Law

Our Customers Don't Want a Pregnant Waitress

Fox Searchlight
Having a family shouldn’t cost you your job. It does, again and again—especially if you’re female. Which is one of the reasons women’s pay still isn’t equal. I’ll be writing about this in the months to come, but for today, here’s one way having a family can cost you your job: women still get fired for being pregnant. Although it’s been illegal since the 1978 Pregnancy Discrimination Act , women are still refused a job or let go if they’re pregnant. You’d be shocked, EEOC and employment law folks tell me, at how often employers say so point-blank: Come back after you have the baby . The guys don’t want to look at a pregnant waitress . Housekeeping is hard work; your pregnancy is a potential liability. Our customers are uncomfortable with a pregnant driver . All that’s illegal. It’s wonderful that we can talk about Sheryl Sandberg going home every day at 5:30 to be with her kids. And it’s wonderful that we can have the advanced conversation about women needing to stand up for themselves...

How to Vote Down Voter ID

Minnesotans defeat the GOP’s plan to restrict the franchise.

Flickr/cursedthing
Flickr/cursedthing I n late October, two weeks before the election, amid the glut of attack ads, a TV commercial appeared in Minnesota that grabbed everyone’s attention. It opens on former Governor Arne Carlson, a Republican, who is a familiar and beloved figure in the state, looking into the camera. “This voter-restriction amendment is way too costly,” he tells viewers. An image of $100 bills flashes to his right. Carlson’s jowls quiver as he solemnly shakes his head. An American flag hangs behind his shoulder. Fade and cut to Mark Dayton, the state’s current governor, a Democrat, on the right half of the screen. “And it would keep thousands of seniors from voting,” Dayton continues, his Minnesota accent especially thick. As he speaks, a black-and-white photo of a forlorn elderly woman appears. In a year when the two parties seemed to agree on little except their mutual distaste for each other, here was a split-screen commercial with a Democrat and a Republican, the only bipartisan...

New Marijuana Laws: Just a Smokescreen

Flickr/Rupert Ganzer
Flickr/Rupert Ganzer A medical marijuana dispensary across the border in Portland, Oregon. B efore Washington state voters legalized marijuana in the 2012 election, pot was easy enough to access on the black market. Five percent of state residents have used the drug in one form or another while burning through a remarkable 187,000 pounds per year, according to estimates by Washington’s Office of Financial Management. Getting high without getting arrested wasn’t much of a problem, either. Washington decriminalized medical marijuana 15 years ago, and today dozens of dispensaries are operating under protection of state law. In addition, Washington’s biggest city, Seattle, had instructed its police force to treat personal possession of marijuana as the lowest law-enforcement priority. So what’s the big deal about legalization in this already weed-friendly state? The new law doesn’t end the legal battle over marijuana so much as it changes the rules of engagement: Growers and dealers can...

Why Playwrights Aren't Political Analysts

Flickr/David Shankbone
During last year's presidential campaign, journalist Buzz Bissinger got some attention for writing an opinion piece explaining that he was voting for Mitt Romney because Barack Obama hasn't done enough to end poverty, which is kind of like saying you're switching from salad to Big Macs for lunch because you're trying to lose weight and salad has calories. For people familiar with Bissinger's extraordinary reportage, including books like Friday Night Lights and A Prayer for the City (one of the best books about big-city politics ever written), it was a shock. How could such a great reporter produce something so infantile and bereft of the simplest familiarity with logic? Then people took a look at Bissinger's Twitter feed and discovered that he spews out a puzzling combination of incomprehensibility and general assholishness. (sample tweet: "Romney lost was a suck candidate as it turned out. But every fucking liberal who whines about pro football should be forced to play it." Um,...

Employees? Consumers? Feh!

Flickr/Scott Lenger
Should the Supreme Court uphold it, last Friday’s decision by three Reagan-appointees to the D.C. Circuit Appellate Court appears at first glance to rejigger the balance of power between Congress and the president. The appellate justices struck down three recess appointments that President Obama had made to the five-member National Labor Relations Board during the break between the 2011 and 2012 sessions of Congress partly on the grounds that Congress wasn’t formally in recess, since one and sometimes two Republicans showed up to nominally keep it in session for the sole reason of denying Obama the right to recess appointments. Two of the three justices went further, ruling that the president can’t really make recess appointments at all. It’s not that Obama has made a lot of recess appointments. He’s only made 32—compared to the 171 made by George W. Bush; one of Bush’s appointees was John Bolton to the post of UN ambassador. Presidents have been making recess appointments since the...

The D.C. Circuit Court's Chaos Theory

Flickr/Kim Davies
O n 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. The key legal question addressed by the court concerns the president's power to make appointments without the "consent" of the Senate while it is in recess. There is no question that the Senate is in "recess" after a session of Congress has formally adjourned. In a longstanding practice going back to the administration of Andrew Johnson, however, presidents have considered the Senate in "recess" during any substantial break. As the Obama administration noted in its legal memo defending its recess appointments, the...

Freedom to Choose, Freedom to Marry

Is sex evil unless it leads directly to babies? Is marriage only legitimate if it fosters offspring, or is it also for intimacy? The U.S. Supreme Court issued three decisions between June 7, 1965 and Jan. 22, 1973 that collectively give the answer: No. Roe , the last of them, can be thought of as the exclamation mark. As we reflect on the 40th anniversary of that decision, there's another group that has Roe to thank for the rights it enjoys today: LGBT Americans. While many of us in the LGBT community see parallels between the gay and women's rights movements, we often overlook the direct role of Roe in establishing a right to same-sex marriage: If women are permitted to have sex without offspring—even if their contraception fails and those little cells start dividing inside them—then it must also be okay for women and women, or men and men, to have sex without the possibility of fertility. Reproductive freedom and LGBT freedom are two sides of the same idea. To explain, let me take...

Mississippi's Last Abortion Provider

Flickr/kbrookes
T welve years ago, Dr. Willie Parker was at home listening to Martin Luther King, Jr.’s “I’ve been to the mountaintop” sermon. Parker had heard the words many times before. But this time, he found himself focusing on King’s interpretation of the Bible story of the “good Samaritan,” who stopped to help a man who had been left for dead by robbers. Though others had passed the man by, the Samaritan stopped, King explained, because he didn’t think about the harm that might befall him if he did. Instead, he asked what might happen to the dying man if he did not. Parker, an ob-gyn who had been practicing for 12 years at the time, suddenly felt that King’s words held meaning for his own work. Having grown up in a religious family that was active in the Baptist church (Parker was “born again” and preaching the gospel at 15), he had been brought up to believe that abortion was wrong. Up to that point, he had never provided one. He’d refer women to other providers, but was too conflicted about...

Bill Clinton, Still Wrong about Guns

Flickr/Tim Hamilton
I've spent a good deal of time in the last year pushing back against the twin myths that the NRA delivered Congress to the Republicans in 1994, and then delivered the White House to George W. Bush in 2000. And no one is more responsible for the propagation of those myths, and the fear they inspire among Democratic office-holders, than Bill Clinton. For years, he has told anyone who'd listen that Democrats lost the House in 1994 because he passed an assault weapons ban and gun owners punished his party for it. He'll also say that guns were the reason Al Gore lost to George W. Bush in 2000. And now, at a moment when the prospects for meaningful restrictions on gun proliferation are greater than they have been in two decades, he's at it again. In a speech to Democratic donors, Clinton said the following: Clinton recalled Al Gore's 2000 campaign against George W. Bush in Colorado, where a referendum designed to close the so-called gun show loophole shared the ballot with the presidential...

What's Left of Roe

Barack Obama's re-election might make the landmark decision safe for now, but its meaning has eroded over the years.

(AP Photo/Pablo Martinez Monsivais, file)
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. The first major conservative victory in the struggle to narrow Roe v. Wade was the Hyde Amendment, which prohibited Medicaid funds from being used to provide abortion services. The Hyde Amendment split the pro- Roe v. Wade coalition on the Supreme Court, and was ultimately upheld in a 1980 5-4 decision . Three of the...

Here a Gun, There a Gun, Everywhere a Gun

A gentleman exercising his rights in a way that won't make anyone else uncomfortable. (Flickr/Teknorat)
As Jaime and I noted yesterday, many Democratic politicians feel the need to preface any discussion of guns with an assurance that they, too, own guns and love to shoot, as though that were the price of admission to a debate on the topic. But what you seldom hear is anyone, politician or otherwise, say, "I don't own a gun and I don't ever intend to" as a statement of identity, defining a perspective that carries moral weight equal to that of gun owners. So it was good to see Josh Marshall, in a thoughtful post , say, "Well, I want to be part of this debate too. I'm not a gun owner and, as I think as is the case for the more than half the people in the country who also aren't gun owners, that means that for me guns are alien. And I have my own set of rights not to have gun culture run roughshod over me." Let me tell you my perspective on this, and offer some thoughts on the question of what sort of a society we want to have when it comes to the question of guns. Because there are two...

In the Three Branches, Sharing is Caring

AP Photo/Carolyn Kaster
AP Photo/Carolyn Kaster O ne of the most misleading things that high school civics classes teach is that the United States government is based on strict separation of powers: Congress legislates, the executive branch carries out those laws, and courts judge. But as Obama’s announcement on gun regulation yesterday—in which the president laid out 23 executive actions he could take on gun safety without congressional approval—shows, that’s just not the system the framers of the Constitution gave us. In fact, as Richard Neustadt, the late founder of Harvard’s Kennedy School of Government, explained long ago , we have a system of separated institutions sharing powers. Yes, Congress legislates. But not only does the president have a direct role in the legislative process thanks to the veto; he signs executive orders and issues regulations through agencies that look an awful lot like making law. You won’t hear it from House Republicans and other conservatives, who are talking impeachment...

Obama's Second-Term BFD Agenda

Victor Juhasz
J ust after Barack Obama signed the Affordable Care Act into law on March 23, 2010, Joe Biden came up to him and, thinking they were out of range of the microphone, said to the president, “This is a big fucking deal.” If I understand the concept of a BFD in the technical sense that Biden must have had in mind, it’s a historic reform that changes America in a fundamental way. Presidents have other imperative responsibilities, such as upholding the Constitution, keeping the nation safe from foreign threats, and promoting a strong economy. As critical as those are, they are not BFDs; a president who does all those things will probably get re-elected yet receive only brief mention in the history books. To be celebrated by future generations requires the accomplishment of substantial change with enduring benefit. In the language of the political scientist James MacGregor Burns, that is the work of a transformational leader, not merely a transactional one. Illustration by Victor Juhasz This...

Roe v. Wade Was About ... the Environment?

AP Photo/Pablo Martinez Monsivais, file
Of course most young people don’t know what Roe v. Wade is. Why should they? I know nothing about the battle of Dunkirk or the fields of Verdun. Most people have a vague idea about the battles of the past; they care most about the battles they’re fighting today. And for young people, the abortion battle is over; why do they need to know its name? Here’s the background: Yesterday, the Pew Research Center released a poll on American attitudes toward Roe v. Wade on its 40 th anniversary year. Among the findings: while upwards of six out of ten Americans know the historic decision was about abortion, fewer than half of those ages 18-29 did. Just 44 percent, in fact. Numbers are higher if you’ve been to college or graduate school, of course, where you’re likely to have been forced into some public policy or contemporary issues class or conversation. But once they know what it is, they want it to stay legal. Less than one-third—27 percent—of that age group wants it overturned. Young people...

Will Congress Pass Obama's Gun-Control Legislation Proposals?

AP Photo/Keith Srakocic
President Obama unveiled his package of proposals to reduce gun violence today, a mix of executive actions he can undertake unilaterally (23 of them) and ideas that will require new laws passed through Congress. I'll tell you what I think about the package as a whole in a moment, but here are the major provisions: Universal background checks. Right now, about 40 percent of gun sales—those at gun shows, or between two private citizens—require no background check. This is a significant change. A new assault weapons ban. The ban in place between 1994 and 2004 was riddled with loopholes. This one is likely to be much stricter, making it harder to get new military-style weapons. But it won't affect the millions of such guns already in circulation. A ban on high-capacity magazines. Magazines would be limited to 10 rounds. A renewal of effective data-gathering and research into gun violence. Today, not only is the FBI required to destroy all background check information within 24 hours, the...

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