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Tort reform and conservative “justice”

The uproar over the US Chamber of Commerce ads attacking Tom Daschle for his position on tort reform coincided with a germinating thought. Tort reform seems indicative of the conservative attitudes toward not only individual rights but also the legal system and the concept of justice.

Advocates of tort reform generally refer to frivolous lawsuits […]

The detention decisions

Of course, the decisions in the enemy combatant cases came down while I was out of town. I can’t really improve on the analysis and summaries that appear at, among others, Scrivener’s Error or SCOTUSblog. And Elaine Cassel has an interesting take at her civil liberties blog.

I was struck by Justice Stevens’ dissent in […]

The other countdown to June 30

Eyes are focused on the transition to Iraqi authority on June 30. That date has additional significance for the nation and perhaps the election.

Traditionally, the U.S. Supreme Court goes into recess June 30 and tries to issue opinions in submitted cases by then. As of this posting, 12 cases remain for decision. Three directly […]

The oddities of the law

The U.S. 8th Circuit Court of Appeals has reversed a determination that South Dakota’s abortion statutes are unconstitutional. The reason? Hospitals are not available to perform abortions. Since the 8th Circuit is basically saying none of the state’s 66 hospitals will perform abortions, it would seem to present a strong argument why clinics that perform […]

Jose Padilla and civil liberties

I keep referring to this case because I see it is a prime example of the threat Bush, Ashcroft and the Patriot Act pose to our civil liberties. The reason is that he is a US citizen who was detained on US soil. Both Discourse.net and Atrios have excellent comments regarding an MSNBC report that […]