President Barack Obama

  • November 21, 2014
    Guest Post

    by Lisa HeinzerlingJustice William J. Brennan, Jr. Professor of Law, Georgetown University Law Center. The author was a political appointee at the Environmental Protection Agency from January 2009 to December 2010. She served on the EPA Presidential Transition Team in 2008.

    The Environmental Protection Agency is under court order to issue, by December 1, a proposal to retain or revise the national air quality standards for ground-level ozone. Scientific studies have linked ozone, also known as smog, to a variety of adverse effects on public health and welfare. EPA's expert staff and its outside scientific advisors have recommended, based on this scientific evidence, that EPA set new, stronger standards for ozone. The Clean Air Act requires that air quality standards – "primary" standards for public health, "secondary" standards for public welfare – be set at levels "requisite to protect" public health and welfare. A central question for the proposal to be issued by December 1 is whether the current air quality standards for ozone, set at 75 parts per billion of ozone in the ambient air, adequately provide such protection.

    At the moment, EPA's preferred approach to the ozone standards awaits White House clearance. EPA has sent a regulatory package – likely including, as is customary, the proposed standards, a formal explanation of EPA's choices, and an economic analysis of the proposal – to the White House for review. Under executive orders issued by Presidents Bill Clinton and Barack Obama, the President has asserted the authority to review significant agency rules like the ozone standard and to reject or revise them if they are not consistent with his policies or priorities. President Obama exercised this self-given power previously in the context of ozone, when in 2011 he ordered then-EPA Administrator Lisa P. Jackson to withdraw stronger, revised national air quality standards for ozone. As I will explain, President Obama's past exercise of power hangs over the current decision whether to revise the ozone standards.

    Before President Obama ordered Administrator Jackson to withdraw the revised ozone standards she had developed, the EPA under Administrator Jackson had been working on the revised standards for years, indeed since the day President Obama took office. Revision was necessary, in EPA's view, because standards set during the administration of President George W. Bush had departed from the scientific evidence indicating that stronger rules were necessary to protect public health and welfare. Indeed, EPA's scientific advisors on air quality had reacted to the Bush-era standards by issuing a pointed, unsolicited rebuke, stating that the advisors did not endorse the Bush standards. Strengthening the Bush-era ozone standards was a core EPA priority in the early days of the Obama administration, offering an opportunity both to protect public health and welfare and to return the agency to scientifically sound decision making. No one would have guessed, then, that President Obama would eventually order Administrator Jackson to back off and leave the Bush-era standards in place. But that's what happened.

  • October 22, 2014

    by Caroline Cox

    Coverage of the ACS-sponsored “Skewed Justice” study continues with The National Law Journal, News & Record, McClatchy, Think Progress, KPFA-FM, Sentencing Law and Policy, and The Take Away reporting on the findings.

    In The Washington Post, Robert G. Kaiser celebrates the life of The Washington Post editor Ben Bradlee who presided over the paper during the Watergate scandal and helped to print stories based on the Pentagon papers.

    Scott Martelle of the Los Angeles Times questions the use of the death penalty in light of the recent release of a wrongfully convicted man after 38 years in prison.

    At Constitution Daily, Scott Bomboy considers the lack of politicians as Supreme Court Justices in recent years.

    Jeffrey Toobin explores in The New Yorker the judicial legacy of President Obama, including his evolving opinion on same-sex marriage.

    NPR’s Hansi Lo Wang reports on new concerns over voter registration in Georgia where lawyers say thousands of registration applications for minority voters are missing. 

  • May 7, 2014

    As controversy continues to surround Oklahoma’s botched execution of Clayton Lockett, a “bipartisan panel of legal experts have urged sweeping changes in what it calls the ‘deeply flawed’ administration of capital punishment.” Erik Eckholm at The New York Times reports on the panel’s proposal for execution by single-dose injections. At The Week, Andrew Cohen explains why either John Paul Stevens or Sandra Day O’Connor should lead Oklahoma’s  investigation.
     
    Writing for The New York Times, Justin Gillis reports on a new study which shows “with water growing scarcer in dry regions, torrential rains increasing in wet regions, and heat waves becoming more common and more severe…the effects of human-induced climate change are being felt in every corner of the United States.”
     
    As the Supreme Court nears the end of its term, many will be focusing on the justices’ ruling in high stakes securities class action and software patent cases. Lawrence Hurley at Reuters has the story.
     
    At The Life of the Law, Katherine Thompson writes to President Obama about immigration law and the struggles facing same-sex couples—and he writes back. 

     

     

  • April 15, 2014
    Guest Post
    by Nora Gay, President-elect, Vice President of Membership, ACS University of Texas at Austin School of Law, Student Chapter
     
    “But it was a proclamation, it was not a fact.”
     
    The words of President Lyndon Baines Johnson echoed at the beginning of each program of the Civil Rights Summit in the LBJ Auditorium last week in Austin, Texas. A montage of historic photographs followed onscreen to a soundtrack of songs about change or progress mixed with other recordings of LBJ’s iconic words. I had the privilege of attending the panels on Wednesday and Thursday as well as the address by former President Bill Clinton and the keynote address by President Barack Obama.
     
    I have started to realize that when commemorating the anniversary of certain laws or court decisions like the Civil Rights Act, or last year, with Gideon v. Wainwright, it becomes more than simply a celebration; it is an evaluation of how far we have come and how far we must go, and it is a call to action. As President Clinton said in his speech, saying “thank you” to the politicians and activists who made the signing of the Civil Rights Act possible is not enough.
     
    University of Texas’ President Bill Powers introduced the Summit’s panels by talking about UT’s involvement with civil rights. Powers acknowledged that UT has not always been on the right side of history, and in fact the university played a role in stalling “separate but equal” in Sweatt v. Painter in 1950. Today, the university awaits the a decision by the U.S. Court of Appeals for the Fifth Circuit in Fisher v. University of Texas that was vacated and remanded by the Supreme Court last year. “We stand ready to defend diversity.”
  • August 30, 2012

    by John Schachter

    Forty-five years ago today, the U.S. Senate voted 69-11 to confirm Thurgood Marshall as the 96th Justice of the Supreme Court. That historic vote made Marshall the nation’s first African American justice and helped blaze a trail for others to follow.

    When President Lyndon Johnson nominated Marshall to the high court, he understood the historic importance, not just for the future of the court itself but for the broader issue of civil rights. Said Johnson, “I believe it's the right thing to do, the right time to do it, the right man, and the right place.”

    Times sure have changed; only one of those 11 votes against confirmation came from the Republican side of the aisle. But Johnson did get some 20 other southern senators to abstain from the vote; they faced the choice of alienating portions of their constituencies who couldn’t stomach an African American on the highest court or voting against the president and his historic choice.

    Marshall’s background is well known, from his more than two decades with the NAACP to his myriad arguments before the Supreme Court, culminating in the historic 1954 Brown v. Board of Education case that rejected the “separate but equal” doctrine in public education. President John F. Kennedy put Marshall on the U.S. Court of Appeals for the Second Circuit, and then Johnson made him solicitor general before the final promotion.