Open Letter to Chief Justice John Roberts

My Supreme Court petition has been re-filed after correcting the “insufficiently thick covers” complained of by the clerk’s office. I also wrote a letter to the Chief Justice to politely remind him that it’s 2015 and that the Supreme Court is behind all other federal courts, save for the Foreign Intelligence Surveillance Court (FISC) as I wrote about on My NSA Records, regarding modernizing filings and public access to court documents. Stuff like “accept electronic filings,” and “if paper filings are necessary, 8.5″ x 11″ paper should be acceptable.”

The Supreme Court should be an example to all other courts of the right way to accept filings, and instead is the most obscure. Let’s hope that John has a moment to read my letter.

Open Letter to Chief Justice Requesting Supreme Court Rules Change (.pdf)
Corbett v. TSA – Petition for Certiorari (Updated) (.pdf)

Texas Cops Rape Woman On Side of Road, Again, 18 Months After Paying $185,000 Settlement

Texas Cops Rape Woman On Side of RoadThere is a competition out there for worst policing in this country. New York has random searches without cause (cause… you know, the thing required by the 4th Amendment) known as “stop-and-frisk” (now replaced by sitting around and doing nothing in protest of the mayor refusing to grant them permission to brutalize protesters and other minorities). The heartland and midwest are the epicenter of random acts of civil forfeiture — cops confiscating cash from motorists because it “must be” drug money. Florida has a problem with law enforcement killing those in custody, refusing to investigate, and getting testy when someone decides that outside investigations are necessary.

But then there’s Texas, where police assholery is Texas-sized.

About a year and a half ago, a story broke where two women were “cavity searched” on the side of the road on suspicion of having drugs. That suspicion was based on no actual evidence, of course — just “a hunch” by the officers, which proved to be mistaken. A female police officer literally bent these women over on the side of the road and placed her fingers inside of these women’s vaginas (and no, she didn’t even have courtesy to change gloves between the two searches). The state settled a lawsuit for $185,000, and a grand jury indicted the female officer. She eventually plead guilty and was sentenced to a slap on the wrist.

Did Texas learn their lesson? Of course not, they just did it again.

Two Months In: A Review of Law School At Northwestern California University

In November I announced that I would begin law school at one of California’s part-time, distance learning schools, Northwestern California University School of Law. Nearly two months later, here are my thoughts so far:

First, I’m impressed with the online community that the school has built. Their integrated online platform connects forums, video lectures (both live and recorded), course materials, chat sessions for Q&A, and more, which allows every student and faculty member to meet and engage with each other.

NWCU's Online Platform

NWCU’s Online Platform

I was concerned that not going into a school would mean that I would be essentially “on my own,” but what they’ve got going on more than meets expectations.

Second, I’m impressed with the format and content of the courses. Courses run for a year and four are taken simultaneously. The basic plan for every course is that there are case books (which are, as you might expect, big thick books containing highlights of the important cases relating to a particular area of law), outlines (books that walk you through the legal concepts one must understand for a particular area of law), and supplemental resources that must be read (or listened to, in some cases) over the course period. There are a few assignments to be turned in and graded for each course, and a final exam. After the first year, there is also a state exam to pass (the California “Baby Bar“), and after the fourth and final year, of course, the actual California bar exam.

Given the state tests, there is no room for screwing around. If you haven’t studied enough to bring you to where a first year law student at a full-time law school would be, you’re done. Which brings me to the third point, which is also something I like: the study is very, very self-paced. The assignments are all known to you at the beginning of the course and have pretty generous deadlines, but it’s up to you to keep track of. If you’re the kind of person who can study daily when nothing is due for a couple of months, you’ll be great, but if you don’t and try to leave it all to the last minute, it will be literally impossible. With freedom comes responsibility, and at this point in my life, I appreciate not being micro-managed by professors. Would I have been able to keep on top of my law school game when I was 22? Probably not, and I suspect most of the students at NWCU are not fresh out of college. My work with the TSA is also a distinct advantage in that most of the legal terms, and many of the concepts, are already quite familiar to me. If this were all completely new, I’d have to take things a lot slower.

The verdict: so far, I’m extremely happy with my decision. I’d recommend the program to anyone interested in a law degree, with the caveats that: 1) you have to press yourself forward, without hand-holding, every day for 4 years or you will fail, which may not be for everyone, and 2) if your aspiration is to work at a big law firm, they’ll probably still prefer the “big name school” — but working in a big law firm seems about as pleasant as chewing on broken glass, and there are so many people out there who need representation who, with a little business skill and creativity, you can find on your own.

Nude Body Scanner Case Headed Back to US Supreme Court

Despite a split vote in the 11th Circuit’s ruling that it is too late to challenge the body scanners, the court denied my petition to have the full court consider the matter. I will be petitioning the U.S. Supreme Court to review this case, and therefore will have 2 petitions pending before the high court (this one in addition to my other case which challenges the limits of checkpoint searches).

I’ve already had one rights group confirm that they will be filing an amicus brief in support of that petition. If you are a member, donor, or employee of a civil rights organization, please share with them your desire that they also file an amicus in the matter. Having a petition supported by well-known groups greatly increases the chances that the court will decide to hear the case.

Supreme Court Clerk Returns Petition for “Insufficiently Thick Cover”

I’ve blogged before about the absurdity of filing with the Supreme Court: the special 6.125″ x 9.25″ bound booklet that must be specially printed, the requirement to send 40 copies of everything, and most especially, the intake process which involves placing all of your documents inside of a garbage bag (no, not metaphorically… literally). Today, I got news that my petition for certiorari filed last month has been rejected by the clerk for having an insufficiently thick cover page, printing a table of contents on the back of the cover, and including a certificate of compliance within the booklet instead of as a separate page. This despite printing the document the exact same way as I did for my last petition, which was accepted without issue in 2012.

It is precisely this kind of nonsense, at the expense of delaying justice, that causes Americans to not only be afraid to participate in the judicial process, but to disrespect it. The documents they received were entirely usable, but now all 40 copies must be re-printed and my case pushed back by several weeks. It’s about time that the Supreme Court discontinue the mentality that it is a privilege to appear before them and accept filings on normal paper like every other court in the country.

Petition for U.S. Supreme Court Review: Must TSA Screeners Limit Searches to Weapons, Or Can They Read Your Documents At the Checkpoint?

Today I filed with the U.S. Supreme Court a petition for certiorari — a request that the review the decision of the 11th Circuit Court of Appeals who declared that the TSA can lawfully search for anything they think is suspicious, including by reading your documents. The ruling from the 11th Circuit, which covers Florida, Georgia, and Alabama, is in direct contrast to the 9th Circuit, which covers most of the Pacific time zone, who ruled repeatedly, and as recently as 2007, that TSA searches must be “no more extensive nor intensive than necessary, in the light of current technology, to detect the presence of weapons or explosives [and] confined in good faith to that purpose.”

Although I believe the above to be the most important issue I’ve raised, the petition also asks the court to take a look at numerous other questions, including whether TSA screeners are liable for assault and false arrest committed while on duty, whether they should reconsider their narrow interpretation that gutted the Privacy Act in 2012, and more.

The Supreme Court accepts an extraordinarily small portion of the cases presented to them. I hope they find review of a search that affects 2 million Americans daily to be worthy of their attention.

Corbett v. TSA – Petition for Certiorari (.pdf)

On This Four Year Anniversary, I’m Excited To Announce…

4th AnniversaryIt’s hard to believe that I’ve been working to roll back government abuse for 4 years, but today marks the anniversary of the filing of my first lawsuit against the TSA and the start of what now seems to be a lifetime passion for civil rights advocacy. With that in mind, to increase my efficacy as an advocate, I’m excited to announce that I am now officially a law student: Northwestern California University School of Law, Class of 2018.

California is one of the very few states to allow law school to be completed online, and NWCU’s 4-year, 100% distance learning law program will allow me to sit for the California bar and thereafter apply to the bars of most, if not all, other states. The tide is turning in favor of law degrees earned via Internet courses, with about a dozen schools offering all-online classes in California, William Mitchell in Minnesota offering a 50% online law degree, and many other schools across the country experimenting with putting at least a portion of their curriculum online. Law school will be a challenge: the time commitment is huge, the drop-out rate is high, and the bar pass rate is low, regardless of whether you attend an on-campus or online school. But if there’s anyone who can make this happen, I’m confident I can, and being able to do coursework while I travel makes this possible. I’ll be blogging about how things go, and today adding a new category, Law School, to the blog.

Tomorrow I’ll be announcing more exciting news, as my second petition for the U.S. Supreme Court’s review gets filed, and I share with you the amicus brief filed by a rights organization in favor of my petition for rehearing en banc before the 11th Circuit.

Just came back from the printers… ;)

Supreme Court Petitions

Petition for Full Eleventh Circuit to Hear TSA Nude Body Scanner Case Filed

Last month, I wrote that a divided 3-judge panel of the 11th Circuit voted 2-1 that my challenge to the TSA’s nude body scanners was too late to be heard, despite being the first person in the country to file a challenge after the TSA made the scanners primary screening, due to a law that requires challenges to TSA “orders” to be made within 60 days or be forever forfeited. I explained to the court why such a law must be found to be unconstitutional:

Let us examine a hypothetical situation: Congress passes a law that re-instates slavery, abrogates the right to vote for women, and requires school children to recite the Lord’s Prayer before each school day. At the same time, they pass another law that says that all challenges to the first law must be made within some timeframe – 24 hours, 1 week, 60 days, 1 year, or any other timeframe – of the law’s passing. President Obama signs this law. No one files a challenge before the deadline passes.

Do we now have legalized slavery? Have we ended suffrage? Has religious freedom been suspended? If someone comes to your door demanding, a day after the deadline has passed, that you pick their cotton, is it now “too late” to challenge whether or not you must oblige?

Petitions to re-hear a case en banc (in front of the full court) are rarely granted. But, I do hear that I have an amicus brief being filed in support of my petition — more on that soon. :)

Corbett v. DHS – En Banc Petition (.pdf)

OT: Guys Sue Red Bull Because It Didn’t “Give Them Wings”

One of the things I hate, and pretty much every non-lawyer hates, about the legal system is that at the end of the day, the only real winners are the lawyers, who bill $250 – $1,000+ per hour to fight over what is often an absurd battle. Take, for example, Careathers v. Red Bull:

Benjamin Careathers, a regular consumer of the fizzy drink, sued the company for false advertising, arguing that after 10 years drinking Red Bull he neither had wings nor any enhanced athletic or intellectual performance.

Source: The Telegraph

Now, I love Red Bull. I drink it all the time, and I follow their marketing campaigns because they are brilliant, so I’m interested as a businessman, and because they’re fun, so I’m interested as a consumer. Red Bull sponsors events all over the world, including their very own “Flugtag” event, and they have their catchy, “Red Bull Gives You Wings” tag line. But, as a consumer, I never expected to be “given wings,” nor did I believe any of the other stuff the lawsuit claims, such as their assertion that Red Bull misled consumers into thinking that Red Bull was scientifically proven to be superior to its competition. No, I buy Red Bull because I like it, not because I am delusional.

The case was certified as a class action, with the class being every Red Bull consumer since 2002. Red Bull has decided to settle this case rather than fight (by giving every customer $10 of free Red Bull), which brings us to the real reason for this suit, of course: the lawyers are asking for a $4.75 million dollar fee. I’m disappointed that Red Bull didn’t fight this battle, but totally understand that it’s a “cheap” (comparatively) way to make them go away and almost acts as a promo in itself as people rush to get their free 4-pack.

Luckily, as a member of the settlement class, I get to express my disappointment to the court, and will be filing my objection to the Red Bull settlement on Monday. Will this actually change anything? Probably not on its own, but courts have been known to reduce fees when finalizing settlements on class actions, so I hope my objection will weigh on that.

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