National security and civil liberties

  • June 3, 2014

     
    The Supreme Court ruled that a Pennsylvania woman who attempted to poison her husband’s mistress cannot be prosecuted under federal law. The justices ruled that the federal ban on chemical weapons does not apply to Carol Anne Bond, whose attempt to poison her victim resulted only in “a minor thumb burn readily treated by rinsing with water.” Lyle Denniston as SCOTUSblog breaks down Bond v. United States.
     
    New voting laws across the country will pose an arduous task for minority voters in the midterm elections. In states like North Carolina and Texas, these restrictions will “disproportionately affect registration and voting by African-Americans as compared with whites.” Fanita Tolson discusses the issue in the Tallahassee Democrat.
     
    Trip Gabriel at The New York Times addresses why democrats in Kentucky are disillusioned by the Obama administrations’ ambitious proposal for regulating power plant emissions.
     
    At Just Security, Marty Lederman examines the Obama administration’s reasons for not waiting “30 days to complete the Bergdahl exchange.” 
     
    At Concurring Opinions, Ronald K.L. Collins provides a “snapshot of the Roberts Court’s record on free expression issues.” 
  • May 16, 2014
     
    An unclassified report released Wednesday by the departments of Justice and Defense assured  members of Congress that “if Guantánamo Bay detainees were relocated to a prison inside the United States, it is unlikely that a court would order their release onto domestic soil.” Charlie Savage at The New York Times discusses how the report “addresses concerns over President Obama’s plan to close the controversial prison.
     
    Yesterday, U.S. District Court Judge James E. Boasberg upheld Washington, D.C.’s strong post-Heller gun regulations, finding that they “pass constitutional scrutiny.” Ann E. Marimow at The Washington Post has the story.
     
    At The Week, Matt Bruenig argues in favor of term-limiting Supreme Court justices. In his article, Bruenig supports a proposal that would enable Supreme Court judges to serve single, staggered 18-year terms.
     
    Earlier this week, the U.S. Court of Appeals for the Seventh Circuit struck down several sections of Wisconsin’s campaign finance law. At Concurring Opinions, Ronald K.L. Collins breaks down Wisconsin Right to Life v. Barland
  • April 29, 2014

    Earlier this morning, the Supreme Court heard oral argument in two cases which raise the question of whether or not police can search confiscated cellphones of arrestees without a warrant. In both cases, the defendants argued that the information obtained from their cell phones by police was in violation of the Fourth Amendment. NPR’s Nina Totenberg discusses Riley v. California and United States v. Wurie.
     
    Yesterday, the Supreme Court denied cert in Jackson v. Louisiana, a case that examined whether or not a non-unanimous jury verdict violates the Sixth Amendment. At CAC’s Text & History Blog, Brianne Gorod explains why the high court’s failure in taking the case “is not only tragic, it’s inexplicable.”
     
    Yesterday, the U.S. Court of Appeals for the Fifth Circuit heard arguments concerning whether a state law can close the last abortion clinic in Mississippi. Writing for MSNBC, Irin Carmon asserts that “what’s at stake stretches far beyond Mississippi.”
     
    At Just Security, Marty Lederman explains why the Director of National Intelligence James Clapper’s Directive 119, which “prohibits employees of the Intelligence Community from unauthorized ‘contacts’ with the media about intelligence ‘sources’ ” isn’t a “clear-cut matter.”
     
    As the 60th Anniversary of Brown v. Board of Education fast approaches, The NAACP Legal Defense and Educational Fund commemorates the Supreme Court’s landmark decision.  
  • April 23, 2014
     
    At The Daily BeastGeoffrey 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, discusses his experience on the President’s Review Group on Intelligence and Communications Technologies and why “constant, rigorous, and independent review is essential if we are to strike the proper balance between liberty and security in a changing world.”
     
    The Supreme Court heard oral argument yesterday in a case involving an “Ohio law that criminalizes the spreading of false information about a political candidate during a campaign.”  The challenge comes after an anti-abortion rights group mischaracterized former Rep. Steve Driehaus’ (D-Ohio) stance on abortion during his 2010 reelection campaign. Robert Barnes at The Washington Post has the story.
     
    Yesterday, the Supreme Court upheld Michigan’s ban on Affirmative Action in Schuette v. Coalition to Defend Affirmative Action. Justice Anthony Kennedy wrote for the plurality while Justice Sonia Sotomayor wrote an impassioned dissent. Writing for SCOTUSblog, Amy Howe details the case.
     
    Peter Hardin at GavelGrab notes that if New Jersey Gov. Chris Christie chooses not to reappoint Chief Justice Stuart Rabner it could “give rise to the perception that Christie was attempting to intimidate judges working without tenure.”
     
    At The New Yorker’s Daily Comment Hendrik Hertzberg explains New York Gov. Andrew Cuomo’s decision to join the National Popular Vote (NPV) interstate compact.
  • April 15, 2014
    At The Daily BeastGeoffrey 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 Chapterexplains why “the press isn’t free if it has fear of prosecution for leaks” and why “it’s time to give reporters the same type of privilege attorneys and doctors have.”
     
    A growing trend of private probation companies is influencing our court and prison systems. Implemented now in ten states, these companies provide an inexpensive means for courts to ensure that fines are paid. However, in what is referred to as the “debtor’s prison,” many of today’s poor are being jailed because they can’t afford to pay their fines. PBS NewsHour reports on this controversial phenomenon which is proving how “without funds to pay fines, minor incidents can mean jail time.” 
     
    Calls for an investigation into the leak of a classified Senate report on torture to McClatchy newspapers continue. The leak came after Senate Select Committee on Intelligence Chair Dianne Feinstein (D-Calif.) accused the Central Intelligence Agency of illegally searching her committee’s computers. Adam Serwer at MSNBC  has the story.
     
    Andrew Cohen at The Atlantic explains why President Obama is right to speak out on voter suppression, “but he needs to preach to someone other than the converted.”
     
    At Roll Call’s Hawkings Here, David Hawking discusses Susan B. Anthony List v. Driehaus and whether lying in political campaigns is unconstitutional.