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Court rules against dying woman in marijuana case
Law Center | 2007/03/16 17:36
Dying mother Angel Raich, 41, has lost her appeal in federal court Wednesday to use marijuana for medical purposes. Her doctor claims marijuana is the only medicine that will keep Raich alive.

The mother of two, from Oakland, CA, has scoliosis, chronic nausea and an inoperable brain tumor, among other ailments. Raich pre-emptively sued the government in an effort to avoid arrest for using marijuana. Raich uses marijuana every few hours, on her doctor's advice.

The 1970 Controlled Substances Act criminalizes heroin, LSD, marijuana and other drugs. In her appeal, Raich was asking for enforcement of this law to be blocked.

A legal conflict exists between federal law, which states marijuana is illegal and has no medical value, and 11 states that allow marijuana use for medical purposes with a doctor's recommendation. Two years ago, the Supreme Court ruled against Raich, stating that even individuals living in one of the 11 states allowing medical marijuana can be prosecuted under federal laws.

Due to the Supreme Court ruling, the 9th Circuit Court of Appeals narrowed the issue down to the right to life theory. The three appeals judges stated that the U.S. is not to the point where "the right to use medical marijuana is 'fundamental.'" The court did admit, however, that if Raich is later arrested and prosecuted, she may be able to use a "medical necessity defense."

Judge C. Arlen Beam stated in a partial dissent that since Raich has not been arrested, she has no legal standing to bring a case.

Raich told press that "I have to get myself busted in order to try to save my life." Frank Lucido, one of Raich's physicians, said last year that she would "probably be dead without marijuana."

New Mexico may become the 12th state to allow marijuana use for medical purposes. Governor Bill Richardson is expected to sign the bill that lawmakers approved Wednesday.

Several California cities have de-prioritized marijuana offenses, including San Francisco, Santa Cruz, Santa Monica, Oakland, Santa Barbara and West Hollywood. San Francisco joined the growing number of California cities putting marijuana offenses low on the priority list in December.

Marijuana has been used to treat a variety of illnesses and symptoms, including cancer, glaucoma, hepatitis C, Crohn's disease, HIV or AIDS and multiple sclerosis. It has also been used to treat migraines, seizure disorders, severe or chronic pain or nausea, anorexia, wasting syndrome and agitation of Alzheimer's disease.



Bush in strife over role in lawyer firings
Law Center | 2007/03/14 09:43

Embattled Attorney General Alberto Gonzales said Wednesday it's up to President Bush whether he remains in the administration and said he wants to stay and explain to Congress the circumstances surrounding the firings of eight U.S. attorneys.

Amid an escalating political row and calls from some Democrats for his resignation, Gonzales said, "I work for the American people and serve at the pleasure of the president."

"I think you can look at the record of the department in terms of what we've done ... going after child predators, public corruption cases," he said on NBC's "Today" show. "I think our record is outstanding."

Critics charge that the prosecutors were ousted because of political considerations.

Gonzales acknowledged, as he had on Tuesday, that mistakes were made in the handling of the U.S. attorney firings and said he wanted to remain in the job to make things right with Congress.

"I think we've done a good job in managing the department. .. Things are going to happen," he said. "We are going to work with Congress to make sure they know what happened. ... We want to ensure that they have a complete and accurate picture of what happened here."

"I didn't become attorney general by quitting," Gonzales said on CBS's "The Early Show."

Several Democrats have called for Gonzales' resignation, among them presidential candidates Hillary Rodham Clinton and John Edwards.

"The buck should stop somewhere," Clinton said in an interview with ABC's "Good Morning America" which was broadcast Wednesday morning. She added that Bush "needs to be very forthcoming -- what did he say, what did he know, what did he do?" and that high-level White House adviser Karl Rove also "owes the Congress and the country an explanation" for his role in the affair.

The firestorm of criticism has erupted in the wake of the disclosure of e-mails within the administration which showed that Gonzales' chief of staff, Kyle Sampson, had discussed the possible firings of U.S. attorneys in early 2005 with then-White House Counsel Harriet Miers.

Gonzales accepted Sampson's resignation this week; Miers had left the administration earlier this year.

It was the second time in as many weeks that Gonzales came under withering criticism on Capitol Hill. Last week, the attorney general and FBI Director Robert S. Mueller admitted that the FBI had improperly, and at times illegally, used the USA Patriot Act to secretly pry out personal information about Americans in terrorism investigations.

Gonzales, himself a former White House counsel, has been friends with Bush for years, going back to when he served as Bush's secretary of state in Texas. Bush retains full confidence in the attorney general, spokesman Dan Bartlett, traveling with Bush in Mexico, said Wednesday. "He's a standup guy," Bartlett said of Gonzales.

As for the firings, Bartlett said White House officials had heard complaints from members of Congress regarding prosecutors and Bush had raised the subject during an October 2006 meeting with Gonzales. He described the exchange as "offhand" and said Bush did not name any specific prosecutors but did identify their states.

"This briefly came up and the president said, 'I've been hearing about this election fraud issue from members of Congress and want to be sure you're on top of it as well,' " Bartlett said.

Bartlett said that Gonzales had responded, "I know, and we're looking at those issues."

In the NBC appearance Wednesday, Gonzales said he had a "general knowledge" of Sampson's conversations with Miers about the prosecutors, but said "I was obviously not aware of all communications."

"I think we have an obligation to ensure where we can improve upon performance around the country," he said.

One of the ousted U.S. attorneys, David Iglesias, who was the U.S. attorney in New Mexico, told Congress had had received a call from Sen. Pete Domenici, R-N.M., that he considered intimidating. Democrats in Congress have charged that some prosecutors were sacked because there was a belief within the administration that they were not moving quickly enough on political corruption cases involving Democrats.

Domenici acknowledged calling Iglesias but denied trying to put any pressure on the prosecutor to speed up his investigation.

Asked Wednesday if politics played a role in the firings, Gonzales said, "These firings were not politically motivated. They were not done in retaliation. They were not done to interfere with a public corruption case."



Lawmakers Call for Gonzales to Resign
Law Center | 2007/03/12 09:59

Several high-ranking Democratic senators have called for the resignation of US Attorney General Alberto Gonzales in the wake of revelations in an official audit that the FBI broke and misused laws in the process of obtaining personal information from telephone companies, Internet service providers, banks, and credit bureaus under the terms of the Patriot Act. Prior to Friday's release of the Department of Justice Inspector General's report Gonzales was already under pressure in connection with publicized dismissals of several US Attorneys that may have been politically motivated.

In an interview on CBS' Face the Nation, Sen. Charles Schumer (D-NY) said Sunday:

the Justice Department is different than any other department. In every other department, the Cabinet--chief Cabinet officer is supposed to follow the president's orders, requests without exception. But the Justice Department has a higher responsibility, rule of law and the Constitution. And Attorney General Gonzalez, in his department, has been even more political than his predecessor, Attorney General Ashcroft. Attorney General Gonzalez is a nice man, but he either doesn't accept or doesn't understand that he is no longer just the president's lawyer, but has a higher obligation to the rule of law and the Constitution even when the president should not want it to be so. And so this department has been so political that I think, for the sake of the nation, Attorney General Gonzalez should step down....

What we found in--in the Justice Department over and over again is a lack of respect for the rule of law, a lack of respect for balance of powers. There's a view that the executives should be almost without check. And that is so wrong, and that's one of the reasons I think we need at change at the top in the Justice Department.
Speaking on the same program, Republican Sen. Arlen Specter (R-PA), now ranking member of the Senate Judiciary Committee and former GOP chairman, acknowledged that "there have been lots of problems," but said that the question of Gonzales' resignation was one "for the president and the attorney general." During a judiciary committee meeting last week, Specter suggested that there could be a new attorney general "sooner rather than later."

Appearing on CNN's Late Edition, Sen. Joe Biden (D-DE) said:
I think Gonzales has lost the confidence of the vast majority of the American people. I think it goes all the way back to the torture memos, when we gave him the benefit of the doubt, straight through to the firing of these U.S. attorneys and until recently insisting that they could, in fact, under a law -- a little-known provision in the law -- allow them to replace attorneys general.

I think it's an abuse of power. And I think he's lost the confidence of the American people. I think he's lost the confidence of many in the United States Congress. And, obviously, it it's president's judgment to say whether he should stay or not, but I think he's lost the confidence of the Congress.

Also speaking on Late Edition, Sen. Lindsey Graham (R-SC) said that the Justice Department's handling of the US Attorneys firings was "clumsy," but said that he didn't believe Gonzales would resign over the matter.



Clifford takes shots at Ziegler during debate
Law Center | 2007/03/10 10:35

After a week of news reports questioning Supreme Court candidate Annette Ziegler's judicial ethics, opponent Linda Clifford wasted no time in firing the opening salvo at a debate, charging that Ziegler's record in this regard was "lacking."

After Clifford, a Madison attorney, alleged several times during Friday's debate that Ziegler likely violated the state's code of judicial ethics by hearing, as a judge, cases involving West Bend Savings - where her husband is on the board of directors and the couple have more than $3.1 million in loans from the bank - Ziegler responded.

"My family doesn't have a financial stake in any case I've served," she said. "I don't think it's my job to get out of cases on which I serve." She said she welcomed any investigation of those charges.

Ziegler also tried to turn the tables, asking whether Clifford, if elected, would recuse herself from any cases involving negligence or malpractice because Clifford's husband is a personal injury lawyer.

Clifford called Ziegler's comments a "desperate attempt to confuse the laws of conflict of interest and recusal."

Clifford stayed on the offense during the hour-long debate Friday, which was sponsored by the State Bar of Wisconsin, WisPolitics.com and others. When Ziegler, a Washington County judge, said she held all the sitting Wisconsin Supreme Court justices with "high regard," Clifford cited a fundraising letter sent out on Ziegler's behalf in January that referred to the court as an "activist arm of liberal special-interest groups."

Ziegler fought back, charging that Clifford had longtime ties to the Democratic Party and hired a private investigator to "dig up dirt" on her.

But for the most part, Ziegler sought to portray herself as the logical choice for the seat by touting her 10 years of judicial experience as a circuit court judge in Washington County while pointing out, repeatedly, that Clifford has never been a judge.

Clifford, who has practiced law for 32 years, countered that practicing attorneys and non-judges have always had a presence on the Supreme Court.

"It's experience the court now lacks but needs," she said.

Ziegler and Clifford are vying to fill the seat being vacated by Justice Jon Wilcox, who is retiring. The election is April 3.

Court observers say the court is basically split now between liberals and conservatives, with Wilcox being among the conservatives.

When asked during the debate whether such designations had any place in the courtroom, both candidates said no.

"Using terms like conservative or liberal are not appropriate," Ziegler said. "I think judicial races should be non-partisan."

Ziegler said she lives a non-partisan life, but noted Clifford's Democratic affiliations.

Clifford, in turn, said Ziegler's campaign staff is comprised of "Republican operatives and Republican-identified individuals."

Clifford said she eschews political designations because they tend to affect a judge's ability to be independent and creates a public perception about how a judge will rule.

Clifford's closing remarks included another attack on Ziegler's ethics and a reiteration of her legal experience. Ziegler offered a more homey touch, harking back to her parents' hardware store and her desire as a young girl to work the cash register.

She said her parents made her earn that role by doing less glamorous work around the store first.

In a not-so-subtle reference to Clifford's lack of judicial experience, Ziegler said: "I think you do need to work your way up."



Supreme Court rules in Colorado redistricting
Law Center | 2007/03/06 09:29
The US Supreme Court handed down decisions in two cases Monday, including Lance v. Coffman, where the Court concluded that four Republican voters in Colorado did not have standing to challenge a court-ordered congressional redistricting plan. A state judge in Colorado drew up a redistricting plan in 2002 when the state legislature was unable to agree on a plan in time for elections that year. The legislature drew up a plan in 2003, but that plan was rejected by the Colorado Supreme Court because the state constitution allows for a new plan only once per decade. The state supreme court held that "judicially-created districts are just as binding and permanent as districts created by the General Assembly." The redistricting plan was subsequently challenged by four voters, who argued that their rights had been violated under the Elections Clause of the US Constitution, which states that the "Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators." The US Supreme Court ruled that the plaintiffs did not have standing, writing:
The only injury plaintiffs allege is that the law - specifically the Elections Clause - has not been followed. This injury is precisely the kind of undifferentiated, generalized grievance about the conduct of government that we have refused to countenance in the past. It is quite different from the sorts of injuries alleged by plaintiffs in voting rights cases where we have found standing. Because plaintiffs assert no particularized stake in the litigation, we hold that they lack standing to bring their Elections Clause claim.


Homeland Security extends REAL ID compliance deadline
Law Center | 2007/03/02 23:26

The US Dept. of Homeland Security (DHS) Thursday agreed to extend by 18 months the compliance timeline for the REAL ID Act until December 31, 2009. In addition to the extension of the deadline imposed on states, DHS will allow states to use as much as 20 percent of the money allocated by the agency to ensure compliance. The proposed changes follow resistance by state and federal lawmakers, who questioned the feasibility of implementing uniform driver's license standards under the act before the original May 2008 deadline, and aim at assuaging concerns over the cost of the new regulations.

The REAL ID Act, initially drafted after the Sept 11 attacks and designed to discourage illegal immigration, attempts to make it more difficult for terrorists to fraudulently obtain US driver's licenses and other government IDs by mandating that states require birth certificates or similar documentation and also consult national immigration databases before issuing IDs. The law is also meant to make it more difficult for potential terrorists to board aircraft or enter federal government buildings. After controversy and strenuous opposition from civil libertarians it finally passed in 2005 as part of an emergency supplemental appropriations defense spending bill.



Washington Senate passes domestic partnership bill
Law Center | 2007/03/02 09:15

The Washington State Senate passed a domestic partnership bill (SB 5336) Thursday which would establish a domestic partner registry, giving same-sex couples enhanced rights including inheritance, hospital visitation, and the power to authorize medical procedures. The bill, sponsored by openly gay Sen. Ed Murray (D) passed by a vote of 28-19, defeating a proposed amendment by Senator Don Benton (R) that would have added a referendum clause. Benton and others who voted against the bill said it was an attempt to undermine traditional marriage. The bill now moves to the house as House Bill 1351. Washington Gov. Chris Gregoire is expected to sign the measure if it passes.

Last year Washington passed a landmark gay civil rights act sponsored by Murray, which rewrote Washington's Civil Rights Act to include the phrase "sexual orientation" among the classes of people protected from discrimination in housing, lending, and employment. Last week the state determined that a heterosexual woman could not use that law to secure health care benefits for her male partner because a federal law on the topic trumps it.



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