Writing for The Global Legal Post, ACS Board Member Reuben Guttman addresses the growing “privatisation of America.” In the piece, Guttman discusses the extensive use of private contractors and questions whether “we really have a modern day United States Government ‘of the people, by the people, and for the people’?”
U.S. Attorney General Eric Holder testified last week before the U.S. Sentencing Commission about a proposal that would reduce the federal prison population. Among other things, the amendments would offer “modestly shorter sentence recommendations [for] low level, nonviolent drug offenders.” Jessica Eaglin at the Brennan Center for Justice has the story.
The Supreme Court is set to review a petition for certiorari in a case involving whether a photographing company can deny services to same-sex couples on the basis of religion. Richard Wolf at USA TODAY breaks down Elane Photography, LLC v. Willock.
As the high court prepares to hear oral argument in Sebelius v. Hobby Lobby Stores, Inc., Lawrence Hurley at Reuters notes how the justices could “dodge the contentious question of whether corporations have religious rights.”
Writing for The Daily Beast, Jamelle Bouie debunks the assumption that “culture” is to blame for inner-city black poverty.
At Opinio Juris, Julian Ku discusses his participation in a hearing of the Privacy and Civil Liberties Oversight Board that addressed the National Security Agency’s surveillance authority.
Senate Select Committee on Intelligence Chair Dianne Feinstein (D-Calif.) accused the Central Intelligence Agency of illegally searching her committee’s computers. Mark Mazzetti and Jonathan Weisman of The New York Times report on the controversy that has “one of the C.I.A.’s staunchest defenders deliver[ing] an extraordinary denunciation of the agency.”
The conviction of William Jeffrey Dumas on three counts of rape was overturned last week by Judge Christopher McFadden of the Georgia Court of Appeals. Dumas was accused of raping a woman who is diagnosed with Down syndrome. David M. Perry at CNN describes how this “troubling case reveals the intersections between rape culture and the way we strip agency from people with disabilities.”
Ronald K. L. Collins at Concurring Opinions explains why, when it comes to the issue of cell phone privacy and First Amendment rights, “there is more here than meets the constitutional eye.”
Secretary of Homeland Security Jeh Johnson is testifying this week on the White House’s 2015 DHS budget request. Georgeanne M. Usova at ACLU’s Blog of Rights answers the major questions on immigration.
At Dorf on Law, Michael Dorf explains why granting certiorari and ruling for the petitioners in Elane Photography, LLC v. Willock“would open up a pandora's box of businesses seeking exemptions from anti-discrimination law.”
In Clapper v. Amnesty International USA, U.S. Solicitor General Donald Verrilli, Jr. said that the Department of Justice notified defendants whose information had been “obtained or derived from” the Section 702 surveillance program. However, the DOJ’s claims were found to be untrue. Writing for The Intercept, Dan Novack reports on the implications of this “false assurance” to the high court.
Arizona Gov. Jan Brewer vetoed a controversial bill that would have allowed businesses to discriminate against gay and lesbian customers after politicians, business owners and even the 2015 Super Bowl host committee protested the controversial bill. Aaron Blake of The Washington Post comments on the governor’s decision.
A federal district court judge in Texas declared the state’s ban on same-sex marriage unconstitutional. The ban, enacted in 2005 by popular referendum, was held to violate the Fourteenth Amendment by U.S. District Judge Orlando L. Garcia. Manny Fernandez of The New York Times has the story.
The Supreme Court could soon rule on McCutcheon v. Federal Election Commission. David Early and Avram Billig at the Brennan Center for Justice break down the five decisions that have shaped campaign finance law.
Liz Watson at Womenstake explains how the Maryland Fair Employment Preservation Act would ensure that “all workers in Maryland have an effective remedy from supervisor harassment.”
Federal District Court Judge William J. Martini dismissed a case against the New York Police Department for “engaging in blanket surveillance” of Arab Muslim communities after September 11, 2001. Adam Serwer of MSNBC exposes why the court’s decision shows that “religious profiling is okay, as long as you have a really good reason.”
Christopher Sprigman of Just Security examines the public relations effort by the National Security Agency’s Director of Compliance John DeLong and the agency’s General Counsel Rajesh De concerning the NSA’s controversial surveillance activities. In the article, Sprigman reveals why these efforts “create the appearance but not the reality of lawfulness.”
Today, the U.S. Supreme Court will hear arguments regarding the regulation of greenhouse gas emissions by the Environmental Protection Agency. Robert Barnes at The Washington Post breaks down Utility Air Regulator Group v. Environmental Protection Agency. For more on this case, please visit the ACSblog.
Writing for the Brennan Center for Justice, Andrew Cohen comments on the lack of media coverage on states’ secrecy laws concerning the types of lethal injections used in executions. Cohen discusses the implications of the media’s inaction.
At ACLU’s Blog of Rights, Nusrat Choudhury deconstructs Lee Daniels' The Butler and how its depiction of the arduous legal battles of the 1960s Civil Rights movement reminds viewers that “considerable distance remains on the path to true racial equality.”
Writing for Bloomberg, distinguished Harvard Law School professor Cass R. Sunstein objects to the “originalist” approach to constitutional interpretation. Sunstein reveals originalism’s “alluring siren’s call” and why “our constitutional tradition has been right to resist it.”
Today, members of the Privacy and Civil Liberties Oversight Board will testify before the Senate Judiciary Committee regarding their report on the National Security Agency’s bulk collection of phone records. Jennifer Granick of Just Security offers eight important questions Congress should be asking the PCLOB about the controversial surveillance tactics under section 702 of the FISA Amendments Act.
Last year, the Internal Revenue Service proposed new rules regulating political speech for select nonprofit organizations. Reporting for the ACLU’s Blog of Rights, Gabe Rottman and Sandra Fulton explain why these rules “create the worst of all worlds.”
At the NAACP, U.S. Secretary of Health and Human Services Kathleen Sebelius and NAACP Senior Director of Health Programs Shavon Arline-Bradley celebrate Black History Month with a discussion about the Affordable Care Act.
NPR’s Carrie Johnson notes Attorney General Eric Holder, Jr.’s call for 11 states to repeal laws prohibiting current or formerly convicted felons from voting