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Feb 22

Governor petitions high Court, claims political prosecution

Former Alabama Governor Don Siegelman has spent the last decade of his life on trial, in jail or out on bond. He was convicted of obstruction of justice and “honest services” fraud in 2006. The governor recently petitioned the Supreme Court, arguing the evidence against him was insufficient. Siegelman says his prosecution was politically motivated, and statistical evidence suggests he may be right. 

The Democratic governor’s conviction was based on accusations that he agreed to seat an executive on a state board in exchange for a $500,000 contribution to a lottery campaign that Siegelman supported. After the Supreme Court narrowed the definition of “honest services” fraud to “bribes and kickbacks,” the Eleventh Circuit upheld Siegelman’s conviction and rejected the argument that bribery requires an express quid pro quo. The Eleventh Circuit conceded that the Supreme Court requires an“explicit” agreement but concluded that “explicit” does not mean “express.” (Webster’s defines “explicit” as “fully revealed or expressed without vagueness, implication, or ambiguity.”) Siegelman complained that the court’s broad definition results in “confusion . . . as to where the line lies between politics and crime.” He warned that political speech could be chilled: “[M]oney is the lifeblood of modern politics, and most . . . officials are responsive in at least some degree to those who contribute [to campaigns].” Read more

Feb 22

Citizens United and the Precedent of Doom

Citizens United II is coming, looming like a sequel to Friday the 13th. This time, the part of the Federal Election Commission will be played by the State of Montana. Though the Court has not yet granted certiorari, an order from last week staying the Montana Supreme Court’s decision proves insightful. Look out, Montana! Don’t go into that dark basement alone!

Accompanying the State on its journey through the abandoned cabins of Camp Crystal Lake are Justices Breyer and Ginsburg, still highly suspicious of the majority’s reasoning in Citizens United. In last week’s order, Justice Ginsburg wrote, “Montana’s experience, and experience elsewhere since this Court’s decision in Citizens United . . . make it exceedingly difficult to maintain that independent expenditures by corporations ‘do not give rise to corruption or the appearance of corruption.’” Read more

Oct 11

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Gov. Brown Vetoes Cell Phone Protections

But how long after an arrest can the police search a cell phone? Earlier this year, California grappled with People v. Diaz, 51 Cal.4th 84 (2011) and concluded that even ninety minutes after an arrest, when the phone is safely stored far away from the suspect and the danger of destruction is effectively zero, the police could search the contents of a cell phone without a warrant.

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Oct 11

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Occupy Moves to the Right City

Instead of continuing to get mad without becoming articulate, the movement should get educated and then target the lawmakers who enabled the banks to stuff themselves on the taxpayer’s dime. It’s easy to direct anger to big corporations that pay fat bonuses but the truth is a disciplined approach would go after lawmakers who need to be re-elected. Maybe protestors don’t think that they can scare lawmakers into listening but given the no-holds-barred tactics and successes of the Tea Party, Occupy would be wise to take an aggressive stance with the left.

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Oct 11

Upcoming Guest Post

Later this week, the blog will feature a guest post from Nic Riley, a voting rights attorney in New York City. Nic recently graduated from Yale Law School, where he worked with New Haven youth to develop an advocacy campaign aimed at lowering Connecticut’s voting age.

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Oct 7

Supreme Court to Rule on State Immigration Enforcement

A federal judge recently upheld a state law that requires police to enforce federal immigration law. The judge disagreed with a Ninth Circuit ruling enjoining Arizona’s immigration enforcement law. The Supreme Court will decide this Term how far states can go in requiring state and local police officer to enforce immigration. The Constitution grants Congress authority to regulate immigration, and the Supreme Court has noted that immigration impacts the United States’ relations with other countries. The Ninth Circuit ruled that the state laws are preempted by federal statutes establishing procedures for police participation in immigration enforcement.

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Oct 7

Supreme Court Appointments: The Issue of Prior Judicial Experience

During her confirmation hearings, Justice Kagan received relatively few questions about her lack of judicial experience. This contrasts with the appointment of Justice Sumption to the UK Supreme Court, which twice threatened to create a revolt in the Court of Appeal. Why was the experience of both nominees so different, and why was the American legal class willing to accept a judicial novice where their colleagues in the UK had shown such resistance?

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Oct 7

Immigration, education and Alabama

Alabama’s immigration law and its effect on public school students.

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Oct 6

A Spate of Education Waivers

The Department of Education will grant waivers from the requirements of No Child Left Behind, and the District of Columbia Public Schools has already granted waivers from its new system-wide teacher assessment tool. Both types of waivers have prompted controversy.

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Oct 6

Immigration Court Fails the Most Vulnerable Detainees

Immigrant detainees with disabilities are left to provide their own counsel in court proceedings, leading to unfairly negative outcomes in immigration court.

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