The Indiana “Religious Freedom” Law Isn’t Like Past Laws

Ken AshfordConstitution, Courts/Law, Gay Marriage, Sex/Morality/Family Values1 Comment

Last, week, Indiana Gov. Mike Pence stirred up controversy when he signed a “religious freedom” bill into law.  The law has businesses and civil rights groups up in arms and threatening — or in some cases pledging — to boycott the state.  Critics assert the law could be used by individuals and businesses to discriminate on the basis of religion — … Read More

Indiana Governor Plans To Sign Pro-Discrimination Bill Into Law

Ken AshfordConstitution, Gay Marriage, Sex/Morality/Family ValuesLeave a Comment

Sometime today, Indiana Gov. Mike Pence is to sign into law a religious objections bill that would allow discrimination against gay people. [UPDATE: 10:45 am EST – Bill signed] The signing would make Indiana the first state to enact such a change this year among about a dozen where such proposals have been introduced. The measure would prohibit state and local … Read More

Good Briefs: Amicus Filings in the Supreme Court Marriage Equality Case

Ken AshfordConstitution, Gay Marriage, Supreme CourtLeave a Comment

Last Friday was the deadline to submit amicus briefs to the Supreme Court in support of marriage equality. Over 60 different briefs were filed by various “friends of the court,” including coalitions, organizations, scholars, and individuals. Contained within them are a variety of arguments in favor of recognizing same-sex couples’ right to marry, ranging from the more legal and technical … Read More

Senate Republicans Overstepping Their Authority

Ken AshfordCongress, Constitution, Iran, Republicans1 Comment

Can you imagine if this was 2006 and the Democrats did this to Bush? A group of 47 Republican senators has written an open letter to Iran’s leaders warning them that any nuclear deal they sign with President Barack Obama’s administration won’t last after Obama leaves office. Organized by freshman Senator Tom Cotton and signed by the chamber’s entire party … Read More

Oregon Bakers Fined As Much As $150,000 For Discrimination

Ken AshfordConstitution, Gay MarriageLeave a Comment

Aaron and Melissa Klein, co-owners of Sweet Cakes by Melissa, refused to sell a wedding cake to Rachel Cryer and Laurel Bowman (now Bowman-Cryer) because they were a same-sex couple in January 2013. The Kleins became martyrs for conservative opponents of LGBT equality, claiming that they were being persecuted for their beliefs — both because of the complaint the couple … Read More

World’s Dumbest Lawyer(TM) Joins Twitchy At Being Outraged At Something They Didn’t Understand In The First Place

Ken AshfordConstitution, Obama Opposition, Right Wing Punditry/IdiocyLeave a Comment

In other words, dog bites man. University of Baltimore law professor Garrett Epps wrote a piece in the Atlantic entitled “Imperfect Union: The Constitution Didn’t Foresee Divided Government” that discussed the likely confrontations between the President and the newly-Republican Congress: What’s coming will be painful, frustrating, and dangerous—and it will illustrate a constitutional malfunction unforeseen in 1787. The country will survive, … Read More

Fourth Circuit Overturns Virginia Same-Sex Marriage Ban

Ken AshfordConstitution, Gay Marriage, Local Interest, Sex/Morality/Family Values, Supreme CourtLeave a Comment

The religious right continues losing their reactionary culture war, as a federal appeals court strikes down Virginia’s ban on marriage equality. And this ruling will also affect conservative bans on same-sex marriage in West Virginia, North Carolina and South Carolina, so it’s a significant defeat for the forces of atavism. “We recognize that same-sex marriage makes some people deeply uncomfortable. However, … Read More

World’s Worst Lawyer™ Defends World’s Worst Racist Cattlerancher™

Ken AshfordConstitution, Right Wing Punditry/IdiocyLeave a Comment

Oh, Aaron Walker.  Please don't practice law.  Ever.  Even academically on your blog.  You're just so bad at it.  You embarass yourself and the profession. Yes, folks, the World's Worst Lawyer™ is back at it again.  Taking a break from his Brett Kimberlin obsession, Aaron Walker tackles current events — specifically, the Cliven Bundy issue in a terribly-reasoned and tragic post … Read More

Breaking: SCOTUS Makes The Money-In-Politics Problem Worse

Ken AshfordCampaign Finance Reform, Constitution, Supreme CourtLeave a Comment

Further loosening the reins on the role of money in politics, the U.S. Supreme Court today struck down restrictions on the grand total that any person can contribute to all federal candidates for office. Today's decision left intact the cap of $2,600 per election that a contributor to give to any single candidate for federal office, but it invalidated the … Read More

The Hobby Lobby Case

Ken AshfordConstitution, Godstuff, Health Care, Supreme CourtLeave a Comment

Justice Anthony Kennedy, on whose vote the Hobby Lobby SCOTUS case rests, seems very concerned about the government forcing corporations to cover abortion: WASHINGTON, DC — Justice Anthony Kennedy thinks gay people are fabulous. All three of the Supreme Court’s most important gay rights decisions were written by Justice Kennedy. So advocates for birth control had a simple task today: convince Kennedy … Read More

Not Dead

Ken AshfordConstitution, Gay Marriage1 Comment

Yes, I haven't posted in a loooooong time, and it's very frustrating because some interesting stuff has been going down (the excuse is work — I'm covering for a sick co-worker and it has been time-consuming). The MOST interesting story, as far as I am concerned, came from Arizona and SB1062, the "religious freedom" pro-bigotry bill which would permit businesses to … Read More

Then And Now

Ken AshfordCongress, Constitution, Obama & Administration, White House Secrecy, Wiretapping & SurveillanceLeave a Comment

53 years ago today, an outgoing President Eisenhower said: “In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.” He went on: “We must never let the weight of this combination endanger our liberties or … Read More