Law

Honor Lincoln and MLK by Getting Yourself an AR-15

This is what Martin Luther King's dream was really about, right? (Flickr/Mitch Barrie)
Let's say you're a local Republican party organization in a Democratic state, and you want to think creatively about how to get media attention. You could put up a "Kiss a Capitalist" booth at the county fair, or hire a local graffiti artist to spray-paint portraits of Ronald Reagan on the homes of poor people in order to inspire them to take a firm hold of those bootstraps and pull. Or, in honor of Abraham Lincoln and Martin Luther King, two liberals who got assassinated with guns, you could raffle off an AR-15 . That's what the Multnomah county GOP is doing, and you have to give them credit: people are noticing! Here's part of their press release: Multnomah County Republicans recognize the incredible time of year we are in. In successive months to start the year, we celebrate the legacy of two great Republicans who demonstrated leadership and courage that all of us still lean on today: Martin Luther King, Jr. and Abraham Lincoln. In celebrating these two men, and the denial of the...

Rebuffing the Zones?

AP Images/Steven Senne O utside Planned Parenthood’s clinic in downtown Boston, a painted yellow line swoops across the sidewalk and into the well-trafficked street, marking a 35-foot half-circle around the entrance. Most days, anti-abortion demonstrators gather on the edge of the line, holding signs and rosaries, and clutching bundles of pamphlets. As women approach the half-circle, the demonstrators spring into action. The goal is getting the women to pause and talk to them before they cross into the “buffer zone” on the other side of the line, which Massachusetts law declares a protest-free space. The Supreme Court will hear oral arguments about the constitutionality of these buffer zones tomorrow, in McCullen v. Coakley . The arguments won’t tackle the polemical question of whether abortion should be available; instead, the justices will be asked to consider whether the buffer zones violate anti-abortion demonstrators’ First Amendment rights. The petitioners are a small group of...

New York’s Pot Legalization Is Still Kinda Square

J ust days after the first state-regulated marijuana shops opened in Colorado—to the delight of everyone who loves a good pot pun in their morning newspaper—reports began to circulate that New York’s Democratic governor, Andrew Cuomo, was poised to bring his state into line with the 20 others that have legalized marijuana for medical use. This week, according to the New York Times , Cuomo will announce an executive action allowing 20 New York hospitals to prescribe marijuana to patients with glaucoma, cancer, and a handful of other chronic diseases, to be determined by the Department of Health. The governor is skirting the state legislature, where four medical marijuana bills, including one that passed the House last spring, perished in the Republican-controlled Senate. The legislative proposals would have allowed patients with a dozen illnesses, including epilepsy, post-traumatic stress, diabetes, and arthritis, to possess two and a half ounces of cannabis, and set up a system for...

David Brooks and the Modern Marijuana Confession

I've long held that much of American politics is a neverending argument between the hippies and the jocks, as Baby Boomer politicians and commentators replay over and over the cultural conflict of their youth. And no issue brings that conflict more clearly to the fore than the question of marijuana legalization. Today, David Brooks wrote a predictably mind-boggling column on the topic, in which he reveals that he smoked pot as a teen but thinks legalization would mean "nurturing a moral ecology in which it is a bit harder to be the sort of person most of us want to be." I'm not going to spend time dealing with Brooks' argument, since plenty of people have done that already (if you want to read one takedown, I'd recommend Philip Bump's ), but there is one aspect of this debate I want to take note of: the change in the nature of marijuana confessions. It isn't just public opinion on marijuana that has evolved. Now, it seems, offering your opinion on legalization requires you to reveal...

No, Obamacare Wasn't a "Republican" Proposal

flickr/Ralf Heß
The filmmaker Michael Moore has, through his fine documentary Sicko and other public arguments, done a great deal to bring attention to the deficiencies of the American health-care system. His New York Times op-ed on the occasion of the first day of the Affordable Care Act's exchanges repeats some of these important points. However, his essay also repeats a pernicious lie: the idea that the Affordable Care Act is essentially a Republican plan based on a Heritage Foundation blueprint. This argument is very wrong. It is both unfair to the ACA and far too fair to American conservatives. Before explaining why a central premise of Moore's argument is wrong, let me emphasize our points of agreement. It is true that the health-care system established by the ACA remains inequitable and extremely inefficient compared to the health-care systems of every other comparable liberal democracy. Moore, unlike some critics of the ACA from the left, is also careful to note that the ACA is a substantial...

Polyamory, the Right to Privacy, and Religious Freedom

Last week, a federal District Court judge in Utah struck down a law used to prosecute members of polyamorous relationships. Predictably, some conservatives immediately brought up the slippery slope to legalized adult incest and legal " teen sex cults ." However, the decision is a very rational and straightforward application of core principles of the right to privacy and religious freedom. It is crucial to understand, first of all, that Judge Clark Waddoups's decision in Brown v. Buhman did not "legalize bigamy." The lawsuit was brought by the reality television star Kody Brown, who lives in a polyamorous relationship with four women but is only legally married to one. Brown did not even contest Utah's limitation of marriage to couples, and Judge Waddoups deferred to a Supreme Court precedent dating back to the 19th century holding that bans on bigamy are constitutional. Rather, the decision concerns an unusual, extraordinarily broad provision of Utah law under which "[a] person is...

Four Takeaways from Yesterday's NSA Ruling

Flickr/passamaquoddy eagle
Flickr/Cliff Y esterday, U.S. District Court Judge Richard J. Leon ruled that the National Security Agency's extensive collection of "metadata"—as revealed by Edward Snowden earlier this year—is likely to have violated the Fourth Amendment. Justice Leon stayed his ruling ordering the government to stop the warrantless surveillance of two plaintiffs pending a trial. Given the inevitable appeal, we're a long way from the end of this NSA program—even if Judge Leon rules again in favor of the plaintiffs. Not every legal challenge to the metadata program was successful. Judge Leon dismissed a challenge based on the theory that the NSA's program exceeded the statutory authority granted by Congress. The court ruled that it lacked the jurisdiction to hear the claim under the Administrative Procedures Act. Judge Leon did, however, find that he had jurisdiction to hear the constitutional claims against the program. "While Congress has great latitude to create statutory schemes like FISA," the...

From Their Cold Dead Hands

Flickr/Jon Payne
This Saturday is the one-year anniversary of the Newtown shooting, and it's remarkable where we've come in that time. In the weeks that followed, everyone said that now we could finally pass some sensible measures to stem the river of blood and death and misery that is the price we pay for America's love of firearms. President Obama proposed some extraordinarily modest measures: enhanced background checks, limits on the kind of large-capacity magazines mass murderers find so useful, perhaps even a new ban on new sales to civilians of certain military-style weapons. Not a single thing that would keep a single law-abiding citizen from owning as many guns as he wants. So here we are, a year later, and what has happened? First of all, at least 30,000 more Americans have had their lives cut short by guns; tens of thousands more were shot but survived. Around 200 children have been shot to death in that time—another 10 Newtowns. There was no federal legislation on guns. It died, because...

The Year in Preview: The First Amendment Takes Center Stage

AP Photo/Pablo Martinez Monsivais
Lots of things happened in 2013. President Obama was sworn in for a second term. We got a new pope and a new royal baby. Two bombs went off at the Boston Marathon and frightened a nation. The Supreme Court stripped power from the Defense of Marriage Act and the Voting Rights Act. But these are all stories we've heard before, and if you haven't, you certainly will in the millions of "Year in Review" pieces set to be posted between now and New Year's. Over the next two weeks, our writers will instead preview the year ahead on their beats, letting you know far in advance what the next big story about the environmental movement—or immigration reform, reproductive rights, you get the picture—will be. You're welcome in advance for not making you read a dozen more retrospectives on Ted Cruz and Twerking and fiscal cliffs and shutdowns and selfies. Today, we cover the upcoming year on the Supreme Court docket. (AP Photo/J. David Ake) 2 014 will be an important year for the First Amendment. In...

Is de Blasio Copping Out Already?

AP Photo/Philip Scott Andrews, File
AP Photo/Seth Wenig I f it’s still rather unclear how Mayor-elect Bill de Blasio intends to govern New York City, his selection of William J. Bratton as police commissioner on Thursday offered precious little in the way of clarifying clues. The former top cop in Boston and Los Angeles, Bratton served as New York Police Department commissioner at the beginning of Rudy Giuliani's administration in the mid 1990s, where his success is credited with popularizing neighborhood-mapping programs like Compstat and the "Broken Windows" theory of crime, which essentially holds that pursuing petty acts of vandalism and maintaining urban environments can prevent more serious crime. What his admirers tend not to mention is that Bratton also ramped up the use of stop and frisk in Los Angeles, and that tactic represents the steepest cost imposed on the poor in the name of Michael Bloomberg's Luxury City—as well as a preferred campaign trail punching bag of de Blasio. But if the Bratton appointment is...

Rewarding Reduced Crime Rates—Not Mass Incarceration

Flickr/wwarby
An increasing number of people, up to and including the Attorney General of the United States, have condemned mass incarceration in the United States. The effects of having 5 percent of the world's population but nearly 25 percent of its prisoners housed within our borders are profound . It needlessly ruins countless lives, costs enormous sums of money that could go to more useful purposes, and disproportionately affects racial minorities. As the opposition to mass incarceration builds, a new report from the Brennan Center of Justice makes a valuable contribution to the question of how imprisonment rates can be reduced. Legislators on the Hill—from both parties—have made some tentative steps towards prison reform. But, it isn't clear how much these steps can help; most imprisonment in the United States happens under states' watch. The reforms suggested by the Brennan Center report—written by Inimai Chettiar, Lauren-Brooke Eisen, Nicole Fortier, and Timothy Ross—are particularly...

Reversing Broward County's School-to-Prison Pipeline

AP Images/Phil Sears
AP Images/Phil Sears W hen, after a nationwide search, he was hired two years ago to serve as superintendent of Florida’s Broward County Public Schools, Robert Runcie began brainstorming ways to close the racial achievement gap. At the time, black students in the sixth-largest district in the country had a graduation rate of only 61 percent compared to 81 percent for white students. To find out why, Runcie, who once headed a management-consulting firm, went to the data. “One of the first things I saw was a huge differential in minority students, black male students in particular, in terms of suspensions and arrests,” he says. Black students made up two-thirds of all suspensions during the 2011-2012 school year despite comprising only 40 percent of the student body. And while there were 15,000 serious incidents like assaults and drug possession reported that year, 85 percent of all 82,000 suspensions were for minor incidents—use of profanity, disruptions of class—and 71 percent of all...

The Affordable Care Act v. Supreme Court, Round 2

AP Photo/Tony Gutierrez
AP Photo/Carolyn Kaster Y esterday, the Supreme Court agreed to hear two cases questioning the Affordable Care Act's contraception mandate: Conestoga Wood Specialties Corp. v. Sebelius and Sebelius v. Hobby Lobby Stores, Inc . These rulings could have potentially major implications for the rights of American women. Let's consider the issues at hand, one at a time: Does the contraceptive mandate violate religious freedom? The key question in both cases is whether the contraceptive mandate violates the Religious Freedom Restoration Act. This legislation requires any policy placing a "substantial burden" on religious Americans prove that said burden serves a compelling government interest. Both Conestoga Wood and Hobby Lobby contend that the Affordable Care Act's demand that they offer contraception coverage to their employees does not pass the Religious Freedom Restoriation Act's test. But, as the Prospect 's Amelia Thomson-DeVeaux asks , is the mandate actually violating the religious...

The Contraception-Mandate Cases Aren’t Really About Contraception

Ap Images/Tony Gutierrez
Earlier today, the Supreme Court announced that it would hear not one, but two challenges to the Obama administration’s contraception mandate; they’ll be heard together in an action-packed hour of oral arguments sometime in the spring. Both cases deal with conservatives’ ever-growing penchant for anthropomorphizing corporations—this time, the justices will decide whether companies can be exempted from the mandate to provide birth control at no cost to employees because of the owners’ religious beliefs. Oddly enough, neither of the business owners involved are Catholic, even though the first objections to the contraception mandate were raised by Catholic leaders, who didn’t want religiously affiliated hospitals and schools to provide birth control, which the Catholic hierarchy considers taboo. One case— Sebelius v. Hobby Lobby Stores , documented extensively for the Prospect by Sarah Posner earlier this summer —deals with an arts-and-crafts chain owned by evangelical Christians. The...

Four Reasons the Nuclear Option Was a Liberal Win

The detonation of the "nuclear option" against the filibuster for executive branch and most judicial-branch appointments was an obvious win for progressives . If, as seems likely, the use of the nuclear option puts the filibuster on the road to complete oblivion, this is an even bigger win for progressives, as the filibuster is a reactionary device both in theory and in practice . And yet, many people on all parts of the ideological spectrum have resisted this conclusion. Here are some of the major arguments being made against the deal from a Democratic perspective—and why they're wrong. 1. Democrats Will Be Sorry, Because This Means Republicans Will Keep Doing What They've Been Doing Since the Reagan Administration As I discussed in my initial reaction to the historic action of Reid and the Democratic caucus, the debate over whether to end most judicial filibusters has involved numerous threats by Republicans to keep appointing the same kinds of judges that conservative presidents...

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