Law
1/11/2012 | Law
In Oklahoma Case, Another Legal Blow To Sharia Law Bans
The Atlantic
The 10th U.S. Circuit Court of Appeals, not generally known for its progressive bent, on Tuesday affirmed a lower court ruling that had prevented Oklahoma's so-called "sharia ban" from taking effect. The 37-page decision by the three-judge panel was unanimous and useful in providing some early context about the nature of these laws and the trouble they are likely to find when they bump up against the First Amendment's religion clauses.
The case is still in a procedural phase; the 10th Circuit merely affirmed that a federal trial judge in Oklahoma had not abused her discretion in November 2010 when she issued a preliminary injunction banning Oklahoma officials from activating into law State Question 755. That's the ballot initiative from the 2010 election, approved overwhelmingly by Oklahoma voters, that purports to forbid Oklahoma's courts from recognizing international law -- especially sharia law.
10/28/2011 | Law, Politics
Tea Party to Mayor: Make ‘Occupy Richmond’ Pay Up
CBS Washington
The Richmond Tea Party is accusing Mayor Dwight Jones of taking a soft stance against the “Occupy Richmond” protesters and is demanding that the group pay up.
After nearly three weeks of protests and overnight stays in Kanawha Plaza, the Richmond Tea Party is about to send Jones a bill for about $8,000 on the basis that “Occupy Richmond” has been using the area illegally and for free.
Richmond Tea Party spokeswoman Colleen Owens told CBS Washington that the protesters have been given special treatment and free reign of the park and have not had to comply with the strict liability and security provisions that the city required of a Tea Party Tax Day in 2009.
5/26/2011 | Governmental Control, Law
Senate considers Patriot Act despite concerns
Associated Press
The tortoise-like Senate is under uncommon pressure to pass a four-year extension of the anti-terrorist Patriot Act before key provisions expire Friday. But the deadline is even tighter, because President Barack Obama is in Europe.
Any extension passed by the Senate must be sent to the House and passed there, then flown overseas to be signed into law.
So the Senate's deadline for passage is more like midweek. And that's no accident.
Senate Majority Leader Harry Reid, D-Nev., who not long ago vowed to have a full week of debate on the Patriot Act extension, has instead backed up the vote against a tighter deadline to limit debate over legislation some say is less necessary now that al-Qaida chief Osama bin Laden is dead.
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Senate Refuses to Confirm Obama's Liberal Appeals Court Nominee
CNS News
The nomination of controversial Berkeley law professor Goodwin Liu to the Ninth Circuit Court of Appeals failed by a vote of 52-43 on Thursday with Democratic Sen. Ben Nelson (Neb.) joining Senate Republicans in blocking the long-stalled nomination.
Fifty-one Democrats were joined by Republican Sen. Lisa Murkowski (R-Alaska) in voting to send the Liu nomination to the Senate floor for an up or down vote. The nomination needed to garner 60 votes to be sent to the floor.
Family Research Council President Tony Perkins said the collapse of Liu’s nomination represented a “huge defeat” for President Obama, and that Senate Republicans had “draw[n] the line” on left-wing judges.
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Chuck Colson, Prison FellowshipTom DeLay, Former House Majority Leader, United States House of RepresentativesWilliam Devlin, National President, Redeem The VoteFrank Gaffney, Founder and President , Center for Security PolicyRick Green, President, Torch of Freedom FoundationColin Hanna, Colin Hanna, President, Let Freedom Ring USADr. Janice Hollis, Bishop, Progressive Believers MinistriesBishop Harry R. Jackson, Senior Pastor, Hope Christian ChurchGary Marx, Executive Director, Judicial Confirmation NetworkJoe Murray, Columnist, The BulletinGrover Norquist, President, Americans for Tax Reform (ATR)4/15/2011 | Law, Radical Islam
Shutting down sharia in U.S.
OneNewsNow
A California-based constitutional attorney has joined a group in urging state legislatures across the U.S. to pass a law to prevent sharia law from transcending the nation's criminal law.
Karen Lugo, an attorney based in southern California, serves as The Federalist Society's expert on sharia law and was recently appointed to the California Advisory Committee's Commission on Civil Rights. She reports that 25 of the 50 U.S. states have taken it upon themselves to stand up for constitutional freedoms through legislation and court cases, as many state legislators are concerned about a recent ruling from a judge in New Jersey.
"A judge ruled that a former husband was not guilty of rape or violating his former wife's rights when he had harassed her through the period of a separation because the man acted according to what he perceived as his sharia right," Lugo explains.
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Bachmann: Obama Exceeding Constitutional Authority in Ordering BP to Surrender Funds--'It's All About Extortion'
CNS News
Rep. Michelle Bachmann (R-Minn.) said Tuesday that President Barack Obama is exceeding his legitimate constitutional authority in telling BP it must set up an independent fund, not controlled by the company, for compensating victims of the Gulf oil spill. She described the administration's policy as an action "that's all about extortion."
"Private companies need to be held accountable but not necessarily to the executive branch," said Bachmann. "It seems to me there’s a misreading of the Constitution and a misunderstanding of jurisdictional limits from this White House on what the extent of executive power is. They don’t seem to understand that and it—now it seems that it’s all about extortion--and that what they want to do is create a pot of money for themselves that they can control and that’s not what the Executive is supposed to do. There is a real misreading of jurisdictional limits, and they continue to stretch those limits beyond all bounds."
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If Confirmed to Supreme Court, Kagan May Have To Recuse Herself in Health Care Cases
CNS News
If confirmed to the Supreme Court, Elena Kagan may have to recuse herself if the health care reform law comes before the high court. This is the case because as solicitor general of the United States in the Obama administration, Kagan may have helped craft a legal defense of the law or given advice to Congress or the White House on how to draft the statute.
Historically, Supreme Court justices recuse themselves from hearing cases in which they have previously been involved. Kagan, who as solicitor general is responsible for defending the federal government in federal court and before the Supreme Court, may have been involved in responding to lawsuits challenging the constitutionality of the health care reform.
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Elena Kagan: Government Can Ban Political Pamphlets
CNS News
Solicitor General Elena Kagan, nominated Monday to the U.S. Supreme Court by President Barack Obama, told that court in September that Congress could constitutionally prohibit corporations from engaging in political speech such as publishing pamphlets that advocate the election or defeat of a candidate for federal office.
Kagan’s argument that the government could prohibit political speech by corporations was rejected by a 5-4 majority of the Supreme Court in the case of Citizens United v. Federal Election Commission. Justice Anthony Kennedy wrote the majority opinion in that case, and in a scathing concurrence Chief Justice John Roberts took direct aim at Kagan’s argument that the government could ban political pamphlets.
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Arizona Immigration Law Identical to Federal Laws Requiring Alien Documentation, Says Attorney
CNS News
One of the men who helped write Arizona’s new immigration law said he’s confident it will withstand legal challenges, because the law specifically addresses issues such as racial profiling, which are likely to be the basis of state or federal lawsuits.
“I’m confident Arizona will prevail,” Kris Kobach said Wednesday in a conference call with reporters. Kobach is a constitutional law professor at the University of Missouri-Kansas City and served as chief adviser to former U.S. Attorney General John Ashcroft on immigration law and border security.
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David Bossie, President, Citizens UnitedDemos Chrissos, Writer/Producer, RapidResponse Media, Inc.Jessica Echard, Executive Director, Eagle ForumJames Edwards, Cofounder, Olive, Edwards, & Cooper, LLCSteve Elliott, President, Grassfire.orgJoseph Farah, CEO, Founder, WorldNetDailyFrank Gaffney, Founder and President , Center for Security PolicyColin Hanna, Colin Hanna, President, Let Freedom Ring USAJoe Murray, Columnist, The Bulletin3/25/2010 | Healthcare, Law
Republican Lawmaker Expects Supreme Court to Decide Constitutionality of Health Care Law’s Individual Mandate
CNS News
Reps. Jack Kingston (R-Ga.) and Michele Bachmann (R-Minn.) told CNSNews.com that the Constitution does not give Congress the authority to require individuals to buy health insurance, as mandated by the new health care bill that was signed into law on Tuesday.
Both representatives appeared with Actor Jon Voight at a Capitol Hill Tea Party rally over the March 20 weekend.
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