Litigation challenging the Affordable Care Act (ACA) finally reached the Supreme Court, where it was granted an unprecedented three days of oral argument. The cases raise fundamental questions about the meaning of Congress’s commerce and taxing powers, questions that reflect underlying debates about how the Constitution’s enduring principles should be interpreted to meet the needs of our complex, modern society. Arguments put forward by the law’s challengers reflect a vision of the Constitution that would cabin federal power and, their opponents contend, roll back decades, if not centuries, of settled law. Is the mechanism adopted for ensuring coverage by the ACA unprecedented or unexceptional? Is a ruling upholding the ACA consistent with traditional notions of congressional power? This debate addressed these and other questions through the lens of the health care lawsuits and offered reflections on the oral arguments in the ACA cases before the Supreme Court.
The View from the Bench: Judicial Campaigns and Public Confidence in the Courts
Thirty-nine states elect their judges in some fashion, whether as an initial selection process or through retention voting. These elections have the propensity to turn judges into politicians, at the potential cost of public skepticism regarding judicial impartiality. What can be done to address the perception that justice can be bought? This panel of state court judges shared their experiences and recommendations about how to enhance public confidence in the courts.
Congressional Gridlock and the Executive: A Battle Over Nominations, Recess Appointments, and the Use of the Filibuster
On January 4, 2012, President Obama made recess appointments to fill four key government positions, including the Director of the Consumer Financial Protection Bureau and three positions on the National Labor Relations Board. The recess appointments were immediately the subject of controversy, raising questions that were specific (e.g., about what constitutes a valid recess, the legitimacy of pro forma Senate sessions, and legal precedent for such nominations) as well as questions that were general (e.g., about how to address congressional gridlock and about the balance of power between the executive and congressional branches). This panel explored the legal and historical issues surrounding recess appointments, as well as outline possible reforms that could minimize the chance of future showdowns over executive branch and judicial nominations.
2012 ACS Convention Saturday Awards Lunch
Presentation of the David Carliner Public Interest Award and Richard D. Cudahy Awards. Presentation of the Student Policy Advocacy Award to Sandra Fluke by ACS and the Center for Reproductive Rights.
What’s at Stake: Examining Voting Rights in the 21st Century
As we head toward the 2012 presidential election, the ability of citizens to participate in the political process could have enormous consequences. This panel considered challenges to the right to vote posed by newly enacted obstacles, including new voter ID and residency requirements, constitutional attacks on the Voting Rights Act, the continued problem of felon disenfranchisement, and efforts by state legislatures in the reapportionment process to minimize the voting strength of growing minority communities. What impact will these developments have on voter participation during the next election cycle? What is at stake for American law and policy in the upcoming election? What proactive steps can be taken to eliminate barriers and expand voter access to the ballot box? Panelists discussed these and other questions that lay at the foundation of our democracy.
Global Warming and Political Cooling: Addressing Climate Change on Many Fronts
With the failure to pass comprehensive climate change legislation and unprecedented hostility to federal regulation, what other tools can be brought to bear to combat climate change? What state and local initiatives (state legislation, city ordinances, etc.) could prove productive? Given the Supreme Court’s recent decision in American Electric Power (AEP) v. Connecticut, which blocked state and local governments from using public nuisance claims in the federal courts to limit greenhouse gas emissions from electric power plants, what other bodies of law and litigation strategies might be employed? What does the AEP decision mean for pending cases, such as the Kivalina v. ExxonMobil litigation?