Election law

  • April 22, 2014
    Today, the Supreme Court “upheld a Michigan voter initiative that banned racial preferences in admissions to the state’s public universities.” In a dissenting opinion, Justice Sonia Sotomayor stated that “the Constitution does not protect racial minorities from political defeat…but neither does it give the majority free rein to erect selective barriers against racial minorities.” Adam Liptak at The New York Times has the story.
     
    Earlier this morning, the Supreme Court heard oral argument in Susan B. Anthony List v. Driehaus. The case deals with the issue of whether it can be a crime to falsify information about a candidate in a political campaign.  NPR’s Katie Barlow and Nina Totenberg break down this issue of free speech.
     
    Writing for The American Prospect, Virginia Eubanks explains why “Big Data might have disproportionate impacts on the poor, women, or racial and religious minorities.”
     
    David Gans at Balkinization responds to George Will’s column for The Washington Post , defending progressive’s constitutional interpretation which “does not force us to choose between liberty and democracy.”  
     
    At The Brennan Center for Justice, Walter Shapiro “[demystifies] the power of money in politics.” 
  • April 7, 2014
    As voters prepare to head to the polls this election season, many are concerned with how last year’s Supreme Court decision in Shelby County v. Holder will affect voter turnout. Carrie Johnson at NPR reports on an ACS-sponsored voting rights training in Atlanta that is working to prevent voter disenfranchisement. 
     
    Writing for The Daily Beast, Geoffrey R. Stone—former ACS Board Chair and current Co-Chair of the Board of Advisors for the ACS Chicago Lawyer Chapter as well as Co-Faculty Advisor for the University of Chicago Law School ACS Student Chapter—explains why the Supreme Court’s ruling in McCutcheon v. Federal Election Commission presents a  “dangerous misunderstanding of the First Amendment and why it exists.”
     
    When did the Supreme Court’s stance on campaign finance reform begin to change? For Kenneth Jost at Jost on Justice, the court began to “open its door to more money in politics” as soon as Justice Sandra Day O’Connor closed the door on her career in 2005.  In his analysis, Jost breaks down McCutcheon v. Federal Election Commission and explains why it’s “no mere coincidence that O’Connor’s departure marks the court’s turning point on issues of campaign finance regulation.”
     
    Attorneys have filed a lawsuit to stop Texas’ expansive restrictions on abortion. Irin Carmon at MSNBC reports on the new challenge from abortion rights activists.
  • April 4, 2014

    Many believe that the Supreme Court’s decision in McCutcheon v. Federal Election Commission will further enable corruption through the use of “dark money.” Writing for The Washington Post, Heather K. Gerken, Wade Gibson and Webb Lyons discuss how the virtues of “disclosure and disclaimer provisions” could “direct campaign finance reform toward greater transparency.” In a related op-ed, Zephyr Teachout promotes “public-funding systems” and argues why “our candidates don’t have to be beggars at the feet of oligarchs.”
     
    Yesterday, the Senate Intelligence Committee voted to declassify a report examining the Central Intelligence Agency’s interrogation programs during the Bush administration. Burgess Everett and Josh Gerstein at Politico break down the report expected to reveal that “CIA interrogators went well beyond the highly permissive guidelines the Justice Department issued permitting tactics many view as torture.”
     
    Today marks the forty-sixth anniversary of the assassination of Dr. Martin Luther King, Jr. At The Root, Peniel E. Joseph comments on Dr. King’s “last crusade against the poverty, racism and militarism that he saw as the triple threat to humanity.”
     
    Justice Sonia Sotomayor spoke with Der Spiegel about her legal career, women’s role within the court and her personal motto. You can see Justice Sotomayor and civil rights leader Theodore Shaw in conversation at the 2014 ACS National Convention.
     
    At The Life of the Law, Elizabeth Joh shares “what artists are showing us about surveillance and the law.”
  • March 20, 2014
    This week, the American Civil Liberties Union advised the U.S. Court of Appeals for the Ninth Circuit to reject an Arizona law denying bail to immigrants in the country illegally. While those defending the law claim that it is meant to “improve public safety, not punish people for federal immigration violations,” the ACLU maintains that “Latino detainees are [being] unfairly held while other nationalities are allowed to put up bond.” Paul Elias of the The Associated Press has the story.
     
    In Shelby County v. Holder, the Supreme Court struck down Section 4 of the Voting Rights Act, which required select jurisdictions to submit all changes in voting rules to the Justice Department for review. Writing for MSNBC, Adam Serwer comments on the role Chief Justice John Roberts played in the controversial decision and the implications of “equal sovereignty.” For further analysis on Shelby County, please see ACSblog analysis by Spencer Overton, former ACS Board Member and the President and CEO of the Joint Center for Political and Economic Studies.
     
    At CPRBlog, James Goodwin follows the developing legal dispute concerning Duke Energy’s violation of the Clean Water Act. Goodwin explains why “federal prosecutors are now looking into whether North Carolina’s environmental regulators engaged in any criminal activity in their efforts to shield Duke.”
     
    Steven R. Morrison at PrawfsBlawg notes “a rare move in terrorism (and all criminal) cases” concerning former Al-Qaeda spokesman Sulaiman Abu Ghayth.
     
    On C-SPAN, Supreme Court Justice Elena Kagan reflects on her “life and career” in a conversation with Georgetown University Law Center students.

     

  • February 28, 2014

    by ACS Staff

    Moazzam Begg, an ex-Guantánamo detainee and prominent critic of the West’s War on Terror, was arrested Tuesday in an “anti-terror raid” in Birmingham, England. Begg, a native-born British citizen, was detained for three years after September 11, 2001 without being charged of a crime. Glenn Greenwald and Murtaza Hussain at The Intercept discuss the “dubious terrorism charges” that are “part of the effort to criminalize Muslim political dissent.”
     
    Could allowing people to openly carry their firearms reduce the number of guns in public? Writing for The Huffington Post, Adam Winkler—Faculty Advisor to the UCLA School of Law ACS Student Chapter—explains why gun control advocates should consider this creative option.
     
    The Public Campaign Action Fund is spending $1 million to rally New York Gov. Andrew Cuomo and state legislators to pass a bill that would combat big-money politics and "raise up the voices of everyday people in our political process." Andy Kroll at Mother Jones has the story.
     
    A secretly recorded video of recent Supreme Court oral argument has been released by the advocacy group 99Rise.orgBill Mears of CNN reports on the rare footage that is raising concerns at the high court.
     
    Dana Milbank of The Washington Post comments on the GOP’s frivolous lawsuits against the Obama administration and their ideological shift on judicial activism.
     
    At ACLU’s Blog of Rights, Dennis Parker compares commentary on Adkins et al. vs. Morgan Stanley with the eloquent imagery of Jamaal May’s “There Are Birds Here.”