The Obama Justice Department has
released nine
legal memos from the Bush administration that assert broad extra-Constitutional powers for the president. The memos assert that both the First and Fourth Amendments may be subordinated to the needs of wartime.
[more inside]
posted by EarBucket
on Mar 2, 2009 -
81 comments
The previously-
mentioned Summums want to
place their own monument in a park which contains the Ten Commandments, making the Supreme Court's
heads explode in a a hilariously weird
oral argument[pdf]:
"Scalia: I don't know what that means. You keep saying it, and I don't know what it means. [...] Breyer: Suppose that there certain messages that private people had like "eat vitamins"—and then somebody comes along with a totally different content, "ride the roller coaster," and they say this part of the park is designed to get healthy children, not put children at risk." [more inside]
posted by Non Prosequitur
on Nov 13, 2008 -
116 comments
A very big day for the Supreme Court. In
Morse v. Fredrick, the Court ruled that a school could suspend a child for holding up a "Bong HiTs for Jesus" banner. (Previous post
here). In
Hein v. Freedom from Religion, the Court held that taxpayers lacked standing to challenged Faith Based Initiatives (
previous discussions). In
Wilke v. Robbins, the Court held that land owners do not have Bivens claims if the federal government harasses landowners for easements. In
FEC v. Wisconsin Right to Life, the Court held that the portion of the campaign finance law which had blackout periods before elections on issue advocacy advertising was an unconstitutional restriction of speech (
other). This Thursday, the Justices will deliver their last opinions of the term, including
a death penalty case and the
school assignment cases. (Opinions are .pdfs)
posted by dios
on Jun 25, 2007 -
224 comments
Anti-Porn Law Is Unconstitutional A federal court in
U.S. v. Extreme Associates has struck down the federal anti-obscenity law. In this case, the government argued that "entertaining lewd and lustful thoughts stimulated by viewing material that appeals to one's purient interests . . . . is immoral conduct even when done by consenting adults in private." The court, however, wanted no part of this moralizing, as it declared "upholding the public sense of morality is not even a legitimate state interest."
posted by expriest
on Jan 23, 2005 -
36 comments