Categories
Constitutional Law

Coming Soon to a Public School Near you: PRAYER!

The Supreme Court handed down a landmark decision in Kennedy v. Bremerton School District on Monday, overruling Lemon v. Kurtzman, a 1971 case laying out how the government must keep its distance from religion. Just another long-standing precedent thrown out by the 6-3 conservative majority that is rolling back, at break neck speed, protections and rights long fought […]

Categories
Constitutional Law

What is (was) the Right To Privacy?

I am not going to write directly about the Dobbs decision. There will be enough legal scholars brighter than me dissecting it over the next few months and years. Instead, I want to talk about what’s next. And that is the likely obliteration of the right to privacy as a concept. The Right to Privacy […]

Categories
Constitutional Law

SCOTUS Erodes 1st Amendment by Allowing Public Money to Go to Religious Schools

The Bill of Rights begins with this first sentence of the First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The first phrase is known as the Establishment Clause and the second as the Free Exercise Clause. For centuries, when these two clauses were in conflict, […]

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Constitutional Law

Breaking News: NY Highest Court Rules an Elephant is NOT a Person

Two weeks ago I wrote an article letting readers know that a California Appeals Court ruled that a “bee” was a “fish” under that State’s environmental law. (https://courtroomstrategy.com/2022/06/ca-ct-a-bee-is-a-fish/). Well, now NY’s highest court, the Court of Appeals, has ruled that an elephant does not have the same right s to habeas corpus relief that a […]

Categories
Litigation

Ca. Ct: A “Bee” is a “Fish”

Today in “Why People Hate Lawyers” I present the case of Almond Alliance of California, et al v. California Game & Fish Commission in which a California Appeals Court ruled that Bees are appropriately categorized as Fish under a California Ecological statute. We’ve all heard that bees are endangered. Four different bumblebee species are particularly […]

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Constitutional Law Criminal Law

SCOTUS Just Made it Easier to Execute the Innocent

It should be clear by now that we are dealing with a SCOTUS bench that does not place great weight on individual rights and especially on the rights of the accused. Today in Shinn v. Martinez, a 6-3 (guess who) SCOTUS decision made it even harder for an incarcerated individual claiming innocence to be heard […]

Categories
Constitutional Law

SCOTUS Likely to Side with Coach in School Prayer case

Listening to the oral argument today in the case involving Coach Joseph Kennedy from Bremerton Wash. I can read the writing on the wall. A door is going to be opened in the solid wall that prohibits prayer in schools. To me, the US Supreme Court’s conservative majority seemed to be searching for a way […]

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Constitutional Law Criminal Law

Attack on Public Defenders as Judges Is not Just Wrong Its Unamerican

Today is GIDEON DAY. I know most people don’t celebrate it but On March 18, 1963, the United States Supreme Court ruled that the 6th Amendment to the Constitution guaranteed that Mr. Gideon and all others facing serious criminal charges have the right to a lawyer, whether or not they can afford to hire one. Clarence […]

Categories
Constitutional Law Criminal Law

Will SCOTUS Hear Case Of Texas Man Who’s Spent 27 Years in Solitary? Probably Not.

When Robert Dennis Wayne Hope was 22 years old, in 1980, he went on a robbery spree. Using a handgun he robbed five stores. No one was injured. He was sentenced to 80 years to life. After a few years in a maximum security Texas prison, he and another inmate slipped through a hole in […]