The case against God brought by Ernie Chambers (previously on MeFi) has been thrown out. (title via News Now Network, although I added a capital H.)
posted by homelystar on Oct 16, 2008 - 22 comments

Heller v. District of Columbia, the U.S. Supreme Court's first actual interpretation of the Second Amendment, has just come down. In a 5-4 decision, the Justices ruled D.C.'s comprehensive handgun ban to be unconstitutional. Antonin Scalia writes for the majority.
posted by Navelgazer on Jun 26, 2008 - 364 comments

On March 25, the Supreme Court held (pdf) that rulings by the International Court of Justice are essentially not binding upon state courts. This paves the way for Texas to execute one Jose Ernesto Medellin for the rape and murder of two teenage girls. [more inside]
posted by valkyryn on Mar 31, 2008 - 59 comments

"Killing others is not loving them.” --meet US Army Captain Peter D. Brown, just granted Conscientious Objector status due to his religious beliefs and honorably discharged after first being denied and taking them to court---only 224 applicants were approved for it during 02-06, out of 2.3 million serving. [more inside]
posted by amberglow on Oct 18, 2007 - 63 comments

Sherri Finkbine --as reported by BBC News, on this day in 1962 (video clip too)--her travails and travels, the law, publicity, and what happened afterwards. (more here from American Prospect in 05: ...A Gallup Poll taken that year showed that the majority of Americans supported Finkbine, and her case was a turning point ...)
posted by amberglow on Aug 26, 2006 - 16 comments

Looks like the battle over Bush's judicial nominations may be back on. In February, Bush nominated Michael B. Wallace to a seat on the Fifth Circuit. Not long after, the ABA Standing Committee on Federal Judiciary, which evaluates the professional qualifications of all nominees for the federal bench, gave Wallace a 'not qualified' rating. With that rating, Wallace joins company with other similarly unqualified judicial nominees such Richard Posner, Frank Easterbrook, and J. Harvie Wilkinson III. [more inside]
posted by monju_bosatsu on Jul 26, 2006 - 70 comments

...a growing campaign to force public schools, state colleges and private workplaces to eliminate policies protecting gays and lesbians from harassment. ...Christian activist Gregory S. Baylor responds to such criticism angrily. He says he supports policies that protect people from discrimination based on race and gender. But he draws a distinction that infuriates gay rights activists when he argues that sexual orientation is different — a lifestyle choice, not an inborn trait. By equating homosexuality with race, Baylor said, tolerance policies put conservative evangelicals in the same category as racists. ... "Think how marginalized racists are," said Baylor, who directs the Christian Legal Society's Center for Law and Religious Freedom. "If we don't address this now, it will only get worse." Should Christians be able to sue for the right to not tolerate or abide by anti-discrimination and anti-harassment policies meant to apply to all? Should they still be able to get school activity funding?
posted by amberglow on Apr 10, 2006 - 95 comments

Yesterday the U.S. Supreme Court held in a 5-3 decision (.pdf) that police may not search a home if any inhabitant of the home is present and objects to the search, even if another inhabitant consents. The Court drew what it acknowledged is a “fine line” – if a co-inhabitant is at the door and objects, the police can’t enter; but if the co-inhabitant is somewhere else – even in a nearby police car – and has no opportunity to object, then police don’t need his or her consent. Chief Justice Roberts issued his first written dissent, blasting the majority’s “random” and “arbitrary” rule and suggesting that the ability of police to respond to domestic violence threats could be compromised. The zingers in the footnotes may reveal “strains behind the surface placidity and collegiality of the young Roberts court.”
posted by brain_drain on Mar 23, 2006 - 88 comments

An Objective Legal Look (and more) on Schiavo-- As a Florida law blogger, I have created this page to help people understand the legal circumstances surrounding the Terri Schiavo saga. In my view, there continues to be a need for an objective look at the matter. There is an unbelievable amount of misinformation being circulated. Links to all court decisions, timelines, questions and answers (some shocking)...you name it. All the info available on this tragic situation.
posted by amberglow on Mar 19, 2005 - 165 comments

Cruel and Unusual - The End Of The Eighth Amendment
It might seem at first that the rules for the treatment of Iraqi prisoners were founded on standards of political legitimacy suited to war or emergencies; based on what Carl Schmitt called the urgency of the ''exception,'' they were meant to remain secret as necessary ''war measures'' and to be exempt from traditional legal ideals and the courts associated with them. But the ominous discretionary powers used to justify this conduct are entirely familiar to those who follow the everyday treatment of prisoners in the United States—not only their treatment by prison guards but their treatment by the courts in sentencing, corrections, and prisoners' rights. The torture memoranda, as unprecedented as they appear in presenting ''legal doctrines . . . that could render specific conduct, otherwise criminal, not unlawful,'' refer to U.S. prison cases in the last 30 years that have turned on the legal meaning of the Eighth Amendment’s language prohibiting ''cruel and unusual punishment.'' What is the history of this phrase? How has it been interpreted? And how has its content been so eviscerated?
posted by y2karl on Nov 8, 2004 - 25 comments

Janklow Gets 100 Days for Manslaughter
A career of willful and flagrant disregard for traffic laws and other people's safety that ended in the death of a motorcyclist.
Must be nice to be pals with the president. Although I'm sure that had nothing to do with his slap-on-the-wrist sentence. I was just saying that it must be nice to be pals with the president.
posted by fenriq on Jan 22, 2004 - 41 comments

Despite American efforts, world criminal court is born With China, Russia, and the United States refusing to go along with this international court, just how effective can it become? And will the refusal of these major nations to join in add the what now appears the disintegration of global attempts at moderating international affairs?
posted by Postroad on Mar 11, 2003 - 7 comments

I believe this is a blow for the First Amendment. Today, the 3rd U.S. Circuit Court of Appeals struck down the Child Online Protection Act. Also, read COPA's report online. In related news, the Supreme Court recently heard oral arguments regarding a law which requires "filters" to be placed on public library computers. Can any of these laws be written to satisfy constitutional requirements? Julie Hilden of Findlaw.con has already contemplated this issue. Will the U.S. follow Canada's lead by enacting similar anti-porn laws? Despite support in the U.S. for such laws, the Indianapolis model pornography law was struck down as unconstitutional nearly ten years ago. It seems even Canada is rejecting the Dworkin/MacKinnon point of view. Is there any middle ground in this showdown of liberty and equality? Which value should prevail? Are these values really at odds with each other?
posted by Bag Man on Mar 7, 2003 - 75 comments

Man Beheads (statue of) Margaret Thatcher. His "sense of 'satirical humour' left him no choice but to carry out the attack" on the £150,000 Maggie as 'artistic expression and [his] right to interact with this broken world.' Jury fails to convict and a retrial is scheduled. Perhaps there is a creative solution to replacing the head?
posted by Shane on Dec 18, 2002 - 17 comments

Billy Jean's not my lover. Should non-fathers pay child support to someone else's children? More states are saying "no."
posted by kablam on Jun 18, 2002 - 29 comments