by Kent Scheidegger · Oct 13, 2020 3:46 pm
What do statutes of limitations and the constitutional ban on “cruel and unusual punishments” have to do with each other? The logical answer is “nothing.” But the law follows strange paths, and the two issues crossed in today’s Supreme Court argument on the statute of limitations for rape in the military justice system. Continue reading . . .
by Michael Rushford · Oct 13, 2020 3:19 pm
In a divided ruling announced Friday, a panel of the Ninth Circuit Court of Appeals held that the President’s use of emergency powers to appropriate military construction funds to build the border wall is illegal. Celine Castronuovo of the Hill reports that ruling also lifted a stay put in place by the district court to allow construction to continue while the government appealed.
by Kent Scheidegger · Oct 13, 2020 9:13 am
The U.S. Supreme Court released an orders list this morning, taking up one set of consolidated civil cases. No criminal cases were taken up. No action was taken on a widely anticipated case regarding the Confrontation Clause and testimony on DNA test results, Chavis v. Delaware, No. 20-317. That case will likely be considered in another conference soon. Continue reading . . .
by Bill Otis · Oct 12, 2020 4:08 pm
Here’s the headline from Politico: “Suspect in Whitmer kidnap plot was pardoned in Delaware last year.”
Now we know, from reading years of pro-leniency sources, that the Politico headline can’t be right. It’s not that we give clemency to dangerous folks. Noooooo! It’s that we’re a punitive, compassion-challenged country that keeps reformed prisoners needlessly locked up for years for no reason other than the sadistic pleasure of it.
by Bill Otis · Oct 12, 2020 2:31 pm
Former Vice President Biden has said that the Republican effort to seat Judge Amy Barrett on the Supreme Court is unconstitutional, and Delaware Senator Chris Coons, a member of the Senate Judiciary Committee, said that it constitutes court-packing. Both statements are so palpably false that it’s very unlikely Biden or Coons believes them. So what’s going on?
by Michael Rushford · Oct 12, 2020 11:55 am
In honor of “Indigenous Peoples Day of Rage,” rioters in Portland tore down statues of Theodore Roosevelt and Abraham Lincoln Sunday night. The Associated Press reports that protest organizers targeted the statues on the eve of Columbus Day because of their belief that both Lincoln and Roosevelt were hostile to Native Americans. It is also likely that the two presidents were targeted because no statues of Christopher Columbus were available. The rioters then smashed windows at the Oregon Historical Society, a hotbed of white privilege, then marched on the Portland State University Public Safety Office. No arrests were reported. Not to be outdone, sports fans in Los Angeles celebrated the Lakers capture of the NBA title Sunday night by setting fires, destroying property and attacking police.
by Michael Rushford · Oct 9, 2020 12:52 pm
The U.S. Supreme Court on Monday refused to hear the appeal of one of three convicted murderers who robbed, tortured and murdered a 19-year-old man in 2000. The Associated Press reports that Briley Piper claimed his admission of guilt in the murder was involuntary and that his lawyer was ineffective for allowing it. An earlier South Dakota Supreme Court decision on the same claim noted that Piper had an experienced defense attorney with whom he agreed that, in the face of overwhelming evidence of guilt, admitting responsibility for the crime might convince jurors to give him a life sentence. They didn’t.
by Kent Scheidegger · Oct 8, 2020 10:15 am
A number of people have asked me to turn comments back on for the blog. We have made the necessary tweaks to the software and are now able to accept comments again. Commenters will need to register first, and there is a link on the login page for that. A link to the comment policy is at the bottom of the sidebar. Continue reading . . .
by Kent Scheidegger · Oct 8, 2020 9:04 am
Who want a job where your boss (or council of bosses) throws you under the bus at the first sign of trouble, whether you had anything to do with the trouble or not?
Zusha Elinson reports for the WSJ that cities are having difficulty filling their top cop slots. Continue reading . . .
by Kent Scheidegger · Oct 7, 2020 2:33 pm
The Oakland (California) Police Officers’ Association has a press release noting an alarming increase in shootings and murders and decrying the silence from city officials. Continue reading . . .
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