December 2009

  • December 14, 2009

    The Supreme Court added new cases to its docket this morning, including one involving the extent of privacy for employee text messages and another involving whether immigrants convicted of repeated drug possession charges can be deported.

    In City of Ontario v. Quon, the justices will determine whether Ontario, Calif., officials violated the privacy rights of several police officers by reading scores of text messages they sent via pagers issued by the police department. A U.S. District Court ruled against the officers, but the U.S. Court of Appeals for the Ninth Circuit ruled that the city had violated the privacy rights of police officers. Lewis Maltby, president of the National Workrights Institute, told the Los Angeles Times that the case "came down at a moment when there was virtually no protection for employee privacy. If it stands, it would mean employees for the first time could communicate at work with privacy." City officials, however, argue that employees should expect no privacy when using equipment provided by the employer.

    In Carachuri-Rosendo v. Holder, the justices will consider a ruling by the U.S. Court of Appeals for the Fifth Circuit that upheld deportation proceedings of a legal alien convicted of multiple, minor drug possession offenses. The Associated Press reported that while the Fifth Circuit upheld the deportation proceedings, other federal circuits have ruled in favor of immigrants.

    The high court also denied, without comment, a case involving four former Guantanamo Bay detainees who say they were tortured and denied their religious liberty rights. For more discussion of today's Supreme Court action see analysis from SCOTUSblog's Lyle Denniston here.  

  • December 11, 2009
    Earlier this week, the Heritage Foundation sponsored an event to promote the claim by some opponents of health care insurance reform that a law mandating individuals to purchase coverage would be unconstitutional. Covering the event, the National Journal's Stuart Taylor concludes that despite the arguments from conservatives the high court would and should uphold such mandates.

    Taylor writes that according to "most of the experts who have weighed in on whether the Supreme Court would uphold a mandate for individuals to buy comprehensive health insurance unless they're already covered by employer-based plans. They cite the justices' very broad reading since the New Deal of Congress's powers to regulate interstate commerce and to tax and spend." Taylor is not a fan of the high court's reading of the Commerce Clause, but concludes that the Supreme Court should defer to Congress and the executive branch to avoid "an all-out war between" the branches of government.

    Constitutional experts, such as law professors Erwin Chemerinsky and Robert A. Schapiro have more forcefully argued that individual mandates are constitutionally sound. See their arguments here and here

  • December 11, 2009
    BookTalk
    American Schools
    The Art of Creating a Democratic Environment
    By: 
    Sam Chaltain

     


    By Sam Chaltain, National Director of the Forum for Education and Democracy

     

    Ask different people to define what it means to be an American in a single word, and you'll hear the same answer: freedom. 

    In that one word we capture the historic, partly fulfilled promise of the United States. And we name an irresistible, universal human impulse -- to be in control of our own destiny, to feel visible to others, and to have a say in determining the shape of the world around us. 

    Alongside the need for freedom, there is an equally pressing human desire for structure safety and a sense of order to the world. 

    These universal needs -- for freedom on one hand, and structure on the other -- are particularly relevant to our nation's school leaders, who must strike the right balance between the two in order to create healthy, high-functioning learning environments. 

    In my years as an educator, I have witnessed scores of schools that choose, consciously or unconsciously, to value one of these needs at the expense of the other. I wrote this book to deliver a message to school leaders: You do not need to choose. It is possible -- indeed, essential -- to find the right organizational balance between individual freedom and group structure. In fact, research confirms that when school leaders do so, they create optimal conditions for student learning, motivation and engagement. 

  • December 10, 2009

    The Senate Judiciary Committee voted to advance three of President Obama's judicial nominations. The Committee approved the judicial nominations of Judge Denny Chin (left) to the U.S. Court of Appeals for the Second Circuit, Rosanna Malouf Peterson to the U.S. District Court for the Eastern District of Washington and William M. Conley to the U.S. District Court for the Western District of Wisconsin. The nominations await confirmation by the full Senate.

    Earlier in the week, Senate Judiciary Committee Chairman Patrick Leahy urged the Senate to confirm dozens of judicial and executive branch nominations being held up by Republicans. Leahy noted that nine nominations for federal courts and several nominations for critical leadership positions in the Department of Justice await Senate confirmation. "This year we have witnessed unprecedented delays in the consideration of qualified and noncontroversial nominations," Leahy said in a statement. "We have had to waste weeks seeking time agreements in order to consider nominations that were confirmed unanimously. I hope that instead of withholding consent and threatening filibusters of President Obama's judicial nominees, Senate Republicans will treat the nominees of President Obama fairly." 

    [image via Mac Ambo]

  • December 9, 2009
    Guest Post

    By Jamil Dakwar, Director of the American Civil Liberties Union Human Rights Program & Steering Committee Member of the Campaign for a New Domestic Human Rights Agenda  

    Seven months ago, the United States issued a list of human rights commitments and pledges in support of U.S. candidacy for membership in the U.N. Human Rights Council. The decision to join the Human Rights Council was the right thing to do. It was as an important step in breaking with the Bush administration's unilateral and disastrous policies on human rights. While we welcomed this move, we noted that the Obama administration had "missed an opportunity to detail exactly how it will reaffirm its commitment to ending human rights violations at home beyond vague rhetoric." We warned the Obama administration to "move beyond ambiguous commitments which are similar to the ones heard from the Bush administration over the past eight years."

    There is no question that this administration is currently facing multiple and daunting challenges, including the wars in Iraq and Afghanistan and the safe closing of Guantánamo, the economic crisis and rising unemployment, health care, energy reform and much more. However, nearly a year after Obama's inauguration, the administration has yet to announce any major domestic human rights initiative, outline a detailed plan to honor and expand our existing human rights commitments and translate them into domestic policy, or incorporate them into the daily working of the U.S. government.