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Category Archive: Law

Apr 16 2014

Update on Mount Soledad cross case

Readers may recall the long and tortured saga of the huge cross erected on land near San Diego as part of a veterans’ memorial for which I gave the timeline. In a ruling on December 15, 201e, a US District Court judge reluctantly said that although he disagreed, the Ninth Circuit Court of Appeals had …

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Apr 15 2014

Abusing prosecutorial power

The US Attorney for a region is part of the US Department of Justice and is tasked with prosecuting federal crimes in that region. They have a lot of power and some of them have developed a reputation of using that power in ways that infringe on the rights of people to due process.

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Apr 14 2014

The judge who first decided that separate is never equal

NPR had a wonderful story about someone whom I had never heard of. It was about a US District Judge named J. Waties Waring in South Carolina who, in a landmark school segregation case Briggs v. Elliott, declared that segregation “was an evil that must be eradicated”.

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Apr 14 2014

Same-sex marriage appeal in Utah

Last Wednesday a three judge panel of the US Tenth Circuit Court of Appeals heard oral arguments in the appeal of the US District Judge’s’ ruling that struck down Utah’s ban on same-sex marriage. Although over a dozen federal district courts around the nation have struck down the ban or aspects of it since the …

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Apr 09 2014

Talk on Greece prayer case

I will be speaking today to the Center For Inquiry of Northeast Ohio on the Greece v. Galloway prayer case. The event begins at 7:00 pm in the Mayfield Branch Library on 500 SOM Center Road in Mayfield Village. The event is free and open to the public.

Apr 08 2014

Elane Photographer’s appeal to Supreme Court turned down

You may recall the case of the New Mexico company named Elane Photographers that I wrote about in December that was sued because they refused to provide their services to a same-sex wedding because of religious objections. Their case went all the way up to the New Mexico Supreme Court that ruled against them, saying …

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Apr 05 2014

Colbert on McCutcheon

Stephen Colbert had two segments that explained clearly how the US Supreme Court decision last week in McCutcheon v. FEC has pushed the US further along the road to where just a handful of people will be able to purchase the government. This ruling said that while a contributor was still limited to donating $5,200 …

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Apr 05 2014

Significant victory for same-sex couples in Ohio

US District Court judge Timothy Black of Cincinnati, Ohio said yesterday that he intends to issue a ruling by April 14 that will strike down Ohio’s ban on recognizing same-sex marriages that are legally performed in other states. The reason that he announced his intentions in advance is to allow the state to prepare to …

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Apr 05 2014

How getting money from the government can be injurious

In order to bring suit against someone in court, the plaintiff has to show that they have ‘standing’, which means that they have suffered a fairly direct injury of some sort that the court can redress. In response to my post on the cases bought against Obamacare because of its use of federal subsidies in …

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Apr 04 2014

Another legal challenge to Obamacare

One of the key features of the highly complicated Affordable Care Act is the subsidy that is given to lower income people to enable them to afford to purchase health insurance. These subsidies are provided through both the state exchanges for those states that set them up and through the federal exchanges in those states …

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