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...]

MO Governor Forced to Defend Indigent Clients After Budget Cuts

This is one of the coolest things I've ever seen a public official do. The governor of Missouri, Jay Nixon, has several times cut funding for the state's public defender system, so the head of that system has now appointed Nixon to represent a client, as he has the power to do under the law. … [Read more...]

Reluctant Loss for Obama Title XII Gender Theory

The Obama administration has taken the position that discrimination on the basis of sexual orientation is already forbidden by Title XII's prohibition on gender discrimination. That argument has won in some venues, but the 7th Circuit Court of Appeals just very reluctantly rejected it. From that ruling: … [Read more...]

Roy Moore Clone Runs for MS Supreme Court

Christian right attorney Steve Crampton, who used to work for Liberty Counsel, is now running for a spot on the Mississippi Supreme Court and is doing his best impersonation of Christian Reconstructionist Roy Moore from the Alabama Supreme Court. … [Read more...]

Qualified Immunity Overruled in Blatant Establishment Clause Case

Police in this country are given "qualified immunity" from civil suits, which means that in the vast majority of cases they can't be sued in their personal capacity for their actions. But in a Puerto Rico case where they blatantly violated the Establishment Clause, a judge has thrown out that immunity. … [Read more...]

Gingrich Makes Last Ditch Effort to Be Trump’s VP

The night before Donald Trump was set to announce his vice presidential pick, with all the reports indicating it would be Mike Pence, Newt Gingrich made what seemed to be a 13th hour case for himself as he reacted to the horrifying attack in Nice, France by proposing blatantly unconstitutional policies. … [Read more...]

Romero: ACLU Will Fight Trump on Constitution

Anthony Romero, executive director of the ACLU, has an op-ed in the Washington Post pledging that the organization will vigorously defend the Constitution against Donald Trump's appalling policies should he be elected and put them into action. … [Read more...]

Finally, a Federal Judge Says No to Warrantless ‘Stingray’ Searches

It's been known for many years that police departments and the federal government routinely use "stingray" devices to track and record cell phones without a warrant. Finally, one federal judge has ruled out evidence gathered in this clearly unconstitutional manner. … [Read more...]

David Barton Will Never Stop Repeating a Lie

Right Wing Watch again catches David Barton repeating a lie over and over again after it's been proven to be a lie. This time it's his claim that Justice Steven Breyer admitted that the due process guarantees in the Constitution "came out of the Bible." … [Read more...]

Another Illegal Arrest for Flag ‘Desecration’

And we have another illegal arrest for flag desecration, but this time it's of a Confederate flag. And the flag belonged to someone else. It happened in Harahan, Louisiana and the woman who did it was apparently rather impaired at the time. … [Read more...]

Flag Burner Won’t Be Charged

As I knew would happen, the man from Urbana, Illinois who was arrested "for his own safety" by local police will not be charged. The prosecutor knows damn well that it would be a complete waste of time to charge and try to convict him under a law declared unconstitutional almost three decades ago. … [Read more...]