Get ready for the cognitive dissonance among many on both left and right: Second Circuit chief judge Dennis Jacobs, long a favorite of the Federalist Society (and of mine), has written the opinion striking down section 3 of the Defense of Marriage Act (DOMA) in Windsor v. U.S. I have more at my Maryland for All Families blog.
Posts Tagged ‘Maryland’
Maryland roundup
- Md. Access to Justice Commission pushes controversial Civil Gideon, lopsided fee shift rules [report]
- Montgomery County voters will decide on extending police collective bargaining [WaPo]
- “Baltimore: The city that sues the banks” [Fortune]
- “New Pit Bull Dog Bite Law in Maryland? Not So Fast” [Ron Miller, earlier] “Landlords Held Responsible For Pit Bull Injuries; Tenants Face Eviction and Legal Battle” [CBS Baltimore]
- Maryland pays far higher fees to investment managers for its pension fund than most states do. How’d that happen? And should states rely on index investments instead? [Governing]
- Legislature not final word? State’s high court mulls ditching contributory for comparative fault [WaPo]
- Business appalled at Montgomery County Council bill requiring 90 day severance to service contractors’ employees [Washington Examiner, Gazette]
Lawmaker tries to shut up linebacker, cont’d
I’ve got a post at Maryland for All Families following up on the free-speech controversy that flared up when Del. Emmett Burns, a Democratic lawmaker in Annapolis, wrote to the owner of the Baltimore Ravens demanding he silence linebacker Brendon Ayanbadejo, a vocal advocate of same-sex marriage (earlier). Discussion elsewhere: Rob Tisinai/Box Turtle Bulletin, Amy Alkon, Howard Wasserman/Prawfs, BaltimoreRavens.com (team’s front office supports Ayanbadejo), David Frum, and a First Amendment analysis from Hans Bader.
Update: Amid widespread public support for Ayanbadejo, Del. Burns has now backed off his attempt to muzzle the linebacker [Baltimore Sun] Did any prominent critics of same-sex marriage speak up in favor of the Ravens linebacker’s free speech? If not, they missed an opportunity to underline the principled nature of their oft-voiced concern that those on the “wrong” side of the marriage issue will face official retaliation.
Del. Emmett Burns to Baltimore Ravens: silence that troublesome player
Wow. Del. Emmett Burns (D-Baltimore County), an opponent of same-sex marriage, fired off a letter to the owner [PDF] of the Baltimore Ravens on legislative stationery demanding that he silence Brendon Ayanbadejo, an outspoken marriage advocate. Pretty much every conservative commentator in America (properly) denounced the Boston mayor and Chicago alderman for menacing Chick-Fil-A. I hope some of them will speak up against this abuse of government office as well. [NBC Sports Pro Football Talk]
More, Eugene Volokh finds it “a pretty inappropriate thing for a legislator, speaking in a way that stresses his role as legislator, to say to a private employer. There is no express threat of retaliation here, but such letters to private businesspeople — who often have to deal with legislature on various regulatory issues — tend to carry something of an implied threat, especially when they stress the author’s legislative position.” Note also that what Burns is “requesting” in his letter is accompanied by a peremptory demand for an “immediate response.” And update: following an outcry in which the public overwhelmingly took the player’s side, Del. Burns has backed down.
Politics roundup
- “Someone tell Gov O’Malley that Swiss bank UBS is helping build a Maryland bridge.” [background; State of Maryland, PDF, via Dan Alban] Dems’ trade xenophobia escapes ire aimed at GOP’s purported immigration xenophobia [Barro] “Buried in the 2012 Democratic platform: Official declaration of war on Switzerland.” [@daveweigel]
- Are you better off than you were four years ago? Kyle Graham traces that question back to 1900, and no doubt it’s older [ConcurOp]
- Fact-checkers snooze during Dems’ Lilly Ledbetter show [Ted Frank/PoL, Hans Bader/Examiner] Read in full context, Obama’s “you didn’t build that” remarks “would inspire largely the same reaction.” [Larimore, Slate]
- Former Florida Gov. Charlie Crist is least surprising Dem endorser of the year, as Overlawyered readers have reason to know [Betsy Woodruff, NRO, on Morgan & Morgan connection]
- Great Society legacy: tax-funded nonprofits play key role in NYC corruption [Steven Malanga, WSJ]
- “Details of the Auto Bailout You Won’t Hear in Charlotte” [Dan Ikenson, Randal O’Toole, Cato; Tim Carney, Washington Examiner (“Here’s the truth: what Romney proposed for Detroit was more or less what Obama did”); Shikha Dalmia on Gov. Jennifer Granholm]
- HHS welfare waivers: fact-checkers, check thyselves [Kaus, more, Steve Chapman]
Maryland roundup
I’ve been writing more lately on policy issues arising in my adopted state, such as the boat tax and Baltimore’s fight with liquor stores, and you can keep up by following my local Twitter account @walterolsonmd:
- If you think the current federal crusade on disparate minority school discipline rates is unreasonable, check out the Maryland state board of education’s even loopier plans for racial quotas in discipline [Hans Bader and letter, Roger Clegg/Center for Equal Opportunity] “However, there’s no plan for gender balance in school discipline.” [Joanne Jacobs]
- After the state’s high court stigmatized pit bulls as distinctively dangerous, the state legislature has (as warned of in this space) reacted by extending liability to owners of all dogs, “first bite” or not [WaPo] “The trial lawyer’s expert just testified he sees dogs as a man or woman’s ego on the end of a leash.” [Mike Smigiel]
- A Washington Post article asks: “Is the ‘nanny state’ in Montgomery working?” (No, but it makes councilors in the affluent liberal redoubt feel good about themselves.) And even in Montgomery, councilman George Leventhal (D-At Large) spots a Laffer Curve [Dan Mitchell, Cato at Liberty]
- Also in Montgomery, county slates vote next month on union-backed bill to require service contractors to take over employment of displaced workers for 90 days [Gazette] Leventhal is caustic: “I do not only work for SEIU 32BJ. My colleagues may feel they do.” [Rachel Baye, Examiner]
- Despite its solicitude for the SEIU, the county’s concern for low-income workers has its limits, as when property owners seek to increase the stock of affordable housing near jobs by dividing one-family residences into two-family [Ben Ross, Greater Greater Washington]
- “Doctors, hospitals concerned about hefty malpractice awards” [Baltimore Sun]
- MD public pension planners whistle through graveyard [Hayley Peterson, Washington Examiner, Tom Coale/HoCoRising, Ivan Osorio, CEI “Open Market”] The state still hasn’t shaken its AAA bond rating, but Annapolis lawmakers are working to change that by unionizing more state workers [Washington Times]
Maryland’s maritime tax mistake
My new post at Cato: “It’s as if the lawmakers in Annapolis didn’t realize that boats are mobile. I wish someone could have explained that to them.” [“Chesapeake Prosperity Sunk By Boat Tax“]
P.S. Not unrelated, Bloomberg video profiling Cherubini firm discusses ill-fated 1990 federal luxury boat tax, repealed after two years, which badly hurt U.S. boat builders by driving buyers abroad (via Chris Fountain).
Chicken scraps
- I joined hosts Mark Newgent and Andrew Langer of RedMaryland on their BlogTalkRadio show Monday evening to talk about the Chick-Fil-A furor, the efforts of politicians in Boston and Chicago to use regulatory permissions to push the company around, and the resulting lessons for political and economic freedom; I went on to discuss my efforts to rally opinion in favor of Maryland’s new same-sex marriage law. You can listen here or here (UStream).
- Relatedly, here is Ted Frank’s comment: “Every chicken sandwich you don’t buy deprives anti-gay organizations of approximately $0.0001. Probably less than that. Or, you can do what I did and donate some real money that might actually make a difference to [Marylanders for Marriage Equality] to campaign about the gay marriage initiative on the ballot in that state.”
- “Unwise…won’t work.” The New York Times, oft indignant on other topics, seems rather tepid in criticizing the various city halls’ attacks on speech;
- No united flock: the restaurants in question, many run by strong-minded independent franchisees, seem to be politically a various bunch themselves.
- Speaking of non-united flocks, I think the ACLU’s Illinois affiliate may have a thing or two to teach its Massachusetts affiliate. Following the Chicago alderman’s threats to block the restaurant, ACLU of Illinois attorney Adam Schwartz was both forceful and correct: “what the government cannot do is to punish someone for their words. … We believe this is clear cut.” On the other hand, Carol Rose of the ACLU of Massachusetts strangely dismissed the Boston controversy as “little more than a war of words – which is protected by the First Amendment as core speech,” as if the Mayor had merely subjected the sandwich chain to a volley of verbal abuse, without more. Perhaps Ms. Rose wrote the piece while glancing only at Mayor Menino’s official letter to Dan Cathy, which stays generally within “war of words” territory, and was unaware of the July 20 coverage in the Boston Herald, which quoted Menino thus: “If they need licenses in the city, it will be very difficult — unless they open up their policies.” That’s no more a mere “war of words” than “If you run that editorial, I’ll have you arrested.”
- More coverage: Tom Palmer Cato podcast; Hans Bader of CEI First Amendment analysis; David Boaz, Roger Pilon and Brad Smith at Politico; must-read Glenn Greenwald column; earlier here, etc.
- And: “By handing Chick-fil-A a valid grievance, Menino and his ilk rallied popular support for the company” [Josh Barro, Boston Globe]
- Yet more: Pressure group friendly to Chicago alderman filed antidiscrimination complaint based on chain execs’ speech [Volokh; HuffPo (“negotiation”)] Some further thoughts on where the First Amendment’s relevant in the whole affair, and where it isn’t [Jim Huffman, Daily Caller]
Politics roundup
- Vice President Biden raises at least hundreds of thousands of dollars at AAJ annual convention in Chicago [PoL] Romney’s law and legal policy team [Brian Baxter, AmLaw Daily]
- Law star Ted Cruz advances toward Senate [David Lat, AtL]
- Can Republicans make hay out of Democrats’ platform endorsement of same-sex marriage? New Pew poll, as well as May polling round, offers reasons to doubt that [my new post at Maryland for All Families]
- “Why Citizens United Has Nothing to Do with What Ails American Politics” [Ilya Shapiro, The American, more]
- Bridgeport mayor Joseph Ganim, of gun-suit fame, a step closer to getting law license back after serving 7-year prison term for corruption [Courant] Eight more indictments as the Connecticut corruption scandals roll on [Conn Post]
- Rob McKenna’s star on rise in Washington; he’s pursued public-liability reform as the state’s attorney general [Daily Caller, earlier]
- Bypassing public financing, West Virginia judicial candidates pour their own injury-law fortunes into races [Richie Heath, Charleston Daily Mail]
- “How hot is it in DC today? Congressman Paul is using a paper money substitute because his actual money melted.” [Tim Carney]
Freebie phones everywhere
Thanks to the federal Lifeline Universal Service program — you helped pay via an extra line of charges on your own bill — freebie cellphones now abound in many American cities, with 231,000 having been given away in Maryland alone [Fox Baltimore via Amy Alkon]