Author Archive | Jonathan H. Adler

Does a Military Court-Martial of Fewer than Six Persons Violate Due Process?

The U.S. Supreme Court held, in Ballew v. Georgia, that the constitutional right to a jury trial requires a jury consisting of no fewer than six persons for non-petty offenses.  Does this standard apply in military courts-martial?  Not according to the U.S. Court of Appeals for the D.C. Circuit. This morning, the the D.C. Circuit […]

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Is the Greg Craig Watch Over?

Speculation has swirled over the future of White House Counsel Greg Craig for weeks.  Now, it appears, the speculation is over.  Both the Washington Post and Associated Press report that Craig will announce he is leaving the administration tomorrow.  The new White House Counsel?  Bob Bauer.  More from Marc Ambinder here. UPDATE: It’s official.  One […]

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ACORN Challenges Congressional Defunding

ACORN has filed suit challenging Congress’s decision to defund the organization.  The Center for Constitutional Rights, which is representing ACORN, alleges the defunding decision is an unconstitutional Bill of Attainder.  The Washington Post and New York Times cover the suit.  Related VC posts are here.

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The AMA Open to Medical Marijuana Research

The LA Times reports: The American Medical Assn. on Tuesday urged the federal government to reconsider its classification of marijuana as a dangerous drug with no accepted medical use, a significant shift that puts the prestigious group behind calls for more research. . . . In changing its policy, the group said its goal was […]

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Climate Chavistas?

There are plenty of reasons to oppose the cap-and-trade legislation working its way through Congress, but the claim that  a “nasty bureaucratic provision” will require “President Obama to act like Venezuelan strong man Hugo Chavez” is not one of them. The provision at issue — Section 707 in the bill approved by the Senate Environment […]

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Shouldn’t A TSA Nominee Respect Privacy?

The Obama Administration’s nominee to head the Transportation Security Administration, Erroll Southers, was censured by the FBI for asking law enforcement personnel to conduct a background check on his ex-wife’s boyfriend.  The incident occurred some time ago (1988), and Southers has acknowledged his misconduct and claims he has not done anything similar since. According to […]

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A Win for Michael Vick

Yesterday, the U.S Court of Appeals for the Eighth Circuit affirmed a district court ruling that NFL quarterback and one-time dog abuser Michael Vick is entitled to keep some $16 million in roster bonuses from the Atlanta Falcons.  The opinion is here. (HT: How Appealing)  Now if only Vick’s new team, the Philadelphia Eagles, had […]

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John Yoo’s Appeal

Former OLC attorney John Yoo is appealing a federal district court decision that he may be sued civilly by former detaine Jose Padilla.  How Appealing has posted Yoo’s appellate brief here.  More details here and here. UPDATE: How Appealing has links to news coverage of Yoo’s appeal.

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Against Climate McCarthyism, Part Deux

Michael Shellenberger and Ted Nordhaus continue their pushback against “Climate McCarthyism,” with a particular focus on efforts to equate unorthodox climate views with Holocaust denial, guilt-by-association, and lead Climate McCarthyite Joseph Romm.  Roger Pielke Jr. chimes in here. I posted earlier on Shellenberger and Nordhaus’ first fusillade. UPDATE: Ron Bailey chimes in.

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Against Climate McCarthyism

Michael Shellenberger and Ted Nordhaus have had enough of efforts to stifle debate over climate change policy, particularly by those who solicit quotes to “trash” those who don’t toe the party line.  Roger Pielke, Jr. would add those who selectively edit their comment threads. UPDATE: The primary point of the post is to highlight Shellenberger […]

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Roundtable on Free Enterprise Fund v. PCAOB

The Vanderbilt Law Review‘s “En Banc” online supplement has published a roundtable on Free Enterprise Fund v. PCAOB, an important separation of powers case the Supreme Court will hear later this term.  The case concerns the constitutionality of the Public Company Accounting Oversight Board, an independent entity appointed by the Securities and Exchange Commission.  The […]

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Debating the Constitutionality of an Individual Mandate

The latest installment of the Federalist Society’s “Originally Speaking” debate series features UC Irvine Dean Erwin Chemerinsky and Baker & Hostetler partner David Rivkin sparring over the constitutionality of an individual mandate. We’ve had something of a debate over this subject here on the VC as well.  Our prior posts are collected here.

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