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U.S. Supreme Court Upholds Commerce Clause Authority to Regulate Use of Armor and Bullet Proof Vests
by Kentucky Attorneys
WASHINGTON — The Supreme Court gave a strong hint Monday that the justices are not anxious to rein in Congress’ broad power to pass regulatory laws under the Constitution’s commerce clause, the key point of dispute in the pending court battles over President Obama’s health insurance law.
By a 7-2 vote, the justices turned down a constitutional challenge to a 2002 law that makes it a federal crime for a felon to have body armor or a bulletproof vest. The law came in response to several shootouts involving police, including a bank robbery in North Hollywood where the robbers came equipped in body armor.
But the dispute in the Supreme Court concerned only whether Congress had the power to enact a law regulating the possession of a product — in this instance, body armor. An appeal filed on behalf of Cedrick Alderman, a Seattle man, argued that the possession of a bulletproof vest had nothing to do with interstate commerce and, therefore, was beyond Congress’ power.
“The federal power claimed is the authority to regulate anything — from the possession of French fries to the local theft of a Hershey’s Kiss,” Alderman’s lawyers argued.
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Study Concludes Drug Dogs Err 50% of the Time in Making Drug Hits
by Kentucky Attorneys
Study Concludes Drug Dogs Err 50% of the Time in Making Drug Hits – Was Judge Billingsley Correct When He Adopted the Shaw Test For Introduction for Drug Dog Evidence?
Fox news. Jan. 8, 2011
Chicago – Thursday, an analysis of state data by the Chicago Tribune showed that drug-sniffing dogs are wrong more often then they are right. We were joined now by dog trainer, Alex Rothacker, who said that the study was misleading. We put his dog Thor to the test in our newsroom with help from Lake County Sheriff Officer Tony Fanella.
Rothacker said that the dogs are trained to be so sensitive, they can detect residue of drugs, which can lead to “false positives.”