Word: lederman
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...barred gay people in Florida from adopting children. The decision came after a week packed full of dueling expert testimony over whether any evidence supports the state's contention that children are put at risk when raised by gay parents. The answer, said Miami-Dade Circuit Judge Cindy S. Lederman, is not at all: "The Department's position is that homosexuality is immoral. Yet, homosexuals may be lawful foster parents in Florida and care for our most fragile children who have been abused, neglected and abandoned. As such, the exclusion forbidding homosexuals to adopt children does not further the public...
Rejected now by both court and bureaucracy, the Bybee Memo may have no effective existence. But its notoriety is certain to outlive this Administration. Indeed, critics believe it will be part of the Bush legacy. Says Martin Lederman, visiting professor with the Georgetown University Law Center and former adviser to the Office of Legal Counsel: "the memo will be seen as one of the most extreme deviations from the rule of law and from the President's obligation to take care that the law is faithfully executed...
...Some liberals saw this double-tracking of treaty approval as an erosion of America's respect for international law. Law professor Marty Lederman of Georgetown University, writing on the widely read Scotusblog after the decision was handed down, called the majority opinion by Chief Justice John Roberts "an implausible interpretation" that was "potentially very troubling for construction of treaty obligations going forward." He worried that by letting states ignore treaties unless Congress ordered them to abide by them, the Supreme Court had opened the door for chaos in compliance with all international...
...Marty Lederman, a visiting professor at Georgetown University Law School, points out, al-Marri was already on ice. He was being held on credit-card fraud and other criminal charges for 16 months before the President abruptly designated him an enemy combatant in June 2003 and had him moved to a military prison. And the move came shortly after a court scheduled a hearing on al-Marri's motion to suppress evidence allegedly obtained through torture...
...that his guards' abuse made him incompetent to stand trial; as with al-Marri, the government has changed its legal approach against Padilla, initially branding him an enemy combatant and then, when it seemed that it might lose its case before the Supreme Court, deciding to charge him criminally. Lederman says the improper reason for declaring al-Marri an enemy combatant will probably doom the government's appeal in the case...