Writing for TheHuffington Post, distinguished George Washington University Law School Prof. Alan B. Morrison and co-author Adam A. Marshall argue in favor of the National Popular Vote (NPV) movement. In his article, Morrison—a faculty advisor to the ACS Student Chapter at GWU—explains why the current state of the Electoral College is a major deficit to American democracy and how the NPV movement would facilitate a more representative voting system.
Writing for SCOTUSblog, Jody Freeman explains why the greenhouse gas cases pending at the U.S. Supreme Court will have little impact on the EPA and the government’s ability to regulate emissions.
The Associated Press reports on the developing case in the U.S. Court of Appeals for the Tenth Circuit that has Utah state attorneys insisting that same-sex marriage will devalue the family structure and lead to economic crisis.
David H. Gans of Slate breaks down Hobby Lobby’s lawsuit against the Obama administration to reveal why, when it comes to the free exercise of religion, most corporations are sitting this one out.
At the blog of Legal Times, Todd Ruger notes the diversity of President Obama’s judicial nominees.
The Lilly Ledbetter Fair Pay Act was the first bill signed into law by President Obama in 2009 and has been a vital tool in the battle against wage discrimination ever since. Writing for Roll Call on the anniversary of the bill’s passage, Lilly Ledbetter and the American Civil Liberties Union’s Deborah J. Vagins reflect on the legacy of the Ledbetter Act, the importance of the proposed Paycheck Fairness Act and the necessity of executive order.
Last year, the Senate eliminated its 60-vote supermajority requirement for most judicial and executive appointments after Senate Republicans chose to filibuster an egregious number of President Obama’s nominees. In an article for The Blog of Legal Times, Todd Ruger explains why it is likely that the Senate’s power to filibuster nominations will remain applicable to our nation’s highest court.
Writing for the Center for American Progress, Joshua Field examines the current state of the Voting Rights Act, post-Shelby County. In his report, Field addresses the need to combat voting-related discrimination and the role our federal courts must play going forward.
In an article for The National Law Journal, Tony Mauro examines the ACLU’s First Amendment fight against the Supreme Court’s ban on protesting on the Court’s plaza.
In his State of the Union Address, President Barack Obama stated, “Citizenship demands a sense of common cause; participation in the hard work of self-government; an obligation to serve to our communities.” So why does the official test to become a citizen fail to address these participatory values? Why in the battle over legal paths to immigration do we not rethink what we demand from new citizens?
“Where is the Statue of Liberty?” So reads one of the 100 questions every new citizen might have to answer to pass the national citizenship test. The national citizenship test, created in 1986 and updated in 2008, involves 100 questions focused on American civics, history and geography. Actual questions include: “What are two Cabinet-level positions?” “The Federalist Papers supported passage of the U.S. Constitution. Name one of the writers.” “Who was President during the Great Depression and World War II”? “Name two national holidays.” The questions and answers are provided to study from, and applicants need only answer six out of ten randomly selected questions correctly to pass the test. But, the question remains: is this really the test we want to create productive and contributing citizens in American society?
First, a bit of history: For much of early America, there was no citizenship test required to gain citizen status. In 1790, three years after the creation of the U.S. Constitution, Congress passed the first naturalization act that allowed free white people “of good character” to apply for citizenship after living in the United States for two years and swearing to uphold the Constitution. Subsequent acts extended the residency requirement to five and then briefly to fourteen years. In 1868, the Fourteenth Amendment extended birthright citizenship to “All persons born or naturalized in the United States” covering African Americans and others born on United States soil.
In a win for democracy, last Friday Judge Bernard J. McGinley of the Commonwealth Court of Pennsylvania struck down Pennsylvania’s voter ID law. Among other problems cited in the court’s decision, this restrictive law violated the right to vote, which is expressly guaranteed in Pennsylvania’s Constitution. The decision is important not only because hundreds of thousands of Pennsylvania voters, who lack one of the limited forms of acceptable photo ID previously required under the law, can now cast their ballots without burdensome obstacles – but also because of the court’s willingness to enforce the guarantee of a fundamental right to vote as enshrined in the Pennsylvania Constitution.
Unlike the U.S. Constitution, the Pennsylvania Constitution explicitly recognizes the right to vote, stating that “no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” The Commonwealth Court reaffirmed that this right is fundamental, as well as “pervasive of other basic civil and political rights.” As the court explained, elections are “free and equal” only when they are public and open to all qualified voters, when every voter has the same opportunity to cast a ballot, when that ballot is honestly counted, and when the regulation of elections does not deny the exercise of the right to vote.
According to the court, the voter ID law violated the state constitution because it required photo ID without mandating any legal, non-burdensome way for voters to get it. Instead, the measure merely required that the existing non-driver photo ID issued by the Pennsylvania Department of Transportation (PennDOT) be provided for “free.” The Pennsylvania Supreme Court, however, already held in 2012 that PennDOT failed to uphold that requirement because of the underlying documents required, such as a birth certificate (which can be costly or, in some cases, not exist at all); the limited PennDOT locations where ID cards were even available; and the burdens faced by voters who had to travel to one of these centers and wait in line to get an ID. In light of these obstacles, the Department of State attempted to create a “just for voting” ID (DOS ID), but the Commonwealth Court held that this ID was an unauthorized agency creation that failed to pass constitutional muster. The DOS ID suffered from similar problems as the PennDOT ID because it created barriers that prevented voters who lacked compliant ID from getting it.
Yesterday, a bipartisan, bicameral group of legislators introduced the Voting Rights Amendment Act of 2014, legislation sponsored by Rep. Jim Sensenbrenner (R-Wis.) and House Judiciary Committee Ranking Member John Conyers Jr. (D-Mich.) in the House and by Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) in the Senate. The bill represents a much-needed and significant first step in the effort to respond to the void left by the Supreme Court’s decision seven months ago in Shelby County v. Holder that invalidated a key portion of the Voting Rights Act of 1965 (“VRA”).
Before Shelby, Section 5 of the VRA required certain jurisdictions with a documented history of racial discrimination in voting to submit any changes in voting laws and procedures to either the Department of Justice (“DOJ”) or a three-judge panel of the United States District Court for the District of Columbia for review, a process known as “preclearance.” Most voting changes in these “covered jurisdictions” were approved quickly and routinely, but practices that were found by DOJ or the court to be racially discriminatory were blocked from taking effect. However, in Shelby, a five-justice majority invalidated the coverage formula used to determine which jurisdictions were covered by Section 5, finding that it was outdated and insufficiently tailored to the existence of racial discrimination in voting today. The Court took this unprecedented step even though Congress had overwhelmingly voiced its determination – by votes of 98-0 in the Senate and 390-33 in the House – that the coverage formula was appropriately responsive to continued racial discrimination in voting in the covered jurisdictions.
As a result of the Court’s decision, Section 5 was effectively nullified. The weeks and months following Shelby confirmed that while our Nation has made great strides towards addressing racial discrimination in voting, such discrimination has not been eradicated, as several previously covered states and jurisdictions swiftlyenactedlaws that would have been subject to preclearance – and potentially blocked – prior to Shelby.