Law

Ruth Bader Ginsburg, Retirement, and the Value of Term Limits

AP Images/J. Scott Applewhite
T here is a debate among liberal intellectuals about whether it's appropriate to urge Ruth Bader Ginsburg to step down with the Democrats still in control of the Senate and White House. It's a discussion that brings up a lot of fascinating questions of public obligation and the respect due to individuals. But the key takeaway should be this: The decision about whether to retire should be taken out of the hands of individual justices. The argument for Ginsburg stepping down now, made most recentl y by the eminent legal scholar and dean of the law school at the University of California-Irvine, Erwin Chemerinsky, is straightforward and compelling on its own terms. If Ginsburg remains on the Court and leaves the Court with a Republican occupying the White House, the most likely result would be Antonin Scalia or John Roberts being the median vote on the Supreme Court. This would be a disaster for the country and, more to the point, for the values that Justice Ginsburg has spent her life...

The Strange Bedfellows of the Anti-Contraception Alliance

AP Images/Patrick Semansky
AP Images/Patrick Semansky O n March 25, lawyers representing the owners of a large purveyor of craft supplies and a much smaller cabinetry business will appear before the Supreme Court in what has become the cornerstone case for opponents of the Affordable Care Act’s “contraception mandate.” Under the mandate, all employers—with the exception of religious organizations like churches—must include free birth control under their insurance plans. Catholic schools, hospitals, and social service agencies immediately raised a ruckus. Dozens of Catholic nonprofits filed lawsuits against the government, arguing that because their tradition forbids them from using birth control, paying for it—even indirectly through insurance—would violate their religious liberty. The cases that will appear before the highest court deal with a different question: whether the owners of corporations can claim religious liberty exemptions. But there’s a stranger and less remarked-upon twist. The owners of both...

The Disgraceful Rejection of Debo Adegbile

AP Images/J. Scott Applewhite
Debo Adegbile, President Obama's nominee to head the Civil Rights Division of the Department of Justice, was rejected by the Senate earlier this week. This is a dismaying vote, a combination of Republicans increasingly hostile to civil rights and a small but crucial number of Democratic senators too timorous to stand up to Republican smear campaigns. The primary ostensible basis for the rejection of the eminently qualified Adegbile was his small role in the legal defense of Mumia Abu-Jamal. Abu-Jamal was convicted for the 1981 murder of a Philadelphia police officer, and as Michael McGough says it's fair to say that Abu-Jamal has been "the beneficiary of uncritical adulation and a form of 'radical chic'" from some activists and celebrities both home and abroad. Certainly, Abu-Jamal is not my idea of a hero, but this is all irrelevant to Adegbile. He wasn't spending his time leading "Free Mumia" rallies or defending the murder of police officers. He simply part of the team at the NAACP...

The Last Rural Abortion Clinics in Texas Just Shut Down

AP Images/Pat Sullivan
S ince November, the last abortion clinics in East Texas and the Rio Grande Valley, some of the poorest and most remote parts of the state, have been hanging on by their fingernails. The two clinics, both outposts of a network of abortion providers called Whole Woman’s Health, stayed open with slimmed-down staffs while their owner, Amy Hagstrom Miller, struggled to comply with the first chunk of HB2—the voluminous anti-choice law passed by the Texas legislature last summer—which requires abortion doctors to obtain admitting privileges at a local hospital. Today, after weeks of failed negotiations with nearby hospitals, Hagstrom Miller announced that both clinics are closing their doors. The clinics in Beaumont, about an hour east of Houston, and McAllen, just north of the Mexico border in the Rio Grande Valley, were the last rural abortion providers left in Texas. Between July, when HB2 passed, and November, when the admitting privileges requirement went into effect, nearly half of...

No Exit: The Digital Edition

AP Images/Weng Lei
AP Images/Weng Lei P rivacy advocates say we should care about privacy because its erosion threatens liberty. "A human being who lives in a world in which he thinks he is always being watched is a human being who makes choices not as a free individual but as someone who is trying to conform to what is expected and demanded of them," Glenn Greenwald said in an interview. His statement echoes staunch privacy defenders of yore, like Justice Louis Brandeis, who described privacy as “the most comprehensive of rights and the right most valued by civilized men.” The public outrage that followed revelations about mass surveillance of citizens by the National Security Agency suggests many Americans agree. But appealing only to the ethical justifications for privacy won’t be enough to spur the rescue of this right. For one, it’s not clear how the visceral want for privacy translates into actual rules and policies in the digital age, especially when surrendering personal data just seems like its...

Hey Bert, Is This Thing Loaded?

Click inside for more charts!
Since the Newtown shootings, liberal commentators have been paying greater attention to all kinds of firearm-related issues, including accidental shootings. Josh Marshall in particular often tweets the accidental shooting of the day—" Georgia Man Accidentally Shot Cousin to Death When Gun Fell From Lap " was today's, following on " Ohio Boy Fatally Shoots Brother With Handgun He Thought Was a BB Gun ." Which got me wondering, how many of these incidents are there? What interests me for the moment aren't homicides, but accidental shootings. How do they compare to other causes of accidental death and injury? We all know that vivid individual cases, no matter how vivid, don't necessarily give an accurate impression what's happening overall. So let's delve into the statistics, shall we? The first thing to understand is that accidental shootings make up a relatively small proportion of all the different ways Americans find to stumble, metaphorically speaking (though sometimes not) to their...

The Citizens United of the Culture Wars

Flickr/Mark FIscher
Flickr/Mark FIscher E ven a broken clock is right twice a day. Heeding calls from gay-rights supporters, business groups, and Republicans like John McCain and former presidential candidate Mitt Romney, on Wednesday Arizona governor Jan Brewer vetoed a "religious liberty" bill that would have allowed for-profit businesses to refuse service to gays and lesbians so long as they were motivated by "sincerely held religious belief.” A nearly identical law failed to advance in Kansas last week. Now, in light of the blowback, anti-gay discrimination bills in conservative legislatures—including Mississippi, Georgia, and Oklahoma— have stalled , and even lawmakers who voted for such measures are stepping back their support. The failure of these anti-gay discrimination bills amounts to a stern rebuke to the religious right, which sees defeat on the horizon in the gay-marriage fight. Just in the past two months, judges have overturned bans on same-sex marriage in Oklahoma, Virginia, Texas, and...

Who Cares About Clarence Thomas's Silence?

AP Images/Michael Dwyer
8 years ago this month, the Supreme Court heard oral arguments in a case called Holmes v. South Carolina . Justice Clarence Thomas began to question one of the litigators—"Counsel, before you change subjects..."—and pursued his line of inquiry with a lengthy follow-up. This otherwise ordinary event is now famous, because it represents the last time Justice Thomas has asked a question at oral argument. To many liberals already disinclined to take a charitable view towards a reactionary jurist, this is a major dereliction of duty at best. The latest to make this argument is Jeffrey Toobin, the invaluable legal analyst at the New Yorker . Thomas's behavior, claims Toobin, "has gone from curious to bizarre to downright embarrassing," and "[b]y refusing to acknowledge the advocates or his fellow-Justices, Thomas treats them all with disrespect." Toobin's argument is more narrowly focused and plausible than many similar critique's of Thomas's ongoing silence. But I remain unconvinced that...

Daily Meme: El Chapo and Our War on Drugs

Splashed all over this weekend's news was the capture of Joaquín Guzmán Loera aka, El Chapo , the Mexican drug kingpin ranked #67 on Forbes' s "Powerful People" list who got his billions from the being the man in at the head of the Sinaloa Cartel, responsible for an estimated 25 percent of the illegal drugs that make their way across the U.S.-Mexico border. The capture was surprisingly undramatic—he was found in bed—especially for a man who created a network of tunnels connecting six safe houses (one which emptied into a bathroom of his ex-wife's house ... cheeky of him). Now is as good a time as any to review the facts of the U.S. War on Drugs. Spoiler alert: It ain't pretty, and the capture of one guy probably won't change much about the current state of affairs. Last February, The Chicago Crime Commission named El Chapo Public Enemy No. 1 (a title once held by the irrepressible Al Capone). "While Chicago is 1,500 miles from Mexico, the Sinaloa drug cartel is so deeply embedded in...

The Fatal Flaw in the Right's Latest Case Against Marriage Equality

Parents at a gay pride parade imparting dangerous values to their children. (Flickr/Caitlin Childs)
A trial starts tomorrow in federal court about whether Michigan's ban on same-sex marriage is constitutional, and as the New York Times explained over the weekend, it will offer an interesting test of the best research conservatives could come up with to support their contention that gay parents are bad for children. When we take a close look at what they'll put on the stand, it shows something that I think applies to a lot of areas of the conservative movement these days: when they try to play seriously on the field of ideas, what they come up with is, frankly, pathetic. After years of watching researchers fail to find any ill effects of children being brought up by gay people, conservatives felt like they had to do something, and here's what they did: In meetings hosted by the Heritage Foundation in Washington in late 2010, opponents of same-sex marriage discussed the urgent need to generate new studies on family structures and children, according to recent pretrial depositions of...

Roberts Was Wrong on Voter Rights

AP Images/Rex Features
Writing about the Supreme Court's outrageous decision to gut the Voting Rights Act in Shelby County v. Holder at Talking Points Memo , Amel Amhed of University of Massachusetts Amherst writes that "the court’s decision was correct about one thing: Section 4 — and frankly, Section 5 as well — was obsolete, and it had been rendered inadequate by changing facts on the ground." To be clear, Amhed's intention in making the claim that "Roberts was right" is not that Congress shouldn't protect voting rights—indeed, she advocates going further than the 1965 Act, and I agree with many of her proposals. The problem is that under Shelby County it's not clear what Congress can do to protect voting rights, and liberals shouldn't let the Roberts Court off the hook. And while like most pieces of legislation, the Voting Rights Act of 1965 was "obsolete," saying so plays into the hands of conservatives who would prefer that Congress do nothing to protect voting rights. I've outlined the problems with...

Platinum-Level Citizenship

AP Images/Robert F. Bukaty
A sk a conservative Christian about the President of the United States, and you're likely to hear that Barack Obama has been waging a "war on religion" since pretty much the moment he took office in 2009. As laughable as the assertion may be, there's little doubt that many have come to believe it, spurred on of course by opportunistic politicians and right-wing talk show hosts whose stock in trade is the creation of fear and resentment. In response, those conservative Christians have mounted a little war of their own, fought in the courts and state legislatures. The enemies include not just the Obama administration but gay people, women who want control of their own bodies, and an evolving modern morality that has left them behind. In the process, they have made a rather spectacular claim, though not explicitly. What they seek is nothing short of a different definition of American citizenship granted only to highly religious people, and highly religious Christians in particular. They...

Arkansas's Medicaid Folly

AP Images/Brian Chilson
On Tuesday, the Arkansas state legislature failed to renew a bill authorizing its expanded-Medicaid plan, an innovative approach to Obamacare that allowed the state to use federal funds to purchase private insurance for the state's low-income residents. Arkansas's unique plan was a compromise between the state's Democratic governor, Mike Beebe, and the Republican-led legislature, and made the state one of the few ultra-conservative ones to bother expanding Medicaid. In the 25 states that didn't expand, many of the poor are still doing without insurance, because the federal subsidies weren't designed to kick in until people made above a certain threshold. If Arkansas doesn't renew its Medicaid program, more than 87,000 people who've gotten insurance this year will suddenly lose it again. Opponents are complaining that the plan is expensive. To begin with, the entire cost is paid for by the federal government until 2016, and after that the state will never chip in more than 10 percent...

It's Not Illiberal To Defend Fundamental Rights

AP Images/Idaho Statesman/Joe Jaszewski
"In addition to whatever else the prosecution can prove," a judge told a defense lawyer on an early episode of Law & Order , "your client is guilty of bad timing." The same is true of The Week 's Damon Linker, who wrote two posts urging liberals to temper their pursuit of justice for gays and lesbians in order to to respect the religious freedom of opponents of equal rights. Unfortunately for Linker, this was the same month the Kansas state House of Representatives passed abominable legislation that would have allowed not only private employers but state employees to discriminate against gays and lesbians. It demonstrated exactly where this kind of logic can lead. I will assume that Linker, like even a number of Republicans in the Kansas Senate, would not advocate going as far as the Kansas House did. But given the extent to which support for discriminating against gays and lesbians is being advanced under the banner of "religious liberty," it worth noting that Linker's more...

We Have Known Black Boys (But None Have Been Bullet-Proof)

After today's verdict in Jordan Davis's murder trial, a writer reacts in verse.

Jordan Davis (1995-2012)
*/ AP Photo/The Florida Times-Union, Bob Mack A makeshift memorial to Jordan Davis, who was shot to death after an argument over loud music. I have known black boys, known them in airless classrooms where the scent of their too-strong cologne worked overtime masking the cling of their sweat to skin and hormones. And I have known their scratching, grabbing, tugging at the belt loops of too-big pants, have involuntarily memorized the plaids and imprints on their boxers. I have known boys like underripe fruit, a pit of eventual sweetness at the core of them, encased in a bitter pulp, toughening from too little tending or underexposure to light. I have watched them become principles in death when they were not finished learning what it would mean to be principled in life. I have known them nursing dreams with slimming odds of realization, heard them reasoning with the wardens behind their private walls, scraping at the doors some white man’s stubborn shoulder intended to force closed...

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