The American Trial Lawyers Association

Today's top story – A veteran of the Iraq War, along with the mothers of two other soldiers, have taken their fight against the war to court. The lawsuit filed last May claims that, despite being authorized by Congress in fall 2002 to deploy armed forces against Iraq as he deemed necessary, President George W. Bush overstepped his constitutional authority by invading the country six months later without formally declaring war. Yesterday, the case was presented before a federal judge, where the defense was attempting to get the case thrown out, on the grounds that the court didn't have jurisdiction over the matter. However, the plaintiffs have found an unlikely ally in Supreme Court Justice Antonin Scalia. Scalia isn't actually on their side, but a ruling he made last year is coming back into play. Plaintiffs pointed to Scalia's strict interpretation of the Constitution in a decision last year that affirmed the right of homeowners to own guns for self-defense, and said that it's all about the original intent of the founders. When this country was founded, it was made clear that only Congress could declare war. In the case of Iraq, Congress authorized force, but never declared war. The plaintiffs said that they aren't seeking to change current policy, but that they do hope to set a precedent for the future.


In other news, if you live in the Western part of the US and you like drinking water here's a bit of advice – Get it while you still can. According to a new report by the National Academy of Sciences, if future predictions of climate change are correct, water delivery for at least 7 US states will be severely hindered. The threat comes from the Colorado River, which supplies drinking water to numerous states. As the climate continues to shift, scientists predict that parts of the river, as well as many other bodies of water that feed into it, could dry up to a point where water delivery is no longer an option. The study found that, with a 20 percent reduction in runoff, by 2050 nearly 9 of every 10 scheduled deliveries would be missed. Scientists believe that there are a few options, such as water reuse and conservation that could curtail this problem, but so far there have been no suggestions on how to prevent this problem altogether.


And finally today, if you're having a hard time finding a job in this economy, the adult entertainment industry has an idea for you – Come to one of their career fairs. In heavily populated areas like Dallas, Texas, the jobless rate has risen so high and people are getting so desperate that many strip clubs are now flooded with applications. This has led them to announce a job fair for those who are seeking any kind of employment. According to one strip joint, even corporate managers who've found themselves without work are applying for jobs ranging from strippers to bouncers, which are needless to say, well below their skill level. The Jobless to Topless Job Fair – which is the actual name of the one in Dallas - will be accepting applications for management, entertainers, waitresses, beer bar girls, door girls, bar back, bartenders, kitchen staff, DJs and hair and makeup specialists. So if you happen to be in Dallas today, make sure you check it out. And if you do, please email us and let us know how it goes.

Labels: Climate Change, Colorado River, Constitution, Dancing, Farron Cousins, Global Warming, Iraq War, Lawsuit, Legal, Strip Club, Stripper, Topless, Veteran

A new television ad against same-sex marriage is being slammed as deceptive and full of "half-truths" by gay rights groups. According to one report, $1.5 million will be spent to air the ads in four Northeastern states, which are considering gay marriage bills. The National Organization for Marriage's ad depicts individuals, from a wide range of ethnic backgrounds, standing against a backdrop of stormy clouds. With lines like --- “The clouds are dark and the winds are strong” and “They want to bring the issue into my life,” and “My freedom will be taken away” --- the ad is filled with ominous hints that gay marriage advocates seek to impose their values on others. After suffering a serious setback in November with California voters' passage of Proposition 8, gay rights advocates have enjoyed a slew of victories in the last week. The victories include an Iowa Supreme Court verdict in favor of gay marriage, the Vermont legislature's legalization of gay marriage and a vote by the District of Columbia city council to recognize other states' same-sex marriages. If you haven't seen the ad, here it is…As you can see, they provide no specific examples of how their rights will be taken away, nor do they explain how this is a bad thing. Its just a bunch of close-minded people who want to take away the rights of people different from them.


In other news, according to a new investigation published this week, US military officers pressured Army medical personnel not to diagnose soldiers with post traumatic stress disorder in an apparent effort to save money and reduce benefits. Interviews conducted by Mark Benjamin and Michael de Yoanna for Salon revealed that at least two Army medical personnel say they've been pressured by higher-ups to avoid giving wounded soldiers post traumatic stress diagnoses. The said that the VA has also jumped on board and has even stepped in after some diagnoses to claim that soldiers don't have PTSD, even though they clearly did. So why is the Army writing off PTSD diagnoses? A former Army psychologist who now chairs a Texas university psychology department explained that each diagnosis is an acknowledgment that psychiatric casualties are a huge price tag of this war, and its easiest to dismiss these casualties because you can't see the wounds. If they change the diagnosis they can dismiss soldiers at a substantially decreased rate.


And finally this week, in a stunning defense of President George W. Bush's warrantless wiretapping program, President Barack Obama has broadened the government's legal argument for immunizing his Administration and government agencies from lawsuits surrounding the National Security Agency's eavesdropping efforts. In fact, a close read of a government filing last Friday reveals that the Obama Administration has gone beyond any previous legal claims put forth by former President Bush. For the first time, the Obama Administration's brief contends that government agencies cannot be sued for wiretapping American citizens even if there was intentional violation of US law. Both the Electronic Frontier Foundation and the American Civil Liberties Union say the "sovereign immunity" claim in the context of the case goes farther than any previous Bush Administration claims of wiretap immunity. This story comes as a devastating blow to everyone who was expecting the criminal reign of the last 8 years to be over. This kind of makes you wonder if Karl Rove is still hiding behind the scenes pulling the strings.

Labels: Ad, Barack Obama, Diagnos, Doctor, Farron Cousins, Gay Marriage, George W Bush, Lies, National Organization for Marriage, Northeast, Post Traumatic Stress, PTSD, Telecom Immunity, VA, Veteran

From Star Tribune:

Associated Press


Last update: March 2, 2009 - 9:21 AM



WASHINGTON - The Supreme Court has turned down American and Vietnamese victims of Agent Orange who wanted to pursue lawsuits against companies that made the toxic chemical defoliant used in the Vietnam War.


The justices offer no comment on their action Monday, rejecting appeals in three separate cases, in favor of Dow Chemical, Monsanto and other companies that made Agent Orange and other herbicides used by the military in Vietnam.


Agent Orange has been linked to cancer, diabetes and birth defects among Vietnamese soldiers and civilians and American veterans.


The American plaintiffs blame their cancer on exposure to Agent Orange during the military service in Vietnam. The Vietnamese said the U.S.' sustained program to prevent the enemy from using vegetation for cover and sustenance caused miscarriages, birth defects, breast cancer, ovarian tumors, lung cancer, Hodgkin's disease and prostate tumors.


All three cases had been dismissed by the 2nd U.S. Circuit Court of Appeals in New York.


The appeals court said that lawsuit brought by the Vietnamese plaintiffs could not go forward because Agent Orange was used to protect U.S. troops against ambush and not as a weapon of war against human populations.


The other two suits were filed by U.S. veterans who got sick too late to claim a piece of the $180 million settlement with makers of the chemical in 1984. In 2006, the Supreme Court deadlocked 4-4 on whether those lawsuits could proceed.


The appeals court ultimately said no to both. In one case, the court said companies are shielded from lawsuits brought by U.S. military veterans or their relatives because the law protects government contractors in certain circumstances who provide defective products.


In the third suit, the appeals court ruled that the companies could transfer claims from state to federal courts.

Labels: Agent Orange, Dow Chemical, Lawsuit, Supreme Court, Veteran, Vietnam, War