Good News for Supreme Court Watchers

Ken AshfordSupreme CourtLeave a Comment

As reported here, law geeks and Supreme Court fans will no longer have to play guessing games. Starting next week, transcripts of Supreme Court oral arguments will give the actual name of the Justice asking the questions from the bench, rather than simply using the word “Question”.

A Little Law

Ken AshfordBush & Co., CrimeLeave a Comment

§ 432.135. ASSAULTING OR WILFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER. A person subject to this chapter shall be punished as a court-martial directs if the person: (1) strikes his superior commissioned officer or draws or lifts up a weapon or offers any violence against him while in the execution of his office; or (2) wilfully disobeys a lawful command of his … Read More

Supremes On A Roll

Ken AshfordSupreme CourtLeave a Comment

Once again, I think the Supreme Court got it right today. The case is Ashcroft v. ACLU. In a close 5-4 decision, the Supreme Court struck down the latest version of the Child Online Protection Act. This is like the second or third time COPA has come before the Supreme Court, and each time it comes up, it gets struck … Read More

The Terrorism Opinions

Ken AshfordSupreme Court, War on Terrorism/TortureLeave a Comment

The Supreme Court has ruled on three cases involving terrorism detainees. I’ve only browsed the opinions, but one thing is clear: if Bush thinks he can do whatever he wants regarding prisoners by virtue of being a "war president", THAT myth is shattered. That’s not to suggest that Bush got his ENTIRE ass handed to him today. The SCOTUS opinions … Read More

SCOTUS Punts The Pledge Issue

Ken AshfordConstitution, Godstuff, Supreme CourtLeave a Comment

Court dismisses Pledge of Allegiance suitJustices sidestep church-state issue in tossing atheist’s case Read more here. The opinion is not available yet, but it will be interesting to see what, if anything, the justices said about the merits of Newdow’s case. Apparently, Rehnquist wrote about it, but his views were already pretty well-known.

Newdow v. Rehnquist

Ken AshfordSupreme CourtLeave a Comment

Michael Newdow, the atheist-doctor-attorney from California who wants "under God" removed from the Pledge of Allegiance, made his argument to the Supreme Court today. And HE made it HIMSELF, not some high-priced experienced appellate lawyer. By one first-hand account, Newdow wasn’t too shabby for a guy who doesn’t actually practice law for a living. He even one-upped Rehnquist at one … Read More

Plame Affair Gets Interesting

Ken AshfordCrime, Plamegate, RepublicansLeave a Comment

According to today’s Newsday: WASHINGTON — The federal grand jury probing the leak of a covert CIA officer’s identity has subpoenaed records of Air Force One telephone calls in the week before the officer’s name was published in a column in July, according to documents obtained by Newsday. Also sought in the wide-ranging document requests contained in three grand jury … Read More

Gary Bauer Prefers Unbridled (get it?) Gay Promiscuity

Ken AshfordConstitution, Sex/Morality/Family ValuesLeave a Comment

Gary Bauer, in explaining his opposition to gay marriages, gives this as one of the reasons why states should ban it: More importantly, however, the government has an obligation to promote public policy that is best for the general welfare and to discriminate against behaviors that adversely impact society and public health. Tobacco use is heavily regulated by the state … Read More

Would You Care to Elaborate, Mr. President?

Ken AshfordBush & Co., CrimeLeave a Comment

Last month, President Bush spoke with Argentine President Nestor Kirchner at a summit meeting in Monterrey, Mexico. Kirchner told Bush that all but one of the Argentine delegates to the summit meeting were imprisoned during the military dictatorship. Bush responded, "I was a prisoner too, but for bad reasons." Aside from being a dumb thing to say (was Bush implying … Read More

Thought Experiment

Ken AshfordConstitution, Sex/Morality/Family ValuesLeave a Comment

On a particular listserv I follow, the following wonderful questions were posed: (1) Is it fair to say that all single adults have a fundamental right to marry? (2) If so, do biologically transgendered folks (those that have mixed genders — not those that opt to surgically or hormonally change their gender) have a right to marry? (3) If so, … Read More

Supremes Get It Right

Ken AshfordConstitution, Godstuff, Supreme CourtLeave a Comment

Court rejects tax-funded religious scholarships The Supreme Court, in a new rendering on separation of church and state, voted Wednesday to let states withhold scholarships from students studying theology. The court’s 7-2 ruling held that the state of Washington was within its rights to deny a taxpayer-funded scholarship to a college student who was studying to be a minister. That … Read More

President Confused

Ken AshfordConstitution, Sex/Morality/Family ValuesLeave a Comment

As reported here and elsewhere, Bush is finally going to announce his support for the Constitutional amendment banning gay marriage. McClellan, briefing reporters at the White House, said the president wants to end "growing confusion" that has arisen from court decisions in Massachusetts, and San Francisco’s permitting more than 3,000 same sex unions. "The president believes it is important to … Read More

What Are We Talking About Here?

Ken AshfordConstitution, Sex/Morality/Family ValuesLeave a Comment

This is the proposed amendment banning gay marriages: Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups. Personally, … Read More