Politics

This week, Emad Abdullah Hassan, a Yemeni man held at Guantanamo Bay since 2002, renewed his legal effort to fight the policy of tube-feeding detainees on hunger strike in protest against their ongoing detention. Last month, the D.C. Circuit held that the federal courts have jurisdiction over cases where Gitmo detainees challenge the terms of their confinement, though the panel declined to enjoin the practice of forced feeding. (You can read the specific claims in Hassan’s case here.)

Nasogastric feeding, the method used with Gitmo hunger-strikers, is where medical staff deliver liquid nutrition directly to a patient’s stomach via a thin plastic tube inserted through the nose.

Critics call the forced feeding torture. Is it?

double red triangle arrows Continue reading “Who Cares If Gitmo Detainees Starve to Death?”

Back in November 2013, the U.S. Senate passed the so-called “nuclear option,” eliminating the threat of squelching the president’s executive branch and judicial nominations by filibuster. Under the new rules, a nominee only needs 51 votes to break a potential filibuster, instead of the 60 votes previously needed. Democratic senators lubricated nominees’ paths to confirmation. Finally, we were told, a cantankerous Republican minority could no longer block all the well-qualified, uncontroversial nominees that the president had waiting in the queue.

Nevertheless, yesterday the Senate voted to reject President Obama’s nomination of Debo Adegbile to head the Department of Justice’s Civil Rights Division. The 47 – 52 vote failed to reach the 51 votes necessary to achieve cloture and advance the nomination. Seven Democratic senators — Senators Bob Casey of Pennsylvania, Joe Manchin of West Virginia, Mark Pryor of Arkansas, Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana, John Walsh of Montana and Chris Coons of Delaware — opposed the nominee. Adegbile is perhaps best known for his work leading litigation for the NAACP Legal Defense and Education Fund, often known simply as LDF.

No Republicans voted against their party line. Perhaps some of them opposed his nomination on principle; perhaps some reflexively opposed an Obama nominee. The Democrats who voted against Adegbile, however, took a clear and conscious against him. Effectively, Democrats killed Adegbile’s nomination.

Why? Despite his other professional accomplishments, Adegbile’s problems in the Senate can be summed up in a word: Mumia. In six words: convicted and controversial cop-killer Mumia Abu-Jamal . . . .

double red triangle arrows Continue reading “Welcome To The Post-Filibuster Senate: The Bipartisan Rejection Of Debo Adegbile”

* Upskirt photos not illegal in Massachusetts. The spirit of Kennedy lives on! [Mass Live]

* The investigation continues into whether Judge Mike Maggio, who might be the infamous Geauxjudge, suffers from a bad case of the Internet Crazies — but in the meantime, his campaign for the Court of Appeals took a hit. [Arkansas Times]

* Speaking of judicial ethics, Judge Kimberly Brown has been removed from the bench in Indiana. She’s only the third judge ever to be permanently removed from the job. [Indy Star]

* Wachtell Lipton partner Ricky Mason and his wife, Hoboken mayoral candidate Beth Mason, have been charged with several election-law violations. Uh-oh. [PolitickerNJ]

* Which state just ruled that you have a reasonable expectation of privacy in texting… even if you’re texting about a heroin deal? [IT-Lex]

* Dewey love the judge’s name in the Barclays suit over the dead firm’s debts? Yes. Because “Popplewell” is an awesome name. [The Lawyer]

* The data are in, and the top college grads have passed an all-important math test: they figured out law school is a bad deal. [Associate's Mind]

* Yet another Florida law school dean has stepped down. This is what happens when you take a job in a state full of retired people. [Daily Business Review]

* Obamacare has been credited — and bashed — for a lot, but are we underselling its role in reducing prison populations? [Sentencing Law and Policy]

To paraphrase Saiontz and Kirk, if you have a gun, you have a lawyer.

And not just any lawyer, mind you, but former Virginia Attorney General and 2013 Republican gubernatorial candidate Ken Cuccinelli. Last week, the Washington Post reported that Cuccinelli and three colleagues opened a small firm, named Virginia Self-Defense Law (VSDL). The firm launched with a bang, triggering pot shots heard round the blogosphere. As Joe Patrice explained earlier today, VSDL targets gun-toting Virginia residents with legal retainer plans, starting at $8.33/month, that promise representation for self-defense or law enforcement harassment situations that arise out of the use of firearms.

For those unfamiliar with Virginia politics, Cuccinelli’s controversial political views have given his critics plenty of ammunition. But politics aside, does Cuccinelli’s retainer plan hit the mark as a sustainable or ethical business model? Let’s scope it out….

double red triangle arrows Continue reading “Is A Virginia Small Firm’s $8.33/Month Self-Defense Retainer Plan A Hit Or Miss?”

“Best amicus brief ever” might not be saying much. Parakeets are pretty indifferent to the liners of their cages.

Every now and then, though, we come across amicus briefs that are a little unusual or interesting. Like one with somewhat surprising or high-profile signatories — say, NFL players, or leading Republicans in favor of gay marriage. Or one that takes the form of a cartoon. Or one that’s just bats**t insane.

Today we bring you an amicus brief that will make you laugh out loud — which shouldn’t be surprising, given that it’s being submitted to the U.S. Supreme Court on behalf of a leading humorist….

double red triangle arrows Continue reading “Best Amicus Brief Ever”

Were you concerned that Virginia’s former crusader Attorney General would have nothing to do in his forced retirement from public life? Well, Ken Cuccinelli may no longer have the power to waste taxpayer dollars to intimidate scientists researching global warming or crack down on oral sex, but he’s found a way to stay in our hearts by announcing a new publicity stunt serious law practice in Virginia.

He’s ready to collect your hard-earned dollars in return for providing you peace of mind in case you were scared that someday you’d haul off and assassinate a kid walking home through the “wrong” neighborhood and need to spend a small fortune on attorneys….

double red triangle arrows Continue reading “Ken Cuccinelli Selling ‘Trigger-Happy Insurance’ For The Next George Zimmerman”

I wasn’t surprised at all. I’ve lost so much of my health trying to prove this connection. As a journalist, I felt satisfied. I could finally prove the theories I had put forward. As a man, I felt I had been lied to. I was holding in my hand proof. It was the feeling of a scientist who has proven his theory with evidence.

– Serhi Scherbyna, the editor of The Insider, upon the discovery of documents revealing what he called “irrefutable proof” linking a coal trading enterprise that won billions in government contracts to the company that managed the Ukrainian presidential estate. These documents, discovered in the abandoned residence of the deposed prosecutor general, Viktor Pshonka, included an early draft of a Skadden Arps report marked up by Ukrainian officials pushing for even more sympathetic treatment of the trial against Prime Minister Yulia V. Tymoshenko.

A few days ago, Elie Mystal wrote about recent allegations of racist student conduct at the UCLA School of Law. I invite readers unfamiliar with the background to catch up by reading Elie’s post and, if you’ve the stomach for it, some of the many comments on his post. (It’s okay. I’ll wait.)

UCLA Dean Rachel Moran called for a police investigation. She alerted the student body. She agreed to meet with student leaders. From all I can see, the law school administration has so far handled the events appropriately. The official response balances the risk of dismissing the allegations or their importance with the risk of over-reacting and potentially polarizing the campus further.

I disagree with much of Elie’s criticism of the law school as a whole, as I disagreed with him about the Team Sanders situation at UCLA last fall.

Still, I didn’t originally want to write about UCLA this week. I drafted a post on another topic, in fact. But something about the UCLA situation, Elie’s post, and, perhaps most of all, the responses from many readers gnawed away at me. It hurt my heart. And when the desiccated husk that passes for my world-weary heart hurts, there’s usually something to it . . . .

double red triangle arrows Continue reading “On Racism At UCLA Law And False Dichotomies”

A lawsuit filed earlier this month has raised the ire of several leading lawyers and legal bloggers. Noted First Amendment attorney Marc Randazza — a panelist at our Attorney@Blog conference, by the way — describes the case as “truly disgusting.” Ken White of Popehat, another prominent commentator on the legal profession, calls the suit “despicable” and “thoroughly contemptible,” writing that he “cannot remember a lawsuit that so immediately repulsed and enraged.”

Let’s find out what all the buzz is about. Which law firm filed this controversial complaint, what is the case about, and how bad is it?

double red triangle arrows Continue reading “A Biglaw Firm’s ‘Disgusting’ And ‘Despicable’ Lawsuit?”

A spectator who dutifully waited in line to gain admission to the Supreme Court’s hearing today just popped up out of his seat and started heckling the Court. It’s times like this that you really wish the Court would join the mid-20th century and install a camera or two so we could see how hard Justice Alito’s eyes roll back into his head when the person he’s listening to isn’t even a Supreme Court justice. I’m guessing it looks like when a Great White bites down.

The cops yanked away the protestor soon after he began. But obviously he succeeded in changing the world before they did.

So what issue got this protestor so riled up that he crashed the Supreme Court?

double red triangle arrows Continue reading “Protestor Interrupts SCOTUS Arguments, Cops Teach Him Limits Of Free Speech”

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