There’s an email circulating — maybe you’ve seen it — that is so replete with factual inaccuracies that it cannot withstand even the slightest scrutiny. Here it is, with my debunking: This is worth remembering, because it is true. It’s familiar territory, but those of you that graduated from school after the early 60’s were probably never taught this. Our … Read More
Constitutional Showdown
It’s brewing: The House Judiciary Committee announced yesterday that it will press toward a constitutional showdown with the Bush administration over the U.S. attorney firings scandal, even as embattled Attorney General Alberto R. Gonzales vowed to stay on and "fix the problems" that have damaged the reputation and morale of the Justice Department. John Conyers Jr. (D-Mich.), chairman of the … Read More
The Imperial Presidency And War Powers
This op-ed in the New York Times gets it right, both morally and historically: The nation is heading toward a constitutional showdown over the Iraq war. Congress is moving closer to passing a bill to limit or end the war, but President Bush insists Congress doesn’t have the power to do it. “I don’t think Congress ought to be running … Read More
So Much For The Constitution
"A U.S. attorney would not be permitted to bring contempt charges or convene a grand jury in an executive privilege case," said a senior official, who said his remarks reflect a consensus within the administration. "And a U.S. attorney wouldn’t be permitted to argue against the reasoned legal opinion that the Justice Department provided. No one should expect that to … Read More
Kinda Like The Old Soviet Union, Huh?
Wonkette: Here’s the latest “executive order” from your beloved somehow-not-yet-impeached president: “Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq.” What’s it say? If the White House decides that you are in any way “undermining efforts” in Iraq, or related to Iraq or pretty much anything else, the Treasury Department is authorized to seize your money, property, stocks, … Read More
The Two Free Speech Cases
This, a post by Marty Lederman, nails the inherent contradiction in the two Free Speech cases handed down yesterday by the Supreme Court: A friend writes to note the striking contrast in the way the Chief Justice views the "reasonable" interpretation of the ambiguous expression in today’s two Free Speech Clause cases: From Wisconsin Right to Life: “Because WRTL’s ads … Read More
Supreme Court Roundup
Two seemingly contradictory cases on the First Amendment from the Supreme Court today. On the one hand, it is permissible to regulate student speech (at a public parade) when it references drugs. So, the First Amendment be damned. On the other hand, the same coalition of Justices think we cannot restrict issues ads (a McCain-Feingold regulation) because that would place … Read More
Scalia Doesn’t Cite International Law; Cites Hollywood Instead
This guy is an idiot: Senior judges from North America and Europe were in the midst of a panel discussion about torture and terrorism law, when a Canadian judge’s passing remark – "Thankfully, security agencies in all our countries do not subscribe to the mantra ‘What would Jack Bauer do?’ " – got the legal bulldog in Judge Scalia barking. … Read More
Criminal or Combatant?: Orin Kerr On The Al-Marri Case
UPDATE: Screenshots of the al-Marri opinion added. Orin Kerr has some thoughtful objections to the recent Fourth Circuit case (Al-Marri v. Wright) holding that the U.S. government cannot hold a lawful visitor to this country in "indefinite military detention" simply by declaring him an "enemy combatant". According to the Fourth Circuit, the government can do many things — including transferring … Read More
Court Believes In That Thing Called The Constitution
Good decision: President George W. Bush cannot order the military to seize and indefinitely detain a Qatari national and suspected al Qaeda operative, the only person being held in the United States as an "enemy combatant," an appeals court ruled on Monday. In a major setback for Bush’s policies in the war on terrorism adopted after the September 11 attacks, … Read More
“Let Those Apples Fall”
Spring Awakening fans may have noticed some self-censoring done by the Spring Awakening performance last night on the Tonys. For example, in the song "Totally Fucked", the offending word (not "totally"; the other one) was replaced with the cast members covering their mouths. At another point, they sang "totally screwed". Not that bnit of self-censorship, I can understand. It’s … Read More
NC Witnesses Can Swear on Quran In Court
I’ve been following this story for a while, and frankly, I’m not sure why it was an issue to begin with: The issue surfaced when Muslims tried to donate copies of the Quran to Guilford County’s two courthouses. Two judges declined to accept the texts, saying that taking an oath on the Quran was illegal under state law. What exactly … Read More
Goings-On At My Alma Mater
Looks like there’s some free speech/religious intolerance issues at my old university, involving a student-run paper that I worked on for a while.
It’s Not A Scandal Unless There’s A ‘Monica’ Involved
And now we have one. Attorney General Alberto R. Gonzales’s senior counselor, Monica Goodling, yesterday refused to testify in the Senate about her involvement in the firings of eight U.S. attorneys, invoking her Fifth Amendment right against self-incrimination. The letter sent by Monica’s attorneys explains the reasons why. But here’s the thing: none of the reasons pertain to self-incrimination. You … Read More
Important DC Circuit Second Amendment Ruling
The Second Amendment of the U.S. Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Grammatically, it’s an awkward sentence, and much has been made of the "well-regulated militia" phrase. Basically that controvery boils down to this: Does the presence … Read More