Constitutional Law

Legal Assistance Lawyer Calls for ‘Civil Gideon’ in N.H.

In a newspaper editorial today, a legal assistance lawyer calls for New Hampshire to follow recommendations of a state commission and the ABA and provide counsel to litigants who can’t afford attorneys in civil cases that affect fundamental rights. Unable to afford lawyers, individuals can lose their homes and their…

Jun 27, 2008 6:26 PM CDT

Supreme Court Accepts Case Blaming Lawyer for Bad Insanity Plea Advice

The U.S. Supreme Court has agreed to hear a case in which an inmate convicted of murder claims his lawyer improperly advised him to withdraw an insanity plea. The San Francisco-based 9th U.S. Circuit Court of Appeals found the advice violated standards of professional conduct because it was the only…

Jun 27, 2008 4:19 PM CDT

Law Prof: Some Campaign Finance Laws in ‘Grave Danger’

The future of some campaign finance laws may be at risk under a U.S. Supreme Court ruling yesterday striking down the so-called “Millionaire’s Amendment,” according to a law professor who is an expert on the subject. The 5-4 ruling in Davis v. Federal Election Commission struck down a law that…

Jun 27, 2008 12:58 PM CDT

Supreme Court’s Dueling Gun Opinions: ‘Thwap, Thwap, Thwap’

Justices Antonin Scalia and John Paul Stevens took aim at each other in dueling majority and dissenting opinions in yesterday’s 5-4 U.S. Supreme Court ruling finding a right to own handguns in the home. The Washington Post notes gibes on both sides of the ideological divide. Scalia’s majority opinion, which…

Jun 27, 2008 12:30 PM CDT

Kennedy Gets Back in the Swing Voter Role

Justice Anthony M. Kennedy’s swing vote made the difference in several of the U.S. Supreme Court’s blockbuster 5-4 decisions in the last three weeks. Kennedy provided the fifth vote for a majority in yesterday’s decisions overturning a campaign finance law known as the “Millionaire’s Amendment” and striking down a District…

Jun 27, 2008 12:11 PM CDT

Second Amendment Ruling Is Justice Scalia’s Originalism ‘Legacy’

The majority ruling yesterday by Justice Antonin Scalia finding a Second Amendment right to own handguns in the home is “his most important in his 22 years on the court,” according to a New York Times story. Scalia has a no-compromise style that often leads to loss of his colleagues’…

Jun 27, 2008 11:25 AM CDT

Most Gun Laws Legal Under High Court Ruling, But Chicago’s Is an Issue

Most gun restrictions are likely to survive the U.S. Supreme Court ruling yesterday that found an individual right under the Second Amendment to own a handgun for self-defense in the home. Chicago, though, has a more comprehensive ban, the New York Times reports. A lawsuit (PDF filed by the New…

Jun 27, 2008 10:57 AM CDT

Attorney for Sect Teen Refuses to Testify in Texas Grand Jury Hearing

A Texas grand jury apparently investigating alleged sexual abuse of girls by a polygamous religious sect reportedly tried to call an attorney for one 16-year-old, Natalie Malonis, to testify yesterday. But Malonis refused, citing attorney-client privilege, which led to an interruption in the San Angelo grand jury hearing as Judge…

Jun 26, 2008 6:06 PM CDT

Supreme Court Overturns ‘Millionaire Amendment’

The U.S. Supreme Court has struck down a campaign finance law known as the “Millionaire’s Amendment” on a 5-4 vote, SCOTUSblog reports. The law permits candidates to accept larger campaign contributions when self-financed opponents spend more than $350,000 of their own money. It was intended to level the playing field…

Jun 26, 2008 2:22 PM CDT

Supreme Court Rules 5-4 that Second Amendment Protects Right to Own Guns

Updated: The U.S. Supreme Court has ruled 5-4 that the Second Amendment protects an individual right to own a gun, apart from service in a militia, SCOTUSblog reports. As predicted, Justice Antonin Scalia wrote the majority opinion in the case, District of Columbia v. Heller. Scalia writes in the decision…

Jun 26, 2008 2:15 PM CDT

Calif. Justice Disputes Religious Hate Mail, Says God Is Tolerant

California Supreme Court Justice Joyce Kennard takes issue with hate mail she has received criticizing her vote to legalize same-sex marriages in the state. The letter-writers insisted the ruling was contrary to biblical teachings, Kennard told the Recorder (sub. req.). But Kennard doesn’t agree. She believes God is a being…

Jun 26, 2008 1:17 PM CDT

Second Amendment Gun Ruling Expected Today

The U.S. Supreme Court is expected to issue the three final rulings of the term today, including a decision on whether the Second Amendment protects an individual right to own guns. At issue is whether the amendment protects only the right of state militias to bear arms or whether it…

Jun 26, 2008 10:38 AM CDT

Will Court’s 1-1 Ratio in Maritime Case Have Broad Punitives Impact?

When Justice David H. Souter set a 1-1 ratio for punitive to compensatory damages in a majority opinion yesterday, he emphasized he could do so because the court was setting a common law rule in a maritime case rather than a constitutional limit. That isn’t keeping some lawyers from speculating…

Jun 26, 2008 10:25 AM CDT

Lawyer Under Armed Guard as Grand Jury Hears Texas Sect Case

A court-appointed lawyer for a 16-year-old member of a polygamous religious sect was reportedly under armed guard today as she arrived for a Texas grand jury hearing in an ongoing investigation of alleged abuse of teen and pre-teen girls by members of the sect. Attorney Natalie Malonis apparently was representing…

Jun 25, 2008 10:46 PM CDT

If Not Gitmo, NIMBY, Senators Say; Detainee Not Yet Told of Appellate Win

After an appellate court ruling that a military prisoner held for more than six years without trial was improperly classified as an “enemy combatant,” the closure of the military detention facility at Guantanamo Bay—as called for by the presumptive presidential candidates for both major political parties—appears likely. But where should…

Jun 25, 2008 9:59 PM CDT