ACSBlog

  • August 19, 2014

    by Caroline Cox

    Ta-Nehisi Coates of The Atlantic provides historical perspective on the relationship between African Americans and the police.

    The NAACP Legal Defense and Education Fund reports that thirteen civil rights groups have issued a call for action and reforms in response to Ferguson.

    Max Fischer writes for Vox on police treatment of journalists in Ferguson, where the ACLU has already sued the city to stop harassing reporters and won.

    The Economist compares the likelihood of being shot by police in the United States to that in other countries, “adjusting for the smaller size of Britain’s population, British citizens are around 100 times less likely to be shot by a police officer than Americans.”

    The Editorial Board of The New York Times advocates for President Obama to more forcefully use his clemency power.  

  • August 18, 2014

    by Caroline Cox

    Fernanda Santos and Jason Schwartz of The New York Times report that Arizona is loose with its rules for conducting executions.  An ACS podcast from May sheds some light on how courts can prevent execution debacles, and the ACSblog provides in-depth examinations of the state of the death penalty.

    Kareem Abdul-Jabbar writes in Time that Ferguson is about class warfare as much as it is about systemic racism.

    The NAACP Legal Defense Fund calls on the Department of Justice to take “immediate action to end police brutality against unarmed African Americans.”

    The Atlantic’s Ta-Nehisi Coates argues that the idea that black people are ignoring intra-community violence should be immediately dismissed.

    In New York Magazine, Jonathan Chait asserts that the Founders were not Tea Partiers.

    Robert Barnes of The Washington Post considers whether the question of same-sex marriage was settled in a 1972 Supreme Court case.  

  • August 15, 2014
    Guest Post

    by Sarah Bronstein, Senior Attorney, Catholic Legal Immigration Network, Inc.

    The issue of unaccompanied children arriving at the U.S. - Mexico border has been the focus of a great deal of attention recently and presents unique challenges to our immigration system and the advocates who seek to help these children. The latest figures issued by U.S. Customs and Border Protection (CBP) show thus far in fiscal year 2014 (from October 1, 2013 – July 31, 2014), 62,998 unaccompanied children have been apprehended along the southern border. This is double the number of unaccompanied children apprehended in fiscal year 2013.

    The majority of children who have been apprehended at the border are from the Northern Triangle of Central America: Honduras, El Salvador and Guatemala. These countries currently have, respectively, the first, fourth and fifth highest homicide rates in the world. Large areas of these countries are controlled by armed gangs, leaving children particularly vulnerable to violence. Children report gangs attempting to recruit them as early as age ten. These children are not just fleeing poverty; they are coming because they fear for their lives.    

    These children need support to begin to recover from the trauma they have endured. Yet advocates have raised significant concerns about the conditions in temporary shelters set up by the U.S. government. After children are apprehended by CBP, the agency must transfer custody of unaccompanied children to the Office of Refugee Resettlement (ORR), part of the Department of Health and Human Services, within 72 hours of their arrest. Since the Homeland Security Act of 2002, ORR has been the federal agency that is responsible for the care and custody of unaccompanied children. For several years, ORR has operated temporary shelters throughout the United States to house children while ORR caseworkers seek to reunify them with family members or family friends in the United States. 

    In response to the dramatic increase in numbers of children apprehended by CBP, ORR opened three large facilities housed on military bases: Joint Base San Antonio – Lackland in San Antonio, Texas; Fort Sill Army Base in Oklahoma; and Port Hueneme Naval Base in Ventura, California. ORR announced at the beginning of August that due to slightly decreasing numbers of apprehensions, it would phase out the use of these three facilities over the next eight weeks.  Advocates had raised significant concerns about the conditions in which children were held at these facilities and the difficulty in gaining access by attorneys and legal workers due to security procedures at these military facilities. There have been reports that ORR plans to open another large facility to house unaccompanied children in the El Paso, Texas area, but those are thus far unconfirmed. 

  • August 15, 2014

    by Caroline Cox

    Congressman Emanuel Cleaver (D-Mo.) argues in The Guardian that the United States needs to get weapons of war out of middle America.

    Amanda Taub of Vox explains why America’s police force resembles “invading armies” and why the trend is dangerous.

    The Washington Post’s Petula Dvorak reports on how the events of Ferguson, Mo. resonate with black residents of Washington, D.C.

    Blair L.M. Kelley of The Root discusses the similarities between Dred Scott and the shooting of Michael Brown.

    In Salon, Chauncey Devega explains how white supremacy in the United States led to the death of Michael Brown and Eric Garner. 

  • August 14, 2014
    Guest Post

    by Peter M. Shane, the Jacob E. Davis and Jacob E. Davis II Chair in Law, Ohio State University, Moritz College of Law

    Headlines often describe President Obama as “going it alone” on public policy in light of congressional inaction.  But his boldest moves in favor of workers’ rights are rooted in an obscure statute enacted 65 years ago – the Federal Property and Administrative Services Act of 1949 (FPASA).  That statute’s explicit purpose is to establish “an economical and efficient system for . . . [p]rocuring and supplying property and nonpersonal services” for the federal government.”  Most important, it specifically empowers the President to “prescribe policies and directives that the President considers necessary to carry out” FPASA’s purposes.

    In late July, President Obama issued two important orders resting directly on his FPASA authority. Executive Order 13672 adds to the prohibitions on employment discrimination by federal contractors a ban on discrimination based on “sexual orientation” or “gender identity.”  Executive Order 13673 imposes a variety of measures to insure that federal contractors comply with state and federal labor laws. It further prohibits employers with federal contracts worth $1 million or more from insisting on the mandatory arbitration of worker complaints dealing with sexual assault or harassment or with claims arising under title VII of the Civil Rights Act of 1964. Last February, the President issued Executive Order 13658, imposing a higher minimum wage requirement on federal contractors, as well.

    These orders have important precedents. President Kennedy relied on FPASA to prohibit race discrimination by federal contractors, a requirement amplified by President Johnson. President Nixon relied on FPASA to require federal contractors to engage in affirmative action to achieve equality in employment. President Carter used FPASA to impose a temporary system of wage and price controls on federal contractors. President Bush required federal contractors to inform employees of their right not to join a union. These orders have all been upheld in court.