Civil Liberties
« Previous EntriesCT Recognizes Same-Sex Marriage
Friday, October 10th, 2008The Connecticut Supreme Court has just legalized gay and lesbian marriage, based on their reading of the state constitution. The court applied intermediate scrutiny to the plaintiff’s equal protection claim. This is another well-reasoned and thoughtful decision. There were three dissenting opinions; these too are well-crafted, but they’re still on the wrong side of history.
Read [...]
Spy Satellites & Wall Street Bailout
Friday, October 3rd, 2008This has been a dreadful week for Constitutional government in the United States. First, the government funds the National Applications Office. This is another step towards combining the US military with domestic law enforcement. Next, they enact the Wall Street bailout bill, one of the biggest crimes ever committed against the US Taxpayer.
US Army vs US Citizens
Thursday, September 25th, 2008The US Army is going to have a permanent garrison on US soil. The Third Infantry Division’s First Brigade Combat Team will take up residence on October 1, 2008. It is going to train to use force on Americans.
This is another signal event that shows hard times are coming. We’re on a slippery slope. Only [...]
Medical MJ Wins in Court
Tuesday, September 16th, 2008The City of Santa Cruz, California has sued the US Attorney General over federal interference with California’s medical marijuana law. Among other things, the plaintiffs allege that the government’s conduct violates the 10th Amendment. The defense brought a motion for summary judgment on the 10th Amendment issue, which they recently lost.
San Diego and San Bernardino [...]
Privacy Dies in France
Thursday, September 11th, 2008The right to privacy is in deep trouble throughout the western world. The latest bad news comes from France, which has just been saddled with a new national intelligence agency with the power to keep track of the political ideas and sex lives of people who are not suspected of being criminals.
Time will tell if [...]
Lesbian Insemination Case Followup
Tuesday, August 19th, 2008I discussed this case back in May. It involves a lesbian who was denied medical treatment at a fertility clinic because of her sexual orientation. The doctors argued that both the federal and the state Constitutional guarantees of the free exercise of religion and free speech should override the California anti-discrimination law. The California Supreme [...]
ADA and the Bar Exam
Monday, August 18th, 2008The Americans With Disabilities Act requires special accommodations be given to students with learning disabilities when they take tests. The question is, what accommodations are appropriate? This is a scientific question and sometimes reasonable people can differ about both the diagnosis and the accommodations.
The West Virginia Law Examiners gave a bar candidate three days and [...]
Salim Hamdan and the Decline of America
Wednesday, August 6th, 2008A military commission has convicted Salim Hamdan of giving Material Support for Terrorism. It acquitted him of the primary charge he faced: Conspiracy to Commit Terrorist Acts. Looking at these proceedings is like reading the autopsy report on the American Legal System.
Even if this defendant had been acquitted of all the charges, he [...]
H.R. 5843: Federal Marijuana Reform
Tuesday, August 5th, 2008House Resolution 5843 would end the federal prohibition of possession of up to 100 grams of marijuana. and for the non-profit sale of up to an ounce. HR 5843 would provide a $100 fine for public use of marijuana. Sadly, HR 5843 would not take marijuana off of Schedule One List of drugs under [...]
Nazi Justice from the 4th Circuit
Wednesday, July 16th, 2008It’s perfectly legal for the President of the United States to order the military to arrest anybody, including a US citizen, anywhere in the world, including US soil, and put that person in military custody forever. At least, that’s the opinion of the 4th Circuit Court of Appeals.
The justices who made up the majority could [...]