In a major reportorial coup, NBC's Michael Isikoff has uncovered the "white paper" that the Obama administration used to internally justify extrajudicial killings in the "war on terror." Not only has Isikoff performed a valuable service by making the memo available to the public, this will also be the first time it had been made available to most members of Congress.
On Friday, a three-judge panel on the D.C. Circuit Court of Appeals ruled that President Obama's recess appointments to the National Labor Relations Board—the U.S. agency charged with remedying unfair labor practices—were unconstitutional. The opinion—written by highly partisan Reagan appointee David Sentelle—would effectively remove the president's power to make any recess appointments at a time when counterbalances to an obstructionist Senate are more necessary than ever.
Since the ruling was handed down 40 years ago today, Roe v. Wade—which held that the constitutionally guaranteed right to privacy included a woman's right to choose to have an abortion—has been subject to an ongoing legal and political assault. This assault has not succeeded in getting the decision overturned. But it has caused the scope of the opinion to become narrower in ways that have disproportionately affected the rights of women of color, poor women, and women in isolated, rural areas. The re-election of Barack Obama might make Roe safe for the time being, but it is worth taking stock of how its meaning is being eroded and what the future battles would be.
Less than a month after Barack Obama was elected in 2008, John Brennan withdrew himself from consideration for head of the Central Intelligence Agency (CIA) because of opposition from liberals, which centered on his role as chief of staff to CIA director George Tenet when the Bush administration's arbitrary detention and torture programs were being developed. It is particularly depressing, then, that Obama has done as a safely re-elected incumbent what he felt he could not do in his first term: Nominate Brennan as head of the CIA. The fact that Brennan has been nominated despite his support for some of the worst abuses of the post-9/11 security state demonstrates the appalling extent to which many of these practices have become institutionalized, as well as the political weakness of defenders of civil liberties.