Last month, the New York Civil Liberties Union released some extremely disturbing data about "stop and frisk" searches in New York City. Since 1968, the Supreme Court has held that warrantless patdown searches by police require only "reasonable suspicion" rather than the "probable cause" required to obtain a search warrant under the Fourth Amendment. This watered-down standard has always been subject to abuse, and there can be little doubt that this has been the case in New York.
Of all the things we talk about during a presidential campaign, the Supreme Court probably has the lowest discussion-to-importance ratio. Appointing justices to the Court is one of the most consequential privileges of the presidency, one that has become more important in the last couple of decades since the Court has become more politicized. But there isn't a great deal to say about it during the campaign, beyond, "If we lose the election, we'll lose the Court." The candidates aren't going to say much of anything about whom they'd appoint other than a bunch of disingenuous bromides ("I'll appoint justices who will interpret the law, not make law!"), and we don't actually know who's going to retire in the next few years, so in the campaign context there isn't much to be said .
But if there's anything that ought to make you afraid of a Mitt Romney presidency, it's this.
You all have got to be tired by now of me celebrating good news for LGBT rights, bouncing around in my Tigger-y fashion, showing yet another way that we're winning. But I can't help it. As we've discussed, I grew up in the Pleistocene era, when you still had to look over your shoulder leaving a gay bar. Now I'm married to another woman, at least in the eyes of Massachusetts. It's crazy to live through so much social change in just a few decades. (A friend of mine says: "E.J., you sound like one of those older black folks who talk about how miraculous it is to no longer live under Jim Crow." Well, it's true! Being me is no longer a felony!)
In 1906, journalist David Graham Phillips scored a best-seller with his book The Treason of the Senate. “The Senate is the eager, resourceful, indefatigable agent of interests as hostile to the American people as any invading army could be,” Phillips wrote.
There’s a good case that the “millionaire’s club” of 1906 was Audie Murphy compared to today’s Senate.
If Barack Obama turns out to be a one-term president, historians may mark the summer of 2011 as the moment his failure became inevitable. At that point, the new right-wing Republican House majority declared the national debt hostage and demanded Obama’s surrender to them on all points of domestic policy. When the debt-ceiling statute required authorization of a new federal borrowing limit, they refused to vote on the measure without massive cuts in federal spending and no increase in federal revenue. The crisis was averted by the appointment of an idiotic congressional “supercommittee” that was supposed to identify future cuts, matched with a set of “automatic” cuts that were to take effect if the “supercommittee” failed to come up with a compromise aimed at reducing federal debt.
One of the most striking examples of the progress made by supporters of gay and lesbian rights can be seen with respect to the odious Defense of Marriage Act. The bill, which denied federal marriage benefits to same-sex couples and allowed states not to recognize same-sex marriages valid in other states, had been signed by the second-most recent Democratic president after passing both the House and Senate by veto-proof margins. A little more than a decade later, President Obama—even before his recent announcement declaring support for marriage equality—had refused to defend the constitutionality of DOMA in court.
Oh, gosh, it's so confusing. I'm married when I visit my stepson's school. I'm not married when I file federal taxes. I'm married when I fill out forms at the doctor's office. I'm not married when I'm visiting my brother in Texas. Or am I?
On January 18, the Internet went on strike. Tens of thousands of Web sites—including Google, Wikipedia, and Wordpress—went offline or blacked out their interfaces to protest the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA). Many feared the breadth of the proposed anti-piracy laws—which could force entire domains to shut down because of the actions of a small number of users—would be used to censor online content and chill innovation. Protestors sent millions of e-mails and placed calls. Organizers of the strike estimate that nearly one billion people were exposed to their message. PIPA and SOPA were tabled. It was, by all measures, an overwhelming success.
One afternoon in March 1982, an undergraduate student at the University of Texas named Gregory Watson was poking through the stacks of the Austin Central Library, researching a term paper he was going to write on the Equal Rights Amendment. He happened upon a book published by the Government Printing Office that included a copy of the Constitution, as well as several amendments that had been passed by Congress but not yet ratified by the requisite three-fourths of the states.
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?
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.
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.
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.