Today, the Supreme Court “upheld a Michigan voter initiative that banned racial preferences in admissions to the state’s public universities.” In a dissenting opinion, Justice Sonia Sotomayor stated that “the Constitution does not protect racial minorities from political defeat…but neither does it give the majority free rein to erect selective barriers against racial minorities.” Adam Liptak at The New York Times has the story.
Earlier this morning, the Supreme Court heard oral argument in Susan B. Anthony List v. Driehaus. The case deals with the issue of whether it can be a crime to falsify information about a candidate in a political campaign. NPR’s Katie Barlow and Nina Totenberg break down this issue of free speech.
Writing for The American Prospect, Virginia Eubanks explains why “Big Data might have disproportionate impacts on the poor, women, or racial and religious minorities.”
David Gans at Balkinization responds to George Will’s column for The Washington Post , defending progressive’s constitutional interpretation which “does not force us to choose between liberty and democracy.”
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.”
The Justice Department has long faced criticism from civil rights activists for its racial profiling procedures. In response, U.S. Attorney General Eric Holder has proposed revisions to the racial profiling rules which would “expand the definition of prohibited profiling.” However, many argue that the DOJ’s new efforts would “allow the F.B.I. to continue many, if not all, of the tactics opposed by civil rights groups.” Matt Apuzzo at The New York Times has the story.
Earlier this morning, the U.S. Court of Appeals for the Tenth Circuit heard the “first appellate case in the nation on gay marriage rights since last summer’s landmark U.S. Supreme Court ruling.” Led by attorney Peggy A. Tomsic, the plaintiffs shared with the judges “the ‘human reality’ at the heart of the case” and explained how Utah’s ban on gay marriage "has ‘cemented’ discrimination against same-sex couples.” Brooke Adams at The Salt Lake Tribune reports on the argument.
The Obama administration is “relinquishing oversight” over the Internet Corporation for Assigned Names and Numbers (ICANN). Gautham Nagesh at The Wall Street Journal explains how “Republicans concerned about the Commerce Department’s plan are pushing legislation to block the transition.”
Today, President Obama will speak at the 50th anniversary celebration of the 1964 Civil Rights Act, honoring the memory of President Lyndon Johnson and his contributions to the civil rights movement. Writing for The Hill, Justin Sink comments on the summit being held at the LBJ Presidential Library in Austin.
At The Atlantic, Andrew Cohen discusses “secession by attrition” in which a collection of senators are “starving the federal courts of the trial judges they need to serve the basic legal needs of the litigants who come to court each year seeking redress of their grievances.”
Writing for Daily Kos, Jon Perr criticizes Politico’s recent piece “Obama now outpaces George W. Bush on judges,” for its misleading message. While the Obama administration has made some “headway” against Senate Republicans’ egregious obstruction of the president’s judicial nominations, Perr reveals how Politico’s data shows that President Obama’s nominations have been “confirmed at a lower rate than President Bush’s.”
Yesterday, President Obama signed two executive orders that “will prevent retaliation against employees who disclose compensation information and will require businesses to include race and gender information when reporting compensation data.” Keli Goff at The Root comments on this critical step towards ensuring workplace equality.
At the Daily Journal, Richard L. Hasen discusses Justice Clarence Thomas’ concurring opinion in McCutcheon v. Federal Election Commission and the "faux judicial restraint" of the chief justice’s “gradualism.”
Michelle Olsen at Appellate Daily notes a recent petition to the high court requesting oral argument in a case involving threats made on Facebook.
Many believe that the Supreme Court’s decision in McCutcheon v. Federal Election Commission will further enable corruption through the use of “dark money.” Writing for The Washington Post, Heather K. Gerken, Wade Gibson and Webb Lyons discuss how the virtues of “disclosure and disclaimer provisions” could “direct campaign finance reform toward greater transparency.” In a related op-ed, Zephyr Teachout promotes “public-funding systems” and argues why “our candidates don’t have to be beggars at the feet of oligarchs.”
Yesterday, the Senate Intelligence Committee voted to declassify a report examining the Central Intelligence Agency’s interrogation programs during the Bush administration. Burgess Everett and Josh Gerstein at Politico break down the report expected to reveal that “CIA interrogators went well beyond the highly permissive guidelines the Justice Department issued permitting tactics many view as torture.”
Today marks the forty-sixth anniversary of the assassination of Dr. Martin Luther King, Jr. At The Root, Peniel E. Joseph comments on Dr. King’s “last crusade against the poverty, racism and militarism that he saw as the triple threat to humanity.”
Justice Sonia Sotomayor spoke with Der Spiegel about her legal career, women’s role within the court and her personal motto. You can see Justice Sotomayor and civil rights leader Theodore Shaw in conversation at the 2014 ACS National Convention.
At The Life of the Law, Elizabeth Joh shares “what artists are showing us about surveillance and the law.”