This morning marked day two of marathon proceedings in what's likely the most momentous and politically-charged Supreme Court case since Bush v. Gore: the effort to strike down President Obama's landmark health care reform law. While yesterday was a sleepy affair of obscure technical debate, today's hearings targeted the heart of the law -- the individual mandate that requires most Americans to purchase insurance by 2014. With lower courts delivering a split decision before today, administration lawyers held some hope that at least one conservative justice could be persuaded to uphold the provision, which amortizes the risk that makes universal coverage possible. But after a day of deeply skeptical questioning by swing justice Anthony Kennedy and his fellow conservatives [transcript - audio], the mandate looks to be in grave trouble, with CNN legal analyst Jeffrey Toobin going as far as calling the day "a train wreck" for the administration. But it's far from a done deal, with a third day of hearings tomorrow and a final decision not expected until June.
posted by Rhaomi on Mar 27, 2012 - 373 comments

Several commentators are advocating the deregulation of the practice of law.
posted by reenum on Aug 26, 2011 - 125 comments

Betty Anne Waters's brother Kenny was sent to prison for first degree murder and armed robbery in 1982. Over the next 16 years, Betty Anne got her GED, college degree, and law degree, all in an effort to prove Kenny was innocent. With the assistance of the Innocence Project, Betty Anne was able to use DNA evidence to show Kenny was innocent. [more inside]
posted by reenum on Mar 24, 2011 - 28 comments

The judge-umpire analogy has a long historical pedigree. [more inside]
posted by shakespeherian on Mar 9, 2010 - 5 comments

The capture of Adolf Eichmann is one of the more daring spy operations in the post WWII era. The story spans 17 years, beginning with Eichmann's clandestine escape from the Allied forces and the Nuremberg trial, and ending with his hanging in Israel. [more inside]
posted by reenum on Nov 4, 2009 - 23 comments

Nearly one million people who seek help for civil legal problems, such as foreclosures and domestic violence, will be turned away this year. A new report by the Legal Services Corporation, a non-profit established by Congress in 1974 to ensure equal access to justice, finds that legal aid programs turn away one person for every client served. The full report, "Documenting the Justice Gap in America" is available here (pdf). The 2009 report is an update and expansion on a 2005 report (available here) finding that 80% of the poor lacked access to legal aid. [more inside]
posted by lunit on Sep 30, 2009 - 8 comments

"Free and Uneasy: The First Year Out." The story of wrongfully convicted Jeffrey Deskovic. And others.
posted by Soup on Nov 30, 2007 - 11 comments

..I would like to convey the message that our system works. We did not need to use a secret military tribunal, or detain the defendant indefinitely as an enemy combatant, or deny him the right to counsel, or invoke any proceedings beyond those guaranteed by or contrary to the United States Constitution. ...We can deal with the threats to our national security without denying the accused fundamental constitutional protections. ...--U.S. Western District Judge John Coughenour, while sentencing "Millennium Bomber", Ahmed Ressam. With 60 Terror Plots foiled in the past 10 years, and pretty much none foiled due to the DHS and Patriot Act, it has to be asked-- Why isn't regular law enforcement and all the rest enough? (a little more inside)
posted by amberglow on Jul 27, 2005 - 38 comments

Terrorists should be tried in front of military tribunals instead in civilian courts in front of juries.
posted by Steven Den Beste on Sep 29, 2001 - 19 comments

Woman charged with statutory rape When laws collide. They were married too late
posted by Outlawyr on Aug 23, 2000 - 10 comments