Constitutional Law

Mistrial in Rape Trial With R-Word Ban

Updated: Ruling from the bench, a Nebraska judge today declared a mistrial in a controversial acquaintance-rape case in which the accuser was barred from using the word “rape,” among other specific language, when testifying. Defense lawyers said they believe Lancaster County District Judge Jeffre Cheuvront declared the mistrial just before…

Jul 12, 2007 11:26 PM CDT

UK Considers Citizen Travel Restrictions

Concerned about possible terrorism-related visits abroad by immigrants and British citizens, U.K. officials are considering imposing a ban on travel to certain countries by convicted criminals. In the wake of ongoing terrorist incidents, including recent failed attempts by a group comprised largely of immigrant physicians to blow up fuel-laden cars…

Jul 12, 2007 7:32 PM CDT

Executive Privilege Showdown Looms

Congress is clearing the way for an unprecedented court battle with the White House over executive privilege. Following former White House counsel Harriet Miers’ refusal today to obey a subpoena and appear at a House subcommittee hearing on the alleged dismissal of nine U.S. attorneys as part of a political…

Jul 12, 2007 6:50 PM CDT

Politics Ensnares Ex-Political Aide

Former White House political director Sara Taylor has learned some lessons since she received a Senate subpoena on her return home from a European vacation. Even though she resigned, normalcy is still out of reach. E-mail is never really private. The professional liability insurance she purchased doesn’t cover her legal…

Jul 12, 2007 3:22 PM CDT

Ex-Counsel Miers Won’t Testify

Former White House counsel Harriet Miers will refuse to appear before the House Judiciary Committee today. A letter to the committee claims Miers has “absolute immunity” from being forced to testify because the president has asserted executive privilege, the Washington Post reports. The committee was seeking Miers’ testimony about the…

Jul 12, 2007 2:53 PM CDT

Suit: Ladies’ Nights Unconstitutional

A New York City attorney claims nightclubs that charge women less money are violating his constitutional rights. Roy Den Hollander has filed suit seeking a declaratory judgment that the policies are “state action” because the nightclubs are overseen by liquor regulators, the National Law Journal reports. He says a ruling…

Jul 12, 2007 12:55 PM CDT

Lid on Pot Police Upheld

A Santa Barbara, Calif., judge has upheld a local ordinance that discourages enforcement of marijuana possession laws. Enacted by initiative, the ordinance directs police to make marijuana enforcement their lowest priority, the Los Angeles Times reports. Sixty-five percent of the voters approved the proposal, known as Measure P. The law…

Jul 11, 2007 6:23 PM CDT

Animal Fight Promoters Challenge Law

Broadcasters of cockfights and dog fights are challenging a federal law that bars depictions of animal cruelty for commercial gain. In a case pending before a federal appeals court in Philadelphia, Robert Stevens claims the law is so vague it could be applied to hunting and fishing broadcasts. The full…

Jul 11, 2007 5:05 PM CDT

Rev. Billy Preaches Free Speech

A faux preacher who uses a megaphone to rail against consumerism outside Manhattan businesses is running into trouble with the law. The man who calls himself the Rev. Billy shouts that Mickey Mouse is the Antichrist and warns that Wal-Mart is part of a consumer axis of evil, the Los…

Jul 10, 2007 7:24 PM CDT

CA’s Asset Seizure Policy is Changing

In recent years, the California officials have increased the amount of money they spend to locate dormant assets that the government can seize. But they’ve decreased the amount of money they spend to notify owners first—to almost zero. As a result, even when owners could be located with relative ease,…

Jul 9, 2007 10:28 PM CDT

Bush Firm in Privilege Dispute

Updated: President Bush is refusing to provide a log of documents being withheld under a claim of executive privilege in the firings of at least eight federal prosecutors. Bush is citing the privilege in refusing to provide testimony by two former aides, former political director Sara Taylor and ex-White House…

Jul 9, 2007 7:24 PM CDT

The Vision Thing Challenges Liberals

The future is bleak for liberals hoping to take back the Supreme Court: They stand little chance of changing the court’s direction in the near- or even medium-term, writes Linda Greenhouse of the New York Times. Even if Democrats win the presidency, any vacancies on the court are likely to…

Jul 9, 2007 4:42 PM CDT

A Long-Time Integration Critic

Justice Clarence Thomas told an interviewer in 1991 that black children don’t necessarily benefit by affirmative action. “We are not beggars or objects of charity,” he said. “We don’t get smarter just because we sit next to white people in class, and we don’t progress just because society is ready…

Jul 9, 2007 4:15 PM CDT

Contingency AG Cases Split Courts

Courts are divided on whether state attorneys general may hire contingency-fee lawyers to press their cases. The Louisiana Supreme Court struck down such an arrangement, while Maryland’s highest court went the other way, Adam Liptak reports in his Sidebar column for the New York Times (sub. req). Critics advance two…

Jul 9, 2007 3:57 PM CDT

Jihadist Jailed for Internet Use in UK

Updated: A self-proclaimed jihadist has been jailed in Britain, along with two accomplices, based solely on his use of the Internet, in the first such terrorism case. A 10-year prison term was imposed today on Younis Tsouli, 23, a Moroccan-born resident of London, for inciting others to commit terrorism, reports…

Jul 5, 2007 9:48 PM CDT