Law

Why Democrats Support the Drug War Status Quo

Medical marijuana for sale in California. (Flickr/Dank Depot)

Later today, I'll have a post up at MSNBC's Lean Forward blog explaining why the "Choom Gang" revelations from David Maraniss' new biography of Barack Obama didn't seem to make anybody mad (with the exception of libertarians who took the opportunity to make the entirely accurate point that Obama's Justice Department is vigorously prosecuting people for doing pretty much the same thing Obama did as a teenager, and if he had been caught he might have gone to jail and certainly wouldn't have grown up to be president). Briefly, it comes down to a couple of things: Obama had already admitted he smoked pot "frequently," so it wasn't much of a revelation; and around half of American adults have too, meaning they weren't going to be outraged. Furthermore, most of the reporters who would write about the story are probably in the pot-smoking half, making them less likely to treat it as something scandalous. But this raises a question, one posed by Jonathan Bernstein: Why do Democratic politicians overwhelmingly support the status quo on drug policy? Do they actually think it's good policy, or is it just politics?

Far-Off State Capitals Are More Corrupt

(Flickr/kmillard92)

A new paper shows that state capitals located in less-populated areas are more likely to breed corruption. The paper, authored by Filipe R. Campante of Harvard University's John F. Kennedy School of Government and Quoc-Anh Doh of Singapore Management University, tested what seems to be a logical idea: when lawmakers are more out of sight, they can get into more trouble. Turns out that in this case, the logical idea is the right one.

The War on Contraception Enters the Courts

WikiMedia Commons

Forty-three Roman Catholic plaintiffs—including the archdiocese of New York and the University of Notre Dame—have filed lawsuits alleging that the Obama administration's contraceptive coverage requirements violate the First Amendment and the Religious Freedom Restoration Act.

Dharun Ravi Goes to Jail

A year and a half ago, Dharun Ravi pulled a stupid, clumsy, and cruel prank. He used his webcam to spy on his male roommate kissing another man, and tweeted about it. Three days later, his roommate, Tyler Clementi, jumped off a bridge to his death—and Dharun Ravi's stupid prank became the focus of national outrage about bullying.

A Plan to Privatize a State's Entire Male Prison System

(Flickr/Tim Pearce, Los Gatos)

It's been tough times for the prison privatization industry. The two biggest companies both have extra space thanks to a recent drop in the number of people sent to private prisons. The companies just can't seem to expand their share of the market. The poor guys really lost out when the Florida Senate killed a bill that would have privatized 27 prisons and displaced more than 3,500 workers. The lobbying was so aggressive, one senator with health problems actually had to get protection from her colleagues.

Be Very Afraid

WikiMedia Commons

Jamelle's hot-off-the-presses cover story on how Romney will govern as a hardcore right-winger irrespective of what he "really" thinks is a must-read. And what's even worse is that this lesson applies beyond budget policy. To address one particularly important point, consider the Supreme Court.

A State-Federal Standoff over the Death Penalty

(AP Photo/Charles Dharapak, File)

A principled governor invoking “state’s rights” to defy federal policy. Aggressive local officials overriding state decisions. A federal court angrily affirming its own power. An anguished dissent attacking a power-hungry Congress. 

The Unecessary Radicalism of Citizens United

WikiMedia COmmons

One of the many striking things about the Supreme Court's infamous Citizens United decision is how poorly the facts of the case fit the extremely sweeping holding. The potential First Amendment issues involved with campaign finance regulation exist on a spectrum. Political editorials, even when published in corporate-owned media and attempting to influence the campaign, are obviously "pure speech" that can be restricted only in extraordinary circumstances. Direct donations to candidates, on the other hand, are further removed from pure speech and also raise serious problems of democratic equality, so the leeway that can be given to government to restrict them might be greater.

Keyboard Jihadist?

(John Ritter)

It’s unusual for a domestic terrorism suspect to have a fan club. But every morning of Tarek Mehanna’s eight-week trial late last year on federal terrorism charges, supporters packed the domed, ornate courtroom in downtown Boston, smiling and waving whenever Mehanna turned to face them. 

Supporters of Marriage Equality Need to Quit Whining

(Flickr/rudisillart)

You know how I felt about President Obama declaring himself in favor of same-sex marriage. I was gobsmacked. It’s politically risky. It’s symbolically powerful, in ways that Melinda Hennenberger noted sharply at the Washington Post.

“Inspired” But Not Read

(Flickr / Rhubarble)

“I happen to believe that the Constitution was not just brilliant, but probably inspired,” Mitt Romney told a town-hall meeting in Euclid, Ohio, on Monday. It may be that, like many who like to thump sacred texts, he has simply never read it.

Striking Down the PPACA: Still Not A Desirable Outcome

WikiMedia commons

Jon Rauch has an imaginary dialogued with the late Ted Kennedy in which he argues that a Supreme Court decision striking down the Affordable Care Act (a k a the PPACA) might actually be good for liberals. "If the Supreme Court guts another important law and conservatives cheer even louder," Rauch argues, "their credibility as advocates of [judicial] restraint will be shot.” And, in addition, striking down the PPACA would put us on the path to national health insurance. Perhaps, then, striking down the PPACA is something that progressives should secretly wish for?

In Voter ID Case, Court Tells Texas to Quit Stalling

(Flickr/whiteafrican)

In what read like a pretty clear smack-down, the federal court hearing the Texas voter ID case yesterday ordered the state to get its act together and quit stalling—or lose all hope of implementing a voter ID law by the November elections.

A Black Cloud Over the Ballot Box

The battle over voter ID

Creative Commons for Flikr

Americans who care about the right to vote are faced with an ugly reality as the 2012 elections come into view: no matter how many courts rule that voter identification laws will disenfranchise eligible citizens and no matter how many states U.S.

Face It: SB 1070 Is about Race

“Before you get into what the case is about,” Chief Justice John Roberts told Solicitor General Donald Verilli at the beginning of the government’s argument in United States v. Arizona, “I’d like to clear up at the outset what it’s not about. No part of your argument has to do with racial or ethnic profiling, does it? I saw none of that in your brief.”

A non-lawyer might be puzzled. The case, argued Wednesday, is testing the constitutionality of part of Arizona’s S.B. 1070, a statute that seeks to drive undocumented immigrants out of the state by rigid law enforcement. 

Pages