The Supreme Court today issued its long awaited ruling in Citizens United v. Federal Election Commission. In a 5-4 decision, the Court’s conservative Justices overturned prior precedent and struck down … Continue reading “Corpocracy: Unlimited Corporate Money in Politics”
Category: Constitutional Law
Healthcare Reform Individual Mandate: Constitutional?
In the context of our national Healthcare Reform debate, an “Individual Mandate” means that every individual will be required to buy health insurance (helped by a subsidy if necessary due … Continue reading “Healthcare Reform Individual Mandate: Constitutional?”
Citizens United v. FEC: Reargued
Yesterday, I previewed the reargument of Citizens United v. Federal Election Commission, and now the arguments are in. The transcript is here. Or listen to the audio.
Unlimited Corporate Money in Politics?
Citizens United v. The Federal Election Commission (a.k.a. “The Hillary Movie Case”) began as a challenge to the distribution of a conservative interest group’s documentary denouncing Hillary Clinton during her presidential … Continue reading “Unlimited Corporate Money in Politics?”
Burka Controversy Coming to America
CNN flags a First Amendment clash. (Image source: wikimedia commons) Can a Muslim woman wear a burka/niqab while testifying in court? Michigan small-claims court judge Paul Paruk said no, ordering Ginnah Muhammed to remove … Continue reading “Burka Controversy Coming to America”
Caperton v. Massey: Preserving Faith in Fairness
To allow, or to forbid, a judge’s judging a case when one litigant has pumped millions of dollars into the judge’s election campaign. How best to preserve Americans’ faith in … Continue reading “Caperton v. Massey: Preserving Faith in Fairness”
Understanding the California Supreme Court’s Prop 8 Ruling
On May 26, the California Supreme Court issued it’s “Proposition 8” (Prop 8) consolidated ruling on cases contesting the constitutionality under the California Constitution of the Prop 8 California ballot referendum. This referendum … Continue reading “Understanding the California Supreme Court’s Prop 8 Ruling”
Ninth Circuit Quashes Bush/Obama ‘State Secrets’ Expansion
Before the Bush administration, the ‘state secrets’ doctrine was used to exclude certain bits of evidence from trials if the judge agreed with the Executive Branch that damage to national security could result. … Continue reading “Ninth Circuit Quashes Bush/Obama ‘State Secrets’ Expansion”
Obama Releases Four Bush-OLC Torture Memos
On April 16, in response to a Freedom of Information Act lawsuit by the American Civil Liberties Union, President Obama ordered the release of four Bush-era Office of Legal Council … Continue reading “Obama Releases Four Bush-OLC Torture Memos”
Iowa Supreme Court Rules On Same-Sex Marriage
CNN is reporting a unanimous decision by the Iowa Supreme Court, holding that a state law prohibiting same-sex marriage violates the equal protection clause of the Iowa Constitution. Iowa joins … Continue reading “Iowa Supreme Court Rules On Same-Sex Marriage”
