Daily Kos group
Posting History for Discussing The Law
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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��
|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 ...
|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 ...
|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 "...
|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],” ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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'
|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 ...
|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 ...
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 ...
|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, ...
|"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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|'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 ...
|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 ...
|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]?
|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 -
|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-...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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-
|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 ...
|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, ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 "
|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 ...
|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 ...
|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 ...
|Social Darwinism: From Spencer To Rand To Ryan
Herbert Spencer President Obama'...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|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 ...
|"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 ...
|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 ...
|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 ...
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 ...
|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 ...
|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 ...
|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 ...
|4th Circuit keeps 'tardy' Rick Perry, Newt Gingrich off Virginia ballot
A panel of the United ...
|Supreme Court recognizes 'ministerial exception' to employment law protections
Back in August 2011,
|Republicans Join Occupy
I'm laughing my a** off. DemfromCt ...
|Supreme Court upholds ban on foreign contributions
Benjamin Bluman, Plaintiff In ...
|How To Run Against Romney
Kevin Drum cites ...
|Five Montana Supreme Court justices vs. Citizens United
Justices of ...
|Court Nixes Sex For Tix Conviction
Let me be clear from the outset: this is not an ...
|Kelo v. Drill, Baby, Drill!
Via Atrios , when Republicans ...
|Republicans' Phony Outrage at DEA Money Laundering
The height of Republican hypocrisy is the phony outrage of Congressman Darryl ...
|The $2.5M blogger verdict: Three truths
Crystal Cox, "Investigative Blogger"
|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 ...
|D.C. Circuit upholds Affordable Care Act
The Hon. Laurence ...
|Predatory Pricing And Herman Cain
Kevin Drum points us ...
|Going Nuclear To Kill A Fly
Senate Dems' strange decision to change an arcane rule (one of ...
|The GOP's "High Tech Lynching" Of Herman Cain
After criticizing Rick Perry ...
|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 ...
|The White House, Like The World, Is A Hostile Environment For Women
This WaPo story on the treatment of women in the ...
|Does Progressive Failure Include Obama?
Matt Yglesias says progressives have failed : I got a great email ...
|Texecutions: Rick Perry's Willful Blindness To Injustice
There have been 234 executions in Texas under Gov. Rick Perry (...
|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 ...
|Ten years later ... our failed elites
The Legislative Belly.
|How's That "Pragmatism" Working Out Politically?
John Cole ...
|Justice Dep't Files Antitrust Suit To Block ATT/T-Mobile Merger
NYTimes DealBook : The Justice Department filed a complaint on Wednesday to ...
|Political Bargaining and The Presidential Bully Pulpit
Ezra Klein writes : The Obama ...
|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 ...
Are you sure you want to remove this diary from this blog?
Set the sticky flag for this diary in the slide rotation:
Set the maximum number of slides to display in the feature: