February 9, the American Civil Rights Union filed an amicus brief in support of a grassroots citizens effort to petition for recall of Sen. Robert Menendez (D-NJ).The Sussex County Tea Party and NJ Tea Parties United, which filed the original petition request to gather signatures as The Committee to Recall Senator Robert Menendez from the United States Senate, contend that Menendez has violated his oath of office by voting for unconstitutional measures such as the attempted government health care takeover bill.The New Jersey Secretary of State at the time rebuffed the request. So the matter is in court. Menendez is up for re-election in 2012. A successful [...]

NRA v. City of Chicago and Village of Oak Park

Last year's watershed Second Amendment case of District of Columbia v. Heller was just the beginning of the fight over the meaning of the right to keep and bear arms. The most significant question now is whether the Second Amendment only applies to the federal government (because D.C. is directly under federal law) or whether it also applies to states and cities under the Fourteenth Amendment of the Constitution. This question of whether the Second Amendment is "incorporated" by the Fourteenth Amendment is now being offered to the Supreme Court. The city of Chicago has a law banning handguns similar to the law struck down last year [...]

Boy Scouts of America v. Barnes-Wallace

The City of San Diego has long leased two properties to the San Diego unit of the Boy Scouts of America in return for the construction, operation and maintenance of youth recreational facilities. The Scouts have spent millions on the two properties over the years, providing first class recreation operations open to the public on a first-come, first-served basis. Many, many thousands who are not Boy Scouts use these facilities every year. Nevertheless, a lesbian couple with a male child and an agnostic couple with a male child sued the City and the Boy Scouts over the arrangement. The Plaintiffs allege they are "offended" by the traditional [...]