National security and civil liberties

  • March 21, 2014
     
    Writing for The Global Legal Post,  ACS Board Member Reuben Guttman addresses the growing “privatisation of America.” In the piece, Guttman discusses the extensive use of private contractors and questions whether “we really have a modern day United States Government ‘of the people, by the people, and for the people’?”
     
    U.S. Attorney General Eric Holder testified last week before the U.S. Sentencing Commission about a proposal that would reduce the federal prison population.  Among other things, the amendments would offer “modestly shorter sentence recommendations [for] low level, nonviolent drug offenders.” Jessica Eaglin at the Brennan Center for Justice has the story.
     
    The Supreme Court is set to review a petition for certiorari in a case involving whether a photographing company can deny services to same-sex couples on the basis of religion. Richard Wolf at USA TODAY breaks down Elane Photography, LLC v. Willock.
     
    As the high court prepares to hear oral argument in Sebelius v. Hobby Lobby Stores, Inc., Lawrence Hurley at Reuters notes how the justices could “dodge the contentious question of whether corporations have religious rights.”
     
    Writing for The Daily Beast, Jamelle Bouie debunks the assumption that “culture” is to blame for inner-city black poverty.
     
    At Opinio Juris, Julian Ku discusses his participation in a hearing of the Privacy and Civil Liberties Oversight Board that addressed the National Security Agency’s surveillance authority.
  • March 19, 2014

    Justice Ruth Bader Ginsburg has been a passionate advocate for progressive ideals during her long tenure on the Supreme Court. However, many on the left are urging Justice Ginsburg to retire at the end of the Court’s current term, in order to avoid risking “a Republican president filling her seat.” Garrett Epps at The Atlantic explains why “this Supreme Court justice will leave the bench when she's ready, regardless of what others think.”
     
    Writing for NYRblog, David Cole—Co-Faculty Advisor for the Georgetown University Law Center ACS Student Chapter—comments on the growing controversy regarding the Central Intelligence Agency’s alleged tampering with a Senate torture investigation. Cole argues that the CIA’s “desperate efforts to hide the details … are only the latest evidence of the poisonous consequences of a program euphemistically called ‘enhanced interrogation.’”
     
    The Cleveland-Marshall College of Law has announced a plan to allow its students the opportunity to end law school early while earning a Master of Legal Studies degree. Karen Sloan at The National Law Journal  breaks down the first “risk-free Juris doctor program.”
     
    Ronald K. L. Collins at Concurring Opinions examines how Justice Antonin Scalia’s “view of textualism and originalism … plays out in the First Amendment context.”
     
    At Balkinization, Marty Lederman provides readers with a collection of his commentary on Sebelius v. Hobby Lobby Stores, Inc. A list of ACS resources on Hobby Lobby and other challenges to the Affordable Care Act can be found here.
     
    Peter Hardin at GavelGrab discusses the Tennessee Supreme Court’s decision to uphold retention elections.

     

  • March 18, 2014
    Students from Yale Law School wrote a letter admonishing Sen. Chris Coons (D-Del.) for voting against the nomination of Debo Adegbile to head the Civil Rights Division of the Justice Department. Sen. Coons voted against Adegbile because he oversaw an appeals process for a convicted murderer while at the NAACP Legal Defense and Education Fund. Ryan J. Reilly at The Huffington Post reports on the letter.
     
    On Monday, Tarek Mehanna’s lawyer asked the Supreme Court to review his client’s seventeen-year imprisonment by a Boston jury for “providing material support to the Al-Qaeda terrorist network.” Lyle Denniston at SCOTUSblog notes the First Amendment implications of Mehanna’s conviction.
     
    Anticipation is growing as the Supreme Court prepares to hear oral argument for Sebelius v. Hobby Lobby Stores, Inc. In an article for Slate, Adam Winkler—Faculty Advisor for the UCLA School of Law ACS Student Chapter—explains why corporations should have the rights of “legal personhood that are essential to their operations” and why “Hobby Lobby should lose.”
     
    Kirk Siegler at NPR discusses why “California is shaping up to be the next major battleground over the Second Amendment.”
     
    Celebrating Women’s History Month, Cortelyou Kenney at Womenstake discusses the “gains women have made in terms of their representation on the federal judiciary … under the Obama administration.”
  • March 14, 2014
     
    Yesterday, President Obama requested a review of the administration’s enforcement policies for immigration laws. The White House asked Secretary of Homeland Security Jeh Johnson to oversee the process. Seung Min Kim and Reid J. Epstein at POLITICO report on the president’s effort to create a more humane immigration system.
     
    In 1975, Sen. Frank Church (D- Idaho) organized a Senate committee to review American intelligence activities.  Referred to as the Church Committee, the group uncovered secret wrong-doings by the U.S. government.  Frederick A. O. Schwarz, Jr. at The Nation argues “why we need a new Church Committee to fix our broken intelligence system.”
     
    Mississippi lawmakers voted to “study” a bill that gay rights activists believe would promote discrimination on the basis of religion. Adam Serwer at MSNBC comments on “the latest setback for the religious right.”
     
    Writing for Voices at the Open Society Foundations, Viorel Ursu explains why Ukraine’s future will be decided “by the new government’s response to the fundamental demands for justice.”
     
    At The Atlantic, Andrew Cohen notes the “problem of lengthy delays in capital cases.”
     
    Dan Markel at Prawfsblawg breaks down a new paper by Larry Krieger that helps answer the question, “What makes lawyers happy?”
  • March 13, 2014

    by ACS Staff

    Senate Select Committee on Intelligence Chair Dianne Feinstein (D-Calif.) accused the Central Intelligence Agency of illegally searching her committee’s computers. Mark Mazzetti and Jonathan Weisman of The New York Times  report on the controversy that has “one of the C.I.A.’s staunchest defenders deliver[ing] an extraordinary denunciation of the agency.”

    The conviction of William Jeffrey Dumas on three counts of rape was overturned last week by Judge Christopher McFadden of the Georgia Court of Appeals. Dumas was accused of raping a woman who is diagnosed with Down syndrome. David M. Perry at CNN describes how this “troubling case reveals the intersections between rape culture and the way we strip agency from people with disabilities.”

    Ronald K. L. Collins at Concurring Opinions explains why, when it comes to the issue of cell phone privacy and First Amendment rights, “there is more here than meets the constitutional eye.”

    Secretary of Homeland Security Jeh Johnson is testifying this week on the White House’s 2015 DHS budget request. Georgeanne M. Usova at ACLU’s Blog of Rights answers the major questions on immigration.

    At Dorf on Law, Michael Dorf explains why granting certiorari and ruling for the petitioners in Elane Photography, LLC v. Willock“would open up a pandora's box of businesses seeking exemptions from anti-discrimination law.”