courts
Posted at 11:56am on Jan. 11, 2008 DC Circuit Sides With Cindy Sheehan and Don Rumsfeld [Comments Open]
By Dan McLaughlin
Two war-related decisions today from the DC Circuit; one that rejects First Amendment challenges by Cindy Sheehan to her arrest at a protest but reverses her conviction for failure to prove her state of mind, the other of which rejects a variety of civil claims against Donald Rumsfeld and a variety of other DoD personnel, brought by Guantanamo detainees claiming that they were tortured or otherwise mistreated in violation of the Geneva Conventions.
Posted at 2:52am on Dec. 28, 2007 Court rejects San Francisco insurance mandates; Governor's plan next?
By Neil Stevens
US District Judge Jeffrey White threw out part of a San Francisco law this afternoon, one that required employers to provide or pay for medical insurance for employers. White ruled that the federal Employee Retirement Income Security Act (ERISA) preempts and prohibits the states from imposing such requirements on employers.
Ordinarily I wouldn't care, because San Francisco is such a freaky place, and if a conservative worried about every bad bill passed there, he'd never sleep. But this is important because Governor Schwarzenegger's plan for all of California includes a similar requirement, and thus could also be illegal under ERISA.
Read on...
Posted in Arnold Schwarzenegger | California | courts | ERISA | Law | Medical Insurance | San Francisco — Comments (12)/ Email this page » / Read More »
Posted at 2:37pm on Nov. 29, 2007 Swift Justice and the Immigration System
Never the twain shall meet
By Dan McLaughlin
The speed of the deportation process at work - the name may not ring a bell for some of our younger readers:
CINCINNATI - A lawyer for a former autoworker accused of being a Nazi death camp guard on Thursday challenged the right of the nation's chief immigration judge to order his deportation.
The 6th U.S. Circuit Court of Appeals heard arguments on the accused guard John Demjanjuk's challenge to a final removal, or deportation, order issued in 2005. The federal government has been trying to deport him for three decades.
The three-judge panel didn't say when it would rule, but it's usually several months after arguments before the court issues a decision.
The arguments revolved around whether an immigration judge had the authority to order the removal of Demjanjuk, 87.
Of course, this is why both advocates and opponents of aggressive use of the deportation system are fooling themselves and/or their listeners; whatever the merits of other options for controlling the border (employer enforcement, fencing, etc.), we simply don't and aren't likely to ever have procedures in place to handle large numbers of deportation proceedings with great dispatch.
Posted in courts | Immigration | Immigration | Nazism — Comments (4)/ Email this page » / Read More »
