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
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?
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
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
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
In Which I Get Caught Up In Some Illegal Activity (Part II)
Part I here. Apparently, somewhere in the neighborhood of ten FEDEX packages have been sent out in my name. This morning alone, I have received three phone calls from people all over the country asking why I sent them a check. These checks are in the name of South Motors Infiniti (which is the name of a car dealership in … Read More
Supreme Court Justices Unprepared To Enter 21st Century
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
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
4:20 on 4/20
Yeah. Whatever. I don't do drugs and besides, I'm working. But feel free to light 'em up if that's your bag.
Supreme Court Strikes Down Ban On Animal Cruelty Videos
In 1999, Congress passed a law banning the sale or display (i.e., on the Internet) of animal cruelty. The law was passed in response to "crush videos" — i.e., videos of women in high heels stepping on kitten's skulls (yes, there is a fetish for everything nowadays). It's hard not to applaud such a law, which received wide bipartisen support. … Read More
Best Op-Ed On Constitutional Interpretation Ever
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
Breaking: Justice John Paul Stevens To Retire
The oldest member of the Supreme Court, and the head of the liberal bloc just announced, as many thought he would, his retirement. He's 90 years old, and has been with the Supreme for almost 35 years. And here we go again. Next thing you know Obama is going to stomp on the Constitution by taking it upon himself to … Read More
Quote Of The Day
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
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
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





