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Keyword: courts

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  • Otter appeals Idaho gay marriage decision to U.S. Supreme Court

    01/03/2015 4:08:47 AM PST · by SoFloFreeper · 5 replies
    Idaho Gov. Butch Otter has filed a petition appealing the legalization of same-sex marriage in Idaho to the U.S. Supreme Court, saying the state’s case is the “ideal vehicle” to resolve the issue for the nation. “The time has come for this court to resolve a question of critical importance to the states, their citizens and especially their children: Whether the federal Constitution prohibits a state from maintaining the traditional understanding and definition of marriage as between a man and a woman,” Otter’s Washington, D.C. attorney, Gene Schaerr, wrote in the 41-page petition.
  • Ohio Leads the Way on Criminal Intent Reform

    12/31/2014 8:45:52 AM PST · by MichCapCon · 6 replies
    Capitol Confidential ^ | 12/30/2014 | Anne Schieber
    Recently passed legislation will make Ohio become the first state in the country to require that a person’s state of mind be a key element of any criminal prosecution. It does this by making criminal intent a default requirement for prosecutions in any newly-enacted crimes, although legislators can dispense with the requirement in a particular proposal. More than simply establishing a default going forward, however, the legislation voids any law that does not require prosecutors to show criminal intent, and requires a review of current criminal offenses. Both chambers of the Ohio General Assembly passed the bill unanimously and the...
  • War over Obama’s Amnesty Moves to the Courts: DOJ Defeat in Federal Court is just the First Battle

    12/19/2014 5:46:39 AM PST · by SeekAndFind · 13 replies
    National Review ^ | 12/19/2014 | Hans Von Spakovsky
    The U.S. Justice Department and the Obama administration have lost their first battle in the war over the president’s plan to provide “deferred action,” or amnesty, to almost 5 million illegal aliens. When the judge for a Pennsylvania federal district court held on December 16 that President Obama’s “Executive Action is unconstitutional because it violates the separation of powers and the Take Care Clause of the Constitution,” it must have felt like it came from left field, since the case didn’t involve a general attack on the immigration amnesty plan. No, U.S. v. Elionardo Juarez-Escobar is a criminal prosecution...
  • Wearing American patriotic garb prohibited on a foreign holiday

    12/15/2014 10:49:02 AM PST · by DanMiller · 14 replies
    Dan Miller's Blog ^ | December 15, 2014 | Dan Miller
    Feminists demand that men learn not to rape so that suggestive attire can be worn safely. Hispanics in California demanded that high school students not be permitted to wear patriotic attire so that Hispanics wouldn't feel offended and perhaps become violent. The school complied. A Federal District Court and a majority of the 9th Circuit Court of Appeals agreed with the Hispanics.According to this Rutherford Institute press release, it has asked the Supreme Court to reject a lower court ruling that declared it unsafe for California public school students to wear American flag t-shirts to school. In asking the Supreme Court to hear the case of...
  • Case Tossed Vs. Woman Held 22 Years in Son's Death

    12/12/2014 2:37:43 AM PST · by SoFloFreeper · 22 replies
    ABC ^ | 12/12/14 | JACQUES BILLEAUD and BOB CHRISTIE
    A state appeals court has ordered the dismissal of murder charges against a woman who spent 22 years on Arizona's death row for the killing of her 4-year-old son. The Arizona Court of Appeals on Thursday leveled harsh criticism against prosecutors over their failure to turn over evidence during Debra Jean Milke's trial about a detective with a long history of misconduct and lying. The court called prosecutors' actions "a severe stain on the Arizona justice system." A three-judge panel of the appeals court said it agreed with Milke's argument that a retrial would amount to double jeopardy..... The appeals...
  • Cage-bound chimp doesn't have same rights as humans, court rules

    12/04/2014 4:00:31 PM PST · by PROCON · 25 replies
    cbsnews ^ | Dec. 4, 2014 | CBS/AP
    ALBANY, N.Y. -- A New York appeals court says a chimpanzee isn't entitled to the rights of a human and doesn't have to be freed by its owner. The three-judge Appellate Division panel was unanimous Thursday in denying "legal personhood" to Tommy, who lives alone in a cage in upstate Fulton County. A trial level court had previously denied the Nonhuman Rights Project's effort to have Tommy released. The group's lawyer, Steven Wise, told the appeals court in October that the chimp's living conditions are akin to a person in unlawful solitary confinement.
  • Expected California Supreme Court nominee Leondra Kruger a 'mind blower'

    11/24/2014 3:53:35 PM PST · by Oldeconomybuyer · 35 replies
    Los Angeles Times ^ | November 24, 2014 | By MAURA DOLAN
    Gov. Jerry Brown announced Monday that he would nominate Leondra R. Kruger, a federal government lawyer, to the California Supreme Court. Kruger, 38, who grew up in Pasadena, was admitted to the State Bar of California in 2002 but has not practiced law in the state since 2009, according to bar records. She has worked primarily in Washington, D.C., where she has represented the federal government in cases before the U.S. Supreme Court. She would be the only African American on the court. Kruger is a deputy assistant attorney general at the U.S. Department of Justice, Office of Legal Counsel....
  • Monster Win for Natural Marriage [Great Analysis]

    11/08/2014 12:28:30 AM PST · by GonzoII · 48 replies
    American Family Association ^ | Friday, November 7, 2014 8:53 AM | Bryan Fischer
    Yesterday, the 6th Circuit Court of Appeals struck a reverberating blow on behalf of natural marriage and the Constitution by upholding bans on sodomy-based marriages in its jurisdiction.It is impossible to overestimate the importance of this ruling.It means, for one thing, that the issue is now on the fast track to the Supreme Court. If the Court accepts a marriage case by January, a decision will almost certainly be issued by next June.From a constitutional standpoint, the 6th Circuit’s ruling is a model of sound jurisprudence. The ruling observes that the Supreme Court has already settled the question of the...
  • Can executive amnesty for illegals be killed by Congress?

    11/06/2014 12:30:12 PM PST · by DanMiller · 33 replies
    Dan Miller's Blog ^ | November 6, 2014 | Dan Miller
    What Obama intends to do by His royal decree on amnesty for illegal aliens is murky at best. Here, however, are a few thoughts.During His November 5th press conference, Obama declined to provide significant details about His contemplated Royal decree on immigration "reform." Jeff, you know, I think if you want to get into the details of it, I suspect that when I announce that executive action, it’ll be bright full of detail." That's similar to former House Speaker Pelosi's "we have to pass the [health care] bill so that you can find out what’s in it....” However, before the ObamaCare legislation passed we...
  • Police can require cellphone fingerprint, not pass code

    10/31/2014 10:15:10 PM PDT · by Reno89519 · 16 replies
    The Virginian-Pilot ^ | October 30, 2014 | Elisabeth Hulette
    A Circuit Court judge has ruled that a criminal defendant can be compelled to give up his fingerprint, but not his pass code, to allow police to open and search his cellphone. The question of whether a phone's pass code is constitutionally protected surfaced in the case of David Baust, an Emergency Medical Services captain charged in February with trying to strangle his girlfriend. Prosecutors had said video equipment in Baust's bedroom may have recorded the couple's fight and, if so, the video could be on his cellphone. They wanted a judge to force Baust to unlock his phone, but...
  • Sowell: Local or National Elections?

    10/13/2014 9:22:47 AM PDT · by jazusamo · 25 replies
    Creators Syndicate ^ | October 14, 20134 | Thomas Sowell
    Speaker of the House Tip O'Neill once said, "All politics is local." That may have been true in Tip O'Neill's day, but some elections are decisively on national issues — and the Congressional elections this year are overwhelmingly national, just as the elections of 1860 were dominated by one national issue, namely slavery. In 1860, some abolitionists split the anti-slavery vote by running their own candidate — who had no chance of winning — instead of supporting Abraham Lincoln, who was not pure enough for some abolitionists. Lincoln got just 40 percent of the vote, though that turned out to...
  • What the 'gay marriage' debate is really about

    10/10/2014 10:29:10 PM PDT · by EternalVigilance · 66 replies
    WND ^ | Oct. 10, 2014 | Matt Barber
    Exclusive: Matt Barber warns, 'The courts are tossing around spiritual nitroglycerin' It’s called Pandora’s Box. And the Supreme Court just opened it. Did you actually think the debate over “gay marriage” was about marriage? Have you really come to believe that this cultural kerfuffle has anything to do with “civil rights” or “equality”? Have you bought into the popular premise that this is a legitimate discussion on federalism – that it’s a reasonable disagreement over whether the U.S. Constitution’s equal protection clause requires that newfangled “gay marriage,” something rooted in same-sex sodomy, a deviant and disease-prone behavior our Constitution’s framers...
  • Courts block voter ID laws in Texas, Wisconsin

    10/10/2014 10:45:04 AM PDT · by afraidfortherepublic · 89 replies
    Fox News ^ | 10-10-14
    AUSTIN, Texas – A federal judge likened Texas' strict voter ID requirement to a poll tax deliberately meant to suppress minority voter turnout and struck it down less than a month before Election Day — and mere hours after the U.S. Supreme Court blocked a similar measure in Wisconsin. The twin rulings released Thursday evening represent major and somewhat surprising blows to largely Republican-backed voter identification rules sweeping the nation that have generally been upheld in previous rulings. Approved in 2011, Texas' law is considered among the nation's harshest and had even been derided in court by the Justice Department...
  • Democracy died today in the USA: the Supreme Court (#SCOTUS) killed it

    10/06/2014 9:22:07 AM PDT · by Teófilo · 54 replies
    Vivificat - From Contemplation to Action ^ | 6 October 2014 | Teófilo de Jesús (@vivificat)
    Brethren, Peace to you all in Jesus Christ, our Supreme, Merciful Judge. This is in the news at this time: WASHINGTON (AP) - The Supreme Court has turned away appeals from five states seeking to prohibit same-sex marriages, paving the way for an immediate expansion of gay and lesbian unions. The justices on Monday did not comment in rejecting appeals from Indiana, Oklahoma, Utah, Virginia and Wisconsin. The court's order immediately ends delays on marriage in those states. Couples in six other states should be able to get married in short order. That would make same-sex marriage legal in 30...
  • EDITORIAL: The inhumane society

    10/01/2014 5:50:28 AM PDT · by afraidfortherepublic · 24 replies
    The Washington Times ^ | 10-1-14 | Editorial
    A prominent animal-rights charity is not a friend of the furry kingdom. Americans love animals, even cats. Eight million stray dogs and cats find their way into animal shelters every year, and the lucky ones are adopted into a warm home with a loving family. Shelters are operated by small charities usually called “humane societies,” whose good deeds are funded by private generosity. The Humane Society of the United States trades on the good of others to finance a radical agenda. In May, the Humane Society and a handful of other radical animal-rights groups had to write a $15.8 million...
  • Dinesh D’Souza Criminally Sentenced While John Edwards and Other Liberals Skated

    09/29/2014 6:42:07 AM PDT · by Kaslin · 11 replies
    Townhall.com ^ | September 29, 2014 | Rachel Alexander
    Conservative author Dinesh D’Souza, one of the most brilliant conservative political writers of the modern era, was sentenced by a judge last week to eight months in a halfway house and probation. He was also ordered to pay a $30,000 fine within 45 days. His alleged crime? He made two contributions to a losing political campaign under the names of friends. D’Souza accepted a plea agreement admitting he used straw donors to donate $20,000 to the U.S. Senate campaign of Wendy Long, a friend of his. Federal campaign law limits contributors to U.S. Senate campaigns to $5,000 each. At first...
  • Conservative Writer Dinesh D'Souza Is Spared Prison Time For Campaign Finance Conviction

    09/23/2014 10:32:30 AM PDT · by drpix · 130 replies
    thesmokinggun.com ^ | 9/23/14 | staff
    Conservative writer/filmmaker Dinesh D’Souza was spared prison time today when a federal judge sentenced him to five years probation for violating campaign finance laws....
  • Historic German Trial Against IS Suspect

    09/17/2014 8:20:59 AM PDT · by GonzoII · 1 replies
    Rudaw ^ | yesterday at 02:39 | Deniz Serinci
    Pro-ISIS protesters in Germany. Photo: Veooz. COPENHAGEN, Denmark – A German national accused of fighting for the Islamic State (IS/ISIS) in Syria is on trial in Germany, in the first case of its kind. Kreshnik Berisha, a German-born 20-year-old whose parents are originally from Kosovo, faces a prison term of up to 10 years if found guilty. Prosecutor Horst Salzmann wrote in a press release that Berisha “wanted to create a theocracy under Shariah law. He took the oath. He was ready to die for his goals.”  Salzmann said that Berisha traveled to Syria via Turkey in July 2013...
  • Building Legacy Obama Reshapes Appellate Bench

    09/16/2014 4:19:13 PM PDT · by gwgn02 · 10 replies
    New York Times ^ | 9/16/2014 | Jeremy Peter
    WASHINGTON — Democrats have reversed the partisan imbalance on the federal appeals courts that long favored conservatives, a little-noticed shift with far-reaching consequences for the law and President Obama’s legacy. For the first time in more than a decade, judges appointed by Democratic presidents considerably outnumber judges appointed by Republican presidents. The Democrats’ advantage has only grown since late last year when they stripped Republicans of their ability to filibuster the president’s nominees. Democratic appointees who hear cases full time now hold a majority of seats on nine of the 13 United States Courts of Appeals. When Mr. Obama took...
  • Building Legacy, Obama Reshapes Appellate Bench

    09/14/2014 5:07:26 AM PDT · by Oldeconomybuyer · 9 replies
    New York Times ^ | September 13, 2014 | By JEREMY W. PETERS
    Democrats have reversed the partisan imbalance on the federal appeals courts that long favored conservatives, a little-noticed shift with far-reaching consequences for the law and President Obama’s legacy. For the first time in more than a decade, judges appointed by Democratic presidents considerably outnumber judges appointed by Republican presidents. The Democrats’ advantage has only grown since late last year when they stripped Republicans of their ability to filibuster the president’s nominees. Democratic appointees who hear cases full time now hold a majority of seats on nine of the 13 United States Courts of Appeals. When Mr. Obama took office, only...
  • Freedom of Approved Speech

    09/11/2014 6:54:19 AM PDT · by Sean_Anthony · 2 replies
    Canada Free Press ^ | 09/11/14 | Douglas V. Gibbs
    If you believe it is in your best interest to allow government to take power over certain things, it won't be long before government takes power over certain things that are not in your best interest The politicians are always working on tweaking freedom of speech because political correctness has turned out not to be oppressive enough. They use back doors and side entrances to attack freedom of speech, because if they came in the front door, you would know what they were up to, and you would use your freedom of speech to stop them. The political leaders tell...
  • Christie: Casinos, Tracks Can Offer Sports Betting

    09/09/2014 6:38:02 AM PDT · by ConservativeStatement · 7 replies
    Associated Press ^ | Sept. 9, 2014 | Wayne Parry
    Republican Gov. Chris Christie's administration issued a directive Monday allowing the state's casinos and racetracks to offer sports betting, a move likely to be challenged in court by sports leagues. The governor said he took his cue from previous federal court rulings that found that nothing in New Jersey law prohibits the casinos and horse racing tracks from offering sports betting, so long as it's not sponsored or licensed by the state. Soon afterward, one racetrack, Monmouth Park in Oceanport, said it was preparing to offer sports bets "in the very, very near future."
  • Democracy Alliance Bankrolled Court-Packing Scheme

    08/27/2014 4:16:03 PM PDT · by Bratch · 5 replies
    Washington Free Beacon ^ | August 25, 2014 | Alana Goodman
    A shadowy network of wealthy liberal donors bankrolled an operation to pack one of America’s most powerful courts with progressive judges, according to documents reviewed by the Washington Free Beacon.Now the effort could prevent an Obamacare challenge from reaching the Supreme Court, legal experts say.The strategy to fill the D.C. Court of Appeals with left-leaning judges was aided by the American Constitution Society, a non-profit group that “promotes a progressive vision of the law.” The ACS is funded in part by the Democracy Alliance, a liberal donor network that funnels millions to a web of dark-money member groups.During a fundraising presentation...
  • Court Rules in Favor of Ground Zero Cross, Rejects Atheists' Appeal

    07/29/2014 5:04:55 AM PDT · by Kaslin · 29 replies
    Townhall.com ^ | July 28, 2014 | Sarah Jean Seman
    The Second Circuit Court of Appeals ruled Monday that the 17-foot cross beam salvaged from the wreckage of Twin Towers will remain in the National 9/11 Museum, despite the very best efforts of American Atheists Inc. In “American Atheists v. Port Authority of New Jersey and New York” the group asserted that the artifact's positioning in the museum towered "over any other symbols in the vicinity, expressing Christian primacy." It charged that the Latin cross's dominance violated the First Amendment Establishment Clause and the 14th Amendment Equal Protection Clause of the United States Constitution. The judges found, however, that the...
  • Keys men who won marriage case ask appeals court to send case to Florida Supreme Court

    07/28/2014 9:27:13 AM PDT · by SoFloFreeper · 5 replies
    Miami Herald ^ | Steve Rothaus
    Lawyers for two Monroe County men who won the right to marry filed papers Monday for the state’s appeal to move directly to Florida's Supreme Court. “We’re filing in the court of appeal, a motion, in layman’s terms, to pass through the jurisdiction of the third District Court of Appeal and to send the case directly to the Florida Supreme Court.....
  • Split Rulings Over Obamacare Point to Another Supreme Court Showdown

    07/22/2014 11:28:18 AM PDT · by SeekAndFind · 57 replies
    Wall Street Journal ^ | 07/22/2014 | Jacob Gershman
    Less than an hour after an appeals court in Washington ordered the Obama administration to turn off the spigot of federal subsidies to consumers through U.S.-run health-care exchanges, an appeals court in Virginia ruled that the subsidies should be allowed to keep on flowing. With the future of Obamacare hanging in the balance, the back-to-back opinions raise the likelihood of another Supreme Court showdown over the the president’s marquee law. The two circuits split over an issue fundamental to the implementation of the Affordable Care Act. That is, whether the Internal Revenue Service had the authority under the statute passed...
  • On the other hand: Fourth Circuit upholds ObamaCare subsidies for federal exchange consumers

    07/22/2014 11:15:41 AM PDT · by SeekAndFind · 43 replies
    Hotair ^ | 07/22/2014 | AllahPundit
    Well, this is awkward.Unlike the D.C. Circuit, which split 2-1, the majority here was 3-0. Even so, the most noteworthy thing about the opinion is how tormented the court seems in trying to determine what Congress intended when it said that subsidies should be available only on “an exchange established by the State.” From page 20:Page 24:Page 28:If they can’t decide what the key phrase was designed to do, why don’t they follow the D.C. Circuit’s lead and stick with the plain text? In the first excerpt above, the court frankly admits that the language of the law seems...
  • Federal Court Says Obamacare Subsidies Illegal -- what next?

    07/22/2014 8:57:05 AM PDT · by Sean_Anthony · 27 replies
    Canada Free Press ^ | 07/22/14 | Alan Joel
    A federal appeals court handed down a ruling this morning that could be problematic for ObamaCare. As just reported, “A judicial panel in a 2-1 ruling said such subsidies can be granted only to those people who bought insurance in an ObamaCare exchange run by an individual state or the District of Columbia—not on the federally run exchange HealthCare.gov.” You can read the entire appeal here.
  • Human rights court: Europe cannot be forced to redefine marriage

    07/18/2014 11:17:17 AM PDT · by NKP_Vet · 13 replies
    http://www.catholicnewsagency.com ^ | July 18, 2014 | Adelaide Mena
    Strasbourg, France, Jul 18, 2014 / 02:56 am (CNA/EWTN News).- The European Court of Human Rights ruled that the refusal to recognize same-sex “marriages” does not violate the European Convention on Human Rights. In a July 16 ruling, the human rights court explained that while “some Contracting States have extended marriage to same-sex partners,” European laws establishing the right of men and women to freely marry “cannot be construed as imposing an obligation on the Contracting States to grant access to marriage to same-sex couples.” The applicant to the high European human rights court brought his petition after Finland refused...
  • Overwhelmed immigration courts could face further delays

    07/13/2014 11:22:06 AM PDT · by SeekAndFind · 6 replies
    CSM ^ | 07/13/2014 | Amy Taxin
    It can take three years to get a hearing under the current immigration court system. Many expect delays to become worse due to the deluge of tens of thousands of Central American children crossing the US-Mexican border. Adolescent girls in braids and pigtails and teenage boys wearing jeans and sneakers sat alongside their parents in the courtroom of Immigration Judge Frank Travieso to hear how long they might be allowed to stay in the United States. Travieso grabbed four thick books and dropped each one on his desk with a thud, warning the families in his Los Angeles courtroom about...
  • Free to Choose vs. Cost-Free Access

    07/01/2014 2:18:35 PM PDT · by Kaslin · 4 replies
    Townhall.com ^ | July 1, 2014 | Debra J. Saunders
    How did women get birth control before President Barack Obama's Affordable Care Act? Before Obamacare, a woman could go to a doctor and get birth control. She often had to pay or make a copayment for contraception. But in the 2014 political lexicon, that means she had no access. On Monday, the Supreme Court issued its 5-4 Hobby Lobby decision, which recognized family-owned corporations' religious right to not offer contraception mandated under the Affordable Care Act in their employee health insurance plans. In her dissenting opinion, Justice Ruth Bader Ginsburg charged that the ruling would "deny legions of women...
  • Federal judge issues split ruling on Utah immigration law

    06/19/2014 3:35:46 PM PDT · by Tennessee Nana · 3 replies
    FOXNEWS ^ | June 18, 2014 | AP/Staff
    <p>SALT LAKE CITY – A federal judge has issued a split ruling on Utah's controversial immigration law, upholding one key measure but striking down several others.</p> <p>U.S. District Judge Clark Waddoups' ruling Wednesday upheld a key provision requiring authorities to check the immigration status of people arrested for felonies or Class A misdemeanors, such as theft.</p>
  • Michelle Friedland of S.F. confirmed for 9th Circuit Court

    04/29/2014 3:11:08 PM PDT · by Oldeconomybuyer · 6 replies
    San Francisco Chronicle ^ | April 29, 2014 | by Bob Egelko
    <p>The Senate confirmed President Obama's nomination of San Francisco attorney Michelle Friedland to the Ninth U.S. Circuit Court of Appeals on a near party-line vote Monday.</p> <p>The vote was 51-40, the bare majority needed.</p> <p>While handling business cases at her firm, she has also represented the gay-rights group Equality California in challenging California's now-overturned ban on same-sex marriage and in defending a state law that prohibits therapy aimed at turning gay youths straight.</p>
  • Lawmakers Move to Quash 'Unjust' Foreign Court Rulings Against Russians

    04/26/2014 3:34:29 AM PDT · by WhiskeyX
    The Moscow Times ^ | Apr. 25 2014 15:12 | The Moscow Times
    Lawmakers from the ruling United Russia party are preparing a bill that would enable the dismissal of foreign courts' "unjust" decisions on cases that could have been heard in Russia, a top State Duma official said. This initiative, which is being spearheaded by Vladimir Ponevezhsky, the Duma's representative at the Supreme Court, would also allow Russian citizens and legal entities to seek compensation from the Russian government in the event that a foreign court rules against them, Interfax reported Thursday, citing Vladimir Pligin, the chairman of the Duma committee for constitutional legislation.
  • California Courts Move to Blacklist Boy Scouts

    04/22/2014 1:14:35 PM PDT · by walford · 27 replies
    World Net Daily ^ | Apr 21, 2014 | WND Staff
    A move is under way in the California court system to ban judges from belonging to the Boys Scouts of America because the youth organization discriminates against homosexuals. A proposed rule change by the Supreme Court Advisory Committee on The Code of Judicial Ethics would make the BSA no longer “excepted from the category of organizations that practice ‘invidious discrimination’ on the basis of sexual orientation.” Last May, the BSA’s National Council voted to allow acknowledged homosexuals to be in the program but not in leadership. It’s the ban on “gay” leaders that has prompted the California courts’ action.
  • Judge wants back on bench after insanity ruling (Chicago)

    03/31/2014 7:29:26 AM PDT · by logi_cal869 · 13 replies
    Chicago Tribune ^ | 3/28/2014 | Steve Schmadeke
    (snip) Brim was effectively suspended from her duties as a judge after the battery charges were filed but was nonetheless returned to the bench by voters weeks later. She has continued to collect her $182,000 salary since her 2012 suspension. On Friday, Brim said she was once again able to fulfill her duties as judge. Over the last two years, she said, she has consistently taken her medications – a requirement of her probation in the battery case – and has not had any psychotic episodes. “I can serve as a judge with full capability as long as I continue...
  • Is There a “Right” to Birth Control? (what the administration really wants)

    03/27/2014 5:42:37 AM PDT · by NYer · 29 replies
    Crisis Magazine ^ | March 27, 2014 | Joe Hargrave
    The Supreme Court heard oral arguments on Tuesday from opposing legal counsel on the HHS contraception mandate cases. The media consensus appears to be that the justices were hard on the mandate and appear likely to issue a narrow ruling exempting “closely-held” corporations, which both of the plaintiffs are, while leaving open the question of whether or not publicly-traded corporations have First Amendment rights. The distinction is relevant since closely-held corporations are directly operated by their owners and are fairly limited in the number of shareholders they typically have, while public corporations have hundreds or thousands of shareholders. The...
  • Kansas Supreme Court Usurps Legislature’s Authority

    n most states, elected officials, usually state legislators, are responsible for assessing what education funding in the state should be and will be. Recently, the Kansas Supreme Court ruled that in fact, the judicial branch has jurisdiction over this crucial area of the budget. Although the Court didn’t answer the broad question of what constitutes the “adequate school funding” requirement in the Kansas State Constitution, it did say that lawmakers must fund schools equally. And while this ruling will have some impact on present school funding formulas, the Court made sure to clarify that it has jurisdiction over what counts...
  • A Corrupt Criminal Justice System

    03/20/2014 11:23:53 PM PDT · by zeestephen · 9 replies
    Commentary Magazine ^ | 20 March 2014 | John Steele Gordon
    Glenn Reynolds not only runs the indispensable Instapundit website, he is also a distinguished law professor at the University of Tennessee and writes a regular column for USA Today. Today’s column is an important one, “Our Criminal Justice System Has Become a Crime.”
  • Pvt. Manning seeks formal name change to Chelsea

    03/19/2014 9:07:57 PM PDT · by slumber1 · 47 replies
    The Dallas Morning News ^ | 3-19-14 | FROM WIRE REPORTS
    The Army private who was tried and convicted as Bradley Edward Manning for leaking U.S. secrets to WikiLeaks is petitioning a Kansas court for a name change, to Chelsea Elizabeth Manning.
  • Judge says juror having heart attack ‘can wait’: witness

    03/02/2014 10:41:20 PM PST · by Slings and Arrows · 32 replies
    NY Post ^ | February 27, 2014 | Christina Carrega-Woodby and Erin Calabrese
    Now that’s bad judgment. A Queens father-to-be is lucky to be alive after a judge allegedly ignored his pleas to be excused from a jury pool when he complained about searing pains in his chest, court documents reveal. Nyima Dorjee, 39, of Woodside was sitting in a jury pool on a gun possession trial last week when he told a prosecutor that he was having chest pains and difficulty breathing, according to a report filed by the officer. But when the court officer informed Justice Joel Blumenfeld of the emergency, the judge insisted to him and his supervisor that the...
  • New Order in the Court: Dress Like a Professional

    03/02/2014 11:32:32 AM PST · by Kaslin · 24 replies
    Townhall.com ^ | March 2, 2014 | Debra J. Saunders
    The first thing you should know is that I'm guilty. I am a part-time professional dress code offender. I wear jeans to work when I don't plan on interviewing anyone that day. I used to keep a pair of flip-flops under my desk. For all I know, they're still there, buried under something else. When I told co-workers I'd have to confess to my sartorial sins, I thought they'd tell me: Nonsense, you always dress well. I was wrong. In my defense, I clean up well for editorial board meetings. I like to think I dress well for a newspaper...
  • Court: School can ban US flag shirts for safety

    02/28/2014 12:17:26 AM PST · by Cincinatus' Wife · 86 replies
    Houston Chronicle ^ | February 27, 2014 | PAUL ELIAS,
    SAN FRANCISCO (AP) — Officials at a Northern California high school acted appropriately when they ordered students wearing American flag T-shirts to turn the garments inside out during the Mexican heritage celebration Cinco de Mayo, a federal appeals court ruled Thursday. The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed students' freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School, in the San Jose suburb of Morgan Hill, had a history of problems between white and Latino students on...
  • Will Courts Lift Veil of Secrecy Around Lethal Injections?

    02/27/2014 10:45:17 PM PST · by CorporateStepsister · 15 replies
    NBC News ^ | February 28, 2014 | By Pete Williams
    Despite growing controversy over the use of anonymous pharmacies for lethal injections, the U.S. Supreme Court has thus far declined to block any executions based on 11th-hour appeals challenging the drug connections. That includes the case of Michael Taylor, a convicted rapist and murderer who was put to death at 12:10 a.m. Wednesday in Missouri after a furious legal battle that stretched well into the night. It's worth nothing, however, that three high court justices wanted to block Taylor's execution and cited the words of an appeals judge who said so little was known about the source of the deadly...
  • Louis Farrakhan: Black America must demand its own court system

    02/24/2014 9:18:38 AM PST · by mandaladon · 76 replies
    Minister Louis Farrakhan, the outspoken and controversial leader of The Nation of Islam, called for a separate court system for African-Americans Sunday because he believes the biased U.S. judicial system does not deliver “equal justice.” Speaking for almost three hours to a crowd of thousands assembled at Joe Louis Arena in Detroit for the last day of the annual convention of the Nation of Islam, Farrakhan railed against the system and encouraged the African-American community to demand its own court system. “We want equal justice under the law,” the Detroit Free Press reported Farrakhan said. “Our people can’t take much...
  • Georgia woman who pleaded guilty to explosives charges sentenced to 6 years probation

    02/21/2014 4:12:55 PM PST · by qaz123 · 19 replies
    FOXNEWS ^ | 21FEB14 | AP
    A north Georgia woman who pleaded guilty to federal explosives charges was sentenced to serve six years on probation. U.S. District Judge Richard Story on Friday told Celia Savage he was taking a chance by not sending her to prison. He warned her that if she appeared before him again that he would do just that.
  • Report: Immigrants improve in fighting deportation. Illegals increasingly winning deportation cases

    02/14/2014 10:10:42 AM PST · by SeekAndFind · 9 replies
    Miami Herald ^ | 02/14/2014 | ALICIA A. CALDWELL
    Immigrants facing deportation are increasingly finding success in immigration courts, according to a new analysis of court data. Nearly half of immigrants facing deportation have won their cases in the last year, according to the Transactional Records Clearinghouse at Syracuse University, which collects and studies federal prosecution records. The government has been losing more deportation cases each year since 2009. The analysis published Thursday does not say how many deportation cases Immigration and Customs Enforcement, whose lawyers represent the government in immigration courts, successfully appealed to the Board of Immigration Appeals. The government can appeal immigration court rulings to the...
  • The Soul of the Obama Administration

    02/14/2014 6:12:30 AM PST · by Kaslin · 25 replies
    Townhall.com ^ | February 14, 2014 | Mona Charen
    Few have ever heard the name Debo Adegbile. He's President Barack Obama's nominee to head the civil rights division of the Justice Department. A few months ago, his nomination would have been a non-starter -- there is more than a whiff of radicalism in his past. But we are in a new world. Sen. Harry Reid is now absolute monarch of the Senate. Republicans are largely irrelevant. They cannot offer amendments to legislation. They cannot filibuster. I suppose they can write letters to the editor, and march outside the chamber wearing sandwich boards. Before the Reid invocation of the "nuclear...
  • Another Federal Court Undermines the Second Amendment

    02/12/2014 7:27:41 AM PST · by Kaslin · 9 replies
    Townhall.com ^ | February 12, 2014 | Bob Barr
    Crime once again is on the rise in America. According to recent figures from the Bureau of Justice Statistics, crimes against property are up a staggering 12 percent from last year; violent crime even more -- 15 percent. Citizens in many of our country’s largest metropolitan areas increasingly are becoming victims of gun-toting criminals, even as liberal mayors, governors, and state legislators continue their efforts to undermine the Second Amendment rights of those very citizens. One might think that the end of America’s two-decade long decline in crime might serve to justify the need to strengthen – not weaken –...
  • President Obama versus Hobby Lobby

    01/27/2014 5:57:03 AM PST · by Kaslin · 14 replies
    Townhall.com ^ | January 27, 2014 | Star Parker
    Senior advisor to President Obama, Valerie Jarrett, wrote for the White House blog and the Huffington Post that, "A Woman's Health Care Decisions Should Be in Her Own Hands, Not Her Boss's." I couldn't agree more. Odd then that the administration is trying to insert bosses, many of them against their deeply held religious beliefs, into the private health care decisions of women. Ms. Jarrett writes that, "The ACA (Affordable Care Act) was designed to ensure that health care decisions are made between a woman and her doctor, and not by her boss, or Washington politicians." In fact, the administration...