Tag: Law

In March of 2009, a working mother with two toddlers, Samantha Burton, was 25 weeks pregnant and showing signs of miscarrying. When she told her doctor that it would be impossible for her to comply with his order of complete best rest for as long as 15 weeks and that she would seek a second opinion. When she tried to leave the Tallahassee where she had gone voluntarily, the hospital went to court, obtaining a court oder forcing her to remain in the hospital and submit to anything to preserve the life and health of unborn child.

The Florida ACLU intervened on her behalf to strike down the court order that rendered her powerless to make her own medical decisions. The a three judge panel rules that the order set a dangerous precedent and over turned the order but not before MS. Burton was forced to undergo a C-Section and gave birth to a still born. Ms. Burton and the ACLU decided to pursue the case to protect other women from the abuse of a woman’s right to make medical decisions about her health care.

Yesterday, Florida District Court of Appeal ruled that the rights of a pregnant woman were violated when she was forced to remain hospitalized against her will after disagreeing with a hospital’s recommended treatment.

As Marcy Wheeler said at FDL

So if you’re a pregnant woman, you now have the radical right to choose your own doctor and have a say in your treatmetn, even if a judge thinks he knows better. Radical!!

Kind of crazy, all this rights-upholding going on. It might just lead you to believe we were in the United States or something.

The ACLU has issued a report on national security, Establishing a New Normal. It is an 18 month review that examines Pres. Obama’s record on national security and civil liberties. The report finds that while the President has some steps to curb torture, the CIA secret prisons and the release of the Bush administrations torture memos, according to Anthony D. Romero, Executive Director of the ACLU:

“President Obama began his presidency with a bang, signing executive orders that placed the power of the presidency behind the restoration of the rule of law and gave meaning to the president’s stated view that America must lead with its values. “Unfortunately, since that time, the administration has displayed a decidedly mixed record resulting, on a range of issues, in the very real danger that the Obama administration will institutionalize some of the most troublesome policies of the previous administration – in essence, creating a troubling ‘new normal.’ We strongly urge the president to shift course and renew his commitment to the fundamental values that are the very foundation of our nation’s strength and security.”

While the Press Secretary, Robert Gibbs, was attacking the Left and Liberals for comparing President Obama’s polices to George W. Bush’s, the reality is we and the “professional left” aren’t wrong. This isn’t going to go away just because the Obama loyalists want us to shut up and vote.

This is a 30 minute video from Democracy Now. The last part is an interview with Jameel Jaffer, Deputy Legal Director of the ACLU. Take the time to watch.

Judge Vaughn Walker rules today that the stay he issued on his ruling that Prop 8 banning of gay marriage was unconstitutional, will be permanently lifted on August 18. At that time, all districts will cease to enforce Prop 8 and allow all to register to marry.

Order on Motion to stay (warning pdf file)

The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8. (vrwlc1, COURT STAFF) (Filed on 8/12/2010)

There was also a question of the standing of the proponents to appeal this stay and the ruling since this is a state law and the state of California has decided not to pursue an appeal.

Carolyn Rosenberg of the Miami Herald, reporting from Guantanamo on the trial of Oamar Kadr the “child soldier” captured in Afghanistan Tweets

If you haven’t heard of Omar Kadr, he is a Canadian citizen and the youngest prisoner held in the Guantanamo Bay detention camp by the United States, has been frequently referred to as a child soldier and the only Western citizen remaining in Guantanamo. The Canadian Government has refused to seek extradition or repatriation despite the urgings of Amnesty International, UNICEF, the Canadian Bar Association and other prominent organizations. In 2009, it was revealed that the Canadian government had spent over $1.3 million to ensure Khadr remained in Guantanamo. Canada failed Kadr by refusing to admit that he was a juvenile and his repeated claims that he was abused. n April 2009, the Federal Court of Canada ruled that the Charter of Rights and Freedoms made it obligatory for the government to immediately demand Khadr’s return. After a hearing before the Court of Appeals produced the same result, the government announced they would argue their case before the Supreme Court of Canada. In January 2010, the Supreme Court ruled that Khadr’s constitutional rights had clearly been violated, but it stopped short of ordering the government to seek his return to Canada.

Khadr was the only person charged under the 2006 Military Commissions Act who did not boycott the Guantanamo proceedings. Canadian authorities also determined that Khadr had little knowledge of his father’s alleged activities, since “he was out playing or simply not interested”.

Jeralyn E. Merritt at TalkLeft has been following Omar’s tragic incarceration most extensively since 2006.

Up Date: Adam Serwer at The American Prospect commented on the The Weirdness Of The Charges Against Omar Khadr:

side from the obvious moral issues with trying someone for an alleged crime committed on a battlefield when they weren’t old enough to drive, vote, drink alcohol, or consent to sex in the United States, there’s the additional weirdness of trying the killing as a “war crime.” Human-rights groups say  no one has ever before been tried for a war crime merely for the act of killing the other side’s soldiers in combat, but the government maintains that Khadr is an “unprivileged enemy belligerent,” so the charge is appropriate.

It’s a really weird argument. By trying Khadr in a military commission, they’re essentially making him a soldier, but they’re saying the reason his alleged killing of Speer was a war crime is because he’s not a soldier. If Khadr killed Speer, that’s certainly a crime. But a war crime?

(emphasis mine)

With the careful ruling by Judge Walker yesterday that Proposition 8 violates the 14th Amendment’s due precess and equal protection, the arguments to reverse Judge Walker had already started even before the decision was revealed. The defendants asked that the decision be immediately stayed if it did not go in their favor, which it didn’t. So, Judge Walker issued an immediate stay until this Friday, Aug 6, to give the defendants time to file for a permanent stay while the appeals process continues. Now, it will be up to the 9th Circuit Court to decide the stay and if the full court will hear the appeal.

Last night, Rachel Maddow had as her guests Dahlia Lithwick of Slate and the two lawyers who successfully challenged Prop 8, David Boies and Ted Olson.

First is Rachel with Dahlia. The video with Boies and Olson is below the fold, also links to other opinions and analysis on the ruling.

Visit msnbc.com for breaking news, world news, and news about the economy

Proposition 8 has just been ruled unconstitutional by Federal Circuit Court Judge Vaughn Walker:

“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”

Ruling enjoins enforcement of California’s Proposition 8.

When Barack Obama gave the OK to assassinate an American citizen, Imam Anwar al-Awlaki, who was deemed a terrorist without due process, his father, Nasser al-Awlaki, retained the ACLU and the Center for Constitutional Rights to to seek a federal court order restraining the Obama administration from killing his son without due process of law. But guess what, the Treasury Department has a regulation that prohibits any American from “engaging in transactions” with individuals labeled by the Government as a “Specially Designated Global Terrorist”, including lawyers. The lawyer would have to seek a special “license” to represent such a client.

Up Date: Rep. Dennis Kucinich has announced that he will introduce a bill in the House to prevent anyone, including the President, from targeting American citizens for assassination.

The bill states that “No one, including the President, may instruct a person acting within the scope of employment with the United States Government or an agent acting on behalf of the United States Government to engage in, or conspire to engage in, the extrajudicial killing of a United States citizen.” It adds: “the authority granted to the President in the Authorization for Use of Military Force… following the terrorist attacks of September 11, 2001, is not limitless.”

The bill would require the president to submit to the Intelligence Committees a report “on the identity of each United States citizen that is on the list of the Joint Special Operations Command or the Central Intelligence Agency as `high value individuals’ or `high value targets’.”

h/t to Jeremy Scahill at The Nation for his excellent article

Scientific terms are often corrupted, and the wingnuts often do it.  They conflate hypotheses with theories, and theories with laws.  They also reduce the value of a theory to what they make out as just a guess.

This post is an attempt to separate the words and make the scientific method more sensible to folks who are not trained scientists.  As always, if I not clear, comments and questions are always welcomed.