Constitutional Law, Courts, Justice, Lawyering, Media, Politics, Society, Supreme Court

Doubling Down: Holder Calls Obama’s Judicial Activism Criticism “Appropriate”

While the White House and the President backtracked from Obama’s recent statements regarding the Supreme Court, Attorney General Eric Holder succeeded in reigniting the controversy by calling the comments about judicial activism “appropriate.” As I noted earlier, the effort of the White House to modify the statement of the President notably did not include a retraction of the judicial activism statement. Holder’s statement appeared to reaffirm that the omission was intentional.

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Animals, Religion

Should Romney Pick Palin As Running Mate?

One could honestly wonder whose side Sen. John McCain is on this election. Yesterday, McCain gave Mitt Romney a bit of unsolicited (and unhinged) advice on how to beat Barack Obama: do what I did in 2008. McCain went on CBS This Morning and said that the best thing Romney could do it to pick Sarah Palin as a running mate. He appears to be making a joke but one wonders what is more interesting: the fact that McCain might suggest it or that his prior running mate is now an obvious joke as a disastrous choice for a candidate.

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Congress, Constitutional Law, Courts, Politics, Society

Federal Court Slams Justice Department Over Obama Comments

Yesterday, we discussed President Obama’s comments on the Supreme Court and the pending health care litigation — comments I viewed as unwise and unfounded. In addition to wrongly suggesting that any justice voting against the law would be a judicial activist, Obama seemed to suggest that the law should be upheld on the ground that it is the result of a democratic process and the will of the majority. Putting aside the fact that all unconstitutional law were passed by a democratic process in this country, I noted that the comments were extremely unwise at a time when the Court appears split on the key issues and currently deliberating the outcome. Well, the Supreme Court is not the only court considering the health care law and the timing could not have been worse for Obama to hold forth on his view of the courts and the Constitution. While I do not agree with the order of the Fifth Circuit for the Administration to respond in writing to the court, some backlash should have been foreseen by the President in going public with the comments.

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Criminal law, Media, Politics, Society

NBC Apologizes For Editing Zimmerman Tape

NBC has apologized after being criticized for an editing of the tape of George Zimmerman’s 911 call — an editing that made his comments sound more incriminating and racist. The editing was substantial and the network has said that it is investigating the matter, which constitutes a serious journalist ethical question.

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International, Society, Travel Blog

Day 4-5: Quebec

Our Canadian excursion continued with our final days in Quebec. Yesterday, we went to the Plains of Abraham, the site of the key battle in the Seven Years War. We then walked around Quebec experiencing the shops and cafes. It was a huge amount of fun, though I had to Shanghai the kids into more military historical sites. They proved far more committed in searching for new crêperies and croissants.

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Bizarre, Criminal law, International

[Not] Breaking Away: Police Capture Bicyclist After High-Speed Chase

We have discussed our share of car chase chases on this blog — often debating the wisdom of high-speed chases or issues of liability. This chase by Czech officers is a stand out. They are traveling at 60 mph (100 km/h) in a chase with a guy on a bike. That’s right, a guy is moving at 60 mph and racing a cruiser on the highway.

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Congress, Constitutional Law, Courts, Justice, Lawyering, Media, Politics

Obama Predicts Health Care Victory, Labels Vote Against Law As “Judicial Activism”

Yesterday, President Barack Obama made the surprising prediction that the Supreme Court would uphold the health care law and further labeled those who would vote against it as judicial activists. I am not sure what he is basing his prediction on, but the comment on judicial activism is both unfounded and unwise.

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Travel Blog

Day 3-4: Old Quebec

We are continuing our travels this week in Canada and have been in Quebec for two days now. It is truly glorious and I will be posting some pictures on Wednesday. Ironically, however, the highlight so far has not been the incredible buildings, food, and tours that we have experienced. Those have been amazing. However, the problem is that the kids do not want to leave the hotel. We are staying at the Auberge Saint-Antoine, one of the most beautiful hotels in the country.

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

Arizona Passes Sweeping Law Criminalizing Internet Speech

In one of the most sweeping attacks on free speech in America, the Arizona legislature has passed a draconian bill that would criminalize speech on the Internet (“any electronic or digital device”) that prosecutors consider “obscene, lewd or profane language or . . . suggest[ing] a lewd or lascivious act if done with intent to ‘annoy,’ ‘offend,’ ‘harass’ or ‘terrify.’” The law is largely undefined and is in my view facially unconstitutional. The law would drive a stake in the heart of free speech. Yet, people like Bill Clinton have been calling for such a crackdown on Internet speech for years.

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Bizarre, Criminal law, International

Italian Supreme Court Rejects Father’s Claim That Beating Daughter Is Permissible In The Islamic Culture

As I have discussed previously, I often speak about the cultural defense with a group of experts around the country, including judge Delissa Ridgway. This defense is used in both criminal and civil cases to argue that an individual did not have true intent to commit a crime or should have a mitigated sentence due to a cultural motivation or belief. There are limits however as a father discovered last week in Rome, Italy.

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Criminal law, Media, Politics, Society

Toure de Force: CNN and MSNBC Personalities Clash Over Coverage Of Martin Killing

Tongues are wagging over a confrontation between CNN’s Piers Morgan and MSNBC’s Toure (a journalist who appears to go by just one name like Cher or the Artist Formerly Known As Prince). At issue was whether Morgan should have been tougher on George Zimmerman’s brother in an interview or conversely whether journalists like Toure have discarded their neutrality and objective distance in declaring Zimmerman a murderer. Putting aside the childish rhetoric, it is a serious question of whether journalists are crossing the line into advocacy in declaring the guilt of someone like Zimmerman. The controversy has also raised long-standing uncertainty of the role of anchors and journalists in actively supporting a claim, cause or movement.

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Constitutional Law, Free Speech, International, Politics, Religion

Tunisia Rejects Sharia As Basis For New Constitution

Over the years, I have not hidden my opposition to Sharia-based legal systems and the types of grotesque forms of justice that they mete out to their citizens. There is little good news from this area of the world as revolutions in Libya and Egypt go careening toward Islamic states. However, this week we have a modicum of good news. Tunisia’s governing Islamist party has decided to oppose a move to make sharia law the main source of legislation in a new constitution. They appear to be doing better than our allies in Iraq and Afghanistan who are increasingly applying harsh Islamic principles.

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International, Society, Travel Blog

Day 1-2: Montreal

I am traveling on business this week in Canada and Vermont. I decided to bring the family and, as in the past, I thought I would share some of what we saw and experienced from any of our blog regulars traveling in this direction. We began the journey by driving up to Montreal from Virginia (11 hours). While this is a working trip for me, we are packing in a lot of sight-seeing and, when I am working, Leslie and the kids are out and about with their iPhones at the ready.

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Academia, Columns, Free Speech, Media, Politics, Society

Teachers Under A Morality Microscope

Below is my column this morning in The Los Angeles Times on the increasing number of cases where teachers are punished for comments or activities in their private lives — often under nebulous disruption or moral turpitude grounds. While the recent case of a teacher moonlighting as a porn star in California raises understandable concerns for school officials, most of these cases involve either past conduct or clearly protected speech. This is part of a broader number of cases that we have been following dealing with public employees ranging from city managers to police officers to firefighters. The question is how much our public employees must confirm their political and social activities to satisfy members of the public.

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Military, Testimony

MK 269

 

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I know what you may be thinking.  Just what is that title all about?  It is not the serial number of the C-124 picture here.  It is an address of sorts, but you can’t find it on Google maps or with your GPS system.  It also represents a destination, of sorts, for myself and my family.  It took over 61 years to get this address and on last Monday, March 26th, 2012, my family took possession of this address for the first time. Continue reading “MK 269” →