Writing for TheHuffington Post, distinguished George Washington University Law School Prof. Alan B. Morrison and co-author Adam A. Marshall argue in favor of the National Popular Vote (NPV) movement. In his article, Morrison—a faculty advisor to the ACS Student Chapter at GWU—explains why the current state of the Electoral College is a major deficit to American democracy and how the NPV movement would facilitate a more representative voting system.
Writing for SCOTUSblog, Jody Freeman explains why the greenhouse gas cases pending at the U.S. Supreme Court will have little impact on the EPA and the government’s ability to regulate emissions.
The Associated Press reports on the developing case in the U.S. Court of Appeals for the Tenth Circuit that has Utah state attorneys insisting that same-sex marriage will devalue the family structure and lead to economic crisis.
David H. Gans of Slate breaks down Hobby Lobby’s lawsuit against the Obama administration to reveal why, when it comes to the free exercise of religion, most corporations are sitting this one out.
At the blog of Legal Times, Todd Ruger notes the diversity of President Obama’s judicial nominees.
JPMorgan Chase has agreed to pay the U.S. government $614 million to settle its defective loan case. Announced Tuesday, the deal settles claims stemming from JPMorgan’s approval of unqualified home mortgage loans since 2002. NPR reports on the legal ramifications being felt by the world’s biggest banks.
The U.S. Department of Transportation is designing new “Vehicle to Vehicle” communication technology that would help prevent traffic accidents. Reporting for the ACLU’s Blog of Rights, Jay Stanley discusses the privacy implications surrounding the new technology.
Herbert Smulls, a convicted inmate in Missouri, was executed before his final stay was denied last week by the U.S. Supreme Court. Andrew Cohen at The Atlantic reports on what went wrong and reveals a “breach in ethics and in the law.”
Daphne Eviatar at Just Security addresses the issues surrounding drone technology and what must be done to guarantee that its use remains within the law.
Writing for The Root, Henry Louis Gates Jr. provides a brief history of Black History Month and its founder, Dr. Carter G. Woodson.
The Lilly Ledbetter Fair Pay Act was the first bill signed into law by President Obama in 2009 and has been a vital tool in the battle against wage discrimination ever since. Writing for Roll Call on the anniversary of the bill’s passage, Lilly Ledbetter and the American Civil Liberties Union’s Deborah J. Vagins reflect on the legacy of the Ledbetter Act, the importance of the proposed Paycheck Fairness Act and the necessity of executive order.
Last year, the Senate eliminated its 60-vote supermajority requirement for most judicial and executive appointments after Senate Republicans chose to filibuster an egregious number of President Obama’s nominees. In an article for The Blog of Legal Times, Todd Ruger explains why it is likely that the Senate’s power to filibuster nominations will remain applicable to our nation’s highest court.
Writing for the Center for American Progress, Joshua Field examines the current state of the Voting Rights Act, post-Shelby County. In his report, Field addresses the need to combat voting-related discrimination and the role our federal courts must play going forward.
In an article for The National Law Journal, Tony Mauro examines the ACLU’s First Amendment fight against the Supreme Court’s ban on protesting on the Court’s plaza.
Senator Rubio of Florida is now one of the strongest contenders in the GOP for president. He is qualified and likeable and thus far has a clean record on ethics. One or more of Rubio’s Senate colleagues also might have a shot at the nomination. There are other good candidates as well. And Republicans, if they can get their act together, have a very good chance of electing a president in 2016.
One of the most important things a new president will do is appoint judges, the job that our current president has been trying to do for the past five years. The president will need the advice and consent of the Senate to make these appointments, but courts need judges, and presidents and senators have an obligation to make sure vacancies on courts are filled.
And the place where senators should care most about filling judicial vacancies should be their own home states. The interests of constituents in access to judges and justice should be a priority over playing partisan politics.
And this is why, until recently, it usually was not a problem for the Senate to allow home state senators an informal veto—implemented through the so called “blue slip” process—over confirmation of judges in their own states. Senators might try to block nominees from other states with filibusters and other tactics, but would protect their own constituents by working out a deal with the White House for nomination and confirmation of an acceptable nominee in their state.
* Editor’s Note: "LegalEyes," a new daily ACSblogfeature highlighting important news in law and public policy, begins with this inaugural post. Visit each weekday at noon for fresh updates.
Writing for the Brennan Center for Justice, Andrew Cohen explains how lawmakers in Alabama and Tennessee have introduced legislation to expedite capital cases in their states. With an already damaged prison system, Cohen explains how these new measures could mean the difference between life and death for today’s inmates.
While section 215 of the Patriot Act is widely known for its controversial surveillance tactics, section 702 of the FISA Amendments Act (FAA) brings to the forefront a whole host of issues regarding the legality of mass surveillance. Section 702 allows for the spying of non-U.S. citizens in an effort to prevent terrorism while collecting security intelligence without a warrant. In the first part of her ongoing discussion at Just Security on reforming Section 702, Jennifer Granick explains why and how the section should be reformed.
It was one issue that had Democrats and Republicans on their feet during the State of the Union address last week: immigration reform. Although House Republicans have answered calls to tackle immigration reform with a newly written plan, their recent efforts have culminated in a controversially opaque blueprint. Alex Altman at TIME Magazine breaks down reactions to the GOP’s ambiguous plan to reconstruct immigration law.
Writing for Balkinization, Jason Mazzone comments on the second murder conviction of Amanda Knox. The infamous case involving Knox and her former boyfriend in the 2007 murder of a British roommate was reestablished after the Italian criminal justice system reinstated its guilty verdict last week. In a revealing comparison between legal systems, Mazzone argues that Knox may be in a far better position today than if the case were originally held in the United States.