Categories
Constitutional Law

SCOTUS Opinion on COVID Church Restriction is Brief But Says a lot About the Court.

A few days ago, at midnight, the Supreme Court rejected a church’s challenge to California’s COVID-19 restrictions by a 5–4 vote, with Chief Justice John Roberts joining what is considered the liberal wing of Breyer, Sotomayor, Ginsburg and Kagan. In a pointed concurring opinion, Roberts chided the conservative wing for trying to override public health […]

Categories
Constitutional Law

Trump’s Twitter Executive Order is Legally DOA

After Twitter placed “Get the Facts” labels on President Trump’s false Tweets about massive voter fraud caused by mail-in voting, the POTUS went on a tirade against the social media giant, comparing the fact-checking labels to censorship (which it is not) and accusing the company of stifling conservative voices (though the president provided no examples […]

Categories
Constitutional Law Criminal Law

SCOTUS Overrules Non-Unanimous Jury Verdicts But Were Stare Decisis and Abortion Also on Trial?

Back in August 2019 I wrote about Calvin Duncan, a jailhouse lawyer with only a 10th grade education who got the Supreme Court of the United States to look at the issue of non-unanimous jury verdicts in criminal cases, a procedure permitted in only two states: Louisiana and Oregon. (see https://courtroomstrategy.com/2019/08/power-of-persistence-jailhouse-lawyer-takes-case-to-scotus/ ) Well in October […]

Categories
Constitutional Law

The Case for Impeachment

As a trial lawyer, I think I would like my chances trying this case of impeachment before just about any jury but the GOP Senate who will nullify the House’s articles no matter what. That doesn’t mean the House shouldn’t vote the articles (including contempt of congress). In fact, I believe they must. Will it […]

Categories
Constitutional Law Intellectual Property

Q:Can Facebook Be Legally Forced to Police Political Ads? A: No.

Facebook CEO Mark Zuckerberg testified before Congress last week and was grilled by various members of that body about FB’s policies towards political ads. In one round of such questioning, Congresswoman Alexandra Ocasio Cortez (D-NY) asked him whether a candidate could target ads to African-American voters that contained a false election date. He answered “No” […]

Categories
Constitutional Law

A Quick Guide to the Impeachment Process

I am hearing so much noise – most of it from the right but some of it from the left – about the impeachment process that is simply incorrect that I thought I would give a quick guide to the process and what testimony there has been to date in the current impeachment inquiry. And […]

Categories
Constitutional Law Employment Law

200 Filipino Nurses Win Human Trafficking Lawsuit Against SentosaCare and its Owners

In a case that is a companion case to my Federal civil rights case, Anilao v. Spota, Judge Nina Gershon, a United States District Court Judge for the Eastern District of NY has issued a 48 page decision, ruling that the owners of the Sentosa group of nursing homes violated the US anti-human-trafficking laws by using […]

Categories
Constitutional Law Criminal Law

Power of Persistence: “Jailhouse Lawyer” Takes Case to SCOTUS

Only two States in the country, Louisiana and Oregon, allow for non-unanimous verdicts in criminal cases. One man – Calvin Duncan – has been fighting it in his home State of Louisiana for over 20 years. Duncan does not have a law degree. In fact he only had a 10th grade education when he was […]

Categories
Constitutional Law Criminal Law

With “I Love You Now Die” Erin Lee Carr and HBO Bring Something You Rarely See in True Crime Docs: Good Lawyering!

For those of you unfamiliar with the Michelle Carter case or the HBO documentary “I Love You Now Die” about the case, let me set out HBO’s description of the case for you to catch up [SPOILERS ALERT!!]: “In July 2014, 18-year-old Conrad Roy died by suicide in his car at a parking lot in […]