Surveillance

  • June 10, 2014

    by Charles Withers

    Last Friday, the Obama administration announced that it will provide lawyers for children facing deportation. According to Attorney General Eric Holder, the step will “protect the rights of the most vulnerable members of society.” Kirk Semple at The New York Times explains how the policy will affect immigration reform.

    In 2011, families of former marines at Camp Lejeune, North Carolina sued an electronics plant for poisoning their water. Yesterday, the Supreme Court in a 7-to-2 decision ruled in favor of the electronics plant, saying that the families had missed a deadline to file suit. Sam Hananel at The Associated Press has the story.  

    Writing for The New York Times, David E. Sanger and Nicole Perlroth note the steps being taken by Google and other internet companies to protect their systems from the National Security Agency. 

    At The New Republic, Simon Lazarus breaks down Bond v. United States and how ”neo-isolationists” have “chosen a route to victory through the Supreme Court—not Congress, state legislators, or voters.”

  • May 8, 2014

    Critics of the Roberts Court assert that its recent trend of opinions have favored increasing restrictions on minorities. In an op-ed for The New York Times, Thomas B. Edsall explains why an examination of the high court’s decisions in McCutcheon v. Federal Election Commission, Shelby County v. Holder and Crawford v. Marion County Election Board, reveals a “Supreme injustice.”
     
    As the Supreme Court prepares to address the recess appointment dispute in National Labor Relations Board v. Noel Canning, Victor Williams at The Huffington Post reminds Justice Scalia of “his former, much broader view of originalism in the context of presidential appointment authority.”
     
    The Supreme Court’s decision in Riley v. California and American Broadcasting Co. v. Aereo, Inc. “may significantly alter the way we capture, store, and consume information (Aereo) and the extent to which we can expect privacy with regard to, or control, that information (Riley).” Writing for the Brennan Center for Justice, Victoria Bassetti addresses whether the justices are “tech literate enough to get these cases right.”
     
    Yesterday, the House Judiciary Committee voted to amend the USA Freedom Act which “would require the National Security Agency to get case-by-case approval from the Foreign Intelligence Surveillance Court before collecting the telephone or business records of a U.S. resident.” Kevin Drum at Mother Jones has the story.
     
    Oklahoma Gov. Mary Fallin is facing criticism for her decision to bypass the state Supreme Court’s stay in the execution of Clayton Lockett. Jamelle Bouie at Slate  argues that “Lockett’s execution was a horrifying display—a cruel and unusual death that wouldn’t have happened without Mary Fallin.” 

     

  • April 23, 2014
     
    At The Daily BeastGeoffrey R. Stone, former ACS Board Chair and current Co-Chair of the Board of Advisors for the ACS Chicago Lawyer Chapter as well as Co-Faculty Advisor for the University of Chicago Law School ACS Student Chapter, discusses his experience on the President’s Review Group on Intelligence and Communications Technologies and why “constant, rigorous, and independent review is essential if we are to strike the proper balance between liberty and security in a changing world.”
     
    The Supreme Court heard oral argument yesterday in a case involving an “Ohio law that criminalizes the spreading of false information about a political candidate during a campaign.”  The challenge comes after an anti-abortion rights group mischaracterized former Rep. Steve Driehaus’ (D-Ohio) stance on abortion during his 2010 reelection campaign. Robert Barnes at The Washington Post has the story.
     
    Yesterday, the Supreme Court upheld Michigan’s ban on Affirmative Action in Schuette v. Coalition to Defend Affirmative Action. Justice Anthony Kennedy wrote for the plurality while Justice Sonia Sotomayor wrote an impassioned dissent. Writing for SCOTUSblog, Amy Howe details the case.
     
    Peter Hardin at GavelGrab notes that if New Jersey Gov. Chris Christie chooses not to reappoint Chief Justice Stuart Rabner it could “give rise to the perception that Christie was attempting to intimidate judges working without tenure.”
     
    At The New Yorker’s Daily Comment Hendrik Hertzberg explains New York Gov. Andrew Cuomo’s decision to join the National Popular Vote (NPV) interstate compact.
  • April 16, 2014
     
    On Tuesday, the New York Police Department 
    announced that it would shut down a special unit that spied on Muslim groups. Known as the “Demographics Unit,” the squad allegedly “mapped communities inside and outside the city, logging where customers in traditional Islamic clothes ate meals and documenting their lunch-counter conversations.” Matt Apuzzo and Joseph Goldstein at The New York Times report on the controversy surrounding the NYPD. 
     
    India’s Supreme Court recently recognized transgender rights. In National Legal Services v. Union of India, the court recognized the pain and struggle felt by the transgender community while stressing the historical importance of the group within India’s diverse culture. Faculty Advisor for the City University of New York School of Law ACS Student Chapter Ruthann Robson writes at Constitutional Law Prof Blog that the court’s decision “not only requires the government to recognize a ‘third gender’… but also directs the government to take positive steps in education, health provisions, and ‘seriously address’ various problems.”
     
    Last week, Utah defended its ban on same-sex marriage before the U.S. Court of Appeals for the Tenth Circuit in Kitchen v. Herbert. During the hearings, state officials were “surprisingly straightforward in explaining that its marriage law is based directly upon its citizens’ religious values.” At Hamilton and Griffin on Rights Leslie C. Griffin, Co-Faculty Advisor for the University of Nevada, Las Vegas, William S. Boyd School of Law ACS Student Chapter, argues against religious-based law and why, when it comes to the same-sex marriage debate, “Utah has it backwards.”
     
    Juan Haines at The Life of the Law  describes District Attorney of Santa Clara County Jeff Rosen’s visit to a San Quentin jail where he spoke with inmates about “crime, punishment, rehabilitation, and reentry.” 

     

  • April 14, 2014
    Guest Post
    by Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law, The Ohio State University
     
    * Author's Note: I had the privilege on April 4 of delivering the following remarks as part of a panel on "Creating the Politics of Privacy," a session of the capstone conference for Ohio State's 2013-14 series of campus-wide programs on the distinction between public and private.
     
    ** This post originally appeared at The Huffington Post.
     
    America's cultural turn in recent decades toward a glorification of the private and a denigration of the public has coexisted with what quite obviously is a deterioration in privacy. As individuals, we have dramatically less capacity than in earlier decades to control information about even the most personal aspects of our lives. This is not just historical coincidence. The cultural turn to the "private" has actually hurt privacy.
     
    What I mean by a cultural turn is that, for the last 35-ish years, U.S. law and politics have moved away from the public-regarding orientation of the New Deal and its programmatic outgrowths and toward the individualist orientation of Reaganite small-government conservatism. We can see these moves in a variety of ways that implicate the private/public distinction. For example, we know that public institutions, such as schools, simultaneously create both public value and private value. They help both to benefit society through an educated citizenry and to prepare individuals for economic self-sufficiency. Yet our public policy toward schools has increasingly emphasized only their private value as providing persuasive reasons for their support.
     
    Likewise, private action simultaneously has both private and public impacts. What I do as an individual both serves my personal needs and gratifications and imposes externalities on others. Not all externalities are positive. Yet courts and politicians have increasingly resisted treating negative externalities as a sufficient justification for regulation. Supreme Court decisions limiting Congress' powers to keep guns away from schools or to provide federal remedies for domestic violence are perfect examples. The court's 2012 decision that Congress lacked power under the Commerce Clause to compel the private purchase of health insurance was based on legal arguments that earlier courts would have rejected out of hand.