Law

The Abortion Restriction That’s Too Extreme for Most Pro-Lifers

AP Images/The Columbus Dispatch/Brooke LaValley

Earlier this month, lawmakers in Kansas ended this session’s debate over abortion on a surprisingly low-key note. The Republican leadership shepherded two minor tweaks to existing abortion policies through the legislature, while staving off a far more contentious measure: a bill that would criminalize abortion after a fetal heartbeat can be detected, as early as six weeks into a pregnancy. The bill’s advocates say they are confident it would have passed, had it reached the floor; Kansas has strong anti-abortion majorities in both houses of the legislature and pro-life crusader Sam Brownback in the governor’s mansion. But the Republican leadership, prompted by the state’s most powerful pro-life group, Kansans for Life, used a legislative loophole to keep their more radical colleagues from attaching the fetal heartbeat proposal.

Don't Let the Bush Administration Off the Hook For Torture

There's a new report out today from McClatchey on the CIA's torture program based on that Intelligence Committee report. They got a closer look at it than journalists have before, so there are some more details. But there's a danger in how this could be interpreted that will serve to let people who were complicit in the torture program off the hook, so we need to be careful about how we deal with this information. But first, here are their bullets:

How John Paul Stevens Would Amend the Constitution

AP Images/Manuel Balce Ceneta

What made John Paul Stevens's contributions in his 35 years on the Supreme Court so invaluable was not just the votes he cast but his fiercely intelligent idiosyncrasies. On issues ranging from the fundamental incoherence of trying to use different categories of scrutiny to apply the equal protection clause to the Establishment Clause, to problems presented by the Religious Freedom Restoration Act, to racial discrimination in the War on Drugs, Stevens carved out unique positions that have generally aged much better than the alternatives. So it's gratifying that Stevens has not retired in silence, instead providing valuable commentary on constitutional controversies including the right to vote and the American criminal justice system. Stevens's new book, Six Amendments: How and Why We Should Change the Constitution, represents another valuable and accessible contribution to the country's constitutional discourse.

Yes, Being a Woman Makes You Poorer

AP Images/Susan Walsh

Senate Republicans blocked the Paycheck Fairness Act yesterday, a bill that would make it illegal for employers to punish workers for discussing wages and would require them to share pay information with the Employment Opportunity Commission. President Barack Obama has already signed an executive order prohibiting federal contractors from punishing employees who talk about their pay. These two actions were pegged to the somewhat made up holiday called “Equal Pay Day” celebrated Tuesday, and were discussed by many in Washington in merely political terms: evidence of attempts by Democrats to woo women voters and a continuing sign of Republicans “difficulties” with them.

Fetal Abnormalities: The Next Minefield in the Abortion Wars?

AP Images/Steve Helber

In January, two legislators in Virginia’s House of Delegates introduced a bill that should have been uncontroversial. The bulk of HB 612 created new rules for genetic counselors practicing in the state, who had been unregulated and unlicensed. The roughly 95 genetic counselors already working in the state, screening pregnant women and adults for serious inheritable conditions, favored the law, which they saw as an extra layer of patient protection. The bill was so innocuous that by the time it passed in the House in late February, no one seemed to have noticed that it contained a conscience clause so sweeping that could allow counselors to refuse to provide fetal test results for conditions like Down Syndrome or Tay-Sachs Disease—the information patients came to them for in the first place—if they believed it could cause a woman to terminate her pregnancy.

Beyond Corruption

AP Images/Mark Lennihan

There was a time in our history, thankfully long past now, when bribery was common and money's slithery movement through the passages of American government was all but invisible, save for the occasional scandal that would burst forth into public consciousness. Today, we know much more about who's getting what from whom. Members of Congress have to declare their assets, lobbyists have to register and disclose their activities, and contributions are reported and tracked. Whatever you think about the current campaign finance system, it's much more transparent than it once was.

It’s Andrew Cuomo’s Fault!

AP Images/Evan Agostini

This year was supposed to be different in New York. After failing to pass a comprehensive public financing system during the last legislative session, advocates for the measure believed this year, they would get the deed done, and New York state would match small-dollar donations with public funds, allowing campaigns with low-level donors to compete with those whose supporters can write big checks. But on Tuesday, the effort to get public financing in New York had been dealt a major (if not a fatal) blow. Highlighting the stakes of such legislation, Wednesday morning the United States Supreme Court removed one of the last vestiges of the nation’s campaign finance system, banning caps on the total amount individuals can give to candidates in the McCutcheon v. FEC decision.

The Obscure Heroes Behind Congress’s Great Moment

AP Images

On Tuesday July 2, 1963, Assistant Attorney General Burke Marshall caught an early morning flight to Dayton, Ohio. Six days before, Marshall’s boss, Attorney General Robert F. Kennedy, had appeared before a House Judiciary Subcommittee to present the newly introduced civil-rights bill that his brother, President John F. Kennedy, had committed himself to enacting during a powerful nationwide television address on June 11.

Will Disclosure Save Us From the Corrupting Influence of Big Money?

You'll have to do a lot better than that. (stockmonkeys.com)

There is going to be a lot of speculation about how the Supreme Court's decision in McCutcheon v. FEC to eliminate the aggregate limits on campaign contributions will affect the influence of big money in politics. That's because it serves to make an already extremely complex system a little more complex, and there are multiple ways the decision could matter; on the other hand, it might make no difference at all. For the moment, I want to consider the role of disclosure, because I think it's going to become increasingly important in the near future, particularly if the Court goes all the way and eliminates all contribution limits. It should be said that in this case, they could have done that, but decided not to (only Clarence Thomas, in a concurring opinion, advocated eliminating all limits). But there is some reason to believe that the conservatives on the Court will go there eventually. And if they do, disclosure is going to be their justification: that as along as we know who's giving money to candidates, the risk of corruption will be small. That might strike you as reasonable, or it might strike you as absurd (you think the banks aren't getting their money's worth when they donate to every member of the committees that oversee them?), but it will be an argument that conservatives are likely to be making with increasing frequency in the coming years as they try to remove the last bricks from the crumbling edifice of campaign finance restrictions.

Roberts Court: Government Must Be By, and For, the Wealthy

AP Images/Dana Verkouteren

Everyone who thinks that the rich don't have enough influence on American politics can rest easier. In an expected but still depressing decision today, the Supreme Court struck down aggregate limits on how much an individual can donate to politicians and political parties within a 2-year window as a violation of the First Amendment. Having already made it impossible for Congress to place significant restrictions on campaign spending, a bare majority of the Court is now chipping away at the ability of Congress to place limits on donations as well.

Federal Court Upholds Texas's War On Roe v. Wade

AP Images/RON T. ENNIS/Fort Worth Star-Telegram

Last year, as much of the nation is aware thanks to Wendy Davis, Texas passed a particularly draconian abortion law. Predictably, the law has already caused abortion clinics to close, and by the end of the year there are expected to be only 6 clinics remaining to serve the nation's second-largest state.

More Than Corruption Threatens the Integrity of Our Democracy

AP Images/Pablo Martinez Monsivais

What does it mean to corrupt an elected official?

A coal executive walks into a member of Congress’s office with a $100,000 check in hand and says, “I will hand you this check if, and only if, you vote against any fracking permits on federal land—it’s bad for the local water supply, and besides I don’t need the competition.” The Representative accepts the check and then votes “nay” when the time comes. Is that corrupt? Most people would say yes—it’s a paradigm case. After all, there is a quid pro quo exchange—you do this, I give you that.

Yet Another Legal Attack on Obamacare

AP Images/Pablo Martinez Monsivais

On Tuesday, federal courts heard two of the seemingly endless ad hoc legal challenges generated by Republicans opposed to the Affordable Care Act. Most of the attention was captured, for good reason, by the arguments at the Supreme Court, which concerned the claims by Hobby Lobby and other corporations that they should be exempt from the Affordable Care Act's requirements that insurance cover contraceptives. But a lawsuit with the potential to do far greater damage to the Affordable Care Act went before the D.C. Circuit as well. In a more rational universe, these arguments would be laughed out of court—but the oral arguments suggest that there are still numerous Republican judges willing to damage the Affordable Care Act by any means necessary, even if it means accepting arguments virtually nobody would have taken seriously five years ago.

Hobby Lobby and the Return of the "Negro Travelers' Green Book"

Jalopnik

Victor Green loved to travel. Being a mail carrier in the mid-twentieth century was a good, solid job, and the heyday of the American automobile was just beginning. Americans felt more mobile than ever before, especially once Eisenhower's interstate highway system expanded like a web through the country. The freedom of the open road beckoned.

Ruth Bader Ginsburg, Retirement, and the Value of Term Limits

AP Images/J. Scott Applewhite

There is a debate among liberal intellectuals about whether it's appropriate to urge Ruth Bader Ginsburg to step down with the Democrats still in control of the Senate and White House. It's a discussion that brings up a lot of fascinating questions of public obligation and the respect due to individuals. But the key takeaway should be this: The decision about whether to retire should be taken out of the hands of individual justices.

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