Rights of detainees

  • February 25, 2015

    by Caroline Cox

    Katrina vanden Heuvel writes in The Washington Post that there is reason to hope for significant criminal justice reform

    In USA Today, Richard Wolf explains the religious discrimination case against retailor Abercrombie & Fitch, which asks to the Supreme Court to consider whether job applicants must ask for religious accommodations or the employer should recognize the need for them.

    David Welna reports for NPR on how the Senate Intelligence Committee report on the CIA interrogation and detention techniques has changed arguments for terrorism suspects at Guantanamo Bay.

    Scott Dodson discusses Justice Ruth Bader Ginsburg and her impact on the Supreme Court and modern jurisprudence at Hamilton and Griffin on Rights.

    In The New York Times, Katie Zernike reports on a New Jersey judge’s ruling that Governor Chris Christie broke the law by not making full pension payments.

    Mark Joseph Stern takes a look in Slate at new plans from state legislatures to tackle the problem of rape on college campuses.

  • January 6, 2015
    Guest Post

    by Peter Jan Honigsberg, professor of law at the University of San Francisco and founder and director of the Witness to Guantanamo project.  

    January 11 is the 13th anniversary of the opening of the detention center at Guantanamo Bay, Cuba. Nearly six years have passed since President Obama announced on his second day in office that he would shutter the detention center within one year. 127 detainees still remain at Guantanamo, 59 have been cleared for release, many for years.  Over these 13 years, Guantanamo has been a black stain on America, a stain that Obama himself has acknowledged. Because of Guantanamo, people around the world have come to question the United States’ position as world leader in human rights and the rule of law.

    Several times during his administration, Obama has said that he wanted to close Guantanamo.  Although he has blamed the Republicans for placing restrictions on his ability to release the men, he has repeatedly signed legislation passed by Congress restricting release of the detainees. He cannot blame the Republicans. He has two more years to be true to his word and close the detention center. However, perhaps something is changing.  Since Election Day, he has released 22 people.  It took him three and one-half years (from May 2011 to November 2014) for him to release another 22 detainees. 

    However, it is easier said than done. Congress has continually prohibited detainees from being brought to the U.S. Until Obama can place the men who will be prosecuted, as well as those who are considered “forever” detainees, in prisons outside Guantanamo he cannot close the prison. If he does not close the prison, it is possible that the next president will be equally stymied, and that Guantanamo will only close when the last detainee has died.

  • 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.  
  • March 31, 2014

    In an op-ed for The New York Times, Bruce Ackerman eloquently compares the current state of gay marriage to the struggle of the civil rights movement in order to “emphasize the link between institutionalized humiliation and the constitutional requirements of equal protection.” Indeed, as Ackerman’s analysis points out, “dignity is a constitutional principle.”
     
    Earlier this morning, the U.S. Supreme Court heard oral argument in Alice Corporation Pty. Ltd. v. CLS Bank International, a case examining whether computer software is “eligible for copyright and patent protection.” Timothy B. Lee at The Washington Post provides useful commentary on the case.
     
    At Jost on Justice, Kenneth Jost notes that death row inmates are challenging the lethal injection formula that is being used for executions. In the piece, Jost explains why “it is not too much to ask that courts make sure that lethal injections, as carried out, are the humane executions they are supposed to be.”
     
    Jeffrey Toobin at The New Yorker reports on the successes of the Affordable Care Act thus far, the fecklessness of some of its promoters and the law’s most critical hurdle.
     
    Writing for Just Security, Marty Lederman describes why Hussain v. Obama is “a habeas case to keep an eye on.”
  • 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?”