LGBT issues

  • August 6, 2014

    by Caroline Cox

    Nicholas Bagley argues at The Incidental Economist that the full U.S. Court of Appeals for the D.C. Circuit should rehear Halbig v. Burwell. If sustained, Halbig puts millions at risk of becoming uninsured, meeting the standard for en banc review as a case of “exceptional importance.”

    Niraj Chokshi reports for The Washington Post that Utah Attorney General Sean Reyes has filed a petition for a writ of certiorari with the Supreme Court. The cert petition asks for a review of the U.S. Court of Appeals for the Tenth Circuit decision, last month, that affirmed a lower court’s determination that Utah’s same-sex marriage ban is unconstitutional.

    In The Wall Street Journal, Michelle Hackman interviews Adam Cox, Faculty Advisor for the New York University School of Law ACS Student Chapter, on the steps President Obama could take to help undocumented immigrants.

    The Diane Rehm Show hosts a debate on President Obama’s use of executive orders. Jonathan Turley, Stanley Brand and Jeffrey Rosen weigh in.

    Jamelle Bouie of Slate explains the dangers of “broken window” policing and the civil rights implications of being tough on minor offenses. 

  • August 5, 2014

    by Caroline Cox

    Adam Liptak of The New York Times discusses Justice Ruth Bader Ginsburg’s recent comments on the Supreme Court’s different treatment of cases involving gay people and women. Justice Ginsburg comments suggest that the five-justice conservative majority does “not understand the challenges women face in achieving authentic equality.”

    In Slate, Emily Bazelon explains the recent decisions by the U.S. Court of Appeals for the Fifth Circuit and the U.S. District Court for the Middle District of Alabama that blocked major restrictions on abortion clinics. Despite these pro-choice victories, the legal fight against allegedly burdensome regulations on abortion clinics remains an uphill battle as a Texas law goes before the Fifth Circuit.

    Robert Barnes of The Washington Post reports that a Florida judge has found two of the state’s congressional districts unconstitutional. The decision, one of several challenging gerrymandering throughout the country, sets the stage for a possible Supreme Court case in the fall. 

    Shawn DuBravac, the chief economist of the Consumer Electronics Association, writes for the Harvard Business Review that the Supreme Court’s view on the Fourth Amendment is increasingly taking into account changing technology and the importance digital privacy.

    The New York Times’ James Barron provides the obituary for James S. Brady, White House press secretary for President Ronald Reagan and a major champion of gun control legislation.

    The Alliance for Justice published a comprehensive report detailing each federal case on the legality of a same-sex marriage ban. 

  • August 4, 2014

    by Caroline Cox

    In The Washington Post, Maurice Possley of The Marshall Project writes that new evidence raises doubts about the 2004 Texas execution of Cameron Todd Willingham. “This case could be the first to show conclusively that an innocent man was put to death in the modern era of capital punishment.”

    Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law for the University of Chicago,  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 in The Daily Beast that the flood of judicial rulings holding bans on same-sex marriage unconstitutional are not the result of public opinion shifts. Rather, the Supreme Court opened the door to these decisions long before support for gay marriage became more mainstream.

    Collin Eaton, writing for The Houston Chronicle, reports that BP has asked the Supreme Court to reverse lower court rulings on the approved settlement class for the 2010 Deepwater Horizon disaster. The petition asserts that claimants should have to show that their losses were directly tied to the spill.

    The Tennessean’s Brian Haas reports on the Tennessee Supreme Court retention election, noting the large amount of money conservative groups have spent to campaign against the justices.

    Christine Vestal of Stateline discusses the challenges many state health insurance exchanges face in light of the Halbig v. Burwell ruling. Consumers in 36 states risk losing future premium subsidies if the Supreme Court rules in favor of Affordable Care Act opponents. 

  • July 31, 2014

    by Ellery Weil

    Andrew Prokop at Vox reports on the House of Representatives’ plan to sue President Obama, and what that means in a larger historical context.

    Politico’s Josh Gerstein reports on Supreme Court Justice Ruth Bader Ginsburg’s interview with Katie Couric, where the 81-year-old justice revealed she does not intend to step down in the near future.

    At The Volokh Conspiracy, Dale Carpenter looks at the possible role that animus could play in potential same-sex marriage litigation before the Supreme Court.

    In a piece for Salon, Katie McDonough writes about strong new pushback on recent efforts to curtail reproductive rights, including a new measure introduced by Massachusetts Gov. Deval Patrick to work around the recent ban on abortion clinic buffer zones.

    Writing for The Atlantic, Connor Friedersdorf discusses the legality and ethics of the NSA suppressing former head Keith Alexander’s financial disclosures as he transitions into the private sector.

  • July 22, 2014
    Guest Post

    by Remington A. Gregg, Legislative Counsel, Human Rights Campaign

    *Noting the 50th anniversaries of Freedom Summer and the Civil Rights Act of 1964, ACSblog is hosting a symposium including posts and interviews from some of the nation’s leading scholars and civil rights activists.

    As we pause to commemorate the 50th anniversary of the passage of the Civil Rights Act of 1964, one of the most important pieces of legislation ever passed into law, it is a perfect time to look at the many ways it paved the way for the lesbian, gay, bisexual, and transgender (LGBT) community.  Not only did passage pave the way for additional pieces of civil rights legislation, including Title II of the Americans with Disabilities Act of 1990 and Title IX of the Education Amendments Act of 1972, but it marked a sizeable shift in the use of the commerce clause.  To LGBT movement, however, the Civil Rights Act marked the beginning of the LGBT community’s own fight for equality. 

    The long march toward LGBT equality gained momentum with Romer v. Evans in 1996, where the Supreme Court held that an amendment to the Colorado state constitution that would forbid the state or its subdivisions from extending legal protections to LGB people violated the Equal Protection Clause.  In 2003, in Lawrence v. Texas, the Supreme Court ruled affirmatively for the first time on a due process claim brought by gay claimants that LGBT people “are entitled to respect for their private lives.  The state cannot demean their existence or control their destiny by making their private sexual conduct a crime.  Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government.”  And last year’s critical decision in United States v. Windsor changed the whole landscape in the LGBT community’s access to important federal benefits.   The Court held that Section 3 of the “Defense of Marriage Act,” which defined marriage as a “union between one man and one woman as husband and wife” for federal purposes, was an unconstitutional infringement on equal protection as applied to the federal government under the Due Process Clause of the Fifth Amendment.  Now, LGBT couples have access to more than 1,100 rights, benefits, and obligations previously denied to them.

    Each of these cases has served as a vital building block in the fight for equality. These successes have been paralleled with incredible legislative and administrative victories, including the repeal of “Don’t Ask, Don’t Tell,” passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, and an LGBT-inclusive Violence Against Women’s Act re-authorization. And yesterday, President Barack Obama signed an important executive order.  First, it prohibits federal contractors from discriminating in employment on the basis of sexual orientation or gender identity.  Second, it protects federal employees from discrimination on the basis of gender identity.  (President Bill Clinton signed an executive order that provided protections with regard to sexual orientation.)