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Arizona Shooting: Federal Judge Larry Burns to Preside in Trial of Jared Loughner
By Andrew Cohen - Politics DailyU.S. District Judge Larry A. Burns, whose home court is in San Diego, has been tapped to preside over the federal murder trial of Jared Lee Loughner, the 22-year-old defendant charged in the deadly shooting rampage in Tucson. Burns' involvement became necessary this past week after each of Arizona's federal trial judges -- 10 active jurists and eight senior members -- recused themselves from presiding over the case because it involves the murder of their former boss, Chief U.S. District Judge John M. Roll, who was killed during the attack on Rep. Gabrielle Giffords last Saturday. Burns is a ...
Prop 8 Debate Covers All Bases as California Awaits Gay-Marriage Ruling
By Andrew Cohen - Politics DailyWhat you thought of Monday's appeals court argument over the fate of same-sex marriage in California likely depends upon what you think of the merits of the issue. If you support Proposition 8, and therefore oppose same-sex marriage, you likely considered the oral argument before the 9th U.S. Circuit Court of Appeals an annoying roadblock on the way to the conservative U.S. Supreme Court. But if you oppose the 2008 state ballot initiative, and therefore support same-sex marriage, you likely considered the hours-long debate between the lawyers and the three-judge panel a fascinating milestone ...
At U.S. Supreme Court, Christmas Comes Early for Wal-Mart
By Andrew Cohen - Politics DailyWith just 18 days shopping days left until Christmas, the U.S. Supreme Court gave the retail giant Wal-Mart a wonderful holiday gift on Monday: the justices agreed to hear the company's appeal of a ruling that had permitted a massive class action employee discrimination lawsuit against it to proceed to trial. And, better yet, it's a gift that almost certainly will keep on giving. Not only did the Supreme Court action delay the case and thus improve Wal-Mart's bargaining position against its litigation opponents, there is every reason to believe that the court's conservative majority, ...
Opinion: D-Day for Arizona's Immigration Law Approaches
By not in system - AOL News(Oct. 29) -- With Election Day fast approaching, the public is closely following key races across the country, but those concerned with our country's national security should pay attention to what's happening the day before in San Francisco. On Monday, the 9th Circuit Court of Appeals will hear arguments for and against Arizona's controversial immigration law, SB 1070, and its ruling will have great implications for this country that extend well beyond the midterms. Since it was passed and signed into law by Gov. Jan Brewer in January, SB 1070 has provoked both outrage and support by ...
Gay Vet: Obama Playing Politics on 'Don't Ask'
By Deborah Hastings - AOL News
(Oct. 21) -- In the course of one day, Lt. Dan Choi, a gay Iraq war veteran, has gone from ecstatic to devastated. On Wednesday, he gleefully announced he'd begun the process of re-enlisting in the Army because the controversial "don't ask, don't tell" policy had been suspended. Today, he was back where he started after the 9th Circuit Court of Appeals in San Francisco granted the Obama administration's request to freeze the suspension. "President Obama is playing politics. There's no reason you should force people to lie to serve their country," Choi said today on C-SPAN's "Washington ...
Government Still Gets to Keep Secrets, Federal Appeals Court Rules
By Andrew Cohen - Politics DailyThe first time I read last Wednesday's big federal appeals court ruling about the controversial "state secrets" doctrine I was disappointed but not surprised. Yes, the 9th Circuit by a 6-5 vote, essentially foreclosed the possibility of a civil trial involving important legal questions -- and findings of fact -- about the Bush administration's "extraordinary rendition" program for terror suspects. But even nine years after the Twin Towers fell, there was little meaningful chance that the federal courts, even the so-called "liberal" 9th Circuit, would narrow (or, depending upon your point of ...
'Don't Ask, Don't Tell' Ruling: A Headache and an Opportunity for Washington
By Andrew Cohen - Politics DailyCongress, the Pentagon and the White House all may intercede in the coming weeks or months to formally end the U.S. military's controversial "Don't ask, don't tell" policy toward gay and lesbian service members. But it won't be without a little pushing from the judiciary as well. A federal trial judge in California guaranteed the tri-branch dynamic Thursday evening when she ruled the beleaguered policy an unconstitutional infringement upon the First and Fifth Amendment rights of soldiers. Nominated to the bench by President Clinton, the same man who endorsed the compromise policy in 1993, ...
Same-Sex Marriages in California Will Wait, at Least Until December
By Andrew Cohen - Politics DailyThe U.S. Court of Appeals for the 9th Circuit blocked on Monday afternoon the resumption of same-sex marriages in California until at least December, at which time the court will hear oral arguments over the legality of Proposition 8, the 2008 ballot initiative that outlawed same-sex marriage in the Golden State. The ruling rejects and reverses the Aug. 18 deadline set last week by U.S. District Judge Vaughn Walker, the trial judge in the case of Perry v. California, who earlier this month ruled Prop 8 unconstitutional under the equal protection and due process clauses of the Constitution. ...
Supreme Court to Hear Sexting Privacy Case
By David Knowles - AOL News(Dec. 14) -- The U.S. Supreme Court said Monday that it would hear a case to clarify the extent of the rights of employers to read text messages sent and received by their employees on employer-issued equipment. Jeff Quon, a police sergeant in Ontario, Calif., is alleged to have used a work pager to send hundreds of personal, sometimes sexually explicit, text messages to his wife, his girlfriend and another officer, The Wall Street Journal reported. The Ontario Police Department had been investigating officers who had exceeded their plan's monthly limit for text messages and learned the ...
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