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Posting History for Discussing The Law

Title Author Published Comments Recommends Hotlisted Views
The Sandy Hook Lawsuit: Going to Federal Court
Bushmaster Firearms doesn't like to be sued. That's the bottom line. But dismissing it was not the first move for Bushmaster and the Remington Outdoor Company, its colleague in the lawsuit filed on ...
TRPChicago 01/23/2015 37 26 - -
SCOTUS declines to review Drake v. Jerejian, the NJ case that limits gun carry permits
NEWSWIRE Moments ago, SCOTUS denied cert in the Drake case. This means it chose not to accept the case for briefs and argument. (As is typical, the Court gave no explanation.) The Third Circuit's ...
TRPChicago 05/12/2014 55 23 - -
What? Straw Purchase a Gun? Abramski v. US
Bruce James Abramski Jr. Courtesy Franklin (VA) News-Post In the Monty Python Pantheon of Silly, this case takes the prize. It is a lawsuit against a question on a Federal form. When he went to ...
TRPChicago 01/06/2014 69 50 - -
The Voting Rights Act has been gutted
President Johnson signs the Voting Rights Act of 1965. Amendment XV Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any ...
Adam B 06/25/2013 301 208 10 -
Radical extremist Roberts 5 strikes down Voting Rights Act
Chief Justice John Roberts led a judicial coup in the area of voting rights and remedies to racial discrimination. Judges are like umpires. Umpires don't make the rules, they apply them. The role ...
Armando 06/25/2013 272 323 8 10
The NSA revelations: Are the programs legal?
Big Brother Clapper is watching you. Setting aside the issue of, in my opinion, President Obama's broken promise of rejecting the Bush Era "false choice" of security over liberty, I think there ...
Armando 06/10/2013 405 252 17 22
New Jersey judge recognizes bloggers are journalists
Tina Renna (@UCWAtchdog) Many many moons ago, when the land was young (June 2011), I told you about a New Jersey Supreme Court decision which many in the press had misinterpreted as denying the ...
Adam B 04/18/2013 47 74 - 1
Supremes resist efforts to force blood draws from suspected drunk drivers
(The Collection of the Supreme Court of the United States) Today's your lucky day, Tyler McNeely. Do you remember the night of Saturday, October 2, 2010, Tyler? Probably not, because by 2:08 ...
Adam B 04/17/2013 21 17 1 -
A terrible, horrible, no good, very bad day for human rights and terror victims
(Courtesy of Mark Noel) This morning, the Supreme Court ruled unanimously that Nigerian victims of torture, extrajudicial executions, and other crimes against humanity could not sue in the United ...
Adam B 04/17/2013 32 75 1 2
Conservative Supremes thwart fair wages claim, and Kagan lets 'em have it.
Yet again, in a 5-4 decision, the Supreme Court of the United States has closed the courthouse doors to an individual seeking redress against a corporation. A registered nurse had sued the Northeast ...
Adam B 04/16/2013 166 326 5 -
Who Can Put A SCOTUS Justice In A Box?
At TPM, Salil Kapur writes regarding the U.S. v. Windsor DOMA case: Kennedy also wasn’t sympathetic to treating married gay couples differently under federal law, charting out a compromise that ...
Armando 04/02/2013 22 13 - -
Supremes put a leash on drug-sniffing dogs at your home
Those aren't Scooby Snacks! /Previously in The Fourth Amendment and You/: Supreme Court says slapping a GPS onto your Jeep Grand Cherokee is a "search" because it's on your property; also ...
Adam B 03/26/2013 66 76 1 -
Paul Ryan Not Asking For Social Security Cuts, Why Is Obama Insisting On Them?
One of the interesting aspects of the ongoing budget negotiations is that while Paul Ryan's proposal is an attack on the social safety net with a huge tax giveaway for the rich, the one thing it is ...
Armando 03/13/2013 137 46 1 -
SCOTUS arguments show 'there is still work to do' on voting rights
There are few words that cut through the perennial story of American pride in its exceptionality, like "racism." That one, ugly social system, propped up over our sordid history by institutional and ...
ProseAndThorn 03/05/2013 9 8 - -
The Post Mortem On The Post Partisan Unity Schtick
Ryan Lizza writes : [T]the fact that Barack Obama now so appreciates the limits of his office and his lack of Jedi powers is rich with irony. As I’ve written about before, the premise of Obamaism��
Armando 03/05/2013 9 11 - -
Five reasons why Section 5 of the Voting Rights Act is in grave danger
President Johnson signs the Voting Rights Act of 1965 Four years ago, the Supreme Court punted on whether Section 5 ...
Adam B 02/27/2013 111 70 3 5
Supreme Court likes dogs who are good at meth
Don't you dare question Aldo That dog? His name is Aldo, and he's a German shepherd who has been trained to detect methamphetamine, marijuana, cocaine, heroin and ecstasy. You don't want to mess ...
Adam B 02/19/2013 235 70 1 22
Is the president empowered to target persons in the United States?
In a piece in Mother Jones , Adam Serwer argues: [W]hy didn't Obama just say, "no, the president cannot deploy drone strikes against US citizens on American soil"? Because the answer is probably "...
Armando 02/18/2013 67 18 - -
When do campaign contributions become bribes?
The no-longer-Hon. Steven Terry “If you can’t eat [lobbyists’] food, drink their booze, . . . take their money and then vote against them, you’ve got no business being [in politics],” ...
Adam B 02/15/2013 78 58 - -
It Was 40 Years Ago Today: Roe v. Wade
It is all the fashion these days to criticize the opinion in Roe v. Wade (and the companion case, Doe v. Bolton ), which 40 years ago today guaranteed a women's constitutional right to privacy with ...
Armando 01/22/2013 13 19 1 -
Does Oklahoma Have Standing To Challenge ACA Tax Credits?
Chris Christie's decision to block health insurance exchanges in New Jersey brings forward the percolating question regarding an IRS ruling (PDF) that the ACA tax credits will be available on ...
Armando 12/06/2012 7 12 - -
Feet to the Fire
I find myself in the strange position of defending President Obama's current negotiation approach on the austerity bomb while at the same time having to defend my criticism of his negotiating style ...
Armando 12/03/2012 44 43 - -
Supreme Court agrees to hear case in which DailyKos is involved
Under the Commonwealth of Virginia's freedom of information law , only Virginia residents and journalists for certain media entities can request public records from the state: Except as otherwise ...
Adam B 10/08/2012 58 119 4 1242
The Common Good vs. Let Them Eat Cake
Mitt Romney : There are 47 percent of the people who [...] are dependent upon government, who believe that they are victims, who believe the government has a responsibility to care for them, who ...
Armando 09/18/2012 13 31 1 111
Brass: Cheney "Offended" By Obama On Intelligence Briefings
This takes "brass" as they say: “If President Obama were participating in his intelligence briefings on a regular basis then perhaps he would understand why people are so offended at his efforts ...
Armando 09/11/2012 323 556 5 3674
Wingnuts argue conservatism being failed: by the American People
Ayn Rand is being failed by the American People. What would John Galt do? As Mark Kleiman notes , Republicans are waking up to the fact the Romney is losing. So it'
Armando 09/09/2012 452 367 7 2475
Filibuster castrates majority rule, violates Constitution
"It's not a rule of debate. It's a rule of silence, a rule of censorship." - Emmet J. Bondurant, lead attorney in the lawsuit against the United States Senate , calling the filibuster rules ...
ProseAndThorn 08/25/2012 13 11 - 85
President Obama: Romney would enact extremist agenda whether he "believes in those or not"
From an AP interview of the president : "I can't speak to Governor Romney's motivations," Obama said. "What I can say is that he has signed up for positions, extreme positions, that are very ...
Armando 08/25/2012 55 67 - 354
The Mistake
Mitt Romney's choice of Paul Ryan provides many facets of analysis. Does this reflect the final step of extreme right wing domination of the GOP? Would Romney's decisions as President be subject ...
Armando 08/13/2012 275 218 2 2339
Why it matters: Romney can't win without Florida
We can't take a chance of this happening again. (2000 GOP Brooks Brothers riot during presidential recount) Yesterday, ...
Armando 08/07/2012 69 64 1 420
"Can a corporation exercise religion?"
In Hercules Industries v. Department of Health and Human Services , the Colorado corporation Hercules argued that the Affordable Care Act's requirement that employer health insurance plans offer ...
Armando 07/29/2012 87 38 3 322
The Founders vs. The Republican Party
Josh Marshall writes : If you read about how the federal constitution came about, one thing is crystal clear: it was devised by people who wanted to create a strong federal government and saw the ...
Armando 07/23/2012 36 47 - 233
The Media and Bain
Despite concerted attempts by the Media and its "factcheckers" to dismiss the Bain story, Mitt Romney has blown it so badly that it is now the Media issue of the campaign. While Romney is clearly ...
Armando 07/15/2012 475 491 7 2637
What the Court has wrought: the coming Medicaid wars
Chief Justice John Roberts Part 1 of 2 The opinion of the Supreme Court (PDF) regarding the constitutionality of the Affordable Care Act has mostly drawn attention to the individual mandate. Five ...
Armando 07/10/2012 119 97 15 693
A land for you and me - the fight to GIVE our country back
It's our country, and it's their country. It's my country and it's your country. It's a Christian country and a Jewish country and a Muslim country and a Hindu country and a Buddhist country and an ...
ProseAndThorn 07/10/2012 10 5 - 41
Flag, fife and drum - teens on parade
In the fight for our continuing freedom, the battle for our enduring liberty, the teens have been handed the flag, the drum and the fife. There have been three recent events regarding teenagers in ...
ProseAndThorn 07/10/2012 3 3 - 55
'Kagro in the Morning' July 10, 2012 PODCAST
Hey, I can't use just "Daily Kos Radio" anymore, because I'm not the only show in town. Today marked the launch of our second show, featuring Armando and Jesse LaGreca ( MinistryOfTruth ). Thanks to ...
David Waldman 07/10/2012 14 9 - 45
The two chief justices
Justice William H. Rehnquist, second from left, in June 1981 with his clerks from the 1980-81 term. John Roberts is on the right. (Collection of the Supreme Court of the United States) Maybe John ...
Adam B 06/28/2012 108 95 4 824
Undoing The New Deal
Unsurprisingly, Randy Barnett touts Charles Lane's unconcern that the New Deal jurisprudence will be overturned. Lane writes: What, then, led the [liberal] academics to misread this [ACA] case [sic]?
Armando 06/26/2012 53 54 1 300
Daily Kos Radio Podcasts
Daily Kos Radio We now have a few available. Today's show is available here . Also available is our first programs at NN!2 -
Armando 06/25/2012 8 8 2 58
Supreme Court strikes down mandatory life without parole for minor defendants
Be happy this happened. In a landmark decision today, the Supreme Court of the United States has declared it unconstitutional under the Cruel and Unusual Punishments Clause to have mandatory life-...
Adam B 06/25/2012 84 100 2 688
Supreme Court attacks union political power
Back in August 2005, the California SEIU levied a temporary assessment (effectively a dues and fees increase) to the public employees it represented, both members and non-members alike, intending to ...
Adam B 06/21/2012 184 84 4 888
The Supreme Court returns to the crime lab, and leaves a mess
Q: Was there a computer match generated of the male DNA profile found in semen from the vaginal swabs of [L.J.] to a male DNA profile that had been identified as having originated from Sandy ...
Adam B 06/18/2012 125 93 3 1298
Supreme Court silent today on Montana
Following up on Meteor Blades' diary on Thursday , the Supreme Court of the United States did not, in fact, grant a writ of certiorari today ...
Adam B 06/18/2012 27 71 - 701
A Speech About The Constitution And The Supreme Court
FDR's Constitution Day speech, 1937 , some excerpts: In these days when the undemocratic concentration of economic power has brought with it a corresponding concentration of legal ability against ...
Armando 06/17/2012 37 40 2 306
Daily Kos Radio At NN12: Starting at 11AM
Here comes Daily Kos Radio . . . to Netroots Nation Go to this page . Starting at 11:00 a.m Saturday morning. This morning we'll be interviewing Darcy Burner, Senators Sheldon Whitehouse, Ben ...
Armando 06/09/2012 1 5 - 54
The stink of corporate money and the spoiling of our political infrastructure
"[W]e will see whether the [Supreme C]ourt decides to blow the stink of Washington into Montana, or whether we can preserve our fresh mountain air." - Montana governor, Brian Schweitzer (D), in an op-
ProseAndThorn 06/09/2012 8 6 - 39
NFTT @ Netroots Nation - Military Sexual Trauma: The Women's War
On Friday, June 8th, at 3:00PM at Netroots Nation , Netroots for the Troops will be hosting a panel on Military Sexual Trauma: The Women's War. I will be joined by Elizabeth Stinson, LMFT and ...
joanbrooker 06/03/2012 53 30 - 219
David Brooks' Dishonest Invocation of Alexander Hamilton
In his column today, David Brooks invokes Alexander Hamilton in a completely dishonest way. Brooks writes: [T]he federal role has historically been sharply limited. The man who initiated that role, ...
Armando 05/29/2012 43 50 1 349
Protecting a lead – Campaign reform and the SCOTUS hedge
In his article in the current issue of the New Yorker , describing the Supreme Court's machinations in the 2010 Citizens United decision, Jeffrey Toobin informs readers that the attorney for the ...
ProseAndThorn 05/29/2012 4 6 - 73
On The Mandate: The Taxing Power Escape Route for the SCOTUS
At balkinization , Jack Balkin points to his Atlantic article in which he discusses a 1950 taxing power case that seems clinching to me with regard to whether the individual mandate penalty is ...
Armando 05/07/2012 150 22 - 313
Paul Ryan, de facto Republican leader, fights for tax cuts for wealthy, starvation for rest
Paul Ryan and Mitt Romney. Note who holds the podium. (Darren Hauck/Reuters) Rep. Paul Ryan is the Republican Party. Two profiles of Ryan and his place in the party demonstrate that Ryan is the ...
Joan McCarter 04/30/2012 13 26 - 169
Living Originalism: A Conference, Day 2
Yale Law School conference on Living Originalism I'm still participating at a Yale Law School conference on Constitutional Interpretation on Jack Balkin's ...
Armando 04/28/2012 3 10 1 74
Living Originalism: A Conference
Yale Law School conference on Living Originalism I'm participating at a Yale Law School conference on Constitutional Interpretation on Jack Balkin's ...
Armando 04/27/2012 2 9 - 62
Insolvency, tax cuts, military spending and social security
Kevin Drum writes : I'm going to annoy a few of my fellow lefties and say that we should stop getting bent out of shape when people respond to the Trustees report by saying that Social Security is "
Armando 04/24/2012 188 160 4 741
The "Nice" Argument For The Constitutionality of The Mandate
From Columbia Law Professor Henry Monaghan : The individual health mandate surely passes constitutional muster under settled judicial principles. The Constitution’s Commerce Clause grants ...
Armando 04/16/2012 68 18 - 248
WaPo Poll: Most Americans Believe SCOTUS Decision on ACA Will Be Political
So says WaPo poll : More Americans think Supreme Court justices will be acting mainly on their partisan political views than on a neutral reading of the law when they decide the constitutionality ...
Armando 04/11/2012 114 19 - 251
Rush Limbaugh, Ozzie Guillen and the First Amendment
So Ozzie Guillen said some stuff about Fidel Castro . Who cares what Ozzie Guillen says about Fidel Castro, right? I don't. But Ozzie Guillen is the manager of the Miami Marlins. So it's fair to say ...
Armando 04/09/2012 46 17 - 240
Social Darwinism: From Spencer To Rand To Ryan
Herbert Spencer President Obama'...
Armando 04/09/2012 57 41 1 269
When The Court Said Congress Could Regulate "Inactivity"
Most Democrats are familiar with the story of FDR's battles with the Supreme Court regarding the constitutionality of his New Deal legislation. In 1937, the Court reversed course and recognized the ...
Armando 04/04/2012 360 103 4 1010
Supreme Court okays jail strip-search for minor offenses, but not ball-touching
Albert Florence Poor Albert Florence. He was arrested after fleeing from police officers in Essex County, New Jersey, in 1998, pleaded guilty to hindering prosecution and obstructing justice, and ...
Adam B 04/02/2012 175 108 3 1400
Justice Kennedy's 'revolution'
The "revolutionary" Justice Anthony Kennedy The transformation of our federal government by FDR was made possible because the Supreme Court made a dramatic shift in view of how it should review ...
Armando 03/28/2012 61 65 6 730
Supreme Court blocks punt on Jerusalem question
Menachem Binyamin Zivotofsky was born in Jerusalem on Oct. 17, 2002. His parents are American citizens, making Zivotofsky an American citizen as well. His mother requested that Menachem's place of ...
Adam B 03/26/2012 86 24 - 912
Some comments on Armando's "One Perspective"
First off, well done, Armando! Parts might be a little dense for DK's more general audience, but this case presents dense, not simple, questions. I disagree with some of Armando's judgments, but ...
TRPChicago 03/25/2012 15 8 - 155
Stupidity In The Beltway: A Shrug Is Not Dismay
Displaying the usual lack of acumen, the Beltway mistakes activist shrugs regarding Bob Kerrey's announced run for Senator from Nebraska for dismay. Starting with a silly Politico article and ending ...
Armando 03/03/2012 17 15 - 128
Supreme Court to review University of Texas' affirmative action plan
Back in 2003, the Supreme Court ruled in a pair of cases emanating from the University of Michigan ( Gratz , Grutter ) that the Constitution did not prohibit public universities from implementing ...
Adam B 02/23/2012 62 32 - 442
"Inciting Extremist Activity"
As someone who supported American action in Afghanistan, it has become time for me to render a mea culpa - I was wrong. The people in charge of the action are simply not competent. Consider the ...
Armando 02/22/2012 40 29 - 237
New GOP Meme: Obama Administration Did Not Raise Taxes On The Middle Class
It's becoming clear that the old Republican political Wurlitzer is simply not what it used to be. Check out yesterday's story to circulate - the OMB director gaffed because he insisted the Obama ...
Armando 02/16/2012 30 2 1 185
What "Religious Liberty" Used To Mean
Via CaseyOR , John F. Kennedy on September 12, 1960 : I believe in an America where the separation of church and state is absolute, where no Catholic prelate would tell the president (should he be ...
Armando 02/13/2012 12 28 - 259
Disingenuous Dionne
E.J. Dionne writes : Some conservative Catholics still insist that the relief from regulation that Obama offered is not enough. I hope they reconsider, especially since the Catholic service ...
Armando 02/13/2012 43 24 - 172
9th Cir approves discrimination via Roommates.com
Sometimes, I write up an opinion just because it interests the hell out of me. This is one of them. When one signs up for Roommates.com seeking a roommate for your house, the prompts ask you to ...
Adam B 02/02/2012 39 27 1 284
SOPA, PIPA and the Brouhaha, or What's It All About - All Free?
Good luck finding a layman's explanation of what SOPA and PIPA actually do and how they do it. (You may not find it here either, but I'll take a stab at it.) Earlier this week, even the redoubtable ...
TRPChicago 01/24/2012 6 3 - 71
Supreme Court shifts concept of what 'right to privacy' entails
Adam B 01/23/2012 174 143 6 1337
Hedge Funds Have Human Rights Too
The latest in corporations are people too : Hedge ...
Armando 01/19/2012 13 13 - 92
4th Circuit keeps 'tardy' Rick Perry, Newt Gingrich off Virginia ballot
A panel of the United ...
Adam B 01/17/2012 41 24 - 191
Supreme Court recognizes 'ministerial exception' to employment law protections
Back in August 2011,
Adam B 01/11/2012 124 57 - 694
Republicans Join Occupy
I'm laughing my a** off. DemfromCt ...
Armando 01/10/2012 46 64 1 597
Supreme Court upholds ban on foreign contributions
Benjamin Bluman, Plaintiff In ...
Adam B 01/09/2012 104 43 2 348
How To Run Against Romney
Kevin Drum cites ...
Armando 01/05/2012 65 25 - 222
Five Montana Supreme Court justices vs. Citizens United
Justices of ...
Adam B 01/04/2012 65 84 6 705
Court Nixes Sex For Tix Conviction
Let me be clear from the outset: this is not an ...
Adam B 12/22/2011 67 26 - 320
Kelo v. Drill, Baby, Drill!
Via Atrios , when Republicans ...
Armando 12/13/2011 55 9 - 116
Republicans' Phony Outrage at DEA Money Laundering
The height of Republican hypocrisy is the phony outrage of Congressman Darryl ...
TalkLeft 12/10/2011 2 3 - 45
The $2.5M blogger verdict: Three truths
Crystal Cox, "Investigative Blogger"
Adam B 12/09/2011 95 61 1 552
Your Facebook wall is not private
This isn't a major case I'm posting about here -- a 2007 chain-reaction car accident in Chambersburg, PA from which plaintiffs Keith and Jennifer Largent allege serious and permanent physical and ...
Adam B 11/22/2011 196 98 4 1129
D.C. Circuit upholds Affordable Care Act
The Hon. Laurence ...
Adam B 11/08/2011 105 56 1 391
Predatory Pricing And Herman Cain
Kevin Drum points us ...
Armando 10/20/2011 25 5 1 109
Going Nuclear To Kill A Fly
Senate Dems' strange decision to change an arcane rule (one of ...
Armando 10/07/2011 57 10 - 187
The GOP's "High Tech Lynching" Of Herman Cain
After criticizing Rick Perry ...
Armando 10/04/2011 22 23 - 254
The Success Of Occupy Wall Street
Armando 09/30/2011 108 117 2 813
I'm Going to War Again (Legal Advice Requested)
Three years ago, and after 9 months of battling my local Hospital District, I won health care for myself and others in my county. I knew the war wasn't won but that was as far as I could go under ...
Tomtech 09/22/2011 5 12 1 161
The White House, Like The World, Is A Hostile Environment For Women
This WaPo story on the treatment of women in the ...
Armando 09/20/2011 356 54 - 687
Does Progressive Failure Include Obama?
Matt Yglesias says progressives have failed : I got a great email ...
Armando 09/14/2011 97 23 1 298
Texecutions: Rick Perry's Willful Blindness To Injustice
There have been 234 executions in Texas under Gov. Rick Perry (...
TalkLeft 09/13/2011 8 16 - 66
We got the news yesterday
I am a lawyer. I work on post-conviction. That means going back and trying to find DNA on old cases, reworking horrible miscarriages of justice from bad eyewitness ID, that sort of stuff. It also ...
murphy 09/13/2011 77 137 1 819
Ten years later ... our failed elites
The Legislative Belly.
Armando 09/10/2011 75 72 1 534
How's That "Pragmatism" Working Out Politically?
John Cole ...
Armando 09/05/2011 1730 292 3 3496
Justice Dep't Files Antitrust Suit To Block ATT/T-Mobile Merger
NYTimes DealBook : The Justice Department filed a complaint on Wednesday to ...
Armando 08/31/2011 37 23 - 171
Political Bargaining and The Presidential Bully Pulpit
Ezra Klein writes : The Obama ...
Armando 08/30/2011 108 26 - 263
Another Reason Not To Care Who Is Elected President?
There is a strain of defense of President Obama that truly baffles me -- I call it the "Presidents don't matter" defense. Matt Yglesias trots out perhaps ...
Armando 08/21/2011 398 175 - 1962
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