“GOP Lawmaker Darrell Issa Poised to Call for Special Prosecutor to Investigate White House”

    CBS: “Rep. Darrell Issa, the top Republican on the House Oversight committee, told CBS News Wednesday that he will call for a special prosecutor to investigate the White House if it does not address Rep. Joe Sestak’s claim that he was offered a federal job in exchange for dropping out of the Pennsylvania Senate primary . . . ”


  • Posted: 03/24/2010
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  • Category: Miscellaneous
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  • Source: www.cbsnews.com

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SC: 24-hour abortion wait gets Senate OK

FL: Senate OKs teacher pay, voucher expansion bills

Dell Leaving China In Search Of “Safer Environments” In India

Thomas More Society Settles Federal Lawsuit Against City of Aurora

California Asks IRS to Change Tax Code to Accommodate Same-Sex Couples

Text of the Executive Order — Patient Protection and Affordable Care Act’s Consistency with Longstanding Restrictions on the Use of Federal Funds for Abortion

Mo. Senate panel backs abortion restrictions

WA: Oak Harbor bans public nudity, regulates sex shops

Wilders backs out of US anti-Islam film premiere over Christian group’s position on homosexuality

Strip clubs, pornography vendors in Kansas Legislature’s crosshairs

Peruvian bishops criticize government’s efforts to distribute morning-after pill

Obama Spokesman Gets Testy With Press on Obama’s Abortion Executive Order

Google Official Calls for Action on Web Restrictions, Go Daddy halts Chinese domains

Canadian pro-life victory: Liberal abortion motion defeated

UK: Govt faith group collapses as secularists hijack agenda

ACLU attacks public funding for USCCB aid to trafficking victims

Israel’s survival at stake, Clinton warns

Gibbons tells Nevada attorney general to sue over federal health care reform

Pentagon eyes more “humane” enforcement of gay ban

Australia: Appeal judge slams “manifestly inadequate” child porn sentence

Religious freedom does not require complete secularization, archbishop tells UN

UK: David Cameron flustered over “gay rights,” insists Conservative Party “abhors homophobia”

Obama Will Sign Disputed Abortion-Health Care Order Today Behind Closed Doors

Prosecution “fear” for church civil partnership critics

Thomas Sowell: A Point of No Return?

“Hearing for 9th Circuit Nominee on Hold”

Indonesian police ban regional “gay” conference

Ethicist urges Christian universities to stand strong

FL: Leon County commissioners move forward with homosexual discrimination measure

ME: Catholic Diocese withdraws funding from same-sex “marriage” supporting social service agency

Google’s Brin Talks About China Gamble

Turkish PM Warns Judiciary Over Attacks on Reforms

Resistance against N. Korean regime taking root, survey suggests

Washington: Mother furious after in-school clinic sets up teen’s abortion

Canada: Right-wing U.S. firebrand Ann Coulter will file grievance with rights panel

AZ town votes to amend zoning code allowing for church services in homes

Health Care Law Signals End of US Empire, End of Western Christian empire as a system?

Appeals continue to seek stay of D.C. same-sex “marriage” law

Your Medical Records Aren’t Secure

    Deborah C. Peel writes at the Wall Street Journal: “In a January 2009 speech, President Barack Obama said that his administration wants every American to have an electronic health record by 2014, and last year’s stimulus bill allocated over $36 billion to build electronic record systems. Meanwhile, the Senate health-care bill just approved by the House of Representatives on Sunday requires certain kinds of research and reporting to be done using electronic health records . . . But electronic medical records won’t accomplish any of these goals if patients fear sharing information with doctors because they know it isn’t private.”


  • Posted: 03/24/2010
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  • Category: Miscellaneous
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  • Source: online.wsj.com

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Congressman Randy Neugebauer Won’t Back Down Calling Abortion Bill a Baby Killer

Iqbal/Twombly, strange bedfellows, and civil rights

    Howard Wasserman writing at PrawfsBlawg: “A new voice in the debate over legislation to overrule Iqbal and Twombly is the Alliance Defense Fund, an organization of ‘Christian attorneys and like-minded organizations’ that litigates ‘civil rights cases in defense of religious freedom, the right to life, and the natural family’ . . . ADF and ACLU are not incompatible on this issue, thus the ‘strange bedfellows’ theme is unfortunate. In fact, I would have fully expected these groups to agree that Iqbal is a problem and needs to be changed. Both are engaged in the same enterprise–litigating civil rights/civil liberties issues–and both must deal with Iqbal/Twombly and the burdens it imposes. Both must deal with its vagueness and the increased inferential power/discretion it gives district court judges.”


  • Posted: 03/24/2010
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  • Category: ADF in the News
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  • Source: prawfsblawg.blogs.com

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Community college student in New York wins victory for free speech

NY Christian suddenly arrested, jailed in park prayer case

China thwarts Google’s detour around censorship

NJ 2011 budget won’t include abortion funds

Democrats miss an obvious lesson plan for deprived children

Sexual Junk Food: Porn’s Degrading Effects

Pro-lifers lose “buffer-zone” battle

Obama to sign promised executive order on abortion

Breyer, Scalia explain why they often disagree

Some law school deans call for normalization of homosexual behavior in the military

NY Christian suddenly arrested, jailed in park prayer case

Law Review: Religion, Democracy and the Public Schools

    Religion, Democracy and the Public Schools
    Michael J. Davis, 25 J.L. & Religion 33 (2010)

    “The centerpiece of this examination is the author’s observation, and occasional participation, in a decade-long political battle in his home state of Kansas over antievolutionists’ attempts to influence the science curriculums in K-12 public schools. While recognizing that the battles often held the state up nationally in the worst possible light, the Part concludes that there were many positive outcomes that would not have occurred had the matter been judicially decided. Part V finishes the article with a brief look at which kinds of school prayer issues might benefit from a democratic rough-and-tumble process, and which are best resolved quickly and definitely by the federal courts.”


  • Posted: 03/24/2010
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  • Category: Religious Liberty
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  • Source: law.hamline.edu

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Law Review: Putting Your Faith in God at the BMV: Indiana’s License Plate Controversy

    Putting Your Faith in God at the BMV: Indiana’s License Plate Controversy
    Michael W. Nowak, 35 J. Legis. 17 (2009)

    “Indiana has long boasted the honor of being the ‘Crossroads of America.’ But if one finds themselves traveling the roads of Indiana recently, they are likely to notice another slogan. In 2006, the Indiana Legislature passed a resolution regarding the issuance of new license plates in the state. These new plates proudly proclaim, ‘In God We Trust.’ The new license plates and their religious slogan have ignited a controversy within the state. It is not only the message that has come under fire, but also the way that a driver in Indiana acquires such plates. This Note will attempt to add some clarity to this ongoing debate. Specifically, it asks if the state of Indiana’s practice of selling license plates with the motto ‘In God We Trust’ without an additional fee for specialty plates violates Constitutional protections.”


  • Posted: 03/24/2010
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  • Category: Religious Liberty

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Law Review: A New Originalism: Adoption of a Grammatical Interpretive Approach to Establishment Clause Jurisprudence After District of Columbia v. Heller

    A New Originalism: Adoption of a Grammatical Interpretive Approach to Establishment Clause Jurisprudence After District of Columbia v. Heller
    Christopher A. Boyko, 57 Clev. St. L. Rev. 703 (2009)

    “Just as Thomas Jefferson’s ‘wall of separation,’ perhaps the best known or most revered surrogate, is now imbedded in First Amendment jurisprudence in the sixty years following Everson v. Board of Education of Ewing, also imbedded are concepts of entanglement, endorsement, coercion, and neutrality– all surrogates for ‘establishment.’ While the Court has never attempted to create a textual surrogate for ‘religion,’ it has nevertheless recognized ‘symbolic’ surrogates such as crosses, menorahs, or manger scenes; ‘invocation’ surrogates, such as prayers and so-called moments of silence; ‘utilization’ surrogates, such as sectarian use of public facilities; or ‘funding’ surrogates, such as printing allowances or school vouchers. However, from the standpoint that ‘religion’ is itself not an ambiguous concept, the Court has never attempted to limit or expand its import beyond what it already would seem to encompass by implication.”


  • Posted: 03/24/2010
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  • Category: Religious Liberty

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Law Review: Incubator or Cultivator: Defining the Role of the Surrogate

    Browne C. Lewis, Incubator or Cultivator: Defining the Role of the Surrogate (March 16, 2010). Cleveland-Marshall Legal Studies Paper No. 10-187. Available at SSRN: http://ssrn.com/abstract=1572887

    “The availability of reproductive technology makes it possible for one woman to supply the genetic material to create the child and another woman to gestate and give birth to the child. This division of labor has required courts to have to adjudicate maternity. A few state legislatures have enacted statutes designating the legal mother of a child conceived as the result of a surrogacy arrangement. In other jurisdictions, the courts must decide whether the surrogate or the contracting woman should be recognized as the child’s legal mother. In order to accomplish that purpose, courts have relied upon several different tests. As a result, the woman who gives birth may be deemed the legal mother in one state. In another jurisdiction, the woman who contributes the genetic material used to create the child may be adjudicated as the legal mother. These conflicting results are not in the best interests of the child, the contracting couple or the surrogate.”


  • Posted: 03/24/2010
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  • Category: Sanctity of Life
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  • Source: ssrn.com

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Law Review: An Imperfect Vocabulary of Religious Liberty

    An Imperfect Vocabulary of Religious Liberty
    Marci A. Hamilton, 25 J.L. & Religion 221 (2010)

    “Nussbaum’s central thesis about free exercise is that it exists for the purpose of protecting minority religions from the majority. She borrows the language of racial discrimination to talk about religious liberty, assuming (1) there is a majority religion (there is not); (2) minority religions cannot defend or represent themselves in the political process (despite the fact that small, cohesive groups do quite well in the legislative process); and (3) accommodation of religious conduct is needed to end inequality (it actually increases inequality).”


  • Posted: 03/24/2010
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  • Category: Religious Liberty
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  • Source: law.hamline.edu

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Law Review: “Parental Consent Policies for School Club Participation Aimed at Gay-Positive Student Groups”

    Of Permission Slips and Homophobia: Parental Consent Policies for School Club Participation Aimed at Gay-Positive Student Groups
    Ian Vandewalker, 19 B.U. Pub. Int. L.J. 23 (2009)

    “Gay-positive student groups, often called ‘Gay-Straight Alliances’ (‘GSAs’), have become more and more common in the nation’s high schools in recent years. They are a way for all students to show their commitment to equality and their acceptance of others, regardless of their sexual orientation. They may also function as a support group for gay, lesbian, bisexual, and questioning youth trying to come to terms with the intolerance they face from peers, family members, and their broader communities. The need for such support is vividly shown by the strident opposition from parents and social conservatives that often accompanies students’ efforts to form GSAs. One way schools react to attempts by students to form such clubs is by requiring that parents consent before students can participate in school clubs. These parental consent policies are facially evenhanded in that they apply to all clubs and do not single out GSAs. The context of their adoption, however, usually reveals that they are uniquely directed at the gay-positive groups, whose founding motivated the policies. Despite their evenhandedness, parental consent policies can be challenged under the federal Equal Access Act of 1984, which requires that student groups get ‘equal access’ to school resources.”


  • Posted: 03/24/2010
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  • Category: Marriage & Family

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Law Review: United States v. Virginia and a New Vision of Sexual Equality

    Celebrating the Differences That Could Make a Difference: United States v. Virginia and a New Vision of Sexual Equality
    Courtney Megan Cahill, 70 Ohio St. L.J. 943 (2009)

    “This Essay will proceed as follows. Before considering the role that Virginia could play in shaping marriage equality arguments and marriage equality jurisprudence, Part II will first examine the no-differences paradigm that has informed the social, cultural, and legal understanding of same-sex marriage. To that end, it will provide examples of the way in which (1) the public has conceptualized gay marriage as but a same-sex version of its heterosexual counterpart and (2) advocates for marriage equality have tended to collapse same-sex relationships into their cross-sex counterparts for the purpose of securing an even-handed distribution of the right to marry by the government.”


  • Posted: 03/24/2010
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  • Category: Marriage & Family

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Law Review: Toward a Progressive Perspective on Justice Ginsburg’s Constitution

    Toward a Progressive Perspective on Justice Ginsburg’s Constitution
    Marc Spindelman, 70 Ohio St. L.J. 1115 (2009)

    “Conservative criticisms of [the dream of liberal judicial activism]-and the doctrinal realities it yields-are well known. Less familiar are challenges to it from the political left. But there are political progressives who believe that a Justice’s willingness to govern us by constitutional rule is not the best measure of judicial success. A better metric, they think, is found in judicial modesty and even judicial inaction, especially when they are keyed to leaving politics open to progressive law reform. Viewed in this light, the light of progressive constitutionalism, a new perspective on Justice Ginsburg’s constitutional jurisprudence takes form.”


  • Posted: 03/24/2010
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  • Category: Bench & Bar

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