President Obama

  • October 17, 2012

    by Jeremy Leaming

    Senate Republicans have made a mess of the judicial nominations process, ensuring that the road from nomination to confirmation during President Obama’s first term is incredibly long, arduous and unnecessarily divisive. A likely reason for the judicial nominations debacle centers on Republicans' desire to keep the federal bench tilted as far rightward as possible. So they obstruct judicial selections, keep as many seats open as possible in hopes their Party captures the Senate and White House in November.

    But as The New York Times noted in an Oct. 17 editorial at some point very soon the political nonsense needs to stop. It’s obvious. But take a look at JudicialNominations.org, where you’ll see that the federal court system has nearly 80 vacancies, with more than 30 of those vacancies deemed “emergency vacancies” by the Administrative Office of the U.S. Courts of the federal bench. So as the editorial notes, access to justice continues to be a tougher endeavor since courts are not running efficiently. As The Times puts it:

    The holdups have cost Americans dearly — in justice delayed (it now generally takes two years to get a federal civil trial) and justice denied. It is time to adopt a more efficient, less political approach to district court confirmations. The courts must be brought to full strength so they can meet the demands for justice. The next president and the new Senate should make reforming the confirmation process a paramount priority.

    Senate Minority Leader Mitch McConnell (R-Ky.) has been a leading character in the effort to scuttle the president’s judicial selections, largely for political reasons. Early in the Obama administration, McConnell (pictured) told a gathering at the Heritage Foundation that his Party’s “top political priority” was to deny Obama a second term. If McConnell’s Party can swing that feat, they’ll have plenty of seats to fill and the ability to keep the federal bench tilted rightward.

  • October 5, 2012

    by Jeremy Leaming

    A year ago today the country lost a courageous, prolific, principled and trailblazing legal scholar and activist for equality and social justice, with the passing of Derrick Bell.

    Bell was 80 when he died on Oct. 5, 2011, and had led a life devoted to bettering the lives of the country’s most vulnerable and to bettering the country as a whole. Bell was Harvard Law School’s first tenured black professor and subsequently its first black dean. The New York Times noted in an article about Bell his leading and inspiring actions to “expose” and fight racism in America.

    Today on the one-year anniversary of Bell’s death, hundreds of law professors and lawyers are urging many more of their colleagues to sign an open letter honoring his work and life. Scores of law professor and attorneys have already signed the letter; their names are included at the conclusion of the letter.

    The academics and lawyers’ letter opens noting that Bell’s “contributions as civil rights attorney, prolific legal scholar, and dedicated teacher have been noted in memorials held across the country,” and that throughout his storied career and life he had “labored to break race and gender barriers that remain pervasive in American society.”

    Earlier this year in the heat of a presidential election, rightwing pundits created a bit of an uproar when they tried to sully his reputation as some sort of radical or extremist, in a tawdry effort to undermine President Obama. (Obama was a young law student at Harvard during Bell’s tenure.) Video surfaced showing Obama at a public event involving Bell, and thanking him for his tireless work to diversify Harvard’s faculty. The rightwing pundits’ actions were more offensive than uproarious.

    In their letter, the law scholars and lawyers ask others to join them in celebrating a man who “was an advocate for women’s rights, gay rights and disability rights long before these were popular causes.”

    The letter concludes:

    In his honor, we too act on the courage of our convictions.  We invite lawyers and law professors throughout the nation to sign this Open Letter in support of Professor Bell’s legacy as a highly respected colleague, advocate and mentor.  We disavow any efforts to discredit Professor Bell, to malign his character, or to mischaracterize his contributions. We recognize Derrick Bell as a great champion of equality for all Americans. We honor 1his legacy and the example he provided of a life fully and courageously lived.

    Our signatures below express solidarity with an eminent scholar who advanced legal thinking, teaching and advocacy.  We encourage those who read this letter to continue Professor Bell’s quest for social justice and equality.  To learn more about our remarkable colleague, to read additional tributes, and to support his family’s request to endow the Derrick Bell Lecture Series on Race in American Society at New York University School of Law, please visit www.professorderrickbell.com

    Read the entire letter here.

  • September 25, 2012
    Guest Post

    By Alan W. Houseman, Executive Director, CLASP (the Center for Law and Social Policy)


    Civil legal aid helps low-income people navigate various civil matters like housing evictions, home foreclosures, predatory lending, child support, and domestic violence. It also helps people access government benefits like Social Security, disability, unemployment insurance, food stamps, TANF and health insurance. Without the services of a lawyer, low-income people with civil-legal problems may have no practical way of protecting their rights and advancing their interests.

    Civil legal aid in the United States is provided by approximately 500 independent, staff-based service providers, including 135 programs funded by the Legal Services Corporation (LSC).  These programs are non-profit entities that deliver civil legal aid by full-time attorneys and paralegals who provide advice, brief service, court and hearing representation, community legal education, economic and community development, and policy advocacy. 

    These core providers are supplemented by approximately 900 pro bono programs affiliated with state and local bar associations, over 200 law school clinical programs and several hundred self-help programs. 

    Total funding for civil legal aid is approximately $1,375,000,000. Funding comes from a variety of sources. The largest single funder is LSC. However, state sources provide the largest amount of overall funding. These include increases in filing fees, general revenue appropriations and Interest on Lawyers Trust Accounts (IOLTA). (IOLTA programs distribute the pooled interest of client trust funds to civil legal aid programs and other access-to-justice initiatives. Client trust funds contain short-term deposits of clients held by lawyers in interest-bearing accounts, which are used to pay court fees, settlement payments, and similar client needs.)

  • September 24, 2012

    by Jeremy Leaming

    The Republican effort to avoid filling judicial vacancies in the hopes of gaining more political power in November continues unabated, but not without justifiably sharp criticism.

    Senate Republicans’ agenda of obstructing everything Obama may be simple and nakedly political, but obstruction of judicial nominations is also disastrous for the nation’s court system. The Senate left town with more than 75 vacancies on the federal bench, many of them deemed emergency vacancies by the Administrative Office of the U.S. Courts of the federal bench.   

    Last week the Republicans blocked Sen. Majority Leader Harry Reid’s effort to force votes on 17 district court nominations, and left town for a recess after confirming only two. The Senate confirmed Gonzalo Curiel for a seat on the U.S. District Court for the Southern District of California and Robert Shelby to fill a vacancy on the U.S. District Court for the District of Utah. Both nominees were recommended for confirmation by the Senate Judiciary Committee about five months ago.

    In a press release, containing a list of pending nominations and a lengthy statement, Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) blasted the Republicans’ intransigence. The obstruction of the judicial nominations is yet another example of “Senate Republicans putting partisanship ahead of the interests of the American people,” Leahy said. “I have served in the Senate for 37 years, and I have never seen so many judicial nominees, reported with bipartisan support, be denied a simple up-or-down voter for four months, five months, six months, even 11 months.”

  • September 11, 2012

    by Jeremy Leaming and Dipal Shah

    At a New York Law School symposium examining the impact the 9/11 terrorist attacks have had on civil liberties, John Yoo, former George W. Bush administration attorney who wrote memoranda supporting torture of military prisoners, declared that in the years since the devastating events “civil liberties have grown quite a bit.” Yoo, now a law professor at UC Berkeley Law School, added that civil liberties in the country had been bolstered “because government has been primarily kept out of the way.”

    It was a statement that likely left some of the panelists wondering whether Yoo was being intentionally provocative. Indeed as noted time and again by the Center for Constitutional Rights, Human Rights First, Bill of Rights Defense Committee and law professors like Georgetown’s David Cole, a much stronger argument can be made that too often efforts to advance national security have trumped protections of civil liberties and the humane and lawful treatment of military prisoners.

    The New York Law School Review’s “visual scholarship project” created a short -- less than 14 minutes -- video highlighting some of that symposium and including additional discussions with legal scholars and advocates such as ACS President Caroline Fredrickson, Fordham Law School Professor Martin Flaherty, and Ohio State University law school Professor Peter M. Shane. Watch the NYLS Law Review video here or see below. 

    Shane, for instance said, he has knocked the Bush administration “for always saying that if anyone kind of pushed back against harsh interrogation techniques or rendition they would always say ‘well you want just want the law enforcement paradigm.’ And there’s this kind of attempt always to sort of cast people who are asking questions about particular policies as if they were somehow soft on terrorism, at best, and unpatriotic at worst.”

    Although President Obama, very early in his term, signed an order banning torture of military prisoners, many civil liberties groups blast his administration for following too much of his predecessor’s actions in this area. For instance, the Obama administration has invoked the so-called state secrets privilege to shut down actions brought by prisoners challenging their imprisonment, and has failed to close Guantánamo Bay, where prisoners are still indefinitely held. (Recently another prisoner died there; he was the ninth to do so. The Center for Constitutional Rights in a Sept. 10 press statement called on the administration to “conduct a full and impartial investigation, and treat the body and the family with all proper respect, none of which, regrettably, has consistently occurred in the past.”) Attorney General Eric Holder has also been criticized for failing to prosecute any of the CIA or military officials allegedly involved in torture of military prisoners.

    Shane, in his interview with the NYLS Law Review, said Americans, and possibly people in general, “are often too quick to accept that there is a tradeoff between these two things [national security and civil liberties]; that somehow to be more secure is to be less free.”

    Fredrickson, again for NYLS Law Review, said, “Many would argue that civil liberties are actually a core part of the national security that we give our nation, and that only when we have protections for what we believe are our vital rights as Americans are we actually able to keep ourselves safe.”