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Yesterday I blogged about the Supreme Court’s decision in Fisher vs. The University of Texas and how legislation with a discriminatory impact that does not have a discriminatory intent does not violate the equal protection clause of the Fourteenth Amendment. Today’s Supreme Court decision in Shelby vs. Holder deserves a similar analysis, with what I consider a different …

Continue reading Supreme Court in Shelby Opens the Door for Voter ID Civil Rights Litigation

Today the Supreme Court issued its decision in Fisher vs. The University of Texas — a decision that will result in a sea of litigation challenging the constitutionality of affirmative action efforts of public high education institutions across the country. The decision is a short one, but a marvelous read on the case progeny, stemming from the …

Continue reading Affirmative Action Under Fire From SCOTUS, Even With a “Punt”

According to the Supreme Court of the United States, refusing to answer questions is not an invocation of your right to silence under The Fifth Amendment and if you refuse to answer questions and haven’t been mirandized yet, your Fifth Amendment rights don’t attach, and the silence can be used substantively against you.   Here’s what …

Continue reading The Sounds of Silence — Inculpation by Saying Nothing

Yesterday was a landmark for the United States Supreme Court: Justice Antonin Scalia agreed with the most liberal members of the bench (Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan) in the Maryland vs. King decision. This, in my opinion, is because Justice Scalia’s more conservative leanings are directly in line with a liberal (read …

Continue reading DNA Registries and the Supreme Court’s Attack on Privacy

Today, the Justice Department suspended the Macon-Bibb Consolidated Government local elections that were slated for July 16th, 2013. I’ve already interviewed Sam Hart, one of the candidates, but it seems the relevance of that interview is stayed until the DOJ can determine if nonpartisan elections can proceed. Partisan elections are the backbone of the American political …

Continue reading Partisan Local Elections — an Unnecessary Evil

The IRS scandal I wrote about last week now has a new twist: Louis Lerner, the officer responsible for scrutinizing Tea Party 501(c)(4) applications, invoked her Fifth Amendment right against self incrimination on the stand in front of a house congressional meeting. Her invocation came after House Speaker John Boehner stated that he wanted to …

Continue reading Waiving the Fifth Amendment — Lois Lerner and the IRS Scandal