TPMMuckraker: Newt Gingrich… said he wants the national government to step in and stop the developers from building the Islamic community center by whatever means necessary. "I think the Congress has the ability to declare the area a national battlefield memorial because I think we should think of the World Trade Center as a battlefield site; this is a war," he said, … Read More
Truth Gets Its Boots On
The Associated Press sent out a memo today to its writers and editors advising that they should no longer use the phrase "Ground Zero mosque" to describe the controversial Islamic cultural center and former Burlington Coat Center store, located in lower Manhattan two blocks (and out of view) from Ground Zero. While I applaud the Associated Press for its stance, this would … Read More
Kathleen Parker On Why The “Mosque” Should Be Built
She's a conservative, and she's making sense. This is why plans for the mosque near Ground Zero should be allowed to proceed, if that's what these Muslims want. We teach tolerance by being tolerant. We can't insist that our freedom of speech allows us to draw cartoons or produce plays that Muslims find offensive and then demand that they be … Read More
The Standing Issue Of The Prop 8 Appeal
Hi. Welcome to Civil Procedure for Laymen 101. Today we're going to talk about an interesting case going on right now called Perry v. Schwarzenegger, also known as the California Prop 8 same-sex marriage case. As you know, a federal judge last week struck down California's ban on same-sex marriages, which was passed by a thin majority in a public referendum … Read More
Quote Of The Day
Well…. would you like Fox’s right to free press put up to a vote and say well, if five states approved it, let’s wait till the other 45 states do? – Conservative lawyer Ted Olsen (who represented Bush in Bush v Gore and who now is the lawyer for same-sex marriage proponents) to Fox News anchor Chris Wallace, after Wallace … Read More
Prop 8 Overturned
Two years ago, the voters of California took to the ballots, and overturned legislation which would have permitted gay marriage. That was Prop 8, a big controversy at the time. 52% of Californians voted in favor of the gay marriage ban. But yesterday, a decision by federal Judge Vaughn Walker (a Reagan appointee) ruled that the gay marriage ban violated … 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
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
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
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
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