Juris Vodcast » Civil Liberties

The Prop 8 Decision

Scott F. Pearce, Esq. — Thu, 28 May 2009 22:52:24 +0000

The California Supreme Court has upheld Prop 8, which bans same-sex marriage.

Medical MJ Wins at Supreme Court

Scott F. Pearce, Esq. — Tue, 19 May 2009 05:46:40 +0000

The US Supreme Court has declined to hear San Diego’s appeal of California’s Compassionate Use Act. This is good news.

Benefit of Doubt Goes to Cops

Scott F. Pearce, Esq. — Thu, 15 Jan 2009 20:48:41 +0000

The US Supreme Court just narrowed the 4th Amendment’s protections against unreasonable searches and seizures in a case called Herring v. United States.

This is a case about the Exclusionary Rule. Writing for the 5-4 majority, Chief Justice Roberts argues that the mistakes of law enforcement are not serious enough in the case to justify excluding the evidence. This is not an outrageous argument, and it is not wildly out of line with the relevant cases.

I don’t think this is a wise decision. Why should law enforcement be rewarded for being careless?

Don’t take my word for it. Read the decision and the dissents for yourself and think about the issues presented.

DUI? Send in the Marines!

Scott F. Pearce, Esq. — Thu, 18 Dec 2008 04:06:41 +0000

The US Marine Corps is participating in sobriety checkpoints in California. Maybe the California Highway Patrol and the San Bernardino Sheriff’s Department are afraid to bust people for drunk driving without military protection. On the other hand, maybe there are more sinister reasons.

Read more about this story here, here and here.

Obama: Corporate Militarist

Scott F. Pearce, Esq. — Tue, 02 Dec 2008 21:17:46 +0000

Meet the new boss, same as the old boss.

Hope is one of the most powerful drugs, but it’s no substitute for progressive change. Our new President is dedicated to preserving a corrupt system. The US military is deploying in the USA. The government is going to bail out creditors instead of debtors. Get ready for a rough ride.

CT Recognizes Same-Sex Marriage

Scott F. Pearce, Esq. — Sat, 11 Oct 2008 00:42:19 +0000

The 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 the majority opinion here, and read the dissenting opinions here, here and here. Next, read the majority and dissenting opinions from the California Marriage Cases.

Spy Satellites & Wall Street Bailout

Scott F. Pearce, Esq. — Fri, 03 Oct 2008 22:05:35 +0000

This 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

Scott F. Pearce, Esq. — Thu, 25 Sep 2008 19:22:37 +0000

The 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 tyrannical governments need to use the military to control the domestic population.

Read the Army Times coverage of this story.

Medical MJ Wins in Court

Scott F. Pearce, Esq. — Wed, 17 Sep 2008 05:27:14 +0000

The 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 counties have refused to follow California’s medical marijuana law. They have spent a fortune on litigation instead, and they’ve been consistent losers in court. Their latest losing theory is that the federal prohibition against marijuana should preempt California law.

Take a look at the complaint in the Santa Cruz case. For comment on the case, look here, here and here. If you’re interested in the Supremacy Clause case, go here.

Privacy Dies in France

Scott F. Pearce, Esq. — Thu, 11 Sep 2008 03:55:42 +0000

The 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 the French people are less docile than their counterparts in the USA. Check out this piece by European Digital Rights; it includes links to some French sources. For other coverage, look here, here, and here.