Category: Court Decisions
The U.S. Supreme Court decision to refuse to hear our case concerning Section 1021(b)(2) of the National Defense Authorization Act (NDAA), which permits the military to seize U.S. citizens and hold them indefinitely in military detention centers without due process, means that this provision will continue to be law. It means the nation has entered a post-constitutional era. It means that extraordinary rendition of U.S. citizens on U.S. soil by our government is legal. It means that the courts, like the legislative and executive branches of government, exclusively serve corporate power—one of the core definitions of fascism. It means that the internal mechanisms of state are so corrupted and subservient to corporate power that there is no hope of reform or protection for citizens under our most basic constitutional rights. It means that the consent of the governed—a poll by OpenCongress.com showed that this provision had a 98 percent disapproval rating—is a cruel joke. And it means that if we do not rapidly build militant mass movements to overthrow corporate tyranny, including breaking the back of the two-party duopoly that is the mask of corporate power, we will lose our liberty.
In recent years, court decisions concerning the Second Amendment have lost any attachment to the “militia,” making the mention of “militia” in the amendment superfluous. Justice Stevens, who retired from the United States Supreme Court in 2010 recommends that we reestablish that connection by adding five words to the Amendment:
As a result of the rulings in Heller and McDonald, the Second Amendment, which was adopted to protect the states from federal interference with their power to ensure that their militias were “well regulated,” has given federal judges the ultimate power to determine the validity of state regulations of both civilian and militia-related uses of arms. That anomalous result can be avoided by adding five words to the text of the Second Amendment to make it unambiguously conform to the original intent of its draftsmen. As so amended, it would read:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”
Emotional claims that the right to possess deadly weapons is so important that it is protected by the federal Constitution distort intelligent debate about the wisdom of particular aspects of proposed legislation designed to minimize the slaughter caused by the prevalence of guns in private hands. Those emotional arguments would be nullified by the adoption of my proposed amendment. The amendment certainly would not silence the powerful voice of the gun lobby; it would merely eliminate its ability to advance one mistaken argument.
Colorado Supreme Court agrees to hear case involving paraplegic man who was fired for using medical marijuana.
There is some good news for Brandon Coats. He is a paraplegic man who had excellent job reviews as a customer service at DISH Network in Denver. He was a properly registered user of medical marijuana, which provided relief from the considerable pain he suffered. His employer fired him following a random drug testing, finding THC in his blood. He never used marijuana on the job and he was never under the influence on the job. Colorado attorney Michael Evans has represented Brandon Coats throughout this litigation. John Campbell and I (of Campbell Law, LLC) assisted Mr. Evans in the drafting the Petition for Writ of Certiorari to the Colorado Supreme Court. Two days ago, we were happy to learn that the Colorado Supreme Court agreed to hear this case. We will be assisting with writing the brief in the coming weeks. Here is the Colorado Supreme Court’s January 27, 2014 ruling.
In our Petition, we had asserted:
After prolonged treatment with various conventional, prescribed medications failed, a licensed Colorado physician recommended that Mr. Coats medically use marijuana. Mr. Coats registered and received state-approval for medical marijuana use. Thereafter, he used marijuana only in the privacy of his own home and after working hours, in compliance with Colo. Const. art. XVIII, § 14. . . . Despite satisfactory job performance, an absence of work place accommodation, and lack of impairment, DISH fired Mr. Coats solely based on an unknown amount of THC found in his body, the presence of which was the result of his exclusive use of medical marijuana in the privacy of his own home after work. Colorado’s Lawful Activity Statute prohibits employers from discriminating against or terminating employees for engaging in legal off-duty conduct. Both Colo. Const. art. XVIII, § 14 and § 16 permit the use of marijuana for Colorado residents like Mr. Coats.
In its recent Order, the Colorado Supreme Court agreed to consider the following two issues:
Whether the Lawful Activities Statute, C.R.S. section 24-34-402.5, protects employees from discretionary discharge for lawful use of medical marijuana outside the job where the use does not affect job performance.
Whether the Medical Marijuana Amendment makes the use of medical marijuana “lawful” and confers a right to use medical marijuana to persons lawfully registered with the state.
For more information about this compelling case, see this article from the Denver Post.
Thanks to trolls like IPNav, the Times explains, U.S. companies are forced to spend upwards of $30 billion every year on patent litigation. Most of that money goes to troll profits and legal expenses, with less than 25 percent flowing to inventors. Even Spangenberg concedes that his business uses “the courts as a marketplace, and the courts are horribly inefficient and horribly expensive as a market.” Patent trolls like IPNav are a symptom of a fundamentally broken system.
There is debate about the definition of patent trolls, but the term broadly refers to people who sue companies for infringement, often using patents of dubious value or questionable relevance, and then hold on like a terrier until they get license fees. In recent years, patent trolls — they prefer “patent assertion entities,” or P.A.E.’s — have gone from low-profile corporate migraine to mainstream scourge. This is partly because the number of patent infringement suits has more than doubled in recent years, to 4,731 cases in 2012 from 2,304 in 2009, according to that RPX report. The cost to businesses, which pass along the expense to consumers, is immense. One study found that United States companies — most of them small or medium-sized — spent $29 billion in 2011 on patent assertion cases.
What I just learned from Harper’s Index from the August 2013 issue of Harpers: The U.S. Supreme Court has agreed to hear only 1% of all Petitions for Certiorari filed over the past three years. But, if the U.S. Chamber of Commerce files an amicus brief, there is a 32% chance that the U.S. Supreme Court will hear that case.
Those attorneys for the Chamber must be excellent brief writers . . .