merely residing within their homes. Many of the articles detail doors suddenly smashed open, flash grenades and gas grenades tossed into the home, people thrown to the floor handcuffed and left for hours in that position, by invading SWAT teams that either had the wrong house, faulty leads and or in some cases enforcing what were clearly civil warrants. In one instance in California a SWAT raid was carried out due to the suspicion of a defaulted student loan. http://jonathanturley.org/2011/06/08/california-family-hit-with-swat-raid-ordered-by-the-department-of-education/

I believe that the rise of these SWAT teams is leading this country towards martial law and what we all commonly understand is a “police state” as repressive as any we’ve seen in the past century. We have seen constant encroachment on our citizens Constitutional protections and a continued erosion of “the Bill of Rights”. Free Speech, the right to peacefully assemble, Habeas Corpus and safety from unwarranted intrusion in our own homes, among others, have been steadily eroded under various guises, be it the drug war, or national security. In my opinion the SWAT team concept, which militarizes our police forces, is leading this nation to what I see as a state of Martial Law. Despite ones place on the currently inflamed political spectrum, this is a problem that I think concerns us all as citizens, not as partisans. I will present to you sufficient proof of my belief, the majority of which will come from what can be fairly described as a “Libertarian Think Tank” and which was founded by Charles Koch, among others. When I find myself on the same side on an issue as the Cato Institute, then I know with certainty that my fears are well grounded and unrelated to any personal partisanship of my own. Continue reading “SWAT: Is America Coming Under Martial Law?” →

Constitutional Law, Torts

It’s Hard Out There For A Pimp

-Submitted by David Drumm (Nal), Guest Blogger

OKeefeJuan Carlos Vera will receive (US)$100,000 in a settlement of his lawsuit against James O’Keefe. The money is to be paid within 30 days and, as part of the settlement, O’Keefe “regrets any pain suffered by Mr. Vera or his family.” Vera was an employee of ACORN in National City, California, when, in 2009, James O’Keefe, posing as a law school student boyfriend (not a pimp) and Hannah Giles, dressed similarly to a prostitute, surreptitiously video-taped the encounter. A “severely edited” version was published by the late Andrew Breitbart and Vera was subsequently fired.

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Congress, Constitutional Law, Courts, Military, Society

A Non-Combatant Terrorist? Holder Issues New Statement On Obama’s Right To Kill Citizens Without Charge or Conviction

dronetoy2PresObamaWe previously discussed how Attorney General Eric Holder wrote a letter confirming that the President would have authority to kill citizens on U.S. soil without a charge or conviction. His answer triggered a principled filibuster by Sen. Rand Paul and another embarrassment to Democratic Senators who, again, chose personality over principle in staying silent. Now, Holder has issued a new statement. No, President Obama still claims the right to kill U.S. citizens on his sole authority. However, Holder now says that, if the citizen is “not engaged in combat on American soil,” the President cannot vaporize him. The answer leaves the constitutional claim of Obama even more confused and conflicted. Does this mean we have a third category now under the policy: citizen, citizen terrorist, and citizen non-combatant terrorist? The difference appears to determine whether you can be vaporized or speak to counsel but Holder is not explaining to the citizenry.

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Congress, Constitutional Law, Criminal law, International, Society

Members Denounce Decision To Give Al Qaeda Spokesman Real Trial

BinLadenSoninLaw_20130308_045031Congress is again showing its traditional contempt for the rule of law this week with members crying foul that Sulaiman Abu Ghaith, an Al Qaeda spokesman and son-in-law of Usama bin Laden, would be actually given a fair trial. Senators like Lindsey Graham (who just yesterday condemned a fellow Senator for standing against Obama kill list policy) has denounced the decision not to give Abu Ghaith a military tribunal trial where basic constitutional protections are denied to detainees.

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Bizarre, Criminal law, International, Politics

Speed Trap: Leading Economist and MP Face Jail In Expanding Scandal Over A Speeding Ticket

220px-Chris_Huhne_MP_cropThere is a verdict in the trial of economist Vicky Pryce, 60, the wife of former cabinet minister Chris Huhne (left). Pryce raised a “marital coercion” defense in saying that her husband coerced her to lie and take his speeding points 10 years ago. It is a bizarre case, not only because you have a successful woman claiming that she was coerced into this act, but also the level of prosecution over that taking of speeding points.

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Academia, Constitutional Law, Courts, Politics, Society

Alabama Judge Orders Governor Not To Sign Controversial Education Bill

Price.Charlesbentley_portrait_180There is an interesting case out of Alabama where Circuit Judge Charles Price has issued an extremely rare order blocking a governor from signing a controversial education bill. Price wants to have a mid-March hearing on the legal issues surrounding the education bill and does not want Governor Robert Bentley to sign it until then. The teachers’ group, Alabama Education Association, has argued that the Republicans bypassed state rules in the inclusion of a tax credit measure. Even if they are right, however, Price’s order seems wildly out of line as a constitutional matter.

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Congress, Constitutional Law, Politics

Rand Paul Takes Stand Against Obama’s Kill List Policy . . . Virtually Alone

220px-Rand_Paul,_official_portrait,_112th_Congress_alternateSen. Rand Paul has ended his day-long filibuster against President Obama’s claim to be able to kill any U.S. citizen on his own authority without criminal charge or conviction. What was most striking about this principled stand is the virtual total absence of Democrats in speaking out against Obama. Just this week, Attorney General Eric Holder admitted that this policy could include killing citizens on U.S. soil with drones. Yet, the Democrats worked to stop not the kill list policy but Paul’s filibuster. Obama apologists have attacked Rand for some of his other positions to avoid dealing with the fact that Obama is claiming the powers of an Imperial President. I do not agree with Paul on many things, but I commend him for this stand and condemn those who remained silent, again, in the face of this authoritarian policy of Obama.

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Military, Politics, Society

Report: Most of the $60 Billion In Iraqi Aid Wasted

170px-Bush_and_al-Maliki220px-Barack_Obama_&_Jalal_Talabani_in_Baghdad_4-7-09In the last few weeks, the Administration has been pushing hard to show how sequestration has produced dire consequences even though it involved only $85 billion (including the implausible claim that thousands of illegal aliens had to be released due to the cuts). For some of us who have complained about the Administration giving billions to Israel and other countries, it was a hard sell even if you do not agree with sequestration. Now a report has come out showing, as has been discussed for years on this blog and other sites, most of the $60 billion given to Iraq in the last ten years was wasted or lost to open corruption. The long documented waste of billions did not cause either the Bush or Obama Administration (or Congress) to take meaningful steps to stop the funding or, better yet, pull out of the country.

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Academia, Science

Genetic Time Capsule: South Carolina Man’s DNA Shows Male Ancestor 338,000 Years Ago

130305-coslog-ychrom-440p.photoblog600220px-NeanderthalensisA South Carolina man, Albert Perry, recently died and one of his relatives decided to submit a DNA sample to a company called Family Tree DNA to help detail their genealogical tree. The company however was confused because his Y-chromosome did not appear in his family tree. Later analysis by Michael Hammer, a geneticist at the University of Arizona in Tucson, found that Perry’s Y chromosome showed that his male lineage probably separated from all others about 338,000 years ago. Before Perry, all men could be traced to a genetic “Adam” who lived between 60,000 and 140,000 years ago. Now we have a man with a link that goes back almost 200,000 years earlier. Of course, that does not quite fit with creationists who believe the Earth is only 5000 to 6000 years old, but for the rest of humanity it is a pretty interesting discovery.

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Criminal law, Society

New Mexico Man Held 22 Months Without Trial Is Awarded $15.5 Million

120125-dui-hmed-10a.photoblog600Dona Ana County in New Mexico has agreed to pay Stephen Slevin, 59, $15.5 million after it kept Slevin in solitary confinement for 22 months without a trial for a DUI arrest. The horrific case was made worse by years of litigation by the county, which refused to pay a court verdict that was originally $22 million. One of the most disturbing facts of this case however is that not a single county employee was fired over his grotesque treatment, which included the denial of necessary medical attention.

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Courts, Lawyering, Society

New Mexico Judge Resigns Amid Allegations of Sextexting and Misconduct

220px-William_Ballantine_Vanity_Fair_5_March_1870_(crop)It appears some things do not stay in Vegas. State District Judge Eugenio S. Mathis, 58, of Las Vegas, N.M., has resigned from the bench after being accused of sextexting his wife from the bench as well as other alleged misconduct. He has also agreed never to hold a judicial position again.

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