Law

Arbitrary Detention Suffers First of Perhaps Many Blows

On New Year's Eve last year, Barack Obama signed the National Defense Authorization Act (NDAA) for Fiscal Year 2012. Among many other provisions, the Act authorized indefinite arbitrary military detention on American soil for people suspected of ties with al-Qaeda or affiliated groups.

Swing-State Scare Tactics

(AP Photo/Marc Levy)

We’ve heard a lot about debates over strict voter-ID legislation this cycle, but there’s an even more pressing problem in some parts of the country: intimidation at the ballot box. In addition to pushing for these voter-ID laws—which require citizens to show a government-issued ID before casting their ballot—conservative groups like True the Vote have alleged widespread voter fraud, recruiting volunteers to act as poll watchers and look for any signs of illegality from voters. True the Vote has also pushed volunteers to comb through the voter rolls for signs of fraud. It's left many worried about the likelihood of scaring voters away from the polls.

It all begs the question: What laws are on the books to protect the right to vote?

Why Partisans and Election Law Shouldn't Mix: See Ohio

(AP Photo/Jim Mone)

Last June, Ohio’s Republican state legislators sought to pass an extremely strict voter ID law, with deeply disturbing implications for minority voters. It would have been among the strictest in the nation, requiring voters to show a government-issued ID with virtually no recourse for those lacking the necessary documents. But the opposition came from an unexpected place—Ohio’s Republican Secretary of State Jon Husted.

Poll Spells Trouble for Iowa Judge

(Flickr/Serdar Kaya)

It looks like another Iowa Supreme Court justice may lose his job this year. Conservatives are once again railing against one of the judges who legalized same-sex marriage in Iowa. Bob Vander Plaats, a prominent social conservative on the local scene who led an anti-retention campaign against three of the state's supreme court justices in 2010, announced last month that he was spearheading an effort to make sure David Wiggins doesn't succeed at the polls this November.

Did Hubris Kill Texas's Photo ID Law?

(AP Photo/Pat Sullivan)

In a unanimous decision on Thursday, a panel of three federal judges knocked down the Texas voter-ID law, which would have required voters to show a form of government-issued photo identification. The state will undoubtedly appeal the decision, but the news is yet another blow to the law, which the Justice Department already determined would disproportionately affect nonwhite voters. The Department of Justice estimated that between 600,000 and 800,000 registered voters would be affected. Those with Hispanic surnames were far more likely than whites to not have the requisite identification.

Foreclosure Free-For-All

The CFPB is getting resistance from its allies on proposed mortgage policies. 

(AP Photo/David J. Phillip, File)

It's almost four years since the economy cratered, yet 11 million homes—accounting for 23 percent of all outstanding mortgages— remain underwater. The Obama administration's efforts to shore up the housing market by offering incentives for refinancing, rather than the government directly purchasing loans, has been an utter failure; countless homeowners have been left desperately negotiating with their lenders to modify the terms of their loan and more often than not, being tossed onto the street by mortgage servicers.

Ann Romney's Fail

(AP Photo/Jae C. Hong)

Early in their careers, almost all journalists hear the same piece of advice: Show, don’t tell. Give an anecdote, provide some detail, offer something that demonstrates the point you’re trying to make.

It would have been good advice for Ann Romney.

Seriously, There's Good News For Ohio Voters

(AP Photo/ Dayton Daily News, Bill Reinke)

For voting rights activists, the news coming out of Ohio hasn't been promising—the secretary of state has limited early voting hours and a state law stopped all voting the three days before Election Day. Both decisions have a disproportionate impact on poor and nonwhite voters, who vote in particularly heavy numbers during the early period.

But Monday brought some good news for vote defenders in the Buckeye State. In 2008, around 14,000 voters had their ballots thrown out because they cast provisional ballots in the wrong precinct. Often, it was a poll worker who had made the error, but it was the voter who was punished. But thanks to an injunction granted by a U.S. district judge Monday, that measure will not be in effect in the 2012 elections.

Voter-ID Fight Gets Down to the Wire in Wisconsin

(Flickr/Bethany Weeks)

We may be months away from Election Day, but in states fighting legal battles over newly minted voter-ID laws, time is short. These laws, which require residents to show government-issued identification to vote, have been shown to disenfranchise poor and minority voters in the first place. But as I've written before, the timeframe for implementing them poses another major problem; just look at Pennsylvania, where volunteers and activists are rushing to inform residents about a voter-ID law passed in March. The fact is, comprehensive voter-education efforts can hardly be conducted in two months. It is this basic issue—whether there is enough time to properly implement voter-ID laws before November 6—that has kept voter-ID from going into effect in many states. 

What Is Marriage For?

Is marriage, at its heart, an institution that confines heterosexual sex and ensures that every child is born firmly tied to its biological parents, legally, economically, emotionally, and socially? Or is it an ever-changing institution, constantly battled over, whose rules change dramatically over the centuries? Do same-sex couples belong in the Western vision, because of the revolution in marriage law and philosophy over the past 150 years? Or would adding same-sex couples violate its core purpose? What is the purpose of sex?  What's the purpose of civil marriage, as opposed to religious marriage?

Fighting Hate with ... Violence?

Yesterday, a gunman entered the Washington, D.C. offices of the Family Research Council, a religious group that advocates far-right positions on social issues, and shot a security guard in the arm. Floyd Lee Corkins II, the shooter, reportedly yelled that it wasn't personal; it was about FRC’s policies. (You can see the shooter in this local news report.) The security guard is now in the hospital, in stable condition—thank God—and the FBI has Corkins.

Voting Rights Lose in Pennsylvania

(AP Photo/Marc Levy)

Let's imagine a world in which Pennsylvania's voter-ID law did not disenfranchise hundreds of thousands of voters. The law, which requires voters show government-issued identification in order to vote, has created significant burdens for voters without IDs, a population disproportionately made up of poor people and minorities. In our imaginary world, the state would do a stellar job of educating voters, reaching out to African Americans—who disproportionately lack state IDs—and Spanish-language media. They would send postcards as early as possible to tell every voter in the state about the change. A "card of last resort" would be available to any voter who could not easily access the required documents for a standard ID, which include a birth certificate and a Social Security card.

Too Long, Didn't Read My Rights

A new website helps consumers understand legal agreements

(Flickr/farouq_taj)

I'm not a huge fan of the internet acronym tl;dr. For those who are unaware, it stands for "too long; didn't read." As someone who writes long features for a magazine, I like to think readers will read a longer piece of writing if it is properly engaging. However, there is one form of writing that certainly doesn't meet that standard: terms-of-service agreements.  Sure, you'll likely page through the agreements for longer, seemingly weightier agreements like mortgages and credit cards. But what about the daily legal pacts you sign as a matter of course? Want to buy something from the iTunes store?  You'll have to wade through over 15,000 words of legalese. Even then, should you want to download an app for your iPhone, you'll need to consent to yet another agreement.

How to Get Out the Vote in a Voter ID World

(AP Photo/The Kansas City Star, Mike Ransdell)

Voter ID laws create an unnecessary barrier to voting that disproportionately affects poor and nonwhite voters. If you’re going to have them, you should at least tell people that they're going into effect. But given the impetus of these laws—to disenfranchise Democratic-leaning voters—it's no surprise that few of the states that have passed them have made any effort to educate voters.

Red, White and Untrue: Romney's Big Lie about Military Voting

A soldier fills out an absentee ballot in Qatar.(Flickr/expertinfantry)

If Ferris Bueller taught us anything, it was this: If you're going to lie or mislead, do it in a big, over-the-top kind of way. At least it'll be memorable.

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