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Category Archive: Constitutional law

Jun 19 2014

AL Court Overturns Law SCOTUS Already Struck Down

An Alabama state appeals court has struck down that state’s ban on consensual gay sex, a law that was already overturned by the U.S. Supreme Court in 2003 in Lawrence v Texas. Ala. Code 1975 says that any “deviate sexual intercourse” is illegal and that consent does not matter:

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Jun 15 2014

Dumbest Legal Argument Ever?

Paul Clement is widely considered one of the most brilliant constitutional attorneys in the country. The former Solicitor General under George W. Bush is revered for his legal skill even by those who think he’s wrong most of the time. But he may well have just made the dumbest legal argument I’ve heard offered by …

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Jun 14 2014

WND Columnist Spreads Baseless Paranoia

Michael Brown, a columnist for the Worldnetdaily, asks an ominous question: Will churches be forced to perform same-sex weddings? The answer is simple: No. Not in the United States, certainly. But he thinks people trying in other countries to force that applies here without grasping the rather obvious difference:

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Jun 04 2014

Let the End of Year Supreme Court Flurry Begin

It’s June, which means over the next few weeks we’ll be getting the usual flurry of decisions released by the Supreme Court on cases they heard earlier in the term. Often these are the most contentious and controversial cases and this year is no exception. ThinkProgress highlights a few of the cases in which rulings …

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Jun 03 2014

Focusing on Children a Bad Move For Anti-Equality Lawyers

Jeffrey Toobin has a short profile of Austin Nimocks, an attorney with the Alliance Defending Freedom who has been representing some states defending their bans on same-sex marriage and filing briefs in other cases. Toobin points out that he’s making a rather glaring strategic mistake:

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May 30 2014

Amusing New Brief Filed in Michigan Marriage Case

A new amicus brief has been filed in DeBoer v Snyder, the case that overturned Michigan’s ban on same-sex marriage, now being heard by the 6th Circuit Court of Appeals. It’s on behalf of several organizations, including Eugene DelGaudio’s one-man scam shop and the openly theocratic Institute on the Constitution. Some of the arguments are …

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May 26 2014

House Passes Weak Bill to Restrain NSA

The House of Representatives passed a significantly weaker version of a bill to rein in the NSA’s blatantly unconstitutional data mining programs than was originally considered. The USA Freedom Act does contain some useful safeguards, but nothing remotely like what the 4th Amendment requires:

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May 24 2014

Same Old Response to Judge Jones’ Marriage Ruling

Nine years after Judge Jones issued his ruling in Kitzmiller v Dover, he has now struck down the Pennsylvania law that banned same-sex marriage. The Christian right has reacted with many of the same ignorant criticisms of the new ruling that they did with the old one.

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May 23 2014

Pennsylvania Won’t Appeal Marriage Ruling

Gov. Tom Corbett of Pennsylvania has decided not to appeal the federal court ruling, written by Judge John. E. Jones of Dover trial fame, striking down that state’s ban on same-sex marriage. In his statement, he said he didn’t think the state was likely to win an appeal:

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May 22 2014

Judge Jones Strikes Down PA Marriage Law

Boy, if Judge John E. Jones thought the far right attacked him for his ruling in the Dover trial, this is really going to open the floodgates. He has now struck down Pennsylvania’s ban on same-sex marriage, the latest in a long string of legal defeats for the opponents of equality. His ruling begins:

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May 21 2014

Liberty Counsel’s Bad Arguments in Michigan Marriage Case

Liberty Counsel has filed a brief in the 6th Circuit Court of Appeals in the case that overturned Michigan’s ban on same-sex marriage on behalf of the American Family Association of Michigan and its president, virulent bigot Gary Glenn. I’m sure it will come as a huge surprise to hear that the arguments it contains …

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May 20 2014

GUEST POST: Fisking Bryan Fischer

This is a guest post by attorney Barry Klatzkin about Bryan Fischer’s ignorant bleatings about how the judiciary operates in America. Like most conservatives, he completely misunderstands the constitutional role of judges while pretending to love the Constitution.

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May 20 2014

Ordinance Banning Sex Toys Challenged in Court

Two citizens of Sandy Springs, Georgia are challenging a local ordinance that forbids the sale of sex toys to anyone without a “medical, scientific, educational, legislative, or law enforcement” purpose. But the arguments they’re using don’t go nearly far enough, in my view.

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May 18 2014

TMLC Files Brief in Marriage Case for Black Pastors

The Thomas More Law Center has filed a brief in the 6th Circuit Court of Appeals in the case that struck down Michigan’s ban on same-sex marriage on behalf of the Coalition of Black Pastors, a group of African-American bigots from my home state. Most of it seems to be an expression of their outrage …

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May 17 2014

Kentucky’s Bad Arguments on Marriage Equality

A federal appeals court is hearing an appeal by the state of Kentucky of a ruling that struck down that state’s law banning same-sex marriage. In a brief filed with the court, the state confirms that the only arguments that can be offered for such a ban are really, really bad.

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