Daniel Tokaji writes "In Praise of Pre-Election Litigation," noting "[i]t is far better to resolve election disputes - especially those implicating the right to equal participation - well before Election Day than to clean up the mess afterwards."
Jack Balkin criticizes the McCain/Graham/Warner approach to detainee treatment:
It's important to understand that although Senators McCain, Graham and Warner are getting a lot of great press on their disagreements with President Bush, and are being widely championed as brave defenders of human rights, the bill they have authored in the Senate is not a good bill; it is merely less terrible than the one the President is pushing. The press has either been hoodwinked on this score or has been complicit in downplaying this aspect of their handiwork. I choose to believe that it is the former: hence this post.
In particular, the McCain-Graham-Warner bill, like the President's, would prevent anyone detained in Guantanamo Bay (or any other detention facility outside the U.S.) from challenging what has been done to them in court except as an appeal from the decision of a military commission.
That means that if the government decides never to try an individual before a commission, but just holds them in prison indefinitely, there is no way that they can ever get a hearing on whether they are being held illegally-- because they are not in fact a terrorist; or a hearing on whether they are being treated illegally-- because they have been abused or tortured or subjected to one of the Administration's "alternative sets of procedures"-- a.k.a. torture lite.
In related news, Bashman rounds up news of Senator Frist's plans to fillibuster any bill which does not include controversial provisions regarding torture that are supported by the Administration.
Think Progress notes that ExxonMobil has pulled funding from industry think tanks which "distort global warming science." This comes as the Administrative Office of the Courts releases new rules intended to prevent "Junkets for Judges."
Paul Butler questions the effectiveness of programs which relocate gang members to other cities. "There are better ways that community organizations, especially African-American churches, can use their resources. The most important thing they can do for public safety and to reduce mass incarceration is to help black boys graduate from high school. In terms of the difference that makes, nothing else even comes close."
and finally, Is That Legal? asks you to ponder these words: "Vice-President Donald Rumsfeld."