City of San Diego v. Roe, Supreme Court of the United States, Per Curiam, December 6, 2004 . Excerpt: A government employee does not relinquish all First Amendment rights otherwise enjoyed by citizens just by reason of his or her employment. See, e.g., Keyishian v. Board of Regents of Univ. of State of N. Y., [...]

The US Supreme Court Monday heard arguments in the case Miller-El v. Dretke (03-9659), reconsidering whether a black defendant was unfairly convicted and sentenced by a jury that included only 1 black juror). The Supreme Court ruled 8-1 last year (Justice Thomas dissenting) that there was a strong suspicion of discrimination in the jury selection, [...]

Ohio Secretary of State Kenneth Blackwell has certified the votes of the 2004 Presidential election. The official totals, including all absentee and provisional ballots are: Bush – 2,858,727Kerry – 2,739,952 This is a Bush victory of 118,775 votes, not close enough to trigger an automatic recount under Ohio law. The Democratic, Green and Libertarian parties [...]

President Bush has named Gerald Reynolds and Ashley Taylor to the US Commission on Civil Rights. Reynolds, formerly asssitant secretary of the office of civil rights in the Department of Education, is expected to replace Mary Frances Berry as chairman of the commission. Taylor, an attorney from Richmond Virginia, will replace Cruz Reynoso, although his [...]

In Monday's environmental law news, the Fish and Wildlife Service (FWS) seeks comments on a proposed rule that would establish the Pine Island-Estero Bay Manatee Refuge in Lee County, Florida. The manatee is a protected species under both the Endangered Species Act and the Marine Mammal Protection Act. The area had been protected by the [...]

Congressional negotiators have reached a deal with the chief Republican opponent of legislation which will revamp the country's intelligence agencies. The bill, which will go to a final vote, is meant to follow the recommendations of the 9/11 commission. President Bush has been pressing Congress for a swift resolution citing the importance of the bill [...]

Military judge Colonel James Pohl ruled today that statements by President Bush and top military leaders relating to the alleged abuses at Abu Ghraib prison were not specific enough to taint the jury pool for next month's trial of Spc. Charles Graner Jr., the reputed ringleader in the case. Pohl, however, did indicate that he [...]

The Democratic Party has launched a probe into reported voting problems in Ohio. Outgoing Democratic National Committee Chairman Terry McAuliffe indicated Monday that the party will pay for a panel to study complaints from Ohio voters about uncounted votes, long lines, shortages of ballots, understaffed polling stations and voting machine errors. McAuliffe is also asking [...]

Eight soldiers have filed a lawsuit in federal court challenging the Army's stop-loss program which requires troops to serve longer than the terms in their enlistment contracts. Under the stop-loss program, the Pentagon may extend enlistments during war or national emergencies. The program, which was invoked in June, may keep thousands of soldiers past their [...]

Judge Richard Posner, University of Chicago Law School: "The U.S. invasion of Iraq, the U.S. decision not to invade Afghanistan before the 9/11 attacks, and concern with the apparent efforts of Iran and North Korea to obtain nuclear weapons raise acutely the question when if ever a preemptive or preventive war is justified. If "preemptive [...]