Archive

  • Important 4th Amendment Victory on Warrants and Smart Phones

    Wikipedia:Upload/Flickr
    Last year, there was a split between state and federal appellate courts on the question of whether the mobile phones of people being arrested can be searched without a warrant. The California Supreme Court held that the Fourth Amendment did not require a warrant for searches of mobile phones incident to a lawful arrest. In another case, the 1st Circuit Court of Appeals disagreed. Today, the Supreme Court sided clearly and convincingly with the latter: "Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is ...simple—get a warrant." This is a significant victory for the Fourth Amendment. Warrantless searches are presumptively considered "unreasonable" under the Fourth Amendment, but there are some exceptions to this general rule. One of these excpetions pertains to arrests. Typically, the police are permitted to conduct a warrantless search of a suspect's person during an arrest. As I argued earlier this year , however, there is...
  • Thad Cochran Runoff: For Once, Republican Outreach Works

    Flickr/Sparky
    For some time now, Republicans have expressed a desire to "reach out" to voters who aren't the prototypical Republican. If their party is made up almost entirely of white Christians, and largely older white Christians at that, they can continue to win congressional elections but have no hope of winning the White House any time soon in a country that grows less white and less Christian by the day. Well, yesterday we had an example of a Republican successfully reaching out to voters who aren't traditionally Republican. Sen. Thad Cochran, who has been in Congress approximately since mastodons roamed the Gulf Coast, won his runoff election against angry Tea Partier Chris McDaniel in part by convincing Democrats to vote for him in the run-off election. And in Mississippi, Democrats means black voters (in 2008, the last presidential election for which we have Mississippi exit poll data, 88 percent of the state's whites voted for John McCain). So we had the rather unusual spectacle of a...
  • Annals of Hillary-Hating: What's Wrong With Ambition?

    Flickr/Paxson Woelber
    If I asked you to describe the things you dislike about a prominent politician from the other party, you could surely come up with a long list, and "I disagree with him on issues" would be only one. You'd doubtless be able to describe a series of character flaws and disturbing tendencies that could in theory could apply to even members of your own party. But certain traits that we sometimes associate with politicians generally—pathological ambition, dishonesty, ruthlessness—we almost always ascribe to the those in the other party, while forgiving them in those who seek the same goals we do. To a degree, that's natural and almost everyone does it. But it becomes analytically problematic when you convince yourself that everything a particular politician does or says is a lie, nothing they say can be taken at face value, and their every motivation is dark and sinister. For instance, here's something Charles Krauthammer, who gets more admiration for his intelligence and insight from his...
  • What President Obama Could Do Today to Help Working Families

    Official White House Photo by Pete Souza
    Official White House Photo by Pete Souza President Barack Obama signs executive actions to strengthen enforcement of equal pay laws for women, at an event marking Equal Pay Day, in the East Room of the White House, April 8, 2014. This piece originally appeared at The Huffington Post . O n Monday, the White House held a summit on working families. The summit is intended to call attention to the fact that President Barack Obama wants to raise wages and job opportunities for working Americans, especially for working women. This is a welcome initiative, though there is a great deal that the president could do by executive order without waiting for a deadlocked Congress to act. The grotesque income inequality in our economy has at last some in for some overdue attention. For the vast majority of working Americans, there is only one source of income -- wages and salaries. Since the late 1970s, earnings for most working people have been flat, while the economy's productivity and the pay of...
  • Supreme Court Hampers EPA on Greenhouse Gases But It Could Have Been Worse

    Photograph by Joseph E.B. Elliot/Library of Congress
    Today, the Supreme Court failed to release almost all of the term's outstanding opinions for another day (or two, or three.) But it did issue an opinion dealing with the authority of the Environmental Protection Agency to deal with one the most pressing problems facing the world: climate change. Justice Scalia's opinion unnecessarily restricts the EPA's ability to regulate greenhouse gases, but the opinion could have been much worse. Utility Air Regulatory Group v. Environmental Protection Agency does deal with a real issue in the Clean Air Act. The act calls for the EPA to require permits from stationary sources that emitted between 100 and 250 tons or more per year of a pollutant covered by the act. In the context of carbon emissions, however, the quantities produced are much greater than for the typical pollutant, which would turn a statutory provision intended to exclude minor sources of pollution into a requirement to regulate these relatively small sources. Sensibly, the EPA...
  • Hillary Clinton Gets Tripped Up By the Blue-Collar Imperative

    AP Photo/Steven Senne
    AP Photo/Steven Senne HiIlary Rodham Clinton holds a copy of her new book "Hard Choices," at the start of a book signing at Harvard Book Store, Monday, June 16, 2014, in Cambridge, Mass. W e—and by "we" I mean both journalists and voters—ask politicians to do and say a lot of preposterous things. But few are as absurd as the requirement that every candidate, no matter who they actually are, pretend to be a regular fella or gal. Sure, she may walk with the wealthy and powerful now, but rest assured, she grew up amidst the common people, so she understands their travails. Not only that, she retains her love of the simple pleasures enjoyed by all—woe be to the candidate who sips wine or takes in a classical music concert instead of downing a Bud and watching football. If she is actually wealthy, the candidate must wear that wealth so lightly you barely know it's there. Any mention of it must be accompanied by a furious denial that she is actually one of those snooty rich people who do...
  • How Many Gun Deaths Are There In Your State?

    Your charty goodness is inside.
    Since Washington is a fetid swamp of moral compromise and soul-sucking humidity, my family and I sometimes debate where we might go if we decided to move elsewhere. One of the possibilities that comes up is Colorado, since we have friends there and the state features lots of opportunities for outdoor recreation. But I'm given pause by the fact that Colorado seems to have more than its share of gun massacres, and even if statistically speaking they aren't something to spend too much time worrying about, it's natural to have it weigh on your mind. Americans increasingly want to live around people who think like them , and that can extend beyond political beliefs to politically-tinged behaviors, particularly those meant to terrify people who have opinions different from yours. Like many a bleeding-heart liberal, I'd prefer to be able to stop in at my local Target and not have to share my shopping experience with a bunch of nutballs toting AR-15s . Call me crazy. If you're considering a...
  • Epic! Cheney Made to Answer to Paul Waldman's Assessment of Iraq Record

    Fox News
    Fox News host Megyn Kelly yesterday put former Vice President Dick Cheney on the spot, reading to him the words of Prospect Contributing Editor Paul Waldman, and demanding a response. In his other gig at the Washington Post , Waldman wrote a searing assessment of Cheney's recent attack on President Barack Obama's Iraq policy, offered in a Wall Street Journal op-ed he co-authored with his daughter, Liz, who served in the Bush administration's State Department. In her interview of Dick and Liz Cheney, Kelly read this bit from Waldman's WaPo post : There is not a single person in America...who has been more wrong and more shamelessly dishonest on the topic of Iraq than Dick Cheney. And now, as the cascade of misery and death and chaos he did so much to unleash rages anew, Cheney has the unadulterated gall to come before the country and tell us that it’s all someone else’s fault... Then she asked, "The suggestion is that you caused this mess, Mr. Vice President. What say you?" As related...
  • Schweitzer #FAIL: Live By Authenticity, Die by Authenticity

    Authenticity, thy name is bolo tie. (Flickr/Center for American Progress Action Fund)
    Did former Montana governor Brian Schweitzer's presidential ambitions just go down the tubes? I've been criticizing the press' focus on "gaffes" for a long time , but there are some things that, once you say them, are hard to put behind you. Schweitzer, who has always been known for being unfiltered, invited National Journal reporter Marin Cogan up to his house in Montana , and the result was rather interesting: This was the week that Sen. Dianne Feinstein took to the Senate floor to accuse the CIA of spying on congressional staffers investigating the agency's treatment of terrorism suspects under the Bush administration. Schweitzer is incredulous that Feinstein—considered by her critics to be too close to the intelligence community—was now criticizing the agency. "She was the woman who was standing under the streetlight with her dress pulled all the way up over her knees, and now she says, 'I'm a nun,' when it comes to this spying!" he says. Then, he adds, quickly, "I mean, maybe...
  • Should We Listen to Those Who Were Wrong on Iraq in 2002?

    Dick and Liz Cheney announcing their new pro-strength organization.
    Last week, I wrote a post over at the Washington Post expressing amazement that so many of the people who were so spectacularly wrong on Iraq in 2002 are now returning to tell us what we should do about Iraq in 2014. While it went out under the headline "On Iraq, let's ignore those who got it all wrong," I didn't actually argue specifically that they should be ignored, just that we shouldn't forget their track records when we hear them now (although I did allow that seeking out John McCain's opinion on Iraq is like getting lost and deciding that Mr. Magoo is the person you need to ask for directions). Then yesterday, after Dick Cheney popped up with a predictably tendentious criticism of Barack Obama, I wrote another post on the topic of our former vice president, and here I did get a little more explicit about how his opinions should be greeted, after running through some of his more appalling howlers: There is not a single person in America — not Bill Kristol, not Paul Wolfowitz,...

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