Everyone should read the Washington Post's recent effort in investigative reporting, Top Secret America. As a piece of journalism, it represents what actual journalism should be — not what passes for journalism in today's he-said-she-said creaming-heads world. That said, the subject of the piece is distressing. Since George W. Bush, we've had this reckless, ridiculous, uncoordinated expansion of intelligence agencies, all sucking … Read More
DOMA Declared Unconstitutional
A federal district court in Massachusetts has ruled that the portion of the Defense of Marriage Act of 1996 — specifically, the part that defines "marriage" as between a man and a woman only — as unconstitutional. The ruling came in two opinions, Gill v. Office of Personnel Management, and Massachusetts v. HHS. The state had argued the law denied benefits such … Read More
Political Ad From Arizona
Ah. She shoots guns. Therefore, you should vote for her. Oddly enough, this ad will actually resonate with some people. That's the part that really scares me.
The Other Supreme Court Case
There will be much talk today and in the weeks to come about the Second Amendment case (below). But the Supreme Court handed down an interesting First Amendment case as well today, Christian Legal Society v. Martinez. The case involves discrimination — i.e., one's right to free speech and to freely associate. The facts are simple: Hastings College of Law … Read More
Here Come The Guns
Minutes ago, the U.S. Supreme Court issued an opinion which makes the Second Amendment applicable to states and municipalities. This is big. A quick background. The U.S. Constitution applies to the federal government (what it can and can't do). The rights protected by the Bill of Rights (freedom of speech, etc.) don't necessarily apply to states and municipalities unless and until … Read More
Closing Arguments In California Gay Marriage Case
In the long run, what happens in the California Federal Court — where the constitutionality of the infamous Prop 8 is being challenged — will not matter; no matter the outcome, an appeal all the way to the U.S. Supreme Court is likely. But nevertheless, it is interesting to read news accounts of the closing arguments given by boths sides … Read More
Souter’s Commencement Speech
People are start to take note of the commencement speech given by former Supreme Court Justice David Souter to this year's graduating class of Harvard Law School. In it, Souter knocks down the concept of "originalism" championed by Justice Scalia. "Originalism", for the uninitiated, is the notion that the Constitution is a contract that must be interpreted only in light … Read More
Arizona’s Latest Xenophobia
CNN: (CNN) – A proposed Arizona law would deny birth certificates to children born in the United States to illegal immigrant parents. The bill comes on the heels of Arizona passing the nation's toughest immigration law. John Kavanagh, a Republican state representative from Arizona who supports the proposed law aimed at so-called "anchor babies," said that the concept does not … Read More
Dumb Lawsuit of the Day
A woman sues Google because she used Google Maps to walk to her destination and got hit by a car. Apparently, Google Maps didn't warn her that cars might be, you know, on the roads. Rosenberg, a Los Angeles California native, is suing Google because Google Maps issued directions that told her to walk down a rural highway. She started … Read More
Rand Paul And The Civil Rights Act: Part II
As the day progresses, Rand Paul is clarifying his position on the 1964 Civil Rights Act, assuring the voters that he will not try to repeal it. This afternoon, a spokesman for the Paul campaign told Greg Sargent, "Civil Rights legislation that has been affirmed by our courts gives the Federal government the right to insure that private businesses don't … Read More
Quote Of The Day
From here: Prior to the warrant being issued, a friend of Lohan's [said] that Lindsay was not pleased with Revel being assigned to her case. "Lindsay thinks that judge is so mean … Lindsay wants a new judge that isn't as bossy and strict … It's not like Lindsay isn't busy. She's an international movie star," the friend said. Shorter … Read More
Bad Marketing Idea
Take a look at this ad, which has appeared on websites and billboards: Mr. Davis's company, Lifelock, advertized that it could protect one's personal information. So confident was Mr. Davis in the company's product that he advertised his social security number prominently. Well, guess what: LifeLock CEO Todd Davis, whose number is displayed in the company’s ubiquitous advertisements, has by now … Read More
Supreme Court: No More Life Sentences Without Parole For Minors Who Haven’t Killed Anyone
It was a 5-4 decision, with Alito, Roberts, Scalia and Thomas in the minority. Really, this should have been a no-brainer. By a 5-4 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release. The court ruled in the case of Terrance Graham, who was implicated in armed robberies when … Read More
What Justice Kagen Means
If Kagen is confirmed, as I expect she will (despite a lot of moaning and lying from Republicans), the United States Supreme Court will consist entirely of justices who attended law school at either Harvard or Yale. (Note: Ginsberg graduated at Columbia, but she went to law school at Harvard and then Columbia). Not that Harvard or Yale are bad — … Read More
So Far, The Attacks On Kagen Are Lame
The Hill: Republicans are questioning Elena Kagan’s ties to a liberal icon and the nation’s first African American Supreme Court justice, Thurgood Marshall. In its first memo to reporters since Kagan’s nomination to the high court became public, the Republican National Committee highlighted Kagan’s tribute to Marshall in a 1993 law review article published shortly after his death. Kagan quoted … Read More