In Idaho, the feds are charging a woman with a crime that carries up to 6 months in jail for spilling a soda.

U.S. Attorney Tom Moss plans to bring two charges against Natalie Walters, 39, stemming from an Aug. 20 incident at the Boise Veterans Affairs Medical Center, the Idaho Statesman reports. If convicted, she could face up to six months in federal prison on each count.

Walters, who routinely takes her father to the Boise hospital for treatment, said there is no posted price for soda refills at the center's cafeteria, and she's typically charged between $1 and $1.50 for filling her mug, according to the paper. On Aug. 20, she was charged $3.80, which lead to the dispute and Walters dumping the soda on the cafeteria counter.

Walters is charged with three misdemanors: [More...]

The only way for Bob Barr to win a state is to remove John McCain and Barack Obama from the ballot. Barr is giving that strategy a try in Texas.

Bob Barr, the Libertarian Party's nominee for president, has filed a lawsuit in Texas demanding Senators John McCain and Barack Obama be removed from the ballot after they missed the official filing deadline. "The seriousness of this issue is self-evident," the lawsuit states. "The hubris of the major parties has risen to such a level that they do not believe that the election laws of the State of Texas apply to them."

Barr thinks the two major party candidates missed state-imposed deadlines to be certified as their party's candidate and should therefore be removed from the Texas ballot. Neither candidate was nominated in time to be certified as the party's nominee. The likelihood that a court will allow Barr to tamper with a federal election because candidates failed to satisfy an impossible requirement of state law is not high.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

-Article VI, Clause 2 of the US Constitution

Of all the articles, clauses and sections of the Constitution, it can be argued that the Supremacy Clause is the most direct and unambiguous. "Shall be the Supreme Law of the Land" is pretty conclusive. And yet one of the most confusing and disputed areas of the law is the preemption doctrine - particularly the concept of implied preemption. Today, Adam Liptak writes about an important case on preemption to be heard in the Supreme Court:

It's official. Alaska "First Dude" Todd Palin, husband of Gov. Sarah Palin, will refuse to comply with the subpoena issued last week to testify before the Alaska Senate Judiciary Committee on TrooperGate.

Instead of taking the 5th, something we could respect as his constitutional right, he's claiming he can't get a fair hearing. Republican politics as usual.

A state Senate committee is scheduled to meet Friday to take statements from the 12 people they subpoenaed last week, including Todd Palin. But McCain-Palin spokeswoman Maria Comella said Todd Palin would not face a "fair hearing" before the Senate Judiciary Committee.

More...

A couple of months ago, TalkLeft asked whether the government is tracking your cell phone's movement. We know the government asks cell phone service providers to turn over location records that show the coverage area in which a subscriber's cell phone was transmitting on specified days. The question is whether the police need to show probable cause to obtain a court order for production of those records.

[A recent] ruling (.pdf) from Judge Terrence McVerry of the Western Pennsylvania U.S. District Court deals a blow to investigators who have been getting cellphone location data on in the past simply by proving to a judge that the information would be relevant to an investigation. That's the same standard used to force a telephone company to reveal the name and address of a subscriber.

Judge McVerry affirmed a well reasoned decision (.pdf) by Magistrate Judge Lisa Pupo Lenihan. The decision recognizes that "the ex parte nature of the proceedings, the comparatively low cost to the Government of the information requested, and the undetectable nature of a CSP’s electronic transfer of such information, render these requests particularly vulnerable to abuse." [more...]

Since this announcement in May that Dallas County had set a record with 17 exonerations of innocent prisoners due to new DNA testing, Dallas has broken its own record twice. TalkLeft reported exoneration 18 here. The next record-breaker could come tomorrow.

After nearly 26 years [in prison], the Dallas man [Johnnie Earl Lindsey] is one step closer to freedom this week after DNA test results showed that he was not the man who sexually assaulted the woman, said his attorney, Michelle Moore. ... "Hopefully he'll be released," said Ms. Moore, an assistant Dallas County public defender and a board member of the Innocence Project, a legal group that seeks to get wrongful convictions overturned.

Lindsey was convicted on the basis of a bad witness ID that probably resulted from showing the victim a suggestive photo array. [more...]

Retired Oregon Supreme Court Justice Betty Roberts recounts a career filled with obstacles and achievement in her memoir, “With Grit and By Grace.” Karen McCowan reviews the book.

“I stacked up in my mind the many times a man had told me, ‘You can’t,’ ” she writes. “Just in the previous seven years: I’d been told by a male registrar that I couldn’t major in physical education; by my husband that I couldn’t teach; by a male minister that I should never have gone to college; and by a male academic adviser that I should be happy being a housewife. Twice I’d been forced to shift jobs to another school district — once to be able to teach rather than be a dean according to a superintendent’s decree. Once I’d been fired when I ran for public office, just because another male superintendent had disliked the idea.”

But Roberts, then 39, refused to be defeated.

[more ...]

The CNN poll of polls is out, showing that leading national polls show Barack Obama with a 3 point lead over John McCain.

The latest poll of polls consists of four surveys: CBS/The New York Times (September 12-16), Gallup (September 15-17), Diageo/Hotline (September 14-16) and American Research Group (September 13-15). It does not have a sampling error.

The economic crisis has given Obama and his running mate, Sen. Joe Biden, the opportunity to go on the offensive. Most Americans see Obama as more capable than McCain when it comes to the economy, polls indicate.

CNN reports Gov. Sarah Palin may have peaked. Not a moment too soon, in my view. And it's not just me. [More...]

Leaving the snark aside on the Zapatero Affair, it seems clear to me that John McCain either did not recognize the name Jose Luis Rodriguez Zapatero, the leader of the government of Spain, or did not understand the question presented to him (somewhat understandable given the accent of the questioner) about Zapatero. My first inclination was to give McCain the benefit of the doubt - I know he knows who Zapatero is, and I know he knows Spain is a NATO ally. To me it seems clear he was thinking of the Zapatista rebels in Chiapas (he tangents into discussing the Mexican President Calderon in response to the question.) [More . . .]

The Supreme Court gets all the press, but the real action is in the lower courts. The Republican business community has made it a priority since the Reagan years to fill the federal courts with business-friendly judges. Many of those judges are hostile to employment cases, and they have come to populate the district and appellate courts. One reason to vote Obama/Biden that receives too little attention is the desperate need to balance the courts with judges who take a less biased view of employment discrimination cases.

The American Constitution Society released a study (pdf) to be published in its official journal, the Harvard Law and Policy Review, which (according to an ACS email) "shows that the federal courts are increasingly hostile to plaintiffs in employment discrimination cases." This is obvious to those of us who follow (with intense frustration) federal employment cases.[More ...]

Beth Evans discusses a problem in Wyoming that's prevalent throughout the country. States take different approaches to juvenile justice that range from harshly punitive to restorative or rehabilitative. But even within states, different counties seem to be enforcing vastly different systems of juvenile law.

A juvenile incarcerated in Natrona County is likely to be detained for a Minor In Possession (MIP)-alcohol related offense. A child in need of supervision (CHINS) in Laramie County is apt to end up at the nearby juvenile detention center. It’s not uncommon for Sweetwater County youth to be placed in a facility outside their home county, even though the County has its own juvenile detention center. And, in Campbell County, juveniles are sentenced to an adult jail that can’t insure sight and sound separation between adult and juvenile inmates.

[more ...]

Bill Peterson, the former district attorney of Pontotoc County, Oklahoma, and two investigators who were involved with Peterson in the trial and conviction of Ron Williamson and Dennis Fritz, didn't like the way they were portrayed in John Grisham's book, "The Innocent Man." Williamson and Fritz were convicted of murdering cocktail waitress Debbie Sue Carter. Twelve years later, DNA evidence exonerated them.

Peterson and the investigators sued Grisham for libel. They also sued "Barry Scheck, founder of the New York-based Innocence Project and an attorney for one of the men falsely accused in the murder." U.S. District Judge Ronald White has wisely dismissed the lawsuit. [More...]