Law

Dispatches from the Creation Wars

Category archives for Law

Joseph Farah’s Ignorance and Illogic

Few people are as reliably ridiculous as Worldnutdaily publisher Joseph Farah. If there is a hall of fame for asinine writing, Farah is a first ballot inductee. In his latest column he revisits an old issue that his little webrag flogged to death last year, the shocking (to him, that is) possibility that the plaintiffs…

ADF Attorney Dodges and Distorts

Last week, I left a comment at the ADF’s blog in response to a post by Jordan Lorence about judicial activism that was apparently written in response to me (go here, scroll down to my first comment). My comment said: Simple yes or no question: was Loving v Virginia correctly decided or was it “judicial…

John Yoo had an op-ed in the Times yesterday about what he terms Bush’s goal of “reinvigorating the presidency” by asserting the authority to do whatever he thinks should be done regardless of what Congress and the Courts say. In that op-ed he writes: The founders intended that wrongheaded or obsolete legislation and judicial decisions…

The Varieties of Judicial Activism

As a follow up on the posts over the last few days about the emptiness of the phrase “judicial activism”, I would urge those who are interested to read Keenan Kmiec’s article on the subject from 2004. It’s a thorough analysis of all the ways the term is used, and a history of its usage.…

ADF Attorney Responds on Judicial Activism

Jordan Lorence, the ADF attorney who wrote the post on judicial activism that I replied to the other day has responded. He doesn’t link to the response or mention me at all, but I assume it’s my post he’s responding to because my post was titled “ADF’s Double Talk on Judicial Activism” and his reply…

ADF’s Double Talk on Judicial Activism

The Alliance Defense Fund now has a blog called Constitutionally Correct. A couple of recent posts on that blog serve to demonstrate how completely meaningless the phrase “judicial activism” is when it’s used by social conservatives. In this post, they take the New York Times to task over this op-ed, which cites a study by…

Kerr on 9/11 and the Law

Orin Kerr has an interesting post at Volokh about changes in the law after 9/11. While I think he downplays the significance of some of the legal changes in the Patriot Act (while others vastly overplay them), I think he’s right that the key legal question at this point concerns the Bush administration’s claims of…

North Carolina Requires the Pledge

A new North Carolina law requires students to say the pledge of allegiance, something absolutely forbidden by the Supreme Court in West Virginia Board of Education v Barnette. The school can request that students do so, they can have teachers lead the pledge, but they absolutely cannot force a student to say it. One of…

An Odd Staclu Commenter

One of the frequent commenters at STACLU is a guy named Kerwin Brown. While bored, I followed a link to his blog and boy was that fun. He calls himself a “classical liberal” and calls his blog “Expressions of Liberty” while advocating laws against adultery and “fornication”. That last post is just bizarre. First, he…

One of the government’s primary arguments in the various lawsuits against the NSA’s warrantless wiretap program is that no one can prove that they have “standing” to sue. The plaintiffs can’t show that their specific communications were subject to an NSA wiretap without having the NSA reveal who they are surveilling; and since the NSA…