Senate Republicans have continued their blockade of nominations to the powerful D.C. Circuit Court of Appeals. On Tuesday, the GOP minority blocked a vote on the nomination of Cornelia ("Nina") Pillard to the D.C. Circuit. Fifty-six senators voted in favor of moving forward with the nomination. Pillard is typical of the circuit court judges the Republican minority has had a particular distaste for. First, she's not a white male. And second, she has utterly mainstream legal views that hardly meet the "extraordinary circumstances" the Senate allegedly requires to filibuster a judicial nominee.
On the first point, Jennifer Bendery of Huffington Post observes that the three women the GOP minority has now prevented from getting up-or-down votes are part of a trend:
Ten of the sidelined judicial nominees are women, two are openly gay and nine are minorities (seven are African American, one is Asian American and one is Native American). The lone executive nominee being blocked right now, Rep. Mel Watt (D-N.C.), is African American.
This is not to say that the fact Republicans are filibustering a disproportionate number of these nominees because of their race or gender. That they're nominees of a Democratic president was already damning enough evidence of their inability to carry out the law, in the GOP's opinion. Nonetheless, irrespective of their motivations, the result of Republican obstructionism is to make the federal courts less diverse than they should be.
In 1999, when John Auburger was elected supervisor of the Town of Greece, he decided to introduce a change of policy. Instead of opening the Rochester, New York suburb’s monthly town board meetings with a moment of silence, Auburger invited a rotating slate of local religious leaders to give an invocation. For the following nine years, every chaplain who delivered the opening prayer was a Christian. In February 2008, two Greece residents, Susan Galloway and Linda Stephens, sued the town, arguing that the prayers violated the First Amendment by endorsing Christianity.
On November 6, the case, Town of Greece v. Galloway, will go before the Supreme Court. It’s the first time in three decades that the Court has taken up a case on legislative prayer. In Marsh v. Chambers, a 1983 case that tackled the constitutionality of prayer before legislative sessions, the Court upheld the practice of using taxpayer funds to pay state chaplains.
In New York City, police mistakes get played out on a big stage. In September, the New York Police Department’s (NYPD) performance was caught on camera in crowded Times Square when two officers shot at an unarmed suspect, missed him, and hit two bystanders instead. The man had been lurching in and out of traffic and ignoring police commands to stop, and at one point pulled his hand out of his pants as if he had a gun, according to a report in The New York Times.
It was the latest in the department’s two-year run of unintentional shootings of innocents.
Like a not very bright seven-year-old with a shiny new toy, the National Review has found an inane talking point to run into the ground. "Republican AGs vs. Obama’s Court-Packing Plan" announces one headline. "House Testimony on D.C. Circuit Court-Packing Plan" says another.
On Tuesday, the Oklahoma Supreme Court handed down a ruling that will help determine how the U.S. Supreme Court handles its next big abortion case. But Cline v. Oklahoma Coalition for Reproductive Justice hasn’t been scheduled for oral arguments just yet. The law in question, which deals with abortion-inducing drugs, was messily written, leaving room for considerable doubt about whether the state of Oklahoma intended to require doctors to follow a particular set of dosage requirements (the state attorney’s argument)—or ban the use of the drugs for abortion entirely (the Oklahoma Coalition for Reproductive Justice’s argument).
When news broke Monday that Ohio would be the 25th state to expand Medicaid, there were plenty of cheers on the left. After months of negotiations with lawmakers that repeatedly broke down, Republican Governor John Kasich, who has made the expansion a centerpiece of his agenda, decided to take a new tact. With the legislature out of session, Kasich, through his Medicaid director, requested a waiver from the federal government to expand the existing Medicaid program without the assembly’s approval, an unusual move. He got permission to spend the money from a small body, called the Controlling Board, composed of three lawmakers from the House and Senate, respectively, as well as a governor appointee. The board normally moves money between programs to adjust for shifts in spending throughout the year. This time, it approved $2.5 billion in federal funds to open up health care for nearly 300,000 Ohioans.
The disturbing failure to prosecute alleged rapists in Maryville, Missouri, represents an all-too-common failure of American legal systems. In The Nation, Jill Filipovic has a must-read article highlighting another part of the problem: the Supreme Court. The Court's conservative justices have taken a federal remedy away from sexual-assault victims, in a case that represents a pattern in the Republican war on civil-rights enforcement.
With the Justice Department desperate to rehabilitate its image as a diligent prosecutor of financial fraud, securing a headline like “the largest fine against a single company in history” is a lifeline. A tentative deal would force JPMorgan Chase to pay a $9 billion fine and commit $4 billion in mortgage relief, to settle multiple investigations into their mortgage-backed securities business. The bank stands accused of knowingly selling investors mortgage bonds backed by loans that didn’t meet quality control standards outlined in its investment materials. JPMorgan Chase wants to “pay for peace” in this deal, ending all civil litigation around mortgage-backed securities by state and federal law enforcement (at least one criminal case would remain open).
Yesterday, the Court heard oral arguments in Schuette v. Coalition to Defend Affirmative Action. The case involves a decision by the 6th Circuit Court of Appeals to strike down a Michigan constitutional amendment banning the use of racial preferences in higher education. The oral argument did nothing to dispel the nearly universal assumption of court-watchers that the decision will be reversed, although the argument against the amendment has a stronger basis in precedent than it's sometimes been given credit for.
Starting with Buckley v. Valeo in 1976 and continuing up to the Citizens United decision in 2010, the Supreme Court has repeatedly found that attempts by Congress to restrict campaign finance violate the Constitution. In 2011, a bare majority of the Court found that a public-finance law that didn't suppress speech violated the First Amendment. Based on today's oral argument in McCutcheon v. Federal Election Commission, it is overwhelmingly likely that the Supreme Court will further restrict the ability of Congress to pass campaign-finance restrictions.
McCutcheon is a potentially new frontier in constitutional law because it involves campaign donations.
The Prospect's Paul Waldman has a terrific piece noting the terrible effects of states refusing the Medicaid expansion contained in the Affordable Care Act. Slate's Matt Yglesias notes who should get the blame for this: John Roberts and the other conservative Republican justices who—in an unprecedented decision—ruled that making existing Medicaid money from the federal government contingent on accepting the expansion was unconstitutional.
California passed a law last month to prevent a form of online harassment known as “revenge porn”—explicit images almost exclusively of women posted online by their former partners. The victims of revenge porn are often left without recourse, ignored or extorted by website hosts and discounted by local authorities who either lack awareness of federal cyber stalking and harassment laws or see little point in pressing charges. Frustrated by lack of recourse, campaigns such as End Revenge Porn have started fighting for state legislation to criminalize the practice. Until the passage of California’s law, New Jersey was the only state that had criminalized revenge porn.
“Education was where my heart was,” says Tyrone Sinclair in Growing Fairness, a documentary showcasing the impact restorative-justice programs can have in our nation's schools. Sinclair says he was expelled from school at 16, became homeless, and then ended up in jail. Now, he organizes young people in Los Angeles. “I knew that wasn’t the place for me,” he says of prison. “I love to learn every day.”
Next Tuesday, October 8, the Supreme Court is scheduled (pending shutdown nonsense) to hear oral arguments on McCutcheon v. FEC, a challenge to the total cap on the amount of money one wealthy individual is permitted to contribute to all federal candidates, parties, and PACs.
The current “aggregate contribution limit” is $123,200—twice the median household income in the U.S. As you might imagine, this cap affects very few people; just 1,219 people were at, over, or within 10 percent of the limit for the 2012 election cycle.
I’m guessing you are not sitting on $150,000 you’d like put into politics next year—so, why should you care?
Just about everyone who goes through a musical theater phase at some point falls in love with Sky Masterson of Guys and Dolls. In the movie version, Marlon Brando plays the gambler who will wager “sky high” stakes and finds himself singing “Luck Be a Lady” while rolling the dice to see if he gets the girl.
Going all in may be what you’d expect in a fictional-singing crapshooter, but it’s a bit more surprising in a U.S. attorney general.