Judge Temporarily Blocks Contraceptive Mandate in Health Care Law

By: Saturday July 28, 2012 11:00 am

A federal court has temporarily blocked the Obama Administration’s contraceptive mandate for one Colorado air conditioning company, in the first of what promises to be several legal fights over the regulation, ultimately winding up at the Supreme Court.

The ruling comes in a case brought by Hercules Industries, which argued that they should not have to comply with the mandate of providing free contraceptive coverage for their employees because it violates the religious beliefs of the owners.

Late Night: Ladies and Gentlemen of the Jury

By: Saturday July 14, 2012 8:00 pm

“In exactly 10 seconds when the clock over the door in the back of the courtroom strikes 12, the alleged victim in this case will open that door and walk into this courtroom alive and well.”

Innocence Ain’t Good Enough to Get Out of Prison

By: Friday June 15, 2012 11:45 am

Despite the change in the law in 1993 reducing the maximum potential penalties for many minor felonies to less than one year incarceration (i.e., changing the offenses to non-felonies under federal law), the state continued to refer and the feds continued to accept and prosecute cases charging people with felon in possession of a firearm where the prior felony conviction was no longer technically a felony conviction under federal law.

The Illness of Judge Jerry Smith

By: Wednesday April 4, 2012 6:30 pm

Before I retired from law practice, it would never have dawned on me to direct my mother’s language at Judges, who held my clients’ interests in the palm of their hands. We did, however, have a term for the likes of Smith: we said he had a case of black robe fever. It’s a disease that lesser minds get when they realize that they are appointed for life, and they don’t have to answer to anyone for their actions.

Shepard Fairey Pleads Guilty in “Hope” Poster Case

By: Saturday February 25, 2012 5:00 pm

Shepard Fairey pleaded guilty to one count of criminal contempt for manufacturing evidence, destroying documents, and other misconduct in his case involving his “Hope” poster of Barack Obama. Reprehensible that he did behave so badly. It makes him look like a spoiled little rich kid who was trying to cover his ass when he got caught doing something wrong.

FDL Movie Night: Paradise Lost 3: Purgatory

By: Monday February 20, 2012 5:00 pm

We are honored to have Joe Berlinger back with us just days before the Oscars, where Paradise Lost 3: Purgatory his latest film (directed with Bruce Sinofsky) is nominated for Best Documentary. Paradise Lost 3 follows the case of the West Memphis Three and demonstrates the immense power of film to right wrongs and bring about change.

Nutcracker? Sweet!

By: Saturday January 7, 2012 5:00 pm

Barack Obama gives Richard Cordray a recess appointment to head the Consumer Financial Protection Bureau and discoverer of imaginary Constitutional do’s & don’ts John Yoo is all, “Hey! Not cool!“: “Some think me a zealous advocate of executive power, and often I am when it comes to national security issues. But I think President Obama has exceeded his powers by making a recess appointment for Richard Cordray (whom I respect and have no problems with as a nominee) to head the new Consumer Financial Protection Bureau.”

SOPA Getting a Markup in House Judiciary Committee

By: Thursday December 15, 2011 3:50 pm

The markup in the House Judiciary Committee of the Stop Online Piracy Act, or SOPA, has begun. Observers expect at least two days of markups, and the bill wouldn’t see the House floor until sometime thereafter, probably next year. There are over 60 amendments on the bill, and opponents on the committee are dragging out the proceedings. Rep. Zoe Lofgren refused to waive the reading of the bill, so Judiciary staffers needed to spend an hour doing that.

Understand that this bill is getting a hearing, and a markup, because very wealthy interests want it to pass. It so happens that very wealthy interests want it to fail, but that puts it on the agenda as well, because both sides can go to their funders and raise money off the threat of the bill passing or failing. This becomes a bonanza for K Street lobbyists. There are over 1,000 of them working on SOPA.

The Impending Eviction of Occupy Boston

By: Thursday December 8, 2011 5:59 pm

The world waits to see what will happen at midnight tonight, as Occupy Boston is evicted from Dewey Square in Boston by Mayor Thomas Menino. The moment has been creeping up on the occupiers ever so steadily since a week or two ago. After Occupy LA and Occupy Philadelphia were cleared, it was evident the city would be moving the occupiers out as soon as they could.

After Losing TRO Protection, Occupy Boston Will File an Appeal

By: Thursday December 8, 2011 6:00 am

A Boston judge earlier today denied Occupy Boston’s motion for a preliminary injunction and vacated a temporary restraining order that had effectively been providing protection from a city eviction. The judge ultimately disagreed with whether camping was protected speech and that is why she ruled in favor of the city.

Judge Frances McIntyre concluded in her decision, “While Occupy Boston protesters may be exercising their expressive rights during their protest, they have no privilege under the First Amendment to seize and hold the land on which they sit.” McIntyre decided that citizens occupying Dewey Square in Boston had were trying to permanently hold the land and that was not protected speech under the First Amendment.

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