Le·gal In·sur·rec·tion
LATEST NEWS
Elena Kagan 2009: “There is no federal constitutional right to same-sex marriage”
on June 24, 2015
93 Comments
Possibly as soon as Thursday morning, but certainly by early next week, we will know how the Supreme Court rules on the issue of whether denying same-sex couples the ability to marry violates the U.S. Constitution.
Lyle Denniston at ScotusBlog summarized the case as follows:
Taking on a historic constitutional challenge with wide cultural impact, the Supreme Court on Friday afternoon [January 16, 2015] agreed to hear four new cases on same-sex marriage. The Court said it would rule on the power of the states to ban same-sex marriages and to refuse to recognize such marriages performed in another state.... The Court fashioned the specific questions it is prepared to answer, but they closely tracked the two core constitutional issues that have led to a lengthy string of lower-court rulings striking down state bans. As of now, same-sex marriages are allowed in thirty-six states, with bans remaining in the other fourteen but all are under court challenge. Although the Court said explicitly that it was limiting review to the two basic issues, along the way the Justices may have to consider what constitutional tests they are going to apply to state bans, and what weight to give to policies that states will claim to justify one or the other of the bans....I hate trying to predict court rulings, but the political winds have changed dramatically the past few years, so if I had to bet, I'd bet that the ruling is 5-4 for gay marriage. [Warning - my bets tend to be counter-indicators.] Don't think for a second that politics and public opinion doesn't influence such historic cases. I also expect Elena Kagan to be one of the five, based on her comments during oral argument, via NY Times:
Here Comes Bobby Jindal
on June 24, 2015
15 Comments
It's official---Bobby Jindal is running for President of the United States.
Today's initial announcement was quieter than the many that have come before it. There was no stadium, no enthusiastic crowd, no Instagram enthusiasts---just a single camera, and a conversation between Jindal and his wife and children.
It was...different. Watch:
The crowds and flashing lights will come later---his more formal announcement will take place tonight at 5:45 EST, just outside of New Orleans. Bobby’s son Shaan will be offering a behind the scenes look at the announcement on Twitter's new live streaming app, Periscope. You can watch that stream here.
Tsarnaev hears from his victims, is formally sentenced to death
on June 24, 2015
15 Comments
Earlier this year, Boston Marathon bomber Dzhokhar Tsarnaev was sentenced to death after a jury found him guilty on 30 counts including conspiracy and murder. 10 of those counts carried a capital sentence, and just one month after the verdict was read, the same jury sentenced Tsarnaev to death.
Today, a judge formally handed down that verdict, and allowed victims and their families to speak directly to Tsarnaev. About 30 people stepped up to speak, and the mood in the courtroom was emotional:
CNN listened in:
"I know life is hard, but the choices that you made were despicable," said the mother of victim Krystle Campbell, Patricia, who stood with her husband William and her son and brother. "You will never know why she is so desperately missed by those of us who loved her," Karen McWatters, a friend of Campbell's, told Tsarnaev, who was facing in the direction of the speakers but not directly looking at them. Tsarnaev instead often looked down, as he did during most of his long trial.
Negotiations continue as war in Yemen rages on
on June 24, 2015
2 Comments
Representatives from the Yemeni southern separatist movement are meeting in Oman this week with Houthi officials in an attempt to stall the fighting that has led to a humanitarian crisis in the impoverished nation. In addition, a coalition loyal to former Yemeni President Ali Abdullah Saleh has headed to Moscow for a meeting with Russian officials
(Lost track of who is fighting who in Yemen? The AP puts it this way: The fighting in Yemen pits the Houthis and allied troops loyal to Saleh against southern separatists, local and tribal militias, Sunni Islamic militants and loyalists of exiled President Abed Rabbo Mansour Hadi. The rebels seized the capital, Sanaa, in September.)
Meanwhile on the ground, anti-Houthi forces have managed to re-secure one of the border crossings between Yemen and Saudi Arabia. This crossing was being held by the Iranian-backed Houthi rebels as part of their retaliatory assault on Saudi Arabia; Saudi, determined to maintain its influence in the region in the face of a rising Iran, has for the past several months led an intense bombing campaign against Houthi strongholds. This, of course, has led to a massive anti-Saudi propaganda campaign on behalf of rebel fighters who seek to maintain their strategic hold on the region.
More from Reuters:
LEGAL INSURRECTION QUICK TAKES
Social Justice Program at Vanderbilt U. Invites Planned Parenthood Lawyers to Discuss Racial Justice
Biden Really Considering 2016 Run?
on June 24, 2015
10 Comments
Despite not having taken the step to even announce that he's considering to announce a possible announcement about a run for the presidency, Joe Biden's people are quietly saying he will decide soon.
Biden's entry into the race would certainly shakes things up. Despite the Hillary juggernaut, Biden could be a formidable opponent, and would certainly poll better as a candidate than he is now as Vice President. As for the potential run, CNN reports:
In just more than a month, Biden will determine whether or not to make another go at the top job. And while many Democrats say they're doubtful he will launch a presidential campaign, his supporters are holding out hope he decides to challenge Hillary Clinton for the Democratic nomination.
As he steps back into public life, Biden has set an early August deadline for making his intentions known, said a Democrat familiar with his thinking. Before his son's death, Biden consistently said he wasn't ruling out making a third bid for president.
U.S. News and World Report first reported Biden's August deadline. His office declined to comment on Biden's presidential aspirations.
On the question of polling, Hillary at this point has a commanding lead:
Non-resident U.S. citizen granted trial challenging ATF gun ownership restrictions
on June 24, 2015
12 Comments
We last saw Attorney Alan Gura just last week, when we covered his oral arguments in front of the 9th Circuit en banc on the matter of "good cause" concealed carry requirements in California (see Full 9th Circuit hears “Good Cause” 2A Ruling and Analysis: Government’s laughable arguments in 9th Circuit 2nd Amendment case, both of which include video of the arguments as well as a rough transcript).
Today, we catch up with Gura again as he enjoys a favorable Second Amendment decision from the United States Court of Appeals for the District of Columbia in the case of Dearth v. Lynch (previously, Dearth v. Holder). (The full decision is embedded at the bottom of this post)
This case has had a long and tortuous history, as noted today on Twitter by Gura himself:
Of course, the case is far from over. Indeed, what Gura has just won after fighting for this case now for more than six years is merely the right to take the case to trial. (The original complaint was filed March 27, 2009, and is also embedded below; indeed, it more clearly sets out the basic facts than does today's ruling)
Of course, the case is far from over. Indeed, what Gura has just won after fighting for this case now for more than six years is merely the right to take the case to trial. (The original complaint was filed March 27, 2009, and is also embedded below; indeed, it more clearly sets out the basic facts than does today's ruling)
PBS host unsuccessfully tries to corner Ted Cruz on gun control
on June 24, 2015
32 Comments
Ah yes, the media and gun control.
Senator Cruz joined PBS host Tavis Smiley Tuesday. Smiley seized the opportunity to peg Sen. Cruz on gun control.
"To me and to others who've seen this, it seemed in bad taste, but maybe that's my assessment," Smiley said. "We all know what happened in Charleston the other day, and you were on the campaign trail after this happened, here's what you said on the campaign trail."
Smiley then showed Sen. Cruz a clip bearing a HuffPo watermark, dated June 19 when Cruz was addressing a crowd in Iowa. "We need a second amendment, the right to keep and bear arms. You know the great thing about the state of Iowa, I'm pretty sure y'all define 'gun control' the same way we do in Texas -- hittin' what you aim at," Cruz explained as the audience chuckled.
"Gun control is hitting what you aim at. Those comments were made after this tragedy the other day in South Carolina the other day, was that in bad taste?" Smiley asked.
Wounded Syrian on way to Israeli hospital “lynched” by Druze
on June 23, 2015
1 Comment
On May 25, 2015, I reported on my visit to Ziv Hospital in Safed (Tsvat), Israel, where people injured in the Syrian conflict were being given medical care, Meet an Israeli Doctor Saving Syrian Lives and Limbs:
[Ziv Hospital, Safed, Israel][/caption]
These treatments are not sitting well with Israel's 130,000 person Druze community, particularly on the Golan Heights, out of concern for attacks on Druze in Syria by al-Qaeda linked groups. The concern is that the over 700,000 Druze in Syria, who have stayed out of the fighting but also have been protected by the Syrian government, will be slaughtered by Jihadis.
Ziv has received some publicity the past two years for its treatment of Syrians. While some of the Syrians seeking help are not direct casualties of the fighting, such as expectant mothers, almost all have traumatic wounds as a result of the war. Almost all of them are men of fighting age, but it is a “don’t ask, don’t tell” policy as far as the hospital goes. The decision whether to admit people into the country for medical treatment, whether to treat them at the border, and whether to transport them to a place like Ziv is a decision made by the military. When the military does bring a wounded person to Ziv, the person is treated as any other patient.... A total of 490 Syrians have been treated at Ziv, under a status of “humanitarian life saving aid.” They are not treated as refugees under this status. Nintey percent are males, 17 percent have been children, and on one day in February 2013, 7 patients arrived in a single day.[caption id="attachment_128518" align="alignnone" width="600"]
[Ziv Hospital, Safed, Israel][/caption]
These treatments are not sitting well with Israel's 130,000 person Druze community, particularly on the Golan Heights, out of concern for attacks on Druze in Syria by al-Qaeda linked groups. The concern is that the over 700,000 Druze in Syria, who have stayed out of the fighting but also have been protected by the Syrian government, will be slaughtered by Jihadis.
How men and women differ on sex and relationships
on June 23, 2015
15 Comments
Despite gender fluidity's fifteen minutes of progressive fame, men and women still hold differing opinions on what is "morally acceptable" in the confines of a romantic relationship.
Polling released by Gallup Monday showed that the spectrum of "morally acceptable" behaviors has grown, but a crevasse splits men and women on issues like pornography, divorce, polygamy, extramarital affairs, and oddly, having children out of wedlock.
Women are more accepting of having children outside of marriage and divorce. Women too, are less likely to find homosexuality morally unacceptable.
Weighing in on the “Trans Fat” Ban
on June 23, 2015
20 Comments
The federal government is regulating the American meal, again.
This time, the target is trans-fat!
The Obama administration is ordering food companies to phase out the artery-clogging trans fats that can lead to heart disease, the country's leading cause of death. The Food and Drug Administration announced Tuesday that it would require food makers to stop using trans fats — found in processed foods like pie crusts, frostings and microwave popcorn — over the next three years.It turns out California has banned trans fats since 2008, when our "conservative" Governor Arnold Schwarzenegger signed a bill outlawing them. When I was at the local doughnut shop yesterday, with my husband (who requested the fat-laden extravaganza for his Father's Day Breakfast), I asked the proprietor about living with the trans fat ban. She explained that while she readily complied with the rules, at added expense passed onto the customer, some other shops continued using the banned ingredients. She noted that several were closed temporarily, until legal items arrived. These facilities were then regularly reinspected for compliance. Imagine this on a large scale. It is anticipated that the conversion will cost food manufacturers billions .
The Rachel Dolezal Story has Jumped the Shark
on June 23, 2015
10 Comments
Can we be done with Rachel Dolezal? I think we're ready to be done with Rachel Dolezal.
If the left's reaction to the general backlash against a decades-long exercise in blackface is any indication, we may be nearly free of seeing her face in the news. Acknowledging that the story is quickly fading into the background, Salon (#SalonPitches, still going strong!) published a missive dragging the issue back into the racial limelight: "What we can’t afford to forget about Rachel Dolezal: A master class in white victimology." I'm not going to pull a quote from this thing, because to do so would be to jump down the rabbit hole, through the looking glass, and into a world of intellectual pain; suffice it to say, the author attempts to make academic hay and fails (or succeeds, depending on how you feel about academia) spectacularly.
On a more serious note, officials associated with the NAACP and other organizations continue to take Dolezal to task, bristling at the idea that we can change our racial heritage as a matter of "identity."
The rest of the world, however, seems happy to hand over the story to comedians and the entertainment establishment. On a recent episode of Late Night with Seth Meyers, Maya Rudolph succumbed to demands that she take on the character and pulled it off with flair (and an afro):
Obama DOJ bucks anti-ransom policy as ISIS ramps up terror
on June 23, 2015
12 Comments
Since last year, Obama Administration officials have been internally debating whether or not to continue with their existing policy banning the payment of ransom to terrorists in exchange for hostages. In the United States, the law specifically bans the aiding of a terror organization; however, debate over the diplomatic effects of this policy rose to the forefront last year, when ISIS terrorists demanded ransom in exchange for the life of a 25 year-old American woman.
The US policy of denying ransom---either paid by the government, or private parties---caused tension in the international community. Switzerland, Spain, and France, among others, all permit negotiations with terror organizations, with all of Europe contributing at least $125 million to Al Qaeda and its affiliates in the last 5 years.
Last month, the Administration signaled that it was ready for a shift in policy by discussing the possibility of creating a "Hostage Czar," who would be responsible for guiding families through the ransom payment process; and now, the White House is ready to announce an official change in policy that would allow families to pay ransoms to terror organizations without fear of prosecution.
Gun-Free Zones: Real, or Pretend?
on June 23, 2015
53 Comments
Here's an interesting article about how it might have been a good thing if the attendees at the Bible study meeting in Charleston had been armed. That's not just a fanciful thought. Mass murders, even mass murders at churches, have been thwarted before by a good guy wielding a gun and stopping the bad guy (and here I use the word "guy" in the completely non-PC sense that includes "woman"):
Murray had already shot and killed two people in the parking lot when he burst into the New Life Church in Colorado Springs. Before he could pull the trigger again, however, the 24-year-old shooter was gunned down by Jeanne Assam, a volunteer security guard with a concealed-carry permit. That was eight years ago, but even though Ms. Assam was credited for saving as many as 100 lives that day, a dozen states continue to restrict the carrying of concealed firearms in churches — including South Carolina.There have been quite a few similar cases of a law-abiding citizen with a gun (often an ex- or off-duty police officer, but not always) stopping or even preventing a mass shooting. A list of similar incidents can be found here. That there are not even more is probably due to the fact that mass shootings are actually quite rare to begin with---despite our perceptions that they are common, and despite the fact that even a single one is too many---and so it is not surprising that there are not so very many cases where a witness pulled a gun and even tried to stop such a shooting. Another reason is likely to be that mass murderers understand that they will be more likely to achieve their goals if they attack people in a gun-free zone, and so many attacks occur in such places. But the shoot-em-up fantasy of someone like MSNBC's Bob Shrum appears to lack any real-world precedent:
Free Trade Deal passes another Senate hurdle (Updated)
on June 23, 2015
17 Comments
Today, pro-trade members of the Senate won a major battle for free trade after they overcame a liberal filibuster levied against the Trade Promotion Authority (TPA), or "fast track" trade authority.
Coming into today's cloture vote, analysts weren't 100% sure that Republican leadership would be able to wrangle both their own caucus, and the 14 pro-trade members across the aisle, into agreement over TPA. Going into the weekend, Democrats remained concerned about shuffling the Trade Adjustment Assistance (TAA) provisions to a separate vote, worrying that Republican leadership would go back on their word to advance the job funding program at a later date.
Also causing frustration for analysts was the sudden flip-flop of Texas Senator Ted Cruz. Cruz, who announced his run for the presidency earlier this year, today changed his vote on TPA from yea to nay in the wake of pressure from tea party lobbying groups.
Freddie Gray Case: Trial Date Set For Officers
on June 23, 2015
58 Comments
A trial date of October 13 has been set for the six officers charged with a plethora of felonies following the death of Freddie Gray while in police custody this past April, reports the Baltimore Sun. The same report notes that each of the officers has pleaded not guilty, and requested a jury trial.
Baltimore City Circuit Judge Barry G. Williams has been assigned to preside over the case. Warren Alperstein, an attorney representing the city's bar association, characterized Williams as having a reputation for favoring neither the prosecution nor the defense, stating:
He is a no-nonsense, fair and practical judge who will no doubt control that courtroom, neither state- nor defense-oriented . . . He will not be persuaded by media. He will not be influenced by public sentiment. He will rule as the law will require him to do. Period. There will be no outside influences.That would be refreshing, considering the high-profile basking in the limelight still ongoing by Baltimore State's Attorney Marilyn Mosby, who today is given a fawning profile in Vogue magazine. The caption to her featured image in the Vogue article (photo taken by no less than Annie Liebowitz) reads "“The unrest had nothing to do with my decision to charge,” says Mosby. “I just followed where the facts led.” These facts would, presumably, be the same facts Mosby continues relentlessly to deny the public.
Latest U.N. Gaza Report Fatally Flawed
on June 23, 2015
7 Comments
First the good news, the so-called Schabas report, the United Nations Human Rights Council inquiry into last year's war between Hamas and Israel, isn't as bad as its predecessor, the infamous, discredited Goldstone report. But it's still pretty bad.
The Schabas report is named for the judge who originally headed it, William Schabas. Schabas stepped down when it was reported that he had done paid work for the Palestinian Authority. Schabas had previously said that he wanted to see Israel's Prime Minister Benjamin Netanyahu tried for war crimes had to step down when it was clear that he was hopelessly compromised. After he resigned the commission was headed by former New York State justice, Mary McGowan Davis.
For the most part media outlets reported that the conclusion of the report is that both sides "may have committed war crimes."
There are two problems with this. The first is that it is inconclusive. The second and more serious one is that it put Israel and Hamas, which precipitated the conflict by launching rockets into Israel, on the same level.
