Constitutional Law

Bill to Ban DOJ Privilege Attack on Corps. Will Pass, Backers Predict

A growing weight of support for federal legislation that seeks to curtail a controversial Justice Department practice of requiring corporations to waive attorney-client privilege has reportedly persuaded backers that it is likely to pass, sooner or later. The bill, which has already been passed by the House of Representatives, is…

Jun 25, 2008 8:04 PM CDT

Prison Food Unconstitutionally Bad? No Way, Courts—and Dinner Guests—Say

Can food served to prisoners be so bad that it’s unconstitutional? That is the question in a series of lawsuits filed in various states over “Nutraloaf,” a blended food intentionally served up to misbehaving inmates as punishment, reports Slate. “Nutraloaf (sometimes called Nutri-loaf, sometimes just ‘the loaf’) is served in…

Jun 25, 2008 6:22 PM CDT

Sex Offender Computer Search Law is Unconstitutional, Judge Says

A federal judge yesterday struck down a major portion of a revised Indiana sex offender registry law, saying that the state went too far in requiring that convicted sex offenders, after they serve their sentences and any parole or probation, agree to have their computers and Internet use monitored. Siding…

Jun 25, 2008 5:40 PM CDT

Supreme Court Holds Convicted Killer Can Bar Victim’s Prior Statements to Cop

In another ruling strengthening the Sixth Amendment right of confrontation, the U.S. Supreme Court has overturned a defendant’s murder conviction because his victim’s prior statements to police were improperly admitted as evidence at trial. The 6-3 ruling found that murder defendants have a right to confront an accuser even if…

Jun 25, 2008 4:22 PM CDT

5-4 Ruling Bars Death Penalty for Child Rape

The U.S. Supreme Court has ruled 5-4 that the death penalty for child rape is unconstitutional in cases that do not result in death, SCOTUSblog reports. Justice Anthony M. Kennedy wrote the majority opinion (PDF posted by SCOTUSblog) for the divided court. “Based both on consensus and our own independent…

Jun 25, 2008 2:16 PM CDT

Fake Cop’s Work Prompts 17 Civil Rights Suits Against Small Mo. Town

Updated: In a small Missouri town, a bizarre case is still unraveling: A fake undercover cop conducted raids and made arrests for weeks, with the help of local police, before being unmasked. Now at least 17 federal civil rights suits have been filed over the debacle, according to the Associated…

Jun 24, 2008 9:09 PM CDT

Judge a Reluctant Ref in Landmark Battle Over White House Subpoenas

Asked by Congressional lawyers yesterday to require the White House to comply with House Judiciary Committee subpoenas of two high-level aides, Federal District Court Judge John Bates was a reluctant referee in the landmark court battle. “Whether I rule for the executive branch or I rule for the legislative branch,…

Jun 24, 2008 8:08 PM CDT

Supreme Court Agrees to Hear Death-Row Inmate’s Case for Third Time

The U.S. Supreme Court has twice ruled against Tennessee death-row inmate Gary Cone. Now the justices will decide whether federal courts may consider his claim that the prosecution withheld exculpatory evidence. Cone had claimed he was suffering from an amphetamine psychosis when he killed a Memphis couple following a two-day…

Jun 24, 2008 1:03 PM CDT

Scalia Likely Author of Gun Opinion, Blog Says

In a post titled “Wild Opinion Speculation,” SCOTUSblog says it appears “exceptionally likely” that Justice Antonin Scalia will write the opinion in the Second Amendment gun case pending before the U.S. Supreme Court. That’s good news for those who support the view that the Second Amendment protects an individual right…

Jun 24, 2008 11:47 AM CDT

Supreme Court Rules Right to Counsel Triggered at Initial Hearing

The U.S. Supreme Court has ruled that a defendant’s right to a lawyer attaches as soon as he is brought before a judicial officer. The majority opinion (PDF posted by SCOTUSblog) by Justice David H. Souter noted the ABA’s position that counsel should be appointed no later than the initial…

Jun 23, 2008 2:52 PM CDT

PR Experts, Lawyers Mapped Tort Reform Strategy in Gibson Dunn Meeting

The U.S. Chamber of Commerce’s public relations strategy to change tort law had its genesis in a meeting held at Gibson Dunn & Crutcher around nine years ago. The strategy includes judicial campaign contributions, advertising seeking to influence voters, and lawmaker lobbying, the New York Times reports. An annual list…

Jun 23, 2008 11:34 AM CDT

Lawsuit Seeks to Bar South Carolina’s ‘I Believe’ License Plates

A legal group is seeking an injunction to bar production of license plates in South Carolina that feature a cross and the phrase “I believe.” Americans United for Separation of Church and State contends the license plates are unconstitutional, the New York Times reports. The group’s executive director, Barry Lynn,…

Jun 20, 2008 3:48 PM CDT

Supreme Court Overturns Calif. Law Restricting Employers’ Anti-Union Speech

The U.S. Supreme Court has struck down a California law that barred employers from using state money to oppose union activities. The 7-2 decision said the state law is pre-empted by a federal labor law that bars states from restricting the rights of employers to speak out about labor organizing,…

Jun 19, 2008 3:48 PM CDT

Supreme Court Rules Against Schizophrenic Who Wanted to Represent Himself

The U.S. Supreme Court has ruled that judges can bar mentally ill inmates from representing themselves at trial, even if they are deemed competent to stand trial. The court ruled 7-2 in the case of Ahmad Edwards, who was not allowed to represent himself on charges that he stole a…

Jun 19, 2008 2:58 PM CDT

Mexico Asks World Court to Halt Five U.S. Executions

Mexico asked the World Court today to issue a stay to halt the executions of five of its citizens in the United States. Mexico contends the five prisoners were not allowed to consult with consular officials in violation of their rights under an international treaty, the Vienna Convention. The United…

Jun 19, 2008 1:53 PM CDT