Showing posts with label ruling. Show all posts
Showing posts with label ruling. Show all posts

California Identifies Unconstitutionality Of Teacher Tenure

by Howard Blume, Stephen Ceasar.  Unions squeal like stuck hogs. The ruling Tuesday by a Los Angeles County Superior Court judge that struck down job protections for teachers in California as unconstitutional will undoubtedly spawn a series of appeals that could last years before a final outcome is reached. But some contend that is too long of a ... MORE

Appeals Court Supports 6th Amendment, Jury Nullification

by Joe Wolverton, II.       ALERT: Court upholds Constitution! Like a scene from Perry Mason, Juan Salazar, a man accused of several gun- and drug-related crimes, rejected his attorney’s advice and took the stand, completely confessing his guilt. Whereas in Perry Mason, such a statement would have led to the slender, male jury foreman    ... MORE

Why Every American Needs to Learn This Taboo Verdict

by Kevin Mathews.      Learn about Jury Nullification. Did you know that, no matter the evidence, if a jury feels a law is unjust, it is permitted to “nullify” the law rather than finding someone guilty? Basically, jury nullification is a jury’s way of saying, “By the letter of the law, the defendant is guilty, but we also disagree with that    ... MORE

Federal Court Upholds Warrantless Entry; Gun Confiscation

by Bruce Vielmetti.     Milwaukee police who forced their way into a gun rights advocate's home without a warrant, took her for an emergency mental evaluation and seized her gun were justified under the circumstances and protected from her civil rights claims, a federal appeals court has ruled. Krysta Sutterfield, who twice made news        ... MORE

New Hampshire's High Court Allows 'COPSLIE' Vanity Plate

by Jeremy Blackman.       A rare victory for free speech. The New Hampshire Supreme Court ruled unanimously yesterday that the state violated an activist’s free speech rights by denying him “COPSLIE” vanity plates.Aligning itself with the petitioner, Seacoast area resident David Montenegro, who goes by the name “human,” the court said a   ...  MORE

S.M. Oliva: Michael Jordan Vs. Free Speech

Circuit court ruling gives fame a First Amendment veto.     In 2009, Michael Jordan's entry into the Naismith Memorial Basketball Hall of Fame was marred by a “petty and punitive” speech focused more on settling old scores than celebrating his legendary career. As Yahoo Sports columnist Adrian Wojnarowski wrote at the time: “This wasn't a    ... MORE

Paul Elias: California's Concealed Weapons Rules Tossed

Local government nannies don't trump 2nd Amendment.     A divided federal appeals court on Thursday struck down California concealed-weapons rules, saying they violate the Second Amendment right to bear arms. The 2-1 ruling of a three-judge panel of the 9th U.S. Circuit Court of Appeals said California counties were wrong to    ... MORE

EPA Overrides Congress, Gives Town To Indian Tribes

by Michael Bastasch. Have you heard the story of the residents of Riverton, Wyo.? One day they were Wyomingans, the next they were members of the Wind River tribes — after the Environmental Protection Agency declared the town part of the Wind River Indian Reservation, undoing a 1905 law passed by Congress and angering state      ... MORE

Arizona Sheriff Ordered To Return Seized Marijuana

Cops not allowed to confiscate medicine.   The Arizona Supreme Court is letting stand a lower court's ruling that the Yuma County sheriff must return marijuana seized from a woman with a California medical marijuana authorization honored by Arizona. The justices without comment on Monday declined to review a January ruling by the  ... MORE

VIDEO: Thomas Sowell - Congressional Testimony


Thomas Sowell on affirmative action and judicial activism.

Star Parker: A New Birth Of Education Freedom

Court rules Indiana parents are free to choose.   As the nation has focused on the Supreme Court hearings on the constitutionality of same-sex marriage, news from the state of Indiana could prove far more important regarding the nation’s future. The Indiana Supreme Court has just ruled unanimously, 5-0, that Indiana’s school voucher     ... MORE

Washington Times: Government Land Grab Put To Bed

Feds lose in attempted theft of motel.         The Motel Caswell in Tewksbury, Mass., won’t be found on any world’s best hotel lists, but it has become a five-star example of the need for Congress to enact comprehensive civil asset-forfeiture reform. The motel, a mortgage-free property worth more than $1 million, has been owned and operated ... MORE

Supreme Court Makes Ruling In Favor Of Private Property

Government no longer free to cause flooding.      Supreme Court boosted property rights Tuesday, ruling unanimously government is not automatically exempt from liability when it causes flooding. In an Arkansas case, the justices said there is no automatic exemption from the Constitution's takings clause in the Fifth Amendment --      ... MORE

Juror In Cannabis Nullification Case Speaks Out!

Doing justice, not merely law enforcement.  As reported earlier, a NH jury has found a man not guilty of growing cannabis in the first-ever (that I know of) use of jury nullification in NH! Now one of the jurors, who happens to be a Free State Project participant, Cathleen, is speaking out. Below is her written statement about her experience on the  ... MORE

New Warrantless Wiretap Ruling Makes Spying Legal

by Dan Graziano. A federal appeals court on Tuesday ruled in favor of President George W. Bush’s controversial Terrorist Surveillance Program, which allows the government to spy on Americans without a warrant. The court reversed an earlier decision in which two American attorneys were awarded more than $20,000 in damages and their lawyers        ... MORE

David Hill: Maryland Gun Permit Law Struck

One step closer to finalizing a landmark victory. A federal judge has ordered Maryland officials to stop enforcing a law barring state residents from receiving concealed-carry handgun permits unless they provide a “good and substantial reason” to carry their weapons in public. U.S. District Court Judge Benson Everett Legg on Monday lifted the stay on   ... MORE

Sarah de Crescenzo: Court Rules Cities Can't Ban Pot Shops

State law preempts municipal bans. Orange County cities fighting to keep out medical marijuana dispensaries may have a tougher time doing so after a Monday ruling affirming the legality of the shops under California law. A three-justice panel of the 2nd District Court of Appeal ruled that Los Angeles County's ban on medical marijuana is "preempted" by state  ... MORE

The Economist: Jury Nullification Rights In New Hampshire

The "live free or die" state chooses the former. Before I dive into the subject of this post, let me warn you that it has absolutely nothing to do with John Roberts, the commerce clause, cultivated crops of the Brassica oleracea species or how Americans get their health care. In honour of independence day (which I'm spending indoors revelling in the one  ... MORE

Roberts Hands A Poisoned Chalice To The President

by Christopher Chantrill. What in the world was Chief Justice Roberts trying to do by voting with the liberals on ObamaCare?  Conservative opinion is all over the map, but conservative talk show hosts were clear, as I drove south from liberal Seattle to liberal Ashland, Oregon, on June 28, 2012, that the ball was in the voters' court. Whatever you think of Roberts'  ... MORE