Monday, February 6, 2012

Constitutional Challenge by 'Sister Wives' Family.


Coincidentally, days after discussing this case and whether or not the Courts would agree to hear it due to its lack of ripeness, an article appeared in the newspaper.

The family brought suit against The State AG and Governor, as well as the Utah County Prosecutor. The matter was brought before the court on ripeness issues, since they were challenging the constitutionality of a Utah law under which they had not been prosecuted, nor had they even been charged.

The U.S. District Judge decided that the State Governor and AG will be removed as parties to the proceedings because they have a policy of not prosecuting adult polygamists and had not made any effort to do so against the Brown family.

On the other hand, even though Utah County prosecutors had not charged or brought court proceedings against the Browns, they had held press conferences confirming their intent to do so and had begun investigations into the family. This was thought to be enough to make the matter ripe for the courts to consider the matter.



Thursday, February 2, 2012

U.S. Supreme Court Justice Ruth Bader Ginsburg Interview with Al Hayat T...


As we discussed in class whether or not the the U.S. Constitution would work as well if was being proposed today, I thought this was an excellent article based on comments from sitting Supreme Court Justice Ruth Bader Ginsberg on the topic.

Some quotes from her;

(She) lauded the Founding Fathers' "grand general ideas that become more effective over the course of ... more than two sometimes-turbulent centuries," she also said she "would not look to the United States Constitution if I were drafting a constitution in the year 2012,"

Since World War II several other models have emerged that offer more specific and contemporary guarantees of rights and liberties, she said, pointing to South Africa's constitution, which she called a "really great piece of work" for its embrace of basic human rights and guarantee of an independent judiciary. She also noted Canada's charter of rights and freedoms and the European Convention of Human Rights.

Thurgood Marshall traveled to Kenya to draft its bill of rights, which he modeled after the European Convention on Human Rights. Unlike the U.S. Constitution, the Kenyan document guarantees rights to education, health, welfare and a right to work.