Raid to Find Critical Blogger Ruled Unconstitutional

When a Louisiana sheriff raided the home of someone he thought might be an anonymous blogger who had been criticizing him a few weeks ago, it was quite obvious that the search was unconstitutional despite a judge having signed the warrant. An appeals court has now ruled as such. … [Read more...]

TN Official Refuses to Perform Gay Weddings

A country trustee in Tennessee, who is empowered under state law to perform weddings and solemnize them, initially stopped doing weddings so he didn't have to do any for gay couples, but now he has resumed them again but is still refusing to do them for gay couples. … [Read more...]

Court: You Can’t Search a Car Because of the State It Comes From

In states that border states that have legal marijuana, either recreational or medicinal, the police often focus their attention on cars coming out of those states because it's more likely they're transporting pot. But an appeals court just ruled that you can't do a search merely because of that. … [Read more...]

DOJ Brief: No Pretrial Detention for Inability to Pay Bond

The Obama administration filed a brief in an important case arguing that judges should not be able to order defendants held in jail pending trial merely because they are too poor to afford to pay a bond. The DOJ has been on a nice roll lately. … [Read more...]

Gaffney and Rios Fondly Reminisce About Joseph McCarthy

Professional Islamophobe Frank Gaffney and professional moron Sandy Rios spent some time fondly reminiscing about the good old days of Joseph McCarthy and the House Un-American Activities Committee, wishing they could send their political enemies in front of it today. … [Read more...]

Brian Kilmeade: Still an Idiot

Brian Kilmeade, who still holds the #2 spot on my list of the dumbest people on Fox News (behind Steve Doocy, of course), strengthens his hold on that spot with his attempted defense of Trump's anti-Muslim immigration policies by reference to the Alien and Sedition Acts. … [Read more...]

What Some Conservative Legal Scholars Think About Trump

Given rather unpopular nominees for the two major parties, both sides are arguing that the Supreme Court alone justifies a vote for their candidate. And that's mostly right. The balance of power on the court hangs in the balance. But some conservative legal scholars are speaking out against Trump anyway. … [Read more...]

Trump Clearly Does Not Understand the Bill of Rights

Donald Trump has once again reminded us that he would be a constitutional nightmare as president with his suggestion that he might try American citizens in military tribunals of the type we've tried, and failed, to use at Guantanamo Bay. … [Read more...]

Tom DeLay: Trump is a Liberal

Tom DeLay was on the Chris Matthews show on Monday after Donald Trump's big speech on his tax and economic plans and he declared that Trump is not a conservative. And then he said that Trump's idea for a child care tax credit is unconstitutional. Uh, why? … [Read more...]

AL Judicial Court Refuses to Dismiss Moore’s Ethics Charges

Last week a federal court dismissed Alabama Chief Justice Roy Moore's lawsuit over the ethics charges he's facing, and this week the Alabama Court of the Judiciary rejected his motion to dismiss those charges. That means he'll face a full trial on the charges starting in a few weeks. … [Read more...]

The Intentional Gutting of Trial by Jury

The New York Times has an article about the almost total loss of trial by jury for the overwhelming majority of criminal defendants. Around 95% of all criminal cases now result in plea bargains, a result of prosecutorial leverage and the intentional underfunding of our public defender systems. … [Read more...]

National Review Slams Trump’s Constitutional Views

Josh Blackman, writing in the National Review, looks at the many disturbing statements Donald Trump has made advocating policies that would undermine constitutional law, the separation of powers and, most importantly, the First Amendment. … [Read more...]


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