A proposed constitutional amendment to reverse the U.S. Supreme Court’s campaign-spending decisions is getting some pushback from conservatives and editorial writers.The amendment would give Congress and state lawmakers the authority to regulate campaign spending, overturning Citizens United and Buckley v. Valeo. Introduced by Sen. Tom Udall, D-N.M., it has 43 co-sponsors. This press release has more information.The Senate version of the amendment allows lawmakers to regulate “the raising and spending of money and in-kind equivalents” with respect to elections. It also provides that, “nothing in this article shall be construed to grant Congress the power to abridge the freedom of the press.”Among those who oppose the amendment are Chapman University law professor Ronald Rotunda, writing for Justia’s Verdict blog, and U.S. Sen. Ted Cruz, R-Texas, writing for the Wall Street Journal (sub. req.). They argue the proposed amendment has a broad … [Read more...] about Should First Amendment be revised to allow limits on campaign spending?
Home Daily News Second Amendment is a 'disfavored right'… U.S. Supreme Court By Debra Cassens Weiss Posted February 20, 2018, 11:16 am CST Shutterstock Justice Clarence Thomas asserted the Second Amendment is “a disfavored right” in the U.S. Supreme Court when he dissented Tuesday from the denial of certiorari in a gun case. Thomas said the Supreme Court should have heard Silvester v. Becerra, a challenge to California’s 10-day waiting period for gun purchases. His dissent starts on the 34th page of the Supreme Court order list. In upholding the law, the San Francisco-based 9th U.S. Circuit Court of Appeals used rational basis review, though it claimed to be using intermediate scrutiny, Thomas said. “If a lower court treated another right so cavalierly, I have little doubt that this court would intervene,” Thomas wrote. “But as evidenced by our continued inaction in this area, the Second Amendment is a disfavored right in this court.” … [Read more...] about Second Amendment is a ‘disfavored right’ in the Supreme Court, Thomas says in cert-denial dissent
Home Daily News Supreme Court holds guilty plea doesn't bar… U.S. Supreme Court By Debra Cassens Weiss Posted February 21, 2018, 10:11 am CST A criminal defendant who pleads guilty doesn’t inherently waive the right to challenge the constitutionality of the statute under which he was convicted, the U.S. Supreme Court ruled Wednesday. In a 6-3 opinion, the court ruled for Rodney Class, who had pleaded guilty to violation of a criminal law barring guns near the U.S. Capitol building. Class had guns in his locked jeep, which was parked on the Capitol grounds. He claimed on appeal that the gun law violated the Second Amendment and the due process clause because it didn’t give fair notice about which areas of the Capitol grounds are off limits for firearms. Justice Stephen G. Breyer wrote the majority opinion, which was joined by the court’s liberal justices, along with Chief Justice John G. Roberts Jr. and Justice Neil M. Gorsuch. Justice Samuel A. Alito Jr. wrote … [Read more...] about Supreme Court holds guilty plea doesn’t bar Second Amendment challenge; Gorsuch joins Breyer opinion
Home Daily News Law allowing actors to censor publication… First Amendment By Debra Cassens Weiss Posted February 21, 2018, 11:55 am CST IMDb logo/Twitter. A federal judge in San Francisco has overturned a California law that gives actors the power to remove information about their age from online profiles on the IMDb website. U.S. District Judge Vince Chhabria ruled that the law is a direct restriction on truthful speech that violates the First Amendment, report the Recorder, BuzzFeed News, Courthouse News Service, the Hollywood Reporter and the Associated Press. The law was intended to combat age discrimination in the movie industry, according to California and the Screen Actors Guild-American Federation of Television and Radio Artists. But that argument, if successful, “would enable states to forbid publication of virtually any fact,” Chhabria said in Tuesday’s opinion. “That a third party could misuse truthful information is almost never sufficient … [Read more...] about Law allowing actors to censor publication of their ages violates First Amendment, judge rules
The Union Cabinet chaired by Prime Minister Shri Narendra Modi on Wednesday approved the Arbitration and Conciliation (Amendment) Bill, 2018 for introduction in the Parliament. The Amendment is intended to facilitate achieving the goal of improving institutional arbitration by establishing an independent body to lay down standards, make arbitration process more party friendly, cost-effective and ensure timely disposal of arbitration cases. The Arbitration and Conciliation Act, 1996, as amended by the Arbitration and Conciliation (Amendment) Act, 2015 in order to make arbitration process user-friendly, cost-effective and ensure speedy disposal and neutrality of arbitrators. However, to give a boost to institutional, arbitration vis-a-vis ad hoc arbitration and to remove some practical difficulties in applicability of the Arbitration and Conciliation (Amendment) Act, 2015, a High Level Committee (HLC) under the Chairmanship of Justice B. H. Srikrishna, Retired Judge, … [Read more...] about Cabinet Approves The Arbitration And Conciliation (Amendment) Bill, 2018, Read The Salient Features