September 2017

  • September 7, 2017
    Guest Post

    by Nicholas Kalin, President, ACS George Mason University School of Law Student Chapter, and Arya Shirani, Vice President, ACS George Mason University School of Law Student Chapter

    US Department of Education Secretary Betsy DeVos appeared at the Antonin Scalia Law School at George Mason University’s Arlington campus to announce changes to the previous protocols regarding Title IX and sexual assault.

    If the proposed policy shifts are put into place, sexual assault survivors will face greater pressure to contact the police instead of speaking to a trusted member of their university. Supporters of the previous policy state that students have been more comfortable reporting sexual assaults since the present policies took effect. We believe that the heightened requirement and the greater burden of proof required will make it less likely for survivors to come forward. We believe that the previous policy, while imperfect, allowed survivors to occupy a safer and more comfortable learning environment. This is a dangerous precedent to set. While we hope that not a single rape will occur and these policies will never be needed, we realize that is not the world we live in. The further weakening of Title IX practices and returning power to the schools will only erase the advances made for the rights of sexual assault survivors.

  • September 6, 2017

    by Samuel L. Rubinstein, American Constitution Society Strategic Engagement Fellow

    As attorney Jack D’Aurora persuasively argued in a recent column in the Columbus Dispatch, rampant spending and lax ethics rules have contributed to a crisis of confidence in the Ohio judiciary. According to the Brennan Center’s New Politics of Judicial Elections Report, in 2014, more than $3.2 million was spent on Ohio Supreme Court races alone, the 5th most in the nation, with more than 22% of that coming from outside groups. This isn’t new, as Ohio saw more TV ads for Supreme Court elections than any state, every year in the 2000-2009 decade.

  • September 5, 2017
    Guest Post

    by Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and founding director of the Center for Immigrants’ Rights Clinic at Penn State Law - University Park and Lorella Praeli, Director of Immigration Policy and Campaigns and former Dreamer, American Civil Liberties Union

    *This piece draws from an ACS briefing call on DACA from August 24, 2017

    During the 2016 presidential campaign, Trump promised to deport Dreamers, a reference to people who came to the United States as children.

    The Deferred Action for Childhood Arrivals program (DACA), announced by the Obama Administration in June 2012, allows qualifying young people who were brought to the United States as children to request that any removal action against them be deferred in the exercise of prosecutorial discretion. Texas Attorney General Ken Paxton and 10 other state attorneys general have written to Attorney General Jeff Sessions indicating their intent to challenge DACA in court unless the administration agrees to rescind the program by September 5, 2017. Against this backdrop, the Trump administration announced the decision to terminate DACA.

  • September 5, 2017
    Guest Post

    Samuel R. Bagenstos, Frank G. Millard Professor of Law at the University of Michigan Law School

    For many of us, Labor Day marks the end of summer. We’ll perhaps have a cookout with family, friends, and neighbors, or maybe take advantage of the deals at the local shopping mall.

    But the Labor Day holiday, officially declared in 1894, once meant much more than that. The American Federation of Labor president Samuel Gompers described it as a day when workers would “meet at their parks, groves and grounds, and by appropriate speech, counsel with, and pledge to, each other that the coming year shall witness greater efforts than the preceding in the grand struggle to make mankind free, true and noble.”

  • September 5, 2017
    Guest Post

    Andy Blevins, Legal & Policy Manager, OutServe-SLDN

    Serving in our nation’s military is undeniably one of the most courageous and selfless acts an individual can make. According to former Defense Secretary Ash Carter, nothing but an individual’s “lack of merit” should prevent them from such service. President Obama agreed: merely being transgender should not disqualify somebody from military service, he said.

    Neither Mr. Carter’s nor President Obama’s statements created a newfound desire to serve this nation: transgender people have been serving alongside us, in silence, forever. In fact, it is estimated that more than 15,000 transgender individuals are currently wearing the cloth of our country. They follow more than 134,000 transgender veterans and precede even more who are standing by, ready to offer their own commitment and dedication to our nation.