The Obama administration has gone to court to try to block a subpoena from the Roman Catholic Archdiocese of New York seeking White House documents about the government’s requirement of insurance coverage for birth control.
The subpoena requesting documents from President Barack Obama and his senior advisers would be burdensome to fulfill, the administration said in a lawsuit filed in U.S. District Court for the District of Columbia.
Citing U.S. Supreme Court precedent, the suit also argues that civil subpoenas of the president’s executive office are inappropriate except in extraordinary circumstances.
The lawsuit was filed on Thursday and released on a court website on Friday.
Religious organizations, individuals and corporations have filed scores of suits to block a planned mandate that employers generally include coverage of contraception in health insurance plans they offer workers.
The ruling still allows the search of the defendant’s gear because in the court’s review they determined that reasonable suspicion of sex tourism did exist.
“A person’s digital life ought not be hijacked simply by crossing a border,” she added. “When packing traditional luggage, one is accustomed to deciding what papers to take and what to leave behind. When carrying a laptop, tablet or other device, however, removing files unnecessary to an impending trip is an impractical solution given the volume and often intermingled nature of the files. It is also a time-consuming task that may not even effectively erase the files.”
At the same time, a forensic search of a device can reveal each and every file, even deleted ones.
“Such a thorough and detailed search of the most intimate details of one’s life is a substantial intrusion upon personal privacy and dignity,” McKeown wrote. “We therefore hold that the forensic examination of Cotterman’s computer required a showing of reasonable suspicion, a modest requirement in light of the Fourth Amendment.”
That element of the ruling elicited vehement dissent from three judges.
“Whether it is drugs, bombs, or child pornography, we charge our government with finding and excluding any and all illegal and unwanted articles and people before they cross our international borders,” Judge Consuelo Callahan wrote, joined in full by Judge Richard Clifton and partially by Judge Milan Smith.
“Accomplishing that Herculean task requires that the government be mostly free from the Fourth Amendment’s usual restraints on searches of people and their property,” Callahan added. “Today the majority ignores that reality by erecting a new rule requiring reasonable suspicion for any thorough search of electronic devices entering the United States. This rule flouts more than a century of Supreme Court precedent, is unworkable and unnecessary, and will severely hamstring the government’s ability to protect our borders.”
More: Courthouse News Service
Democratic Gov. Mike Beebe on Tuesday vetoed a ban on most abortions in Arkansas at 20 weeks into a pregnancy, setting up an override fight with a Republican-controlled Legislature that has been pushing for more restrictions on the procedure.
Beebe said he vetoed the ban, which is based on the disputed belief that a fetus can feel pain at 20 weeks, because it runs afoul of the U.S. Supreme Court’s 1973 Roe v. Wade ruling that legalized abortion until the point where fetuses can survive outside the womb, usually at 22 to 24 weeks. The Republican sponsor of the measure said he’ll seek to override Beebe’s veto.
“Because it would impose a ban on a woman’s right to choose an elective, nontherapeutic abortion before viability, House Bill 1037, if it became law, would squarely contradict Supreme Court precedent,” Beebe said in his veto letter. “When I was sworn in as governor I took an oath to preserve, protect and defend both the Arkansas Constitution and the Constitution of the United States. I take that oath seriously.”
Property owners may seek compensation if the government is responsible for flooding their lands, even if the condition is not permanent, the Supreme Court ruled unanimously Tuesday.
The court ruled in favor of the Arkansas Game and Fish Commission, which complained that the federal government’s annual release of water from a dam 115 miles upstream periodically flooded 23,000 acres of its property from 1993 to 2000.
The U.S. Court of Appeals for the Federal Circuit ruled that, because the flooding receded each year and was not permanent, the commission could not seek compensation under the U.S. Constitution’s Takings Clause. The Fifth Amendment prohibits the government’s taking of private property “without just compensation.”
Justice Ruth Bader Ginsburg wrote for her fellow justices that the appeals court had misinterpreted Supreme Court precedent when it said that compensation may be sought in instances of flooding only when it is a “permanent or inevitably recurring condition, rather than an inherently
Our nation needs to carefully consider a civilians right to self defense in the context of modern lifestyles and the second amendment as an individual right. One can look at Supreme court precedent for a lot of good guidance.
What “last resort” defense will we allow law abiding civilians in public?
We have to balance the possibility of those who would be vigilantes and single women living or traveling alone.
“”Lt. Gov. Jennifer Carroll, who is chairing the Task Force on Citizens Safety and Protection, said the “highly qualified” group includes people from “many different points of view” who are “racially, regionally, and professionally diverse.”
The task force includes a retired judge, attorneys experienced in both prosecution and defense, and members of neighborhood watch programs. Two state representatives are on the task force, one of them the author of the “stand your ground” bill in the House, Carroll said. The list of 17 members also shows two state senators.
There are no representatives from the National Rifle Association on the task force, Carroll said in response to a question. But the task force will hear from people on various sides of the issues at public events throughout the state.
She said the government did not reach out to people to join the task force, but rather considered people who had contacted officials and said they wanted to be a part of it.
“We’re going to engage the entire state of Florida to tell us the pros and cons, how they feel about these laws,” said the Rev. R.B. Holmes Jr., who is serving as vice chair.”“
(CNN) — Florida’s governor will announce Thursday morning who will be part of a task force that will look at the state’s gun laws in the aftermath of the shooting death of unarmed teenager Trayvon Martin.
In March, as outrage was growing about the shooting, Gov. Rick Scott said that Lt. Gov. Jennifer Carroll would lead the task force but he would also take time to choose some of the other members.
“After listening to many concerned citizens in recent days, I will call for a Task Force on Citizen Safety and Protection to investigate how to make sure a tragedy such as this does not occur in the future,” Scott said at the time.
The task force will study Florida’s “Stand Your Ground” law, which allows people to use deadly force anywhere they feel a reasonable threat of death or serious injury, Scott has said.
It is unknown how the law may ultimately factor into the defense case of George Zimmerman, the neighborhood watch volunteer who fatally shot Martin on February 26. The 28-year-old has told authorities the killing was in self-defense.