Constitutional Law

House Passes Hate Crimes Bill

The House of Representatives has passed a bill that would expand the definition of hate crimes to cover wrongdoing motivated by a victim’s “gender, sexual orientation, gender identity” or disability. President Bush has threatened a veto if the measure passes the Senate, calling expansion of the law “unnecessary and constitutionally…

May 4, 2007 1:11 PM CDT

Inmate May Pursue Smoking Claim

A federal appeals court is allowing a prisoner to pursue a claim that he was exposed to excessive tobacco smoke that caused so much discomfort it violated the ban on cruel and unusual punishment. Prisons cannot expose inmates to smoke that endangers their health or becomes excessive, said the opinion…

May 3, 2007 7:49 PM CDT

Bush Threatens Veto of Hate Crimes Bill

President Bush is threatening to veto a bill that expands hate crimes legislation to protect against crimes motivated by gender or sexual orientation.

May 3, 2007 7:21 PM CDT

Radical Claims Right to Make Bomb Speech

A former environmental rights radical is awaiting trial in San Diego for explaining in a speech how to make an incendiary device. Rod Coronado maintains he had a First Amendment right to make the speech, and the anti-terrorism law used to charge him is too vague, according to the New…

May 3, 2007 1:15 PM CDT

Ads Not Enough to Warn of Unclaimed Property

Ads that read “You May Be Owed Money!” and invite readers to check a state-run Web site aren’t enough to protect property owners’ rights to unclaimed assets, a federal appeals court has ruled. The San Francisco-based 9th U.S. Circuit Court of Appeals has ordered a trial judge to issue an…

May 2, 2007 7:34 PM CDT

Prosecutorial Power over DNA Tests Blocked

The Ohio Supreme Court has struck down a law that allowed prosecutors to reject requests for DNA testing by some inmates. The court said prosecutors, who are part of the executive branch, cannot be given the power to exercise judicial authority, according to the Associated Press. The law had barred…

May 2, 2007 7:21 PM CDT

Congressman Liable for Disclosing Taped Call

D.C. Circuit ruling turns on an ethics committee confidentiality rule; congressman could be out more than $500,000.

May 2, 2007 1:35 PM CDT

Intelligence Chief Backs Wiretap Power

The new director of national intelligence says the president has the constitutional authority to order domestic wiretaps without seeking approval from the Foreign Intelligence Surveillance court. Michael McConnell told the Senate Intelligence Committee that it’s “the president’s call” whether to order surveillance without warrants, the New York Times reports. However,…

May 2, 2007 1:23 PM CDT

A Law Day Irony?

A Washington Post column takes President Bush to task, claiming he violates the spirit of Law Day. The Post column by Ruth Marcus notes that Bush signed the annual Law Day proclamation, then goes on to rap him for his expansive view of presidential power. It highlights the irony of…

May 1, 2007 5:22 PM CDT

Stevens Issues Sarcastic Dissent in Chase Case

Justice John Paul Stevens was the lone—and sarcastic—dissenter in yesterday’s Supreme Court decision barring liability for a sheriff’s deputy who rammed a fleeing car, causing an accident that paralyzed the driver. The majority opinion by Justice Antonin Scalia highlighted a videotape of the car chase that showed the dangers created…

May 1, 2007 1:44 PM CDT

Supreme Court to Hear Bush-Texas Standoff

The U.S. Supreme Court has agreed to hear a case that asks whether President Bush may order a state court to abide by an international court ruling. The case involves Jose Ernesto Medellin, who is on Texas death row for the rape and murder of two teenage girls, Reuters reports.…

Apr 30, 2007 8:24 PM CDT

Cert Rejected in Second Gitmo Case

The U.S. Supreme Court has denied review of a case challenging the legality of military commissions, the second Guantanamo case it turned down this month. One of the petitioners was Salim Ahmed Hamdan, accused of acting as a driver and bodyguard for Osama bin Laden, Associated Press reports. He has…

Apr 30, 2007 7:57 PM CDT

High Court Watches Video, Rules for Police

The U.S. Supreme Court has ruled that a police officer is not liable for trying to stop a motorist who leads police on a dangerous car chase, even though the officer reasonably expects his action will cause serious injury. In an 8-1 decision, the court sided today with the officer…

Apr 30, 2007 7:25 PM CDT

Newbie Influence in Kennedy Abortion Opinion

Justice Anthony M. Kennedy’s concern for medical risks to women displayed in oral arguments last year were missing from his majority opinion last week upholding a ban on so-called partial birth abortions, according to an opinion piece in the New York Times. The opinion revives an undue-burden test espoused by…

Apr 27, 2007 3:22 PM CDT

Lawsuit: 7-Year-Old Citizen Locked In With Dad

A 7-year-old California boy was rousted from his bed at home by federal immigration authorities and illegally held with his father for 10 hours in a locked room earlier this year, according to a lawsuit filed today in federal court in San Francisco. Even though Noe Reyes showed agents his…

Apr 27, 2007 12:52 AM CDT