Delaware May Reform Civil Asset Forfeitures

A couple other states have reined in the outrageously unconstitutional practice of civil asset forfeiture and now Delaware may be looking to partially reform their system. A bill has been submitted with bipartisan support that would do away with what is essentially a slush fund from such forfeitures, but it doesn't really go far enough. … [Read more...]

Judge Jesus Orders School Board to Pay $200K in Legal Fees to FFRF

A federal judge by the perfect name of Jesus Bernal ruled last week that the Chino Valley School District must pay more than $200,000 in legal fees to the Freedom From Religion Foundation after losing a lawsuit over the board's constant Christian proselytization during official meetings. … [Read more...]

Miguel Estrada Debunks Key Conservative Argument Against Garland

One of the key arguments being made by Republicans against the nomination of Merrick Garland is that he is an "enemy of the second amendment." This is based solely on the fact that he voted for an en banc rehearing of a gun control case several years ago, though he never ruled or even heard the case. A prominent conservative attorney debunks that argument: … [Read more...]

Supreme Court Wants More Briefing in Contraception Case

This is an unusual and fascinating development. The Supreme Court issued an order in Zubik v Burwell, the latest ACA contraception case on which they heard oral argument a couple weeks ago, requesting both parties to provide additional briefing on what looks like a possible accommodation. … [Read more...]

DOJ Restarts Unconstitutional Asset Forfeiture Program

A few months ago I cheered when the Obama Department of Justice announced that it was suspending the program whereby it shared the plunder from blatantly unconstitutional civil asset forfeitures with local police department. So much for that. They've now restarted the program: … [Read more...]

Ted Cruz’ Odd Definition of Success

In defending his demand that law enforcement "patrol and secure Muslim neighborhoods," Ted Cruz is pointing to the NYPD's Muslim surveillance program, which was ended in 2014 and the subject of a settled lawsuit between the ACLU and the city. He called the program "very successful" and the "finest there is in the world." … [Read more...]

CO School District Forced to Distribute Atheist, Satanic Books

In a repeat of similar situations in Florida and elsewhere, a Colorado school district has suddenly discovered that the open forum it established to be able to distribute Bibles to children is a bad idea when atheist and satanic groups decide to use that same policy to distribute their own books. … [Read more...]

Will Kennedy Flip Flop in the Zubik Contraception Case?

The Supreme Court on Wednesday heard oral argument in Zubik v Burwell, the lawsuit challenging the secondary accommodation in the Affordable Care Act for religious non-profits brought by the Little Sisters of the Poor and a bunch of other groups. Lyle Denniston describes what happened at the oral argument, particularly regarding Justice Kennedy: … [Read more...]

Cruz Makes ‘Patrol and Secure’ Idea Even Worse

Immediately after the bombings in Brussels the Republican candidates were using it to justify a stronger police state and more unconstitutional intrusions. Ted Cruz demanded that the police "patrol and secure Muslim neighborhoods." He then tried to clarify his remarks and made them even worse. … [Read more...]

Roberts: Ideology Should Not Be Considered in SCOTUS Nominations

Only a week and a half before Justice Scalia died, Chief Justice John Roberts went on the record saying that ideology should play no part in the confirmation process for Supreme Court justice nominees. The Senate, he said, should consider only whether the person is qualified for the position. … [Read more...]

7th Circuit Strikes a Blow Against Asset Forfeiture

The 7th Circuit Court of Appeals has handed down a ruling that says the police can't seize money from someone without presenting actual evidence that the money was gained in or used for a criminal act. Imagine that, having to actually show that someone committed a crime before you take their stuff. … [Read more...]

Dishonest Michigan Lawyer Leading Fight to Reverse Marriage Ruling

The Worldnetdaily has an article with the "big list of strategies" for reversing the Supreme Court's ruling on same-sex marriage in Obergefell. And who shows up in it? David Kallman, an attorney here in Michigan I caught flat-out lying in a debate with my friend Justin Schieber last year. … [Read more...]