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PoliticsWhy health care law is unconstitutionalSupreme Court debates your health careCNN Poll: Majority call for arrest in shootingHealth care's big four issuesJustices ready to move to heart of health caseWASHINGTON (AP) -- The Supreme Court plunged into debate Monday on the fate of the Obama administration's overhaul of the nation's health care system, and the justices gave every indication they will not allow an obscure tax law to derail the case....
Obama warns North Korea, Iran on nuclear weaponsCert. granted in a dog sniff equalling PCCert. granted today in Florida v. Harris, 11-817. Issue: Whether an alert by a well-trained narcotics detection dog certified to detect illegal contraband is insufficient to establish probable cause for the search of a vehicle. Opinion below: Harris v. State, 71 So. 3d 756 (Fla. 2011) posted here. Briefs: Cert petition; brief in opposition. This case will be argued next Term. Read the Florida Supreme Court's decision, the petition, and the BIO before you pass judgment on the oversimplistic issue the state chose to present. The case isn't that easy, unless, of course, the conservative wing has no problem with just saying "this is Place and Caballes and we're done." If it really was, they should have GVR'd it and been done with it. Suspect arrested in killing of 5 in San Francisco homeSAN FRANCISCO — A 35-year-old man was booked on five counts of murder after the bodies of three women and two men were found at a gruesome crime scene in a San Francisco home. The aftermath of the killings was so tangled that police couldn't initially determine whether they were dealing with ... Obama to Russia: More flexibility after electionsSEOUL, South Korea (AP) -- President Barack Obama told Russia's leader Monday that he would have more flexibility after the November election to deal with the contentious issue of missile defense, a candid assessment of political reality that was picked up by a microphone without either leader apparently knowing....
High court takes up fight over Obama health lawWASHINGTON (AP) -- President Barack Obama's health care overhaul is front and center at the Supreme Court for three days of hearings to determine the fate of a law aimed at extending health insurance to more than 30 million Americans....
TX11: Face-to-face swearing to a SW affidavit not required; fax will doA face-to-face meeting better the affiant for a search warrant and the issuing magistrate is not required. Here, they recognized each other’s voices, the affiant swore over the phone and faxed the affidavit to the magistrate who faxed back the signed search warrant. Clay v. State, 2012 Tex. App. LEXIS 2298 (Tex. App. – Waco March 21, 2012): The second statement relied upon by Clay is a comment by the Court that, while recognizing innovations such as telephonic search warrants should not be foreclosed by the requirement of a signed affidavit, "[w]e leave those potential future changes to the Texas Legislature...." Smith v. State, 207 S.W.3d 787, 793 (Tex. Crim. App. 2006). This statement, Clay believes, is an acknowledgment that a procedure to obtain warrants by telephone and facsimile has not been authorized by statute, does not exist under Texas law, and therefore cannot be a valid practice in Texas at the present time. We believe it is not such an acknowledgement and certainly is not such a prohibition. As the Court stated, it is important for the law to retain some flexibility in the face of technological advances. Id. at 792. Had there been no flexibility in the statute, the Smith Court would have been compelled to hold that a signed affidavit was required. It did not. And thus, the statute is also flexible so as to allow for the taking of an oath over the telephone or by some other electronic means of communication under certain circumstances. That is the nature of the development of the common law. We must decide only the issue presented—in this case, is the affidavit invalid because it was not made on an oath administered face-to-face. Supreme Court debates health care lawThe U.S. Supreme Court on Monday began three days of potentially landmark oral arguments over the constitutionality of the sweeping health care law championed by President Barack Obama, with a majority of justices appearing to reject suggestions they wait another few years before deciding the issues.
Santorum on Romney: 'Why would we...?'Obama warns N. Korea, Iran their options are fewSEOUL, South Korea (AP) -- President Barack Obama warned North Korea and Iran on Monday that their options are few, and their friends fewer, as those nations refuse to back down from actions the world sees as menacing....
Obama warns N. Korea, Iran their options are fewSEOUL, South Korea (AP) -- President Barack Obama warned North Korea and Iran on Monday that their options are few, and their friends fewer, as those nations refuse to back down from actions the world sees as menacing....
Obama warns N. Korea, Iran their options are fewSEOUL, South Korea (AP) -- President Barack Obama warned North Korea and Iran on Monday that their options are few, and their friends fewer, as those nations refuse to back down from actions the world sees as menacing....
10 lesser-known effects of health lawOpinion: Court challenge high stakes for ObamaObama 'super' PAC donors among White House guestsWASHINGTON (AP) -- President Barack Obama is using privileged access to one of America's greatest landmarks to reward his most generous financial supporters in ways that Republicans Mitt Romney and Rick Santorum can't match: More than 60 of Obama's biggest campaign donors have visited the White House more than once for meetings with top advisers, holiday parties or state dinners, a review by The Associated Press has found....
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