-Submitted by David Drumm (Nal), Guest Blogger
Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment at Yale Law School, has a different perspective on the constitutionality of the Affordable Care Act. Professor Balkin argues that the individual mandate is a tax and the Constitution gives Congress the power to tax and spend money to promote the general welfare.
This necessarily and properly avoids the Commerce Clause.
-Submitted by David Drumm (Nal), Guest Blogger
The 7-year-old boy was a student at Hammonton Early Childhood Education Center in Hammonton, NJ. The police were called after a report of “suspicious activity.” The “suspicious activity” involved a $5 toy gun, similar to a Nerf toy gun, that the child brought to school. The boy was charged with possession of an imitation firearm in or on an education institution, a misdemeanor offense.
The real offense is that the police took this incident seriously.
Continue reading “Criminal Charges for a 7-Year-Old Who Brought a Nerf-Style Toy to Class”
-Submitted by David Durmm (Nal), Guest Blogger
For your listening enjoyment, we present The Vogues in glorious STEREO!
Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger
I have previously written about certain politicians wanting to reduce Disabled Veteran’s disability payments in order to reduce the nation’s debt. Now it seems that even the Military health care system called Tricare, is balking at providing the necessary, albeit expensive, cognitive rehabilitation therapy for brain injured military personnel. Once again, wounded vets are being taken advantage of by the very system that is designed to provide them with medical care.
Submitted by Elaine Magliaro, Guest Blogger
Since the implementation of the U. S. Military’s Don’t Ask, Don’t Tell policy in 1993, more than 14,000 gay and lesbian soldiers have been discharged from service. According to the GAO, of those discharged, more than 750 were mission-critical service members and more than 320 had skills in Arabic, Farsi, and Korean languages. Yet, while
gays and lesbians with special knowledge and skills were being discharged from the military, the army increased its number of waivers for recruits. According to a 2007 article in the New York Times, military waivers increased 65% from 2003 to 2006. During those years, the Army accepted more applicants who were high school dropouts and applicants who obtained low scores on aptitude tests. The Army also increased its number of “moral waivers” for individuals with criminal pasts. The “sharpest increase” in waivers was for applicants who were guilty of serious misdemeanors—including burglary, robbery, vehicular homicide, and aggravated assault.
Continue reading “Don’t Ask, Don’t Tell…DON’T Pay!: On Dan Choi, Gays, and the Military”
-Submitted by David Drumm (Nal), Guest Blogger
EMTALA is an acronym for Emergency Medical Treatment and Active Labor Act passed in 1986 and signed into law by then-President Ronald Reagan. It requires hospitals and ambulance services to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status or ability to pay. Since there are no provisions for reimbursement, it’s often cited as an example of an unfunded mandate. EMTALA applies only to “participating hospitals”, those who accept funds under the Medicare program, which for practical purposes, is all hospitals. EMTALA was enacted to prevent the practice of “patient dumping”, where, because of the inability to pay or insufficient insurance, hospitals would discharge emergency patients. Hospitals and physicians can incur a $50,000 fine for each violation.
EMTALA provides access to the health care system for everyone.
-Submitted by David Drumm (Nal), Guest Blogger
While Pope Benedict XVI has long championed organ transplants, he, himself, is not an organ donor. While the former Cardinal Joseph Ratzinger has possessed an organ donor card since the 1970s when he lived in Germany, that card became null and void when he was elected pope.
I was hoping for a spleen.
Submitted by Mark Esposito, Guest Blogger
Those of us on this side of the jury box routinely think the jurors hang on our every word and feel greatly honored to sit in judgment of their fellows. Well maybe some do, but here’s an actual letter (misspellings and all) from Juror #5 to a trial judge lamenting his plight:
Continue reading “Juror #5 And The “Privilege” of Jury Duty”
Alabama Municipal Judge Carlton Teel is packing more than legal principles under his robe. When a defendant Brian (Bryant) Keith Ford reacted badly to a sentence and started swinging his crutches at the judge, Teel whipped out a gun and then a deputy shot Ford in the side.
Continue reading “Alabama Judge Pulls Gun On Violent Defendant”
Ninth Circuit Chief Judge Alex Kozinski (left) has written an order (below) absolving a magistrate judge (believed to be Magistrate Judge Edward Chen) of ethical charges after he spoke out publicly against “institutionalized racism” and the criminalization of immigration laws.
Continue reading “Court: Judge Allowed To Speak Publicly Against Federal Law and “Institutionalized Racism””
A Muslim cleric has been arrested in the latest atrocity from Sharia courts. Hena Begum, 14, died after being lashed 80 times publicly for adultery. Her family insisted that she had been raped by her cousin.
Continue reading “Bangladeshi Girl, 14, Dies After Flogging By Sharia Court”
The Bombay High Court has declared astrology to be a science, so that guy who does your horoscope is really a scientist when he writes “today you will face challenges that could offer great rewards or penalties.”
Continue reading “Court: Astrology is a Science”
Virginia Attorney General Ken Cuccinelli announced this morning that he will file a Petition for Certiorari Before Judgment today requesting that the U.S. Supreme Court review the Commonwealth v. Sebelius decision without waiting for a ruling from the United States Court of Appeals for the Fourth Circuit.
I have received a significant number of emails after my earlier stated views on the national health care legislation were raised in the hearings this week before the United States Senate Committee on the Judiciary. Unfortunately, I am plowed under this week in litigation, but I wanted to offer a brief response to Harvard Law Professor and former Reagan Solicitor General Charles Fried who disagreed with my views on the danger to federalism.
Continue reading “Health Care and Federalism: A Response to Professor Charles Fried”
Dan Snyder is reportedly planning a defamation action against Washington’s City Paper for a scathing story about his controversial time as owner of the Washington Redskins. The case could prove an interesting battle over first amendment rights and defamation law.
Continue reading “Redskins Owner Threatens Newspaper With Libel Suit After Unflattering Article”