If Bain Capital, Then Why Not Jeremiah Wright?
It is a sad state in the world of politics that probably one of the most important elections in this Nation’s history has descended into a perception of the past. Poll after poll indicates that jobs, the economy, health care, and budget deficits are most on the minds of American voters. Instead, in Congress we are debating campaign finance reform in the non-starter DISCLOSE Act | Read More »
Is Mitt Romney This Year’s John McCain?
There is no shortage of ideas as to why John McCain lost the election in 2008 to Barack Obama. However, one iconic image of McCain remains from that campaign. In the midst of one of the worst financial collapses in American history, McCain suspended his campaign to ride into Washington, DC on his white horse to save the day. Although he was granted a seat | Read More »
Shelby County, Alabama: The Specifics and Voting Rights
The Shelby County case was officially initiated in April 2010, but the real story begins in the 1980s. Then, it what is known as the Dillard case, several blacks challenged the method of at-large elections for county commissioners in Alabama. Shelby County was not an original defendant, but eventually became one. The lower court found that Alabama would often resort to the at-large method to | Read More »
Ground Zero in Voting Rights- Shelby County, AL: The Background
To understand this issue, we need to go back in time because this issue and this case most definitely pertains to the reality of 2012 versus the reality of the early 1960s. Inevitably, like the gay marriage issue, there are charges of “racism” and “bigotry” injected into the argument. Already, groups like the ACLU and NAACP are viewing this case as “potentially setting civil rights | Read More »
Should the Ninth Circuit Be Broken Up?
Perhaps the most maligned court in the federal judiciary (among conservatives) is the San Francisco-based Ninth Circuit Court of Appeals. It is viewed as a bastion of liberalism in an almost anything-goes legal free-for-all. But first, a little about the organization of the Circuit courts that may help explain where the problem begins. The United States is divided up into eleven circuit courts of appeal, | Read More »
Around the Circuits Again: Some Interesting Cases
Its time for another installment of interesting cases from the various Circuit Courts of Appeal that may wind their way before the Supreme Court eventually. Incidentally, they are called “circuits” because federal judges used to literally “ride the circuits” as in stagecoach circuits deciding cases. Just a little historical tidbit for your reading consumption. Starting in the 1st Circuit, that Court has ruled that Boston | Read More »
Can the President Refuse to Enforce or Defend a Law?
Obviously, this title is in reference to two fairly recent acts by Barack Obama: his decision not to defend DOMA in courts, and his decision not to enforce certain aspects of federal immigration law and policy. Both issues are discretely different and require a different analysis. The absolutist view is that which we learned in grade school civics class: the Legislative Branch passes the laws, | Read More »
The Fate of Proposition 8
This is the fourth and final in a series of articles regarding the gay marriage issue that will likely be taken up by the Supreme Court in the new term beginning in October. There have been some rather intense comments along the way. Obviously, beliefs and opinions run high on both sides of this issue. Should Section 3 of DOMA prevail, there is no doubt | Read More »
If DOMA Survives, Then What?
Working on the assumption that Section 3 of DOMA survives before the Supreme Court because the Court will determine it satisfies rational basis scrutiny, what then? Obviously, Section 3- the definition of marriage as being between a man and a woman for federal purposes- is the framework as concerns the federal government that holds together the remainder of the law. As stated in previous entries, | Read More »
The Supreme Court Term in Review
The 2011-2012 US Supreme Court is now history and will forever be known for its ruling in the Obamacare cases. There is no shortage of analysis and punditry regarding this complicated case and there will be for some time. However, the Court decided over 70 cases again this term and some have wide-reaching effects on all Americans. If one thing stands out that distinguishes this | Read More »