It’s Kagen

Ken AshfordSupreme CourtLeave a Comment

Obama is nominating Elena Kagen to replace Justice Stevens on the Supreme Court.  Kagan is currently the Solicitor General representing the United States before the Supreme Court, after a six-year stint as dean of Harvard Law School.  This is the first time in 40 years that a Supreme Court nominee has not previously been a judge. I won't weigh in … Read More

Demystifying Miranda

Ken AshfordConstitution, Crime, War on Terrorism/TortureLeave a Comment

You have a right to remain silent. Anything you say can be used against you in a court of law. You have a right to the presence of an attorney. If you cannot afford an attorney, one will be appointed for you. You know those words.  They are heard on TV screens all the time.  They are the Miranda warnings. … Read More

Sense of Justice Anyone?

Ken AshfordConstitution, War on Terrorism/TortureLeave a Comment

As you probably know, federal authorities nabbed the guy who they believe was responsible for the attempted Times Square car-bombing.  His name is Faisal Shahzad, a naturalized American citizen, born in Pakistan.  The investigation will, of course, continue, given that the suspected terrorist likely had accomplices. Of particular significance are questions about Shahzad's overseas contacts, and yesterday, control of the … Read More

Supreme Court Rules On Whether To Close The Front Door

Ken AshfordSupreme CourtLeave a Comment

No, that's not a headline from The Onion. The United States Supreme Court issued a ruling this morning on whether the main entrance to the Supreme Court Building (at the top of the marble steps) should remain open to the public.  They decided "no" in a 7-2 decision, citing security concerns, so the public entrance will be closed starting tomorrow. The Court’s … Read More

The Arizona Immigration Law

Ken AshfordConstitution, Immigration and Xenophobia3 Comments

There's no way in hell Arizona's new immigration law passes constitutional muster. The “Support Our Law Enforcement and Safe Neighborhoods Act”  requires that police officers determine the immigration status of a person “where reasonable suspicion exists” that the person is in the country illegally. The officer must then verify the suspects immigration status with the federal government. As many have … Read More

Supreme Court Justices Unprepared To Enter 21st Century

Ken AshfordScience & Technology, Supreme CourtLeave a Comment

Recently — like Monday — the Supreme Court settled a First Amendment case involving videos depicting animal cruelty.  Animal cruelty is illegal throughout the country, but the Court essentially held that the First Amendment makes it impossible to legislate against depictions of animal cruelt.  (This makes distinct from child molestation, which is not only illegal, but depictions of it are … Read More

In Which I Get Caught Up In Some Illegal Activity

Ken AshfordCrime, Personal1 Comment

Okay, all you Seventh Sense readers (both of you).  I'm in the midst of a mystery/enigma/scam, so please weigh in with your thoughts. Last night I received a call from what sounded like an Hispanic teenage girl.  The first words out of her mouth were, "Who is this?" I said, "I'm Ken.  Who is this?" She said, "I'm Gina.  Why … Read More

Best Op-Ed On Constitutional Interpretation Ever

Ken AshfordConstitution, Courts/LawLeave a Comment

I could have written this (and probably have): Our Fill-in-the-Blank Constitution By GEOFFREY R. STONE Published: April 13, 2010 AS the Senate awaits the nomination of a new Supreme Court justice, a frank discussion is needed on the proper role of judges in our constitutional system. For 30 years, conservative commentators have persuaded the public that conservative judges apply the … Read More

Quote Of The Day

Ken AshfordConstitution, TheatreLeave a Comment

Texas' Lt. Governor: "The cancellation of the play, Corpus Christi, by the [state-run] university was the right thing to do. While I'm a strong defender of free speech, we must also protect the rights and reasonable expectations of Texas taxpayers and how their money is used. A play that is completely contrary to the standards of decency and moral beliefs … Read More

The GOP Not Done Fighting Against Health Care Reform

Ken AshfordConstitution, Election 2010, Health Care, Republicans1 Comment

Looking around the internets, there seem to be two ways that the GOP intends to undo what has been done. (1)  Constitutional challenge to the law itself.  Several state attorneys general plan to file a lawsuit challenging the newly passed law, on the grounds that the federal government cannot constitutionally require citizens to purchase health insurance. Without getting too deep … Read More

Inside The Mind Of The Pentagon Shooter

Ken AshfordCrime1 Comment

His name was  J. Patrick Bedell, if you don't know by now, and he was killed yesterday in a shootout with police at the Pentagon.  What was his beef?  This heavily-hyperlinked post that he wrote, pulled from Wikipedia, provides a clue: My hope is to use the creativity of markets and advanced technology to transcend the destructive regimes that have fastened … Read More