November 2010

  • November 15, 2010

    In a surprise ballot-count turnaround, a law to legalize medical marijuana use in Arizona has passed by a narrow margin, The Associated Press reports.

    Arizona is the fifteenth state to have approved a medical marijuana law. The new law allows those deemed by their doctor to be suffering from "chronic or debilitating" diseases, including cancer, AIDS and hepatitis C, to grow plants or to buy two and a half ounces of marijuana every two weeks. The law limits the number of dispensaries in the state to 124.

    "The measure was opposed by all of Arizona's sheriffs and county prosecutors, the governor, the state attorney general and many other politicians," AP reports. Following initial counts on election day, the measure appeared poised to fail, but when all the ballots were counted Saturday, Proposition 203 won by 4,341 votes out of more than 1.67 million ballots counted.

    Andrew Myers, campaign manager for the Arizona Medical Marijuana Policy Project, said he believes Arizona's program is "an opportunity to set an example to the rest of the country on what a good medical marijuana program looks like."

    In a recent guest post for ACSblog, Alex Kreit discusses how marijuana legalization has become a mainstream political issue.

  • November 12, 2010

    Glenn Beck's latest rant against philanthropist George Soros included an attack on the American Constitution Society (ACS), in which Beck claimed ACS has received more than $14 million from Mr. Soros and that we use this money to work "in the shadows" to change the Constitution. Beck's conspiracy-laden world is indeed a scary one. There are only three things wrong with his charges: he can't add, he can't read, and he can't stop himself from talking nonsense. Here are the facts:

    Beck can't add. While the American Constitution Society is grateful for the generous support the Soros-funded Open Society Institute has given to support ACS's work, Beck's accounting of the amount of that support is wildly inaccurate. His invention of these numbers should be a first warning to anyone listening to him.

    Beck can't read. As "evidence" of ACS's mission, Beck highlights language from ACS's Constitutional Interpretation and Change Issue Group web page -- which he displayed on screen during his show. However, the language he purports to cite as evidence of ACS's goal of changing the Constitution does not exist and has never existed on that web page or any other page on the ACS site. What that page does say is the following:

  • November 12, 2010

    The outgoing Congress's "lame duck" session gets underway next week, and it remains to be seen whether the approval of judicial nominees will take its deserved place on the agenda. Judith E. Schaeffer, vice president of the Constitutional Accountability Center, argues in The Huffington Post that Congress not only has a duty to attend to the nominations crisis, but a ready precedent:


    Senators have a constitutional obligation to consider a president's judicial nominees, and it is imperative that Senators use the upcoming "lame duck" session to do just that ... During the Senate's "lame duck" session in 2002, the Senate voted on and confirmed 20 of President George W. Bush's judicial nominees, including two highly controversial nominees to the Court of Appeals (Dennis Shedd and Michael McConnell). President Obama's nominees deserve no less consideration now.


    Schaeffer underscores the need for urgent action, pointing out that any pending nominees who do not receive a vote during this Congress will "effectively expire," causing the entire confirmation process to start again from the beginning.

    Several other recent articles have also addressed the growing judicial vacancy crisis. ACS Executive Director Caroline Fredrickson laments a "fundamental breakdown in the judicial confirmation process" in an article on the confirmation delays in The American Prospect by Jamelle Bouie. Bouie notes that the number of judicial emergencies has more than doubled since President Barack Obama took office last year, resulting in "disastrous consequences for the legal system" that are "hard to overstate." Bloomberg News columnist Ann Woolner explains that that the nominees being blocked are not "liberal" but rather were approved by the Senate Judiciary Committee "without a whiff of controversy or even a vote against them." And Bruce Moyer, government relations counsel for the Federal Bar Association, implores members of his organization to continue their advocacy to fill the federal bench, at a time when "the federal judicial confirmation process is at one of its most dysfunctional junctures in American history."

    Visit JudicialNominations.org, a website developed by ACS to follow the latest developments on nominees, delays, and the continuing vacancy crisis. Follow us on Facebook or bookmark JudicialNominations.org to receive regular updates.

  • November 12, 2010
    The efforts to advance the National Popular Vote law, which would allow for the election of president by popular vote instead of the Electoral College, are gaining momentum.

    As noted by one of the driving forces behind the proposed law, the National Popular Vote Inc., Massachusetts and New York made significant strides on behalf of the law this year. Late this summer, Gov. Deval Patrick signed a National Popular Vote bill into law, making the state the sixth to enact the law and giving the National Popular Vote movement 27 percent of the electoral votes needed to make it the law of the land. (The National Popular Vote would become effective if states holding a majority of electoral votes, 270, enact it.)Upon signing the bill, Gov. Patrick said, "Voter participation in all 50 states is critical to the strength of our democracy and the national popular voter movement will bring more voters into the fold and ensure that every vote counts."

    New York state lawmakers also made major progress toward enacting the provision. The New York Senate overwhelmingly passed the National Popular Vote bill, which is now pending in the 150-member New York Assembly, where the bill has 80 sponsors. The New Yorker's Hendrik Hertzberg said the state senate's action revealed that lawmakers' "interests coincide not only with those of all their constituents, regardless of party, but also with an elementary tenet of democracy: that elections should be decided by counting up the votes of citizens, with every individual vote being of equal vote."

    The New York Times also got behind the National Vote bill, saying in an editorial that the "Electoral College was established by the nation's founders in part to appease slave-owning states. It is based indirectly on population, and slaves were counted as three-fifths of a person. Each state now gets as many electoral votes as it has representatives in Congress. The results can be what we all saw in 2000, where the votes of one state, Florida, decided the election despite the fact that Mr. Gore was the nation's choice by more than a half-million votes."

    In addition, earlier this month the District of Columbia Mayor Adrian Fenty signed the National Popular Vote bill. In reporting on Fenty's action, Reuters cited recent polling that "points to overwhelming majorities of voters" in Idaho, Nebraska, South Dakota, Kentucky and several other states "favor the National Vote plan over current winner-take-all rules (i.e. awarding all of a state's electoral votes to the candidate who receives the most popular voters in each state)."

  • November 11, 2010
    Google's Street View project may not have greatly troubled the Federal Trade Commission (FTC), but as The Washington Post reports the Federal Communications Commission (FCC) is taking a different tack. The FCC, the newspaper reports, has launched an investigation into whether the Street View mapping program violated any communications laws when it apparently inadvertently sucked up personal information such as e-mails and passwords from unsecure Wi-Fi networks.

    The announcement follows the FTC's decision to close an inquiry into the Street View project, and news of international governments ramping up their criticism of the mapping program, which was launched in 2007 to gather street-level images from the U.S. and 30 other countries.

    The New York Times reports, Google cars "were also recording information about Wi-Fi networks in nearby homes and businesses, data that can be used to help mobile devices determine their locations. But Google went beyond noting the existence of such networks and recorded information that was sent over them."

    In a statement regarding its investigation, Michele Ellison, chief of the FCC's enforcement bureau, said, "Last month, Google disclosed that its Street View cars collected passwords, e-mails and other personal information wirelessly from unsuspecting people across the country."

    But, as The Post notes, the FCC has not provided much more about its investigation. Marc Rotenberg, head of the Electronic Privacy Information Center (EPIC) told the newspaper, "Intercepting communications traffic is a serious crime in the United States."

    Earlier this year, EPIC urged the FCC to open an investigation into Google's Street View program. In its letter, EPIC asserts that Google's collection of personal information "could easily" amount to a violation of a federal wiretap law. Rotenberg told The Post that the act is "one of the strongest privacy laws we have because of the strong privacy presumption in network communications."

    Authorities in Britain, Germany and Canada have raised concerns about the Street View program and violations of privacy.

    Google issued a statement yesterday saying it was "profoundly sorry for having mistakenly collected payload data from unencrypted networks."