ACSBlog

  • 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.

  • January 6, 2015

    by Caroline Cox

    Nancy Leong writes in the Huffington Post about how the death penalty has become both rarer and more problematic.

    In The Washington Post, Robert Barnes reports on the start of same-sex marriages in Florida and the Supreme Court’s meeting on the issue.

    Jenny Kutner reports in Salon on the rising number of abortion restrictions states enacted in the last four years.

    In The Nation, Katrina vanden Heuvel examines Justice Antonin Scalia’s recent comments on torture and the Eighth Amendment.

    Adam Liptak writes in The New York Times about an article Justice Elena Kagan wrote 19 years ago and its potential influence on a Supreme Court case.

  • January 5, 2015

    by Caroline Cox

    In The Atlantic, James Fallows provides a profile of the late Mario Cuomo in which he calls the former New York Governor “the most accomplished and engrossing public thinker” of the recent generation’s politicians.

    Steven Sanders argues in the Huffington Post that the Supreme Court should take up a marriage equality case.

    In The Boston Globe, Jessica Meyers reports on an upcoming Supreme Court case about a Massachusetts panhandling law that considers how to balance free speech with public safety.

    Hayato Watanable argues at The Hill that it is time to have an Asian-Pacific American on the Supreme Court.

    Steven Mazie at The Economist’s Democracy in America blog discusses a North Carolina abortion law that the U.S. Court of Appeals for the Fourth Circuit recently struck down.  

    At the blog for the Brennan Center for Justice, Lauren-Brooke Eisen considers whether there are criminal justice reforms upcoming in 2015.

  • January 2, 2015

    by Jeremy Leaming

    Liberals lost an inspiring orator, personality and tactician in politics with the death of former New York Governor Mario Cuomo. Many of the flood of eulogies, statements and tales of the long-serving governor reference his commitment to liberalism, especially when Ronald Reagan was pushing the limited-government agenda of the Right.

    ACS was fortunate to have had Cuomo serve on its Board of Advisors and was saddened by news of his death.

    Writing for The New York Times, Adam Nagourney noted Cuomo’s unwavering commitment to liberalism, which would lead to the New York governor becoming an “eloquent spokesman for liberal politics.” Cuomo took on Reagan’s “shinning city on a hill,” using high-profile opportunities to remind voters of inequalities in the nation that have continued to fester to this day.

    President Obama issued a statement that described Cuomo as “a determined champion of progressive values, and unflinching voice for tolerance, inclusiveness, fairness, dignity, and opportunity.”

    Some more thoughtful pieces on Cuomo’s life and work:

    Observations from The Atlantic’s James Fallows, with links to some of the governor’s speeches

    A piece for The Guardian by Walter Shapiro

    Blake Zeff’s personal look for Salon

    Los Angeles Times’ reporters Elaine Woo and Matt Pearce write that Cuomo “became one of the Democratic Party’s most forceful voices on the need to address economic inequality.”

  • December 31, 2014
    Guest Post

    by Leslie Bailey, Staff Attorney, and Paul Bland, Executive Director, Public Justice. This post first appeared at the Public Justice Blog.

    USA Today has run a startling and powerful editorial that shines a bright light on a dark practice. All too often, corporations that have manufactured defective and sometimes deadly products, or are engaged in other severely illegal behavior, ask courts to cover up the wrongdoing. Through the excessive use of secrecy orders, far too many courts have sealed evidence and allowed corporations to conceal facts that – if they had become publicly known – would have stopped dangerous and illegal behavior.

    In particular, USA Today focuses on the case of Rich Barber, whom we had the privilege of successfully representing in a challenge to abusive court secrecy. Rich’s son was killed because a Remington rifle had fired without the trigger being pulled due to a design defect that Remington knew about and concealed for decades. USA Today argues that a pattern developed over a number of cases: a particular plaintiff would discover key internal documents of the gun manufacturer relating to the defect and its knowledge, and Remington would settle the cases and demand (and get) broad secrecy orders sealing up the evidence. As a result, the public didn’t learn of the defect for many years, and many more people died. 

    USA Today notes that Rich Barber’s work, and that of Public Justice, helped break down this wall of secrecy. Rich championed important legislation in Montana that now restricts courts from sealing records in cases involving public safety.

    I urge you to read USA Today’s editorial in its entirety, and to share it with others. Its editorial board put the entire problem in perspective:

    Clever use of court secrecy – confidential settlements and ‘protective orders’ to seal documents – helped keep evidence of the rifle’s potential dangers under wraps. Had court documents been public, injuries might have been prevented and lives saved.