Hi, guys. It’s quite obvious, looking at you, why you are unable to have sex with an actual living girl…. And I know, man. We’ve all been there, especially at the awkward pimply face age. But, I gotta tell you, digging up girls to have sex with? So, not cool. Their intended victim was a 20 year old nursing assistant … Read More
My Thoughts On The FISA Bill
Greenwald summarizes: The Democratic-led Congress this afternoon voted to put an end to the NSA spying scandal, as the Senate approved a bill — approved last week by the House — to immunize lawbreaking telecoms, terminate all pending lawsuits against them, and vest whole new warrantless eavesdropping powers in the President. The vote in favor of the new FISA bill … Read More
War Powers
I know the Constitution is, in places, ambiguous, but this language seems pretty straightforward: The Congress shall have power… to declare war… That’s Article 1, Section 8, of the Constitution. It’s the "War Powers Clause". The dirty little secret is that Congress, in all its history, has only declared war five times: the War of 1812, the Mexican-American War (1846-1848), … Read More
Bush’s Wiretapping: Now 0-For-3 With The Courts
Greenwald: A Bush-41-appointed Federal District Judge yesterday became the third judge — out of three who have ruled on the issue — to reject the Bush administration’s claim that Article II entitles the President to override or ignore the provisions of FISA. Yesterday’s decision by Judge Vaughn Walker of the Northern District of California also guts the central claims for … Read More
Modern Day Salem
Via Volokh, an interesting case (pdf) from Texas involving the exorcism of demons from a teenage girl: On Friday evening, before her parents left town, Laura [Schubert, a 17-year-old congregant,] attended a youth group activity at Pleasant Glade in preparation for a garage sale the next day. The atmosphere during this event became spiritually charged after one of the youth … Read More
More On Heller: Scalia vs. Stevens
Prof. Sandy Levinson compares the majority opinion of Scalia with the dissent by Stevens: I confess that I am equally dismayed by the Scalia and Stevens opinions (though, if absolutely forced to choose, I’d go with the Scalia opinion). One of the most remarkable features of Justice Scalia’s majority opinion (joined, of course, by Chief Justice Roberts and Justices Thomas, … Read More
Heller Decision In
5-4 in favor of individual gun rights, meaning that you can own a gun for self-defense and hunting (rather than for being in the militia, which arugably is what the Second Amendment says). Justice Scalia wrote the opinion, joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito. Justice Breyer dissented, joined by Justices Stevens, Souter, and Ginsburg; there’s … Read More
Happy Birthday Myth
You know that thing about "Happy Birthday" being copyright protected? Turns out, not true so much: "Happy Birthday to You" is the best-known and most frequently sung song in the world. Many – including Justice Breyer in his dissent in Eldred v. Ashcroft – have portrayed it as an unoriginal work that is hardly worthy of copyright protection, but nonetheless … Read More
Heller Today?
UPDATE, BREAKING NEW (11:30 a.m.): Although not related to the gun issue below, the Supreme Court just ruled that it is "cruel and unusual punishment" to give the death penalty to a man who raped an 8 year old. It was a 5-4 decision, but I don’t know the breakdown. Interestingly, victims’ rights groups didn’t want the death penalty for … Read More
Gitmo Detainees Have Habeus Rights
OK. Permit me to get all law geeky, but this is big legal news. Well, it’s big news for anyone who believes in our Constitution, really. Aned a big blow to the Bush Administration. About an hour ago, the Supreme Court ruled that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. What … Read More
McCain On Wiretapping
It’s hard to understand John McCain. He keeps allying himself with the Bush agenda, despite the fact that Bush is polling as the most unliked president in modern history [UPDATE: Apparently, I was more right than I thought. USA Today reports that John McCain "won’t try to separate himself from a weakened President Bush or his unpopular handling of the … Read More
Don’t Just Stand There!
What is wrong with people? This happened last Friday in Hartford, Connecticut.
Hillary for SCOTUS?
Intriguing: As the primary season nears a merciful end, the Clinton-Obama conflict is giving way to Obama-Clinton conjecture. Many in the Democratic Party support a so-called dream ticket of both, with Barack Obama at the top. They believe Hillary Clinton has earned the No. 2 spot through her feisty, never-say-die campaign, and they worry that her supporters will stay home … Read More
Tracy Lett’s Bug Has A Body Count
This I didn’t know: This creepy but not entirely successful 2006 psycho-thriller about paranoia and insect infestations was directed by William Friedkin, most famous for The Exorcist. Despite dealing with a few murders and plenty of craziness in its own plot, the crime it inspired was considerably more horrific and strange. In January, blaring headlines like “Millionaire executive unhinged by … Read More