April 2012

  • April 12, 2012
    BookTalk
    Immigration Nation
    Raids, Detentions, and Deportations in Post-9/11 America
    By: 
    Tanya Maria Golash-Boza

    By Tanya Golash-Boza, an associate professor of sociology and American studies at the University of Kansas


    A critical debate among immigrant rights advocates is whether the battle for immigrants’ rights should invoke human rights or civil rights. The advantage to the civil rights option is that these rights are legally viable in U.S. courts. However, there are severe limits to this approach.

    The United States has a strong tradition of civil and political rights, yet, unlike most other nations, it does not give much weight to the social, economic, or cultural rights that are central to the human rights tradition. This means that much of the human rights tradition has no legal foundation in the United States.

    The importance of civil rights in legal debates over immigration policy is evident in the current conversation about Arizona’s Senate Bill (S.B.) 1070, and the related Supreme Court case: Arizona v. United States. Oral arguments in this case will be heard on April 25, 2012, and a decision is expected sometime after that.

    In the controversy over the Arizona laws, critics have claimed that S.B. 1070 would violate the civil rights of Latinos in the state, as they would be subject to racial profiling. These claims were upheld in court when Judge Susan Bolton of the Federal District Court ruled on July 28, 2010 that Arizona police officers would not be able to check the immigration status of people during the course of stops, detentions, and arrests, as S.B. 1070 had mandated. Her ruling also blocked provisions that allowed police officers to hold anyone arrested for any crime until their immigration status was determined. This ruling is based on the prohibition against arbitrary detention in the U.S. Constitution – a political right. Other provisions blocked by Judge Bolton’s injunction include: 1) the warrantless arrest of anyone suspected of having committed a removable offense, 2) those that made it a crime to fail to apply for or carry alien registration papers, and 3) those that made it a crime for undocumented migrants to solicit, apply for, or perform work.

    These rulings marked a gain for the civil and political rights of Latinos and other immigrants in Arizona. If the Supreme Court decides to uphold the injunction, this will be a clear win for the civil and political rights of immigrants in the United States. However, this win would only be a small step towards the realization of the human rights of immigrants.

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  • April 11, 2012

    by Jeremy Leaming

    While a Florida special prosecutor has finally lodged a second-degree murder charge against George Zimmerman, the so-called neighborhood watchman, who killed an unarmed Florida youngster Trayvon Martin, a public interest group is having success at pulling corporate support from the right-wing organization that has played a major role in the proliferation of the troubling Stand Your Ground laws.

    Florida’s Stand Your Ground Law provides significant legal protections to those who kill others outside their homes, claiming they used lethal force in self-defense. Traditionally the law has provided some protection to those who use lethal means to protect themselves while in their homes. The Stand Your Ground laws go much farther and have been described as cowboy-esque.

    As The New York Times columnist Paul Krugman recently noted “it’s tempting to dismiss this law as the work of ignorant yahoos. But similar laws have been pushed across the nation, not by ignorant yahoos but by big corporations.”

    Krugman was referring to the right-wing group ALEC, which has the backing of the Koch brothers, “Exxon Mobile, and so on.” As noted in this ACSblog post, ALEC essentially wrote the law for Florida, and likely provided the model for the twenty-some other states that have similarly ridiculous laws, which promote “vigilante (in)justice,” as Krugman put it.

    The public interest group, ColorOfChange has launched a campaign to urge corporate sponsors to stop supporting the work of ALEC. In an April 11 blog post, the group notes that Coca-Cola, PepsiCo, Kraft Foods, McDonald’s and Wendy’s have all “parted ways with ALEC since ColorOfChange launched its effort late last year.”

  • April 11, 2012

    by Nicole Flatow

    When Fifth Circuit Judge Jerry Smith asked the Department of Justice for a three-page single-spaced memo defending its support for the long-established principle of judicial review, Attorney General Eric Holder did what was asked and responded.

    He refrained from pointing out, as Jeffrey Toobin did, that Smith’s behavior during the hearing on a challenge to the Affordable Care Act was a “disgrace,” or as Orin Kerr did, that it was “highly inappropriate” for Smith to ask the DOJ to defend political comments by President Obama about the Supreme Court’s review of the health care law totally outside of the scope of the record in the case.

    But in his dreams [and in The American Prospect], constitutional law professor Garrett Epps envisions a different kind of letter Holder might have sent, in which he refuses to respond on the basis that the Fifth Circuit has absolutely no jurisdiction in this case over the President of the United States:

    Dear Judge Smith,

    … This letter is a truthful response to this court's order and the issues of jurisdiction and judicial ethics it raised. Because it is truthful, it will never be filed with any court. Nonetheless, I will take this imaginary opportunity to state that the proper response to your order is a regretful refusal to comply on the grounds that it was made in excess of your jurisdiction, that it raises serious issues about your fitness to serve the United States in a position of honor and trust, and that it tends to bring discredit on the federal judiciary.

    Epps goes on to explain that the very same decision that established judicial review, Marbury v. Madison, also established that “federal courts are courts of limited jurisdiction” and any attempt to go outside that jurisdiction deprives them of their power.

    While presidents are political actors who have criticized the courts since Thomas Jefferson, judges are expected not to act as naked partisans, he explains.

    He continues:

  • April 10, 2012

    by Jeremy Leaming

    A Washington Post front-page headline declares that the Affordable Care Act “will add $340 billion to deficit, new study finds.” It’s an eye-catching title, especially in light of the Congressional Budget Office’s assessment that the law would lead to a decline in the deficit.

    Jonathan Chait writing for Daily Intel says The Post’s article is hardly the blockbuster story it is dressed up to be.

    For starters there is no such study. Instead, Chait points out that The Post is actually talking about a partisan paper “published by the Mercatus Center, a Koch-funded organization that produces some quality work as well as a fair amount of schlock that does not meet the standards of your typical university economics paper. This paper is an example of the latter.”

    The paper, by Charles Blahous, a research fellow at the Koch-funded organization and former Bush administration official, relies, Chait writes, on a simplistic conceptual trick producing a “bizarre assumption” that the new health care form law can only add to the deficit because of new spending.

    The White House has also weighed in on The Post’s coverage of the Blahous paper. Writing for The White House Blog, Jeanne Lambrew blasts the paper for promoting a false claim, and cites the work of the CBO and the Office of Management and Budget, which projects “lower Federal budget deficits as a result of the law.”  

  • April 10, 2012

    by Jeremy Leaming

    Tom Goldstein has argued more than 20 cases before the U.S. Supreme Court, and in a recent interview with “The Daily Show with Jon Stewart,” delved into one of the cases he has argued, where the high court’s conservative majority rejected a constitutional challenge to jailhouse strip-searches.

    About 4-and-half minutes into part one of the interviews, Jon Stewart asked Goldstein, publisher of SCOTUSblog, about the April 2 opinion upholding broad uses of strip-searches. Stewart said the 5-4 opinion in Florence v. Board of Chosen Freeholders seemed to advance an “incredibly extreme” measure of police power.

    In part two, Goldstein continued that the justices on the right are “really worried about jail security.” In telling the story of Albert Florence – he was arrested for minor fines he had already paid, and then strip searched at two different New Jersey jails – Goldstein said he found the circumstances a “little hardcore,” and that “I wish we would have won, but we didn’t.”

    Goldstein noted that the high court’s Florence decision does not mean that jails have to use strip-searches. But he added, “I think when the jails are allowed to do it, I think they’re pretty much going to do it.” He also lamented the fact that he was unable to persuade the justices that typically people “don’t drive around on the street hoping to get picked up so that they can smuggle something into the jail.”