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WASHINGTON — A district court judge Tuesday rejected the Obama administration's claims that allowing gays and lesbians to begin openly

Federal judge issues nationwide injunction stopping enforcement

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U.S. Supreme Court Justice Stephen Breyer has expressed a willingness to ban protesters from burning the Koran as the modern day equivalent of shouting fire in a crowded theater.The Supreme Court has ruled burning the American flag in protest is protected speech under the First Amendment of the Constitution.Breyer spoke to George Stephanopoulos on ABC's Good Morning America today:But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that -- in the internet age -- the First Amendment condones Koran burning.“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer...

RIVERSIDE, Calif. – A federal judge in Southern California has declared the U.S. military's ban on openly gay service members unconstitutional. U.S. District Judge Virginia Phillips on Thursday granted a request for an injunction halting the government's "don't ask, don't tell" policy for gays in the military. Phillips says the policy doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services. The lawsuit was the biggest legal test of the law in recent years and came amid promises by President Barack Obama that he will work to repeal the policy.

A California court has refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a ruling that overturned the state’s gay marriage ban, according to an Associated Press report. The 3rd District Court of Appeal in Sacramento on Wednesday denied a conservative legal group’s request to force the officials to defend Proposition 8 in court. The court did not give a reason why it turned down the request by the Pacific Justice Institute.

The Obama administration has shelved the planned prosecution of Abd al-Rahim al-Nashiri, the alleged coordinator of the Oct. 2000 suicide attack on the USS Cole in Yemen, according to a court filing. The decision at least temporarily scuttles what was supposed to be the signature trial of a major al-Qaeda figure under a reformed system of military commissions. And it comes practically on the eve of the 10th anniversary of the attack, which killed 17 sailors and wounded dozens when a boat packed with explosives ripped a hole in the side of the warship in the port of Aden.

AUSTIN, Texas, Aug. 25 (UPI) -- Former House Majority Leader Tom DeLay, R-Texas, will be tried on money laundering charges in Austin, a Texas judge ruled Wednesday. The ruling came as part of pretrial hearings during which DeLay argued he should be tried in Houston, near his home, because the case involves election matters, the Austin American-Statesman reported. His attorney, Dick DeGuerin also argued DeLay could not get a fair trial in Travis County. "I know there's negative feeling about Tom DeLay -- and it's strong," Senior District Judge Pat Priest said, adding DeLay could get a fair trial nonetheless....

Washington (CNN) -- Members of the U.S. Civil Rights Commission shouted at each other Friday over the Justice Department's decision to drop most of the charges in a 2008 incident in which black militants confronted voters at a Philadelphia, Pennsylvania, polling place, leading to charges of voter intimidation. Conservative commission members accused the Justice Department of "stonewalling" the commission's investigation into the dismissal, and called a Justice Department's response to requests for information "breathtaking and insulting." A liberal commission member, in turn, dismissed those complaints as the "last gasps of a conservative majority of this commission." At the end of...

NORMAN — A federal judge’s ruling Wednesday in California — and a federal judge’s decision last month in Massachusetts — have made conservative Oklahoma in the middle of the country an unlikely battleground for gay marriage. Longtime Broken Arrow couple Sharon Baldwin and Mary Bishop, who are the named plaintiffs challenging Oklahoma’s Constitutional amendment banning same-sex marriage, said California’s case does not carry any legal precedent in their own case. However, Baldwin said it shows “the tide is turning” and more judges could follow the lead of what has happened in California and Massachusetts. On the other side of the...

The Swiss government asked the U.S. Justice Department to release sealed transcripts in the Roman Polanski case just days before a Los Angeles judge was told that the Swiss did not request that information, according to a letter from Swiss officials that points to apparent miscommunication in the case. The officials said that the denial of access to the information was the key factor in the refusal to extradite the film maker to the U.S., according to the letter to the U.S. Embassy in Bern, Switzerland. A district attorney's spokeswoman said their office was never notified of the Swiss request...

For those who claim that vote fraud isn't a problem, Al Franken's election to the Senate demonstrates not only that vote fraud exists but also that it can alter elections and indeed the laws of the country. Murderers, rapists, and robbers may not be the people we want providing the crucial votes that determine what America's laws should be.

Senator Biden was the first questioner. Instead of the softball questions he’d promised to ask, he threw a beanball straight at my head, quoting from a speech I’d given four years earlier at the Pacific Legal Foundation and challenging me to defend what I’d said. ”I find attractive the arguments of scholars such as Stephen Macedo, who defend an activist Supreme Court that would strike down laws restricting property rights.” That caught me off guard, and I had no recollection of making so atypical a statement, which shook me up even more. “Now, it would seem to me what you...

Supreme Court nominee Elena Kagan is telling senators she'll do her best to consider cases impartially and with judicial humility, as she begins Judiciary Committee hearings facing Republicans charges that she'd let her political views color her decisions as a justice. "I will do my best to consider every case impartially, modestly, with commitment to principle, and in accordance with law," Kagan plans to tell senators as she heads into a marathon week of high-pressure vetting before the Judiciary panel, pressing to portray herself as a mainstream addition to the court.

Victoria Kolakowski, who's running for Alameda Count Superior Court judge in a November runoff election, declares on her campaign Web site that she hopes to make history."If I am elected, I would be the first openly LGBT superior court judge elected in Alameda County, the first openly LGBT person elected countywide, and the first transgender trial court judge in the United States," it states. The question is how much it should matter. Kolakowski, 48, transitioned from male to female in 1989 during her last year in law school and had sex reassignment surgery in 1991. She has 21 years of...

Ukiah, Calif. (AP) -- A Northern California man who fatally shot a family friend accused of molesting him for years was sentenced Tuesday to nine years in prison in the vigilante shooting. Aaron Vargas, 32, was sentenced after pleading no contest to voluntary manslaughter in the death of 63-year-old Darrell McNeill.Vargas said McNeill began sexually abusing him when he was 11 . . . several other people ... came forward to say McNeill had molested them.Hundreds of supporters ... asked authorities for leniency for the shooter.. . . Judge Ronald Brown said he imposed the harsher sentence because he believed...

It is no secret that progressives have created a self-cloning machine by hijacking our educational system. Their indoctrination efforts are well documented. But we rarely think of research institutions as propaganda factories. A Request for Proposal (RFP) — see document above — recently obtained by Big Journalism gives us a rare look at how progressives and labor unions attempt to manipulate the national media narrative. And their process? you may ask. Use the credibility and resources of the American higher education system to create researchprop – biased collegial research papers that serve as propaganda to support political policies. Entitled Cry...

The doctor was the victim of "bad luck," medical board saysThe state Board of Medicine has ruled a South Florida surgeon, who took out a healthy kidney instead of a gallbladder during an operation, wasn't inept or careless. The board said Bernard Zaragoza is a good doctor, but he had bad luck. We'd say it was the patient who had the worst luck. The unidentified man died of heart failure three weeks after the surgery. In 2007, Zaragoza operated on an 83-year-old patient who was having some internal issues in Miramar. The patient's kidney was located where his gallbladder should...

<p>With a judge's earlier ruling that Chicago Police Officer John Ardelean had been arrested and detained without probable cause, Cook County prosecutors today dropped all charges against him in a crash that killed two people.</p> <p>The 36-year-old officer was charged with drunken driving and reckless homicide after his SUV broadsided a car on Thanksgiving 2007.</p>

Ohio's highest court has ruled that a person may be convicted of speeding purely if it looked to a police officer that the motorist was going too fast. The Ohio Supreme Court ruled Wednesday that an officer's visual estimation of speed is enough to support a conviction if the officer is trained, certified by a training academy, and experienced in watching for speeders. The court's 5-1 decision says independent verification of a driver's speed is not necessary. The court upheld a lower court's ruling against a driver who challenged a speeding conviction that had been based on testimony from police...