The more we hear from Lee Bright, the far-right Tea Party candidate challenging Sen. Lindsay Graham in the Republican primary, the more absurd and frightening he sounds. In an interview with Alan Colmes, he said that teachers should be allowed to carry machine guns to school:
Category Archive: Constitutional law
Jan 17 2014
A federal judge has overturned the law in Oklahoma that bans same-sex marriage, which was passed as an amendment to the state constitution by popular referendum in 2004. The court did, however, issue an immediate stay on that order pending the state’s inevitable appeal to the 10th Circuit Court of Appeals. This passage sticks out:
Jan 15 2014
I don’t think I ever heard of this case before the 11th Circuit Court of Appeals. The plaintiff filed suit against the government for “the removal of prayer” from schools and other public places as a violation of her religious freedom. The district court dismissed the case and the appeals court has now upheld that …
Jan 14 2014
The Supreme Court last week granted cert in a case that involves the question of whether the government can prevent allegedly false speech in political ads or whether this is a violation of the Free Speech Clause of the First Amendment. Some details about the case:
Jan 07 2014
Marty Lederman has a couple of posts at Jack Balkin’s blog that really help explain the details of the seemingly endless number of lawsuits filed against the contraception mandate in the Affordable Care Act. There are two different kinds of suits, those filed by religious non-profit organizations and those filed by for-profit companies with religious …
Jan 06 2014
Bob Vander Plaats, the self-appointed and undisputed king of the wingnuts in Iowa, went on Steve Deace’s radio show and unsurprisingly said some egregiously stupid things about the recent federal court ruling overturning Utah’s ban on same-sex marriage. To wit:
Jan 03 2014
In the last couple weeks, two separate judges have ruled on the NSA’s cell phone data mining operation. One of them, a Bush appointee, said the program is clearly unconstitutional; the other, a Clinton nominee, said the program is clearly constitutional. Andrew Cohen notes that the two rulings are almost completely opposite one another in …
Jan 03 2014
After already issuing a preliminary injunction, a federal judge has made that injunction permanent and declared Florida’s appalling drug testing program for those receiving public assistance permanent to be unconstitutional. The judge rightly said that drug testing without individualized suspicion is a violation of the 4th Amendment.
Dec 31 2013
Ron Lindsay, CEO of the Center for Inquiry and also an attorney, has a blog post at the CFI website asking “Should Catholic Judges Recuse Themselves from the Contraceptive Mandate Cases?” The answer is no. And frankly, he doesn’t make much of an attempt to argue for a negative answer. He seems mostly concerned with …
Dec 26 2013
As I’m sure you’ve heard, a federal judge struck down Utah’s ban on same-sex marriage as unconstitutional last week and, predictably, the Christian right is freaking out over it. Brian Brown of the National Organization for Marriage phoned in the same old platitudes:
Dec 23 2013
The Review Group on Intelligence and Communications Technologies, created by President Obama in the wake of the Snowden revelations, has released its 300 page report. I haven’t had a chance to read it yet, but Amy Davidson has a summary of its positions and recommendations.
Dec 20 2013
Even Birnick, a visiting legal fellow at the Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies, might want to ask for a refund on his legal education judging by the arguments he makes in an article at the National Review about the Hobby Lobby case.
Dec 20 2013
Justice Ruth Bader Ginsburg reiterated recently that she has no intention of retiring from the court to ensure that her replacement is nominated by President Obama and not a possible Republican successor. ThinkProgress looks at some of what could happen if she were to be replaced by a Republican.
Dec 18 2013
A federal judge has ruled that a lawsuit filed over the NSA’s bulk collection of cell phone metadata violates the Fourth Amendment, but that ruling was stayed immediately to give the government the chance to appeal it to a higher court. But the language in the ruling is very important and spot on.
Dec 05 2013
Bruce Ledewitz, a law professor at Duquesne University, has a column in the Pittsburgh Post-Gazette about the dozens of legal challenges to the contraception mandate in the Affordable Care Act. First he explains that companies don’t actually have to provide contraception as part of their group policies: