Archive for the 'Congress' Category

The Better Part of Valor: Should Lying About Medals Be A Crime?

Below is my column today in the Washington Post (Sunday) Outlook Section. The column concerns the Alvarez case to be heard on Wednesday before the Supreme Court. I have been a long critic of the Stolen Valor Act — not because I am not highly sympathetic to its purpose but because I am concerned about the means of achieving that purpose. I share the anger over people who falsely claim to be war heroes. However, the government often selects popular causes for expanding its power over speech or conduct of its citizens. The question before the Court is really not about this specific form of lying, but the legal basis for criminalizing lies generally. The Act is different in that it seeks to criminalize lies simply because they are lies as opposed to lies that are used to commit a specific crime like larceny or fraud or perjury. I also spoke to NPR on Talk To The Nation on this subject.
Continue reading ‘The Better Part of Valor: Should Lying About Medals Be A Crime?’

Abuse Of Power: Obama’s Recess Appointments And The Constitution

Below is today’s column, which concerns the subject upon which I will be testifying this morning before the full House Judiciary Committee: recess appointments.

Continue reading ‘Abuse Of Power: Obama’s Recess Appointments And The Constitution’

Turley Testimony on the Constitutionality of Recess Appointments

Below is my testimony this morning before the full House Judiciary Committee on the constitutionality of the recent recess appointments by President Obama. I also wrote a column this morning on that same subject.

Continue reading ‘Turley Testimony on the Constitutionality of Recess Appointments’

Employment Division v. Smith

-Submitted by David Drumm (Nal), Guest Blogger

Since the United States Conference of Catholic Bishops (USCCB) has rejected Obama’s contraception compromise, and since House Speaker John Boehner (R-Ohio) has called the mandate unconstitutional, it’s a good time to look at what the Supreme Court has decided. A critical case is Employment Division v. Smith (1990) in which J. Scalia wrote the opinion for the 6-3 majority. Although there has been a torrent of invective regarding the Smith decision, I find it well-argued and compelling.

Continue reading ‘Employment Division v. Smith

The National Women’s Law Center Takes a Position on Contraceptive Coverage & “Extreme” Legislation

Submitted by Elaine Magliaro, Guest Blogger

It appears that the Conference of Catholic Bishops and the Republicans are not happy with the change that President Obama made to the health care contraceptive coverage requirement for religious employers. The President’s announcement about the change yesterday initially met with a “reserved response” from the bishops who said it was a “first step in the right direction.” Hours later, however, the bishops issued a statement “blasting the plan.” Along with others, the bishops are calling for Congressional legislation that would reverse the contraceptive policy.

In a blog post earlier today, Judy Waxman, who is Vice President for Health and Reproductive Right at the National Women’s Law Center, expressed her concern about some of the proposed legislation. Waxman wrote that “opponents of birth control in Congress are still focused on taking away access to contraception introducing extreme legislation that threatens health across the board. The pieces of legislation range from allowing any employer, regardless of whether it is a religious entity, to deny coverage of contraception to giving employers the right to refuse coverage of any health care service they find religiously or morally objectionable.”

Igor Volsky of ThinkProgress echoed Waxman’s concern. He reported that Senator Roy Blunt, a Missouri Republican, is expected to introduce an amendment next week “that would permit any employer or insurance plan to exclude any health service, no matter how essential, from coverage if they morally object to it.

Continue reading ‘The National Women’s Law Center Takes a Position on Contraceptive Coverage & “Extreme” Legislation’

Obama Embraces The “Threat To Our Democracy” and Endorses Use of SuperPac

President Barack Obama has pledged that he would not accept help from “super” political action committees — denouncing them as a “threat to our Democracy.” That pledge, like many of his civil liberties pledges, has now gone into the waste basket. Obama has now called on supporters to load up the Superpac funds — erasing any difference (again) between him and his Republican rivals.

Continue reading ‘Obama Embraces The “Threat To Our Democracy” and Endorses Use of SuperPac’

Something Wikipedia This Way Comes: Gingrich Campaign Accused Of Improper Editing Of Wikipedia Site

Newt Gingrich’s communications director Joe DeSantis is in a controversy with the editors of Wikipedia over dozens of edits he has made or requested of Gingrich’s wikipedia site, including the deletion of references to his three marriages.

Continue reading ‘Something Wikipedia This Way Comes: Gingrich Campaign Accused Of Improper Editing Of Wikipedia Site’

Washington Post: Thirty-Three Members Push Through More Than $300 Million In Earmarks For Projects Near Their Own Properties

The Washington Post has an incredible article today on how thirty-three members of Congress have more than $300 million in earmarks and other spending provisions to dozens of public projects that are next to or within about two miles of the lawmakers’ own property. So much for the pledges from both Republicans and Democrats to clean up government.

Continue reading ‘Washington Post: Thirty-Three Members Push Through More Than $300 Million In Earmarks For Projects Near Their Own Properties’

The Enemy Expatriation Act: Learn How Your Government Could Strip You of Your Citizenship If This Legislation Becomes Law

Submitted by Elaine Magliaro, Guest Blogger

In his Washington Post article titled 10 Reasons The United States Is No Longer The Land Of The Free (January 15, 2012), Jonathan Turley addressed the issue of indefinite detention of American citizens. He wrote:

Under the law signed last month, terrorism suspects are to be held by the military; the president also has the authority to indefinitely detain citizens accused of terrorism. While Sen. Carl Levin insisted the bill followed existing law “whatever the law is,” the Senate specifically rejected an amendment that would exempt citizens and the Administration has opposed efforts to challenge such authority in federal court. The Administration continues to claim the right to strip citizens of legal protections based on its sole discretion.

The next day on this blog, Professor Turley said that he had been heartened by the response to his column. He added, “a few commenters continue to suggest that the National Defense Authorization Act (NDAA) does not allow for the indefinite detention of citizens.”

Even people who believe that NDAA does not allow for the indefinite detention of citizens should be concerned about a proposed amendment to the Immigration and Nationality Act that would give our government “the authority to strip a person of their American citizenship if that person is accused or suspected of supporting ‘hostilities’ against the U.S.  The amendment, known as the Enemy Expatriation Act (EEA), was introduced, in October, by Rep. Charles Dent, R-Pa., and Sens. Joseph Lieberman, I-Conn., and Scott Brown, R-Mass.

Continue reading ‘The Enemy Expatriation Act: Learn How Your Government Could Strip You of Your Citizenship If This Legislation Becomes Law’

A Response To Senator Carl Levin: Part II

After my recent column on “Ten Reasons The U.S. Is No Longer The Land Of The Free,” I ran a response to claims made by Senator Carl Levin (D., Mich.) who was the main sponsor of the legislation including the indefinite detention provisions. Levin has now run a letter to the editor in response to my column that I believe is highly misleading and leaves readers with a false impression of both the law and my column.

Continue reading ‘A Response To Senator Carl Levin: Part II’

Pelosi: Gingrich Unelectable Because “There Is Something I Know.”

I previously criticized Minority Leader Nancy Pelosi for suggesting that she has dirt on Newt Gingrich but would disclose it later. She has returned to that ignoble theme in an interview with CNN, saying that Gingrich will not be elected because “There is something I know.” I have been a vocal critic of Gingrich on this blog, but once again I view this low-grade form of politicking to be grossly unfair to Gingrich and a further degrading of our political system. If you want to attack Gingrich, then do it. Do not constantly suggest that you have severed heads in a duffel bag or some other evidence against the man.

Continue reading ‘Pelosi: Gingrich Unelectable Because “There Is Something I Know.”’

SITES UNITE TO STOP SOPA

Sites like Wikipedia, Google, YouTube, and Reddit have gone black this morning in protest of The Stop Online Piracy Act (SOPA), which threatens Internet independence and free speech as well as a host of other rights. We have long discussed the ever-widening array of criminal and civil penalties pushed through Congress by the powerful radio and television lobby as well as other industry groups. The Obama Administration has been particularly willing to carry the water for these groups over objections from public interest groups. SOPA reflects the power of this lobby and its hold over members of Congress and the Obama Administration. While the Obama Administration has now responded to the outcry by insisting that it will tweak the bill, such promises ring hallow given its past efforts to appease this industry and its dishonest statements recently in other areas like the indefinite detention controversy. Notably, the recent admission from the White House that it has some concerns over the bill did not come until the public rallied against the bill — another indication of the control of an industry group in the drafting of legislation. This lobby is not going to go quietly into the night. It is more likely that it will work with the White House and Congress to achieve the same purposes with an incremental series of laws — if it does not simply win outright.

Continue reading ‘SITES UNITE TO STOP SOPA’

Indefinite Detention of Citizens: A Response To Senator Carl Levin

Yesterday, my column “10 Reasons The United States Is No Longer The Land Of The Free” ran in the Sunday Washington Post. I have been heartened by response to the column. However, a few commenters continue to suggest that the National Defense Authorization Act (NDAA) does not allow for the indefinite detention of citizens. This claim is being advanced by Senator Carl Levin (D., Mich.) in emails and fax messages to voters. I wanted to respond to Senator Levin’s points which are detached from language of the law and the clear intent of the majority of Senators. I would also like to address those who have stated that our liberties are not at risk when such powers will not affect most Americans.
Continue reading ‘Indefinite Detention of Citizens: A Response To Senator Carl Levin’

Did Martin Luther King’s ‘Dream’ Come True?

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

On Monday we celebrate the life of the Reverend Martin Luther King and honor him for his work with the Civil Rights movement.  One of his most famous speeches was the 1963 “I Have A Dream” speech that he gave in Washington, D.C. to a crowd of thousands.  In that speech he laid out his vision and hopes for the Civil Rights movement.  I would like to review some of his words and discuss if his dream came true for African-Americans and minorities throughout our country. “I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are created equal.” ‘ Huffington Post Continue reading ‘Did Martin Luther King’s ‘Dream’ Come True?’

10 Reasons The U.S. Is No Longer The Land Of The Free

Below is today’s column in the Sunday Washington Post.  The column addresses how the continued rollbacks on civil liberties in the United States conflicts with the view of the country as the land of the free.  If we are going to adopt Chinese legal principles, we should at least have the integrity to adopt one Chinese proverb: “The beginning of wisdom is to call things by their right names.”  We seem as a country to be in denial as to the implications of these laws and policies.  Whether we are viewed as a free country with authoritarian inclinations or an authoritarian nation with free aspirations (or some other hybrid definition), we are clearly not what we once were.
Continue reading ’10 Reasons The U.S. Is No Longer The Land Of The Free’

America’s Transcendent Issue

Submitted by: Mike Spindell, guest blogger

ImageWhen you contemplate all of the problems that beset us in this election year it is hard not to feel daunted by the task of finding solutions. Many millions of American’s are without jobs, with the prospect of future employment seeming illusory. The top 1% of the American population controls vast amounts of the country’s wealth.  http://www.businessinsider.com/15-charts-about-wealth-and-inequality-in-america-2010-4?op=1  Wages of average Americans have stagnated for the past 40 years to such an extent that our middle class is shrinking rapidly. The housing boom of years past has become a bust of monumental proportions and foreclosures are destroying formerly viable neighborhoods. Our once barely adequate “safety net” has been shredded and there are attempts to destroy both Social Security and Medicare as we know it. Despite a weak attempt at Medical reform millions of Americans find health care unaffordable, with many dying and others forced into bankruptcy to stay alive. Due to lack of money America’s once magnificent infrastructure is rotting and solutions are not on the horizon.

The collapse and bailout of our banking industry has cost us trillions and appears to have been brought about by fraudulent practices on the part of the industry, yet no one has been indicted. In fact the remuneration of top executives in this duplicitous industry has actually increased. Efforts to impose stiff controls ensuring that these artificial crises don’t happen again and that these huge financial entities do business ethically, have failed to pass the Congress. We see that the fallout from the American banking crisis has undercut the world’s economy and that economic crises in other industrialized nations appear regularly. Please notice I’m only referring to the economic problems we face and only producing a partial list of those economic problems.

We have seemingly come to the conclusion of an unnecessary war in Iraq, where trillions were spent and perhaps a million were killed, yet the withdrawal of troops is to bases that surround Iraq. We are leaving about 40,000 Americans in country, many as mercenaries (contractors is a euphemism) as we support the largest diplomatic infrastructure in any foreign nation. The war in Afghanistan still rages in a land that has never been significantly shaped by any outside empire, this despite the killing of Osama Bin Laden and the virtual destruction of Al Qaeda.  Hundreds of billions are being spent and the lives of our troops are put in danger, in an exercise with little hope of success. Billions are going towards building Afghanistan’s infrastructure as ours is falling apart. Yet these instances fail to raise the broad spectrum of the military/foreign policy problems continuing to plague us. These issues include a military budget that far greater than that of all other nations. http://en.wikipedia.org/wiki/List_of_countries_by_military_expenditures 

However, these three paragraphs still do not encompass the broad range of problems we Americans face. There is more to be touched on before we come to the conclusion that I’ve reached, that there is one problem that not only transcends all of these, but its need for immediate solution supersedes any of the others in importance. Continue reading ‘America’s Transcendent Issue’

Is the Cordray Recess Appointment Constitutional?

The recess appointment of Richard Cordray has produced what appears to be the intended political response. The White House wanted to highlight the GOP blocking not just the head of the Consumer Financial Protection Bureau and three members of the National Labor Relations Board. Over the last few days I have been called by various media outfits for a supporting view of the recess appointment of Cordray. However, I do not support the appointments and believe they raise serious constitutional problems.
Continue reading ‘Is the Cordray Recess Appointment Constitutional?’

Turley Blog Hits 10 Million Viewers

Last night, we received word of two considerable accomplishments. First, we won the ABA Journal’s selection as the top opinion blog. Second, we hit our 10 millionth viewer on the blog. We are routinely ranked as one of the most visited legal blogs by AVVO. As our viewership has grown in only a few short years, we have reached a wider and wider international audience.
Continue reading ‘Turley Blog Hits 10 Million Viewers’

TURLEY BLOG PICKED AS TOP OPINION LEGAL BLOG IN 2011

Last night the editors of the ABA Journal informed us that we have voted the top opinion blog of 2011 in the ABA Journal competition. It is our second such top award in the annual competition and it is an honor shared equally by all of our contributors and readers.
Continue reading ‘TURLEY BLOG PICKED AS TOP OPINION LEGAL BLOG IN 2011′

Former and Current Members of Congress Contradict Gingrich Claims That He Did Not Lobby Congress After Leaving As Speaker

On the heels of the release of papers that contradict him on his claims regarding his first divorce, Newt Gingrich is now being challenged by a former and a current member of Congress who say that it is not true, as Gingrich has claimed, that he did not lobby Congress after leaving as Speaker of the House of Representatives in 1998.
Continue reading ‘Former and Current Members of Congress Contradict Gingrich Claims That He Did Not Lobby Congress After Leaving As Speaker’

Men Who Pray At Goats? Government Spends $1.4 Billion On Such Questions As Whether Remote Prayer Can Heal AIDS

The Chicago Tribune is reporting that the federal government has spent almost a billion and a half dollars to explore politically popular but scientifically dubious claims such as $666,000 to determine if distant prayer could heal AIDS. It didn’t. I would be interested in how this was tested. I cannot get the image of Lyn Cassady praying at a goat in a secret military lab.

Continue reading ‘Men Who Pray At Goats? Government Spends $1.4 Billion On Such Questions As Whether Remote Prayer Can Heal AIDS’

Just Two Days Left In The ABA Competition: We Need Your Vote!

Just as Henry V rallied the thin, tired troops on the eve of the Battle of Agincourt, it is time to make that final call for votes in this year’s competition for the top opinion blog by the American Bar Association. There are now just two days left and, while we have pulled ahead in the last week, the contest remains very close with one of the top five largest legal blogs. If you like our blog, it is time to pony up and vote.

Continue reading ‘Just Two Days Left In The ABA Competition: We Need Your Vote!’

U.S. Loses Fight To Block Pollution Tax of Airlines in Europe — Promises An “Appropriate Action” In Response

We previously discussed the ignoble effort of the Obama Administration and U.S. airlines to claim an exemption to the European pollution taxes that applies to all other airlines. They have now lost their case before the European Court of Justice — and the Obama Administration is promising to retaliate.

Continue reading ‘U.S. Loses Fight To Block Pollution Tax of Airlines in Europe — Promises An “Appropriate Action” In Response’

Merry Christmas To All

Best wishes to everyone celebrating Christmas and Hanukkah. Continue reading ‘Merry Christmas To All’

The Real Insurance Frauds

Submitted by: Mike Spindell, guest blogger

It’s Christmastime again and since my childhood, long ago, the Frank Capra film “It’s A Wonderful Life” has been shown time and again in this season, providing a message of redemption, hope and joy that we associate with this time of year. You all know the plot about selfless George Bailey (James Stewart) a man who has sacrificed his dreams for others and because of his selflessness winds up running the Bailey Building and Loan Association, of Bedford Falls, NY. Because of George this institution has provided home loans for the poor of this rural community and serves as its bank. With the Company on the verge of bankruptcy, through duplicity, George is on the verge of suicide distraught over the losses to those he loves and worried by needs of the average people of his town. You all know this plot and if you don’t its summary is here. http://en.wikipedia.org/wiki/It%27s_a_Wonderful_Life#Plot . I must warn you, perhaps it’s the time of year but I choked up reading the plot, yet again, as I do every time I see this beloved movie.

This introduction has not been made because I’m about to write about banks, or the depredations of the banking industry. Others here and our host have already written extensively on the predatory nature of the banking industry and the harm it has caused to our country. My point of this opening is that we have all grown up with certain mythologies about businesses that provide financial services to the public. This film has had a place in defining that American mythology, in this instance about a bank of sorts, whose leader believes in aiding the community first and profits second. Myths shape our thinking and from my youth I still remember the ad slogan “You have a friend at Chase Manhattan”.

We’ve discovered that banks are anything but our friends. Their bottom line has surpassed service to the point that each customer is looked at as a “cash cow”, to be plundered incessantly with usurious interest and fees for what should be free services. But what about “You’re in Good Hands with Allstate”, “Nationwide Is On Your Side”, or “Like A Good Neighbor State Farm is There”?  Surely the Insurance industry supplies the safety net we want for our homes and cars. Do they? Last week I was sent an article by the Independent Claims Adjuster handling my interminable case for mold damage to my home. He’s helping greatly so this isn’t about me, but the article he sent certainly puts into context all the delays in the process and how property insurance companies are maximizing their profits at the expense of their customers. Continue reading ‘The Real Insurance Frauds’

Gingrich: I Will Arrest Federal Judges

Former House speaker Newt Gingrich appears to be running against the Constitution as much as against President Obama these days. Gingrich has been promising to round up judges who do not agree with him — statements that have even conservative figures like Michael Mukasey, former attorney general during the George W. Bush administration, denouncing him. Mukasey was the attorney general who blocked prosecutions into torture, but finds Gingrich truly scary. I am currently scheduled to be on Hardball tonight to discuss this latest attack on the judiciary.
Continue reading ‘Gingrich: I Will Arrest Federal Judges’

Forget Wall Street, Occupy Corporate Boardrooms

Submitted by: Mike Spindell, guest blogger

Sometimes a story comes around that writes itself and merely needs highlighting of certain facts to make its points. This link below will provide concrete data on why this country has become a corrupted corporatist state, along with why the federal budget deficit is so high. Its title is “For Hire: Lobbyists or the 99%? How Corporations Pay More for Lobbyists Than in Taxes”

http://publicampaign.org/sites/default/files/ReportTaxDodgerLobbyingDec6.pdf

What this document clearly shows, with highly readable charts is that 30 of the top US Corporations not only pay more for lobbying than in taxes, but in fact that they receive huge tax credits, although being highly profitable. Over a three year period 2008-2010 these companies had combined profits of $163.691 billion, received tax credits of $10.602 billion and spent $475.67 million on lobbying. Only one of these companies, FedEx, actually paid taxes. They paid $37 million in taxes, on a profit of $4.247 billion and spent $50.81 million for lobbying. As you might guess the most glaring example was General Electric whose profits were $10.460 billion, received tax credits of $4.737 billion and who spent $84.35 million in lobbying.

I could certainly provide you with commentary on this report, but the starkly written manner of the report and the easily read charts do a far better job of explanation, than would my rhetoric. The next time someone comments on the “theft” that is taxes and the need to defend the 1% and their corporations from government intrusion show them this. If they defend the inequity shown here then you will know they are either part of the 1%, brain-washed or brain dead. It isn’t of course that many of us haven’t known the state of things, or these facts, we have discussed them here repeatedly. Nevertheless, each time the message of the destruction of our Constitution, our America and our people in the service of greed and ego is shown to me, my blood boils. Please check out the link and share your thoughts.

Is the American Left Ineffective in Economics?

Submitted by Mike Spindell, guest blogger                                      

“Ian Fletcher is Senior Economist of the Coalition for a Prosperous America, nationwide  grass-roots organization dedicated to fixing America’s trade policies and comprising representatives from business, agriculture, and labor.” http://www.prosperousamerica.org/2011/02/23/ian_fletcher/

Mr. Fletcher wrote an article in HuffPost this week titled Why Is the American Left So Ineffective in Economics?” http://www.huffingtonpost.com/ian-fletcher/why-is-the-american-left-_b_1142615.html?ref=politics&ir=Politics . On my first reading of this article, I sped through it cursorily, with general agreement and approval, book marking the link for further reference. As the day went on the article remained stuck in the back of my mind, for there was something about it that disturbed me, but I couldn’t quite figure out why. I looked up Mr. Fletcher’s credentials and they seemed good and certainly not one of being a Corporatist economist. The Coalition for a Prosperous America appears a worthwhile middle-of-road organization, whose supporters include labor unions, as well as medium and small businesses. They look askance at current US trade policies and that is a view with which I agree. Mr. Fletcher has a book titled: “Free Trade Doesn’t Work” http://www.freetradedoesntwork.com/  which people I respect like Fritz Hollings and Thom Hartmann have praised. In it he discusses how there is a free-trade hegemony of both Democrats and Republicans representing the Washington establishment and marginalizing all the voices who disagree with free trade policies. This hegemony is what I describe as the Feudalist Corporatocracy. This is a man with who I’m in general agreement, why then my discomfort with his thesis in this article?

This article opens up with the following paragraph: “Anyone who’s still in a state of denial about the thesis implied by the title of this article can stop reading right here. I’ll just assume it’s obvious enough that we can take it as a given.” He’s right, the thesis implied in the title is indisputable. The Left has been ineffective in combatting the economic policies started by Ronald Reagan’s election and has been in constant retreat from the onslaught of right-wing economic policies. This has been true to such an extent that Bill Clinton reaffirmed Alan Greenspan as the head of The Federal Reserve and Barack Obama reaffirmed  G.W. Bush’s choice of Ben Bernake. Both of these men are little more than philosophical minions/co-dependents of Wall Street and the Big Banks. Where I take issue with Mr. Fletcher is in why he believes the Left’s economic weakness has come about. To me his view of the origins of this Left Wing retreat is shortsighted and ignores the 800 pound gorilla in the room. If we don’t understand the causes of problems we face, then no matter how prescient the analysis of their nature, we are almost powerless to combat them. Since the article in question is rather brief, I’m going to dispute it point by point.   Continue reading ‘Is the American Left Ineffective in Economics?’

Supreme Court Takes Arizona Immigration Case — Kagan Recuses

The Supreme Court today accepted cert in the challenge to Arizona’s tough anti-immigration law. In a loss to the Administration, Associate Justice Kagan recused herself from the case.

Continue reading ‘Supreme Court Takes Arizona Immigration Case — Kagan Recuses’

Filibusters Gone Wild

Respectfully Submitted by Lawrence Rafferty(rafflaw)-Guest Blogger

Now that I have gotten over the Bears overtime loss to the Bronco’s, it is time for the Night Shift to get to work.  I imagine that most of us remember the so-called “Gang of Fourteen” that came to prominence during the George W. Bush Administration.  This group of Senators actually decided that the Senate should give all Judicial nominees an up or down vote in the full Senate except in some very extreme circumstances. “In 2005, a group of senators known as the “Gang of 14” determined that all judicial nominees should receive an up-or-down vote absent “extraordinary circumstances.”  As Senator Lindsey Graham explained the agreement at the time,’ “ideological attacks are not an ‘extraordinary circumstance.’ To me, it would have to be a character problem, an ethics problem, some allegation about the qualifications of a person, not an ideological bent.” ‘ American Constitution Society  It is a shame that the Gang of Fourteen, or at least the survivors of that group have decided that politics is more important than fairness! Continue reading ‘Filibusters Gone Wild’

The US Chamber of Commerce, the Enemy Within?

Submitted by: Mike Spindell, guest blogger.

During the Cold War a phrase “The Enemy Within” became popular. It was a reference at first to Communist subversion exemplified by Senator Joseph McCarthy’s witch-hunt.  Later it was used with other issues such as in Robert F. Kennedy’s book “The Enemy Within” which dealt with corruption in the Labor Movement, specifically Jimmy Hoffa and his teamsters. Recently, Michael Savage, right wing talk show host, wrote a book using that same title, though in this case referring to liberals and progressives as being seditious. The connotation of this phrase is that the group so labeled represents an internal movement that is so dangerous to the interests of the United States, that it can be seen as subversive.

Some may be shocked then by the title of this post. Almost all of us have grown up thinking of the Chamber of Commerce as a uniquely American Institution. Throughout the US whether in cities or in hamlets, the business community has banded together to promote local commerce and build interrelated networks. When we think of this, we think mainly of local small businesses, which are the backbone of this nation’s economy. To be honest until this week I’ve never give much thought to the Chamber of Commerce until as a MoveOn.com member I received a petition from an affiliated new organization called SumOfUs.

SumOfUs is a brand-new global movement of consumers, investors and workers using our collective economic power for good. Together, we will work to hold the world’s corporations accountable to the public interest and move our global economic system towards social equity, democratic principles, and long-term sustainability.” http://googlequitthechamber.org/about/

The purpose of the petition was to get Google to follow the lead of other large corporations and quit the US Chamber of Commerce. The petition made various claims regarding the US Chamber of Commerce which I’ll deal with in this post.

However, I wouldn’t present this post without doing some research on the “Chamber” and its’ activity to look into the validity of the claims being made by the SumOfUs organization. In doing this research I came to realize that in my opinion the United States Chamber of Commerce is an organization that does not act in the best interests of this country and that one can call it subversive, even though it is not treasonous. These are my reasons for this belief. Continue reading ‘The US Chamber of Commerce, the Enemy Within?’

Did Pelosi Violate House Rules or Commit Defamation In Claiming Dirt On Gingrich?

This week, we witnessed an extraordinary appearance from House Minority Leader Nancy Pelosi who told reporters that she has dirt on Newt Gingrich and would reveal at some later date — suggesting that the embarrassing disclosure would come from her service on an ethics review of Gingrich when he was House Speaker. I have been a long critic of Gingrich for some of his statements and policies, but I find Pelosi’s statements to be reprehensible and unethical. What concerns me, again, is the relative absence of criticism from Democrats who should show more principle in denouncing this type of politics.
Continue reading ‘Did Pelosi Violate House Rules or Commit Defamation In Claiming Dirt On Gingrich?’

Senate Votes Overwhelmingly To Allow Indefinite Detention of Citizens

In one of the greatest attacks on civil liberties in this country’s history, Democratic and Republican Senators voted yesterday to approve a measure as part of the $662 billion defense bill that would allow for the military to hold both citizens and non-citizens indefinitely without trial — even those arrested on U.S. soil. In a welcomed change, President Obama has committed his Administration to fighting the measure as inimical to the rule of law. The measure was pushed by Carl Levin (D – Michigan) and John McCain (R – Arizona). While some members of Congress like Ron Paul (R., Texas) have denounced the bill, the measure passed at the same time that Administration lawyers publicly declared that the military and intelligence agencies alone should decide whether a citizen should be killed without a charge or hearing (including killing citizens on U.S. soil) — a position supported by President Obama who has ordered the killing of U.S. citizens under his claim of inherent authority.

Continue reading ‘Senate Votes Overwhelmingly To Allow Indefinite Detention of Citizens’

The Stimulus is Still Stimulating

Respectfully submitted by Lawrence Rafferty(rafflaw)-Guest Blogger

Now that I have digested some wonderful Thanksgiving food and celebrated my grandson’s first birthday, it is time to get back to work.  In light of the recent calls by Rep. Paul Ryan, Rep. Eric Cantor and former Speaker and current GOP Presidential Candidate Newt Gingrich to terminate the non-partisan Congressional Budge Office (CBO), I couldn’t help but wonder why the Republicans have a problem with the CBO?  The CBO has been critical of both parties legislation in the past when the numbers just didn’t add up.  Could this latest announcement by the CBO that the Obama Stimulus package of 2009 is still stimulating the economy be the last straw for the Republicans in their support of the Congressional Budget Office? Continue reading ‘The Stimulus is Still Stimulating’

The Smell of Corporatist Fear, Smells Just Like . . . a Lobbyist Memo

Submitted by Gene Howington, Guest Blogger

UPDATED: Newton’s Third Law of Motion is commonly expressed by the phrase “for every action, there is an equal and opposite reaction”.  The action in question is the Occupy Wall Street Movement.  The reaction in question is fear.

Huffington Post obtained a copy of a memo being sent by high-powered Washington lobbying firm Clark, Lytle, Geduldig, Cranford to one of its major Wall Street clients over Thanksgiving.  Previously unnamed, it has been revealed that the major Wall Street client in question is the American Bankers Association.   The four page memo was first revealed by MSNBC’s Chris Hayes, host of the show “Up with Chris Hayes“.  The first two paragraphs of the memo are indicative of the mood and probably sets the tone for what many in the lobbying industry are having to admit as an inconvenient truth.   Namely the truth that the OWS Movement is gaining traction for their cause and doing so in such a way that politicians are eventually going to be forced to put on the appearance of action in bringing the criminals on Wall Street to justice if not actually bring them to justice.  The fear on behalf of the lobbyists and their Wall Street clients is palpable.

The first two paragraphs of the Thanksgiving Memo read as follows:

Continue reading ‘The Smell of Corporatist Fear, Smells Just Like . . . a Lobbyist Memo’

Thirteen Percent: Congress Is Now More Unpopular Than A Communist Takeover

Well, Congress still beats out intestinal blockages in popularity. The latest Gallup monthly survey shows that Congress is now only viewed favorable by 13 percent of American. Other polls show it as 9 percent. This makes it less popular (as shown in the chart in the article below) than Hugo Chavez and communism taking over the United States. Hell, even Paris Hilton is more popular than Congress.
Continue reading ‘Thirteen Percent: Congress Is Now More Unpopular Than A Communist Takeover’

How Not To Pass A National Health Care Program: New Poll Shows Almost Half of Americans Want The Repeal of the Health Care Law

One of the most interesting aspects of the litigation over health care has been the Obama Administration’s push for review in the Supreme Court. Rather than slow walking the case, the Administration facilitated a review that will result in a ruling before the election. As on many other decisions by this White House, the political calculation seems counterintuitive. I have said in interviews that I do not know which will be worse politically: for the Administration to lose before the Court or to win. Now a poll suggests it might be the latter. Gallop found this week that 47 percent of Americans want to see the law repealed. Only 43 percent favor the law. Fifty-six percent still prefer the use of private insurance over a federal insurance program. This poll joins the sobering fact that a majority of states are now in court in an unprecedented opposition to the federal law. Regardless of how you feel about health care, this is not how you pass a major new program and is the result of the decision by the White House and Democratic leaders to muscle through this vote on the thinnest of margins.
Continue reading ‘How Not To Pass A National Health Care Program: New Poll Shows Almost Half of Americans Want The Repeal of the Health Care Law’

Cert Granted: Supreme Court Accepts Health Care Challenge

This just on the wire: The Supreme Court has accepted cert in the health care litigation. The resulting decision could have sweeping implication for the future of federalism in this country.
Continue reading ‘Cert Granted: Supreme Court Accepts Health Care Challenge’

Conservative Take on Obamacare

Respectfully submitted by Lawrence Rafferty(rafflaw)-Guest Blogger

Ever since the legal challenges to the Affordable Care Act, or as it is better known, Obamacare began, the pundits have kept a scoreboard on which courts have approved of the individual mandate to buy insurance, and which courts have disapproved of the constitutionality of the mandate.  The latest Appellate Court to come down with its decision was the Court of Appeals for the District of Columbia.  It may not surprise anyone that the court came down in favor of the legislation approving the individual mandate, but it may surprise you just who comprised that appellate panel. Continue reading ‘Conservative Take on Obamacare’

How Much Privacy Do You Expect? The Death of Privacy In America

Below is my column today in The Washington Post. The article explores the famed Katz test and whether, in trying to save privacy in America, the Supreme Court may have laid the seeds for its destruction. The test ties our privacy protections to our privacy expectations. Thus, as our expectations falls, warrantless surveillance rises — causing our expectations again fall and in turn allowing warrantless surveillance to rise further. It becomes a face to the bottom of privacy. The terrible truth is that the death of privacy in America will not be accompanied by thunderous applause, but a collective yawn from an indifferent people. Here is the column.
Continue reading ‘How Much Privacy Do You Expect? The Death of Privacy In America’

Obama Administration Argues For “Orwellian” New Powers To Track U.S. Citizens

As discussed in a prior column, many civil libertarians view President Barack Obama as betraying core civil liberties in expanding on Bush-era surveillance programs, secrecy orders, and other measures. Now, even conservative justices are questioning the Administration’s demand to be able to engage in round-the-clock surveillance of citizens without a warrant using GPS technology. The sweeping new claim would gut the protections of the Fourth Amendment in the latest attack on civil liberties by Barack Obama.

Continue reading ‘Obama Administration Argues For “Orwellian” New Powers To Track U.S. Citizens’

The Right of Citizens To Videotape Police

Below is my column today in The Los Angeles Times where I discuss the continuing trend of arrests of citizens videotaping police. We have followed many more cases but a couple are mentioned in the column. What is most disturbing is that prosecutors and police are continuing to fight court rulings upholding the right of citizens to videotape police.

Continue reading ‘The Right of Citizens To Videotape Police’

A Decade of Misplaced Patriotism

Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

A milestone passed by most of us this past week.  It seems that the Patriot Act birthday cake added a 10th candle this week and there was no party!  The infamous Patriot Act turned 10 this week and a decade of attacks on our personal liberties went unnoticed by our Main Stream media.  You can probably remember that the act passed with little opposition in the House and with only 1 member of the Senate in opposition. Continue reading ‘A Decade of Misplaced Patriotism’

Is “In God We Trust” The Only Thing Standing Between Us and Anarchy?

We have previously discussed how leaders in both the United States and Europe have focused on atheists and secularists as one of the greatest threats facing the free world. Rep. Trent Franks (R-Ariz.) seemed to take this to a new level in arguing this week that if the nation did not reaffirm “In God We Trust” as our national motto, we are inviting anarchy and accepting that we are nothing but “worm food.”

Continue reading ‘Is “In God We Trust” The Only Thing Standing Between Us and Anarchy?’

The Obama Tuition Stimulus: Will Students Get A Sawbuck While The Constitution Get The Shaft?

The newly announced stimulus effort to help students has been denounced as an election year ploy that, as discussed in the below article, would result in less than $10 a month in savings for the average student. The question is whether such a use of executive power is constitutional given the conflict with prior legislation.
Continue reading ‘The Obama Tuition Stimulus: Will Students Get A Sawbuck While The Constitution Get The Shaft?’

Pro-Life or Pro-Libel: Former Dem Congressman Sues Susan B. Anthony List For “Loss of Livelihood” After Defeat

When former Rep. Steven Driehaus lost his seat in Ohio’s 1st Congressional District, he prepared more than a concession speech. He prepared a lawsuit. Driehaus blames his defeat on what he says were misrepresentations by the Susan B. Anthony List, a group that supports pro-life candidates for Congress. Continue reading ‘Pro-Life or Pro-Libel: Former Dem Congressman Sues Susan B. Anthony List For “Loss of Livelihood” After Defeat’

ICE Balls: Federal Agents Announce “We Don’t Need a Warrant, We’re ICE”

Over the last few decades, the courts and Congress have gradually made the warrant clause of the Fourth Amendment superfluous. Now the majority of searches in the United States are done without searches and private companies are now conducting searches for copyright and trademark infringements with the pleasing of Congress (and the lobbyists that shape the laws). Now, government agents have been offering a type of inverse Miranda warning — explaining that we don’t need stinking warrants in raiding homes. In a recent raid, Immigration and Customs Enforcement (ICE) agent were asked if they had a warrant, one agent reportedly said, “We don’t need a warrant, we’re ICE,” and, gesturing to his genitals, “the warrant is coming out of my balls.”
Continue reading ‘ICE Balls: Federal Agents Announce “We Don’t Need a Warrant, We’re ICE”’

The Unholy Marriage Between the CIA and NYPD

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

If you think the Government is allowed to spy on Americans too much already, this next story will increase your blood pressure.  It was recently disclosed by the Associated Press that a CIA undercover operative has been directly advising the New York Police Department for at least 3 months.  I could have sworn that it was illegal for the CIA to spy on Americans, but nothing has been done to curb this possible violation and abuse of American’s privacy. Continue reading ‘The Unholy Marriage Between the CIA and NYPD’

Federal Judge Dismisses War Powers Challenge By Members of Congress

Soon after the news that Gadhafi had been shot, Judge Reggie Walton issued an opinion dismiss the lawsuit by members of Congress challenging the war powers claim underlying the intervention in the Libyan war without a declaration of Congress. I represent the members in that litigation. The Court declined to rule on the merits of the constitutional claims and instead held that the court does not have jurisdiction to rule on such questions. Despite the timing, the opinion did not turn on the removal of Gadhafi. The opinion is below.
Continue reading ‘Federal Judge Dismisses War Powers Challenge By Members of Congress’

Can The “Adult Baby” Sue Senator Coburn?

There is an interesting controversy in Washington where Stanley Thornton Jr., aka “Adult Baby,” has demanded an apology from Sen. Tom Coburn, who Thorton says effectively accused him of fraud when Coburn called for the Social Security Administration to review his qualification for benefits. Thornton was featured on the National Geographic channel reality television show “Taboo.” Thorton lives part of his life as an “adult baby” and collects Social Security disability payments.

Continue reading ‘Can The “Adult Baby” Sue Senator Coburn?’

The GOP Continues to Wage War on Women with H. R. 358

Submitted by Elaine Magliaro, Guest Blogger

The GOP continues to wage its war on women’s rights. Last week, the House passed HR 358. HR 358, ironically named the “Protect Life Act,” could be the cause of women being left to die in hospital emergency rooms without treatment if the bill becomes a law—which is unlikely since President Obama has already released a statement in opposition to the bill.

Here’s a brief explanation of the bill from Human Rights Watch:

Bill Would Permit Hospitals to Let Women in Need of Care Die

(Washington, DC) – The United States House of Representatives approved a bill on October 13, 2011, that would put women’s lives at risk, Human Rights Watch said today. The bill, if it becomes law, would reverse longstanding federal policy requiring hospitals to provide life-saving care regardless of expense, Human Rights Watch said.

The Protect Life Act, HR 358, would amend the healthcare reform law to grant hospitals far-reaching powers to deny patients abortion care, without any exception for emergency situations. US law currently requires hospitals receiving federal funds to provide emergency care to anyone in need up to the point at which they can be stabilized or transferred, if the original hospital is incapable of providing the care they need.

“The misnamed Protect Life Act is about allowing women to die if they need an emergency abortion,” said Meghan Rhoad, women’s rights researcher at Human Rights Watch. “It is a vicious attack on women’s rights and on the most basic right to life.”

Continue reading ‘The GOP Continues to Wage War on Women with H. R. 358′

James Madison’s Prescient Warning

-Submitted by David Drumm (Nal), Guest Blogger

Republicans want to raise taxes on the poor to pay for tax cuts for the wealthy. CEOs are using taxpayer funded bailouts to rake in obscene salaries and bonuses. The wealthy fund play-for-pay think tanks that spit out position papers that support their benefactors’ desire to get wealthier. Certain media enterprises push messages such as corporate tax holidays and corporate deregulation that enhance the wealth of the few at the expense of the many.

Continue reading ‘James Madison’s Prescient Warning’

Ending Molasses Mayhem: Leahy Moves To Make False Labeling of Maple Syrup A Crime

We may be watching civil liberties and federal programs fall like leaves in Montpelier, but Senator Patrick Leahy (D, Vt.) is moving aggressively to address the need for yet another federal crime . . . the crime mislabeling products as containing maple syrup. That’s right, despite criticism of the over-criminalization of America (here and here and here), we need to add a federal law on maple syrup mobsters.
Continue reading ‘Ending Molasses Mayhem: Leahy Moves To Make False Labeling of Maple Syrup A Crime’

U.S. Airlines Lose Effort To Avoid Paying European Pollution Tax

U.S. airlines lost a critical fight this week to avoid paying the costs of pollution caused by their aircraft in Europe. Foreign airlines are required to pay for their carbon pollution by the European Union, but American airlines insisted that they should not be required to pay for their share of pollution. It is the type of argument that received rapturous applause in Congress and immediate waivers of liability. However, American executives were shocked when the European Court of Justice in Luxembourg actually ruled that the companies should pay their environmental tax. The Obama Administration has supported the companies in fighting the pollution tax.
Continue reading ‘U.S. Airlines Lose Effort To Avoid Paying European Pollution Tax’

Ten Years in Afghanistan: America’s Marks A Milestone With a Shrug and a Shutter

Today, our country passes an important anniversary, which (unlike the 9-11 anniversary) will be largely ignored by politicians and the White House. We have now been in Afghanistan for ten years. That’s right, ten years. We have had 2 million troops in the country and lost roughly 1,700 lives. We have spent hundreds of billions of dollars. Yet, the President and other politicians would prefer to have the anniversary pass without much notice for good reason. It has been a disaster and it is not improving. In the meantime, the public is heavily opposed to our presence in the country. In the meantime, a general has used the anniversary to assure the American people we are now halfway to meeting our goals.
Continue reading ‘Ten Years in Afghanistan: America’s Marks A Milestone With a Shrug and a Shutter’

The Hit List: The Public Applauds As President Obama Kills Two Citizens As A Presidential Prerogative

Below is today’s column in USA Today (to run in paper form on Wednesday) on President Barack Obama’s claim to the right to kill citizens as dangers to the nation. Ironically, the day after I wrote the Los Angeles Times column on Obama’s disastrous impact on the civil liberties movement in the United States (including his assertion of the right to kill citizens on his own authority), the U.S. killed two citizens in Yemen. Notably, Ron Paul (who has emerged as the only candidate discussing these issues from a civil libertarian perspective) suggested an impeachment inquiry based on the killing of the two citizens. Below is the column in USA Today.
Continue reading ‘The Hit List: The Public Applauds As President Obama Kills Two Citizens As A Presidential Prerogative’

Obama and the Decline of the American Civil Liberties Movement

Below is today’s column in The Los Angeles Times on the record of Barack Obama on civil liberties and his impact on the civil liberties movement in the United States.

Continue reading ‘Obama and the Decline of the American Civil Liberties Movement’

Solyndra Executives Plead The Fifth In Deepening Scandal

In another bad turn for the White House, Solyndra executives repeatedly invoked the Fifth Amendment on the company’s financial collapse and its receipt of $535 million federal loan guarantee. President Barack Obama has been criticized for ignoring warnings that the company was poorly structured and in danger of failing before highlighting the company as an example of his program of stimulus funds.

Continue reading ‘Solyndra Executives Plead The Fifth In Deepening Scandal’

Eating Out of House and Home: Republican Opposes New Taxes By Noting That He Needs $200,000 a Year for Food

There may be need for an intervention in Congress after Rep. John Fleming, a Louisiana Republican, admitted to what appears an eating disorder. Fleming went on television to denounce Obama’s plans to tax the wealthy and explained how he really does not have a lot of income left over from earning $6.3 million a year from his string of Subway and UPS businesses. He insists that after paying taxes, salaries, and support for his businesses, he only takes home $600,000 — of which $200,000 goes to food for his family. Fleming is the father of four adult children and lives alone with his wife.
Continue reading ‘Eating Out of House and Home: Republican Opposes New Taxes By Noting That He Needs $200,000 a Year for Food’

First Circuit Reinstates $675,000 Verdict Against Boston University Student For Downloading Songs

For years, we have discussed the abusive litigation by the Recording Industry Association of America in seeking obscene damages against people for downloading songs. Congress, again, caved to demands by lobbyists to allow for such lawsuits. The result has been thuggish lawsuits where industry lawyers threaten not only citizens with ruin but, in the case of the Copyright Group, those who try to help them. Now, one of the most obscene verdicts against Boston University student Joel Tenenbaum has been reinstated by the First Circuit — $675,000 for downloading and sharing 30 songs. The court, however, takes the rare step of suggesting that Congress may want to look again at the law. The problem is that these citizens do not have well-paid lobbyists and massive campaign funds to motivate many members to act. The Obama Administration joined the industry in defending the law and the original fines as not unconstitutional.

Continue reading ‘First Circuit Reinstates $675,000 Verdict Against Boston University Student For Downloading Songs’

U.S. Now 25th In The World in Internet Speed — Just Ahead of Romania

The New York Times is reporting that the U.S. has fallen to 25th in a global ranking of Internet speeds. Feel not for the future, however, we are still one spot ahead of Romania. Take that Bucharest cyber cafes!

Continue reading ‘U.S. Now 25th In The World in Internet Speed — Just Ahead of Romania’

Cherokee Tribe Asserts Right To Expel Blacks

The Cherokee Tribe is in an interesting confrontation with the federal government over the right of the tribe to ban 2,800 African Americans from its citizenship rolls. Joe Crittenden, the tribe’s acting principal chief, insists that the Bureau of Indian Affairs has challenged the sovereignty of the tribe and “The Cherokee Nation will not be governed by the BIA.”

Continue reading ‘Cherokee Tribe Asserts Right To Expel Blacks’

One Percent of Americans Works For The Defense Department

A story today should prompt some discussion in how our society is changing as more and more Americans work for the government. For years, there has been a concern that we are becoming an institutionalized society with millions of Americans serving or working in prisons while millions more work for police and government agencies. Now, a report shows that one out of every 100 Americans work for the Defense Department. That is an astonishing figure. That figure balloons further when one considers the number of citizens working in the internal security, police, and intelligence systems.

Continue reading ‘One Percent of Americans Works For The Defense Department’

Reflections On 9/11

Below is today’s brief essay in the Los Angeles Times that is part of a series called Reflections on 9/11. I was asked that day after the attacks to write a column for the newspaper, which ran on September 13, 2001. As I wrote the piece, I could still see smoke rising from the Pentagon. The plane in Washington hit just behind my car a minute or so after I passed the Pentagon on my way to work from Alexandria. On that day, my greatest concerns were two-fold: a change in the definition of war and the expanded use of assassination. Unfortunately, my worst predictions were exceeded by the Bush Administration and later the Obama Administration. It is shocking to think that this was ten years ago. The images and feelings remain so vivid. My car was forced into a curb by a careening car that morning and I had to replace my tire as the smoke bellowed from the Pentagon. The thought of all the innocent people lost in Washington, New York, and Pennsylvania remains an open wound for so many of us. The sheer savagery and inhumanity of the attacks shocked the conscience — a feeling only magnified later when Bin Laden was shown gloating over how he personally advised the terrorists on the best place to hit the buildings. The cautionary piece on September 13th was not meant to take away from the legitimate and collective anger that we felt — and still feel. However, it was already clear within two days of the attacks that Bush officials were going to seek the radical expansion of presidential powers and were already referencing our civil liberties as an impediment to our safety. My heartfelt sympathy to all who lost friends and family on that day.

Continue reading ‘Reflections On 9/11′

The President Has Been Afraid of What?

Submitted by: Mike Spindell, guest blogger

As someone who voted for and rejoiced in Barack Obama’s election in 2008, I had certain expectations for his Presidency. My expectations heightened with the Democratic party’s majorities in Congress. Foremost I wanted to see a swift end to both wars, which I believe are unjust and draining the resources of this country. Since Obama was presumably a constitutional law scholar, I expected that he would return this country to the Rule of Law. I expected the new President to eliminate the Bush constitutional usurpation of our government and people, occurring with Democratic Party compliance. The Administration would end the widespread use of torture, rendition, and the excesses of The Patriot Act. His Department Of Justice would prosecute those who were responsible. As far as the economic crisis engendered by Wall Street excesses, I had faith that he would deal with it through FDR like projects, by re-regulation/prosecution of the financial industry and ending the unjustified Bush Tax cuts for the wealthy.

 That none of this has happened, or was even attempted has filled me with disappointment and anger towards this Administration’s performance. In my mind as I tried to make sense of it of this betrayal, there was a nagging suspicion. What if the “powers that be” in our Country including the Military-Industrial complex had sent the word to the newly elected President: “Play ball”, or find yourself and your family grievously threatened? I was a young adult through the 60’s as I watched the assassinations of my heroes, one of whom was a President. I’m not  comfortable with the official explanation of these deaths, since there was much that didn’t make sense. In the 70’s The Pentagon Papers, Watergate, and later the Church Committee Report on the CIA gave credence to the possible actions of a secret government. In addition, we learned from General Smedley-Butler, http://en.wikipedia.org/wiki/Smedley_Butler  that a group of businessmen had contacted him in 1934 about leading a coup against FDR. One of those conspirators was Prescott Bush, father of Bush I and grandfather of Bush II. Later, Prescott Bush was involved in a Bank that had financed the NAZI’s rise to power. http://www.guardian.co.uk/world/2004/sep/25/usa.secondworldwar.

On September 7th, Rob Kall’s OpEdNews published “Obama Team Feared Coup If He Prosecuted War Crimes”.  Andrew Kreig, executive director of the Justice Integrity Project, wrote this article. There are some very persuasive points in it and I believe it is worth your perusal and comment:

http://www.opednews.com/articles/1/Obama-Team-Feared-Coup-If-by-Andrew-Kreig-110907-156.html

If this speculation were true, it would go a long way towards explaining what we’ve been seeing from the Obama Administration. It would also be a disaster for any notion of the Rule of Law.  Continue reading ‘The President Has Been Afraid of What?’

Pay to Say: Paul Ryan Charges His Constituents to Talk to Him

Submitted by Elaine Magliaro, Guest Blogger

During the recent Congressional recess, House Budget Chairman Rep. Paul Ryan (R-WI) decided that he wasn’t going to hold any public face-to-face town meetings with the constituents in his district. Instead, according to Politico, he opted for town hall-style meetings that were strictly “pay-per-view.” And Ryan wasn’t the only member of Congress who chose to charge people for the privilege of speaking to them.

In a Politico article, Reid Epstein wrote:

By outsourcing the events to third parties that charge an entry fee to raise money, members of Congress can eliminate most of the riffraff while still — in some cases — allowing reporters and TV cameras for a positive local news story.

Evidently, Ryan didn’t want to be confronted at public forums with any protesters or with angry backlash or questions from voters upset with his positions on issues like taxes, Medicare, and Social Security—as he was last spring.

Continue reading ‘Pay to Say: Paul Ryan Charges His Constituents to Talk to Him’

Is Ignoring Voter Anger A Wise Strategy?

Submitted by Gene Howington, Guest Blogger

Town Hall style meetings have been a cornerstone of the political process in America since before its founding. Americans have a long tradition of directly interacting with both representatives and candidates on the issues of the day.  The Constitution guarantees the right to petition in the 1st Amendment.  “Congress shall make no law [. . .] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The Declaration of Independence lists a failure to redress grievances as one of the reasons for splitting with the monarchy. “In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” The right to petition is as old as English law, tracing its roots to the implicit guarantees of the Magna Carta and the explicit guarantees of the English Bill of Rights of 1689. However, in America today, this does not mean politicians are obligated to listen to the public. “Nothing in the First Amendment or in this Court’s case law interpreting it suggests that the rights to speak, associate, and petition require government policymakers to listen or respond to communications of members of the public on public issues.” Minnesota Board for Community Colleges v. Knight, 465 U.S. 271 (1984).  With the manifestly undemocratic process of setting up “free speech zones” to stifle protests at political rallies, Town Hall events are (were) one of the last venues where the public can directly access their representatives without being a major campaign contributor or a corporate funded lobbyist.  The reasons our elected officials have given for canceling these events vary, but the bulk of the excuses narrow down to blaming the voting public for change,  some citing security in the aftermath of the Giffords shooting, others blaming grass-roots groups for commandeering the town halls.   Of course, some offered no rationale for slapping the voting public in the face other than simple greed by opting for smaller (sometimes private) or paid events.

As Washington has grown less responsive to what voters tell them and operate in the favor of monied special interests more openly than ever, the voting public has taken notice. An Associated Press-GFK poll recently showed that 87% (you read that right, eighty-seven percent) of Americans disapprove of lawmakers’ job performance.   In a democracy, the voters who no longer feel like they have a say in the political process have started to take their justifiable anger and frustration out on politicians whenever given the access to do so. Faced with vocal and public oppositions to policies unpopular with the public, some politicians have adopted a new tactic: ignoring the public and canceling Town Hall events while attempting to place the blame for their choice on the public for daring to criticize politicians or voice their displeasure at Town Hall meetings. When dealing with angry and frustrated people, let alone voters, is ignoring them a wise strategy? Or is it a recipe for even greater public anger and frustration at a system most already perceive as non-responsive?
Continue reading ‘Is Ignoring Voter Anger A Wise Strategy?’

Where Do We Get The Jobs Needed To Ignite The Economy?

Respectfully Submitted by Lawrence Rafferty (rafflaw) – Guest Blogger

 

In light of the news yesterday that the economy created zero net new jobs in the month of August, I began to think of ways that jobs could be created.  I know a little thinking on my part is dangerous, but I came across an article that, in my opinion, really hit the nail on the head.  The article discusses a study by professors at the University of Massachusetts at Amherst that suggests that more good paying jobs are created by the government when the money is put towards health care, education and clean energy and even tax cuts as opposed to runaway military spending. Continue reading ‘Where Do We Get The Jobs Needed To Ignite The Economy?’

The Real Tea Party, Not Today’s Tea Party Fakes

Submitted by: Mike Spindell, guest blogger

Today I came across this fascinating exposition on a facet of American History often overlooked in our educational syllabus. The Boston Tea Party, from which today’s Tea Party takes its’ name, was actually a revolt against the dominance of the largest Multi-national Corporation of its’ time and its’ monopoly of the ubiquitous tea trade. The power of this entity came through its political dominance of the British Monarchy and with its’ compliance and enforcement of this Corporation’s needs. Contrast the actual positions of today’s “Tea Partier’s” with those whose names they usurp. I think you will find this a fascinating video and I will comment after the fold.

Continue reading ‘The Real Tea Party, Not Today’s Tea Party Fakes’

Why Don’t Politicians Want to Pay for Disaster Relief?

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Bogger

 

It is a big deal when you read that New York City is shutting down their transit system and ordering evacuations due to the impending hurricane that is making its way up the Eastern coast.  It also concerned me because my daughter is now in NYC and is unable to get out before Monday.  I can only imagine the devastation that will occur all the way from the Carolinas up to the Northeast due to Hurricane Irene.   When you read the stories and see the pictures of the havoc and sometimes death that is the result of these kind of natural disasters, it is hard to understand why some politicians are clamoring that the government should not pay for relief unless there are corresponding spending cuts! Continue reading ‘Why Don’t Politicians Want to Pay for Disaster Relief?’

Obama Administration Pressures Prosecutors To Drop Criminal Investigations Of Banks Over Mortgage Fraud

The last few years have been replete with stories of fraudulent and possibly criminal acts for banks in the mortgage crisis. Thousands have lost their homes and faced financial ruin. The Administration is yielding to demands from lobbyists for the banks and particularly targeting Eric T. Schneiderman, the attorney general of New York, in demanding support for a deal that would offer just civil fines rather than criminal penalties.

Continue reading ‘Obama Administration Pressures Prosecutors To Drop Criminal Investigations Of Banks Over Mortgage Fraud’

USGS Revenge? Earthquake Hits Cantor’s District After He Led Fight To Slash Funding

The epicenter was Mineral Virginia in the district of Republican Congressman Eric Cantor. You may recall Cantor’s effort to slash the budget of the United States Geological Service (USGS).

Continue reading ‘USGS Revenge? Earthquake Hits Cantor’s District After He Led Fight To Slash Funding’

The Unofficial Turley Blog Job Creation Plan


Respectfully Submitted by Lawrence Rafferty-Guest Blogger

We have heard both sides of the aisle claim that they have the next big idea to bring jobs back to Main Street. Recently President Obama, according to an article from former Labor Secretary Robert Reich, has claimed that he will be submitting a Jobs Bill to Congress when they return from their 5 week summer hiatus.  Continue reading ‘The Unofficial Turley Blog Job Creation Plan’

Securities and Exchange Commission Accused of Shredding Investigation Documents for Nearly Twenty Years

Submitted by Elaine Magliaro, Guest Blogger

Senator Charles Grassley (R-Iowa) has asked the Securities and Exchange Commission to respond to allegations made by a whistleblower that the agency had destroyed files from preliminary investigations of financial firms—including Goldman Sachs, SAC Capital Advisors, Deutsche Bank, AIG, and Bernie Madoff Investment Securities.

A Bloomberg article reported that Grassley’s request was prompted by a letter that he received from SEC attorney Darcy Flynn claiming that the SEC had “destroyed documents including materials related to Goldman Sachs’ trades of American International Group Inc. (AIG) credit- default swaps in 2009, insider-trading probes of Deutsche Bank AG (DBK), Lehman Brothers Holdings Inc. (LEHMQ) and SAC Capital Advisors LP, and investigations of possible financial fraud at Wells Fargo & Co. (WFC) and Bank of America Corp. (BAC) in 2007 and 2008.”

Continue reading ‘Securities and Exchange Commission Accused of Shredding Investigation Documents for Nearly Twenty Years’

Tobacco Companies File Free Speech Challenge To New Graphic Cigarette Labels

Four of the five largest U.S. tobacco companies have filed a free speech challenge to the new packaging for cigarettes. I have previously criticized the graphic images of corpses and diseased organs. If the case goes to the Supreme Court, it could resolve the long-standing debate over the scope of free speech rights held by corporations as opposed to individuals. In that sense, it could be the extension of the Citizen United case in adding elements of personhood to corporations in the free speech area.

Continue reading ‘Tobacco Companies File Free Speech Challenge To New Graphic Cigarette Labels’

Is The Media Actively Erasing Ron Paul From Election Coverage?

While some on our blog (including many regulars who I respect) disagree, I have never hidden my respect for Ron Paul. I have occasional lunches with Paul who is one of the brightest and most engaging minds in Congress. This segment by John Stewart does a great job in addressing the concerted effort to ignore Paul despite his almost winning the recent Iowa straw poll. Even “XXX” got more attention by Associated Press.
Continue reading ‘Is The Media Actively Erasing Ron Paul From Election Coverage?’

Air America: Federal Government Spending $200 Million in Subsidies For “Essential Air Service”

While Congress is rolling back on scientific and environmental programs, it is continuing to spend $200 million in subsidies to pay for people to fly in nearly empty planes from remote airfields under the Essential Air Service program. Speaker John Boehner and Minority Leader Nancy Pelosi are planning to kill the 200-year-old page system to save $5 million, but they supported this continuing program costing almost a quarter of a billion dollars. In some cases, a coach ticket cost the taxpayers over $4000 in subsidies.
Continue reading ‘Air America: Federal Government Spending $200 Million in Subsidies For “Essential Air Service”’

An Example of Why We Need Health Care Reform

Submitted by Lawrence Rafferty-Guest Blogger

 

With the recent news of an appeals court decision that struck down the individual mandate portion of the Health Care Reform act, the problems with our Health Care system is on the front page again.  While we hear politicians claim that the market place should decide all health care cost and access issues, millions are without coverage and the costs Americans pay for health insurance is staggering. Continue reading ‘An Example of Why We Need Health Care Reform’

Court of Appeals Strikes Down Individual Mandate As Unconstitutional

In a major victory for opponents to President Barack Obama’s healthcare law, the United States Court of Appeals for the Eleventh Circuit in Atlanta has ruled that the individual mandate provision is unconstitutional. The decision affirmed part of a January ruling by U.S. District Judge Roger Vinson of Florida.

Continue reading ‘Court of Appeals Strikes Down Individual Mandate As Unconstitutional’

Save The Congressional Pages

Here is today’s column in the Los Angeles Times on the announcement that the House Page Program would be shutdown. After almost 200 years of loyal service, the pages deserve better and many former pages are asking the leadership to meet with us to consider alternatives.

Continue reading ‘Save The Congressional Pages’

House Leadership Moves To End Page Program After Roughly 200 Years — To Save $5 Million

It is one of the oldest institution in our government and stretches back to the founding of our Republic. Yet, in a decision made without consulting other members, former pages, or historians, Speaker John A. Boehner (R-Ohio) and Minority Leader Nancy Pelosi (D-San Francisco) snuffed out the program to save just $5 million. As a former House leadership page in the 1970s (and here), I have written repeatedly in columns to propose page alumni taking over the program and even funding most or all of the program. The problems in the past have been entirely due to the pedophiles among the members and poor administration. Instead of allowing some discussion of alternatives, the House leadership moved to kill a program that has been a cherished and powerful symbol in our government.
Continue reading ‘House Leadership Moves To End Page Program After Roughly 200 Years — To Save $5 Million’

Is An Economic Revolution Possible in the United States?

Respectfully Submitted by Lawrence Rafferty-Guest Blogger

 

After the news over the past few months about the global uprisings against tyrannical and non-responsive governments, I have pondered why the United States has not had more people in the street protesting the economic inequality that we are facing here at home?  Continue reading ‘Is An Economic Revolution Possible in the United States?’

Double Secret Probation

Respectfully Submitted by Lawrence Rafferty-Guest Blogger

I guess I am a little naïve, but I was shocked to read that the Obama Administration has a secret legal interpretation of the Patriot Act that is so large in its scope that some Senators consider it a whole new law! Continue reading ‘Double Secret Probation’

Tea Party: “We Are Not Terrorists!”

Submitted By Mark Esposito, Guest Blogger

The wrath from the right has been scortching ever since VP Joe Biden commented that certain freshman tea party congressmen were acting “like terrorists” in negotiations to raise the debt ceiling. There was equally no love lost when John McClain commented that the tea party freshman were acting as “deceivers” and their ideas were “bizarro.”

Continue reading ‘Tea Party: “We Are Not Terrorists!”’

The New Debt Deal May Cost Up To 1.8 Million Jobs!

Submitted by Lawrence Rafferty-Guest Blogger

Weren’t we told that if the Debt Ceiling was not raised that the Triple A credit rating of the United States would suffer?  I guess the credit agencies don’t care if 1.8 Million jobs are lost in the process!  Continue reading ‘The New Debt Deal May Cost Up To 1.8 Million Jobs!’

Tea Party and the Myth of a Grassroots Movement

Submitted by: Mike Spindell, guest blogger

 The 2010 elections which gave the Republican Party the majority in the House of Representatives was seen as the elevation of a “Grassroots Movement”, composed of the spontaneously combusted wrath of ordinary citizens fed up with a bloated government. It was indeed a seminal moment for those people who disdained taxation, government handouts in entitlements, and the seeming waste of our tax dollars. The initial angry explosion was a reaction to the proposal and passage of the Health Care Bill. Rallies were organized, town hall meetings disrupted and a “hit list” of both Republican and Democratic members of  Congress circulated. 

The initial mainstream media reaction to this nascent movement was one of disdain, particularly because it was seen as an “out of the Beltway movement”, thus not to be taken seriously. However, this changed in a large part led by FOX News and copied by its “wannabe” CNN. Led by these Cable outlets, thirsting for sensation to fill their 24/7 news maws, all media began to follow suit, not wanting to be left behind. I find it interesting though that as late as April 22, 2010, Politico, hardly a left wing outlet, noted that unwarranted attention and media frenzy had begun, elevating the status of this purported movement: http://www.politico.com/news/stories/0410/36185.html  It is ironic that this article, while laying out the irrational amount of attention given to the Tea Party, at its end discounts the effect the movement would have on the election. Its authors certainly were not prescient.

Lost in the tumult of media exaggeration and sensationalism was the fact that this was not at all a grass roots movement of average Americans, but a crafty example of political manipulation laid out in tandem with the compliance of Rupert Murdoch’s news network’s assault upon all things they deem liberal. The prime mover in this is Richard “Dick” Armey, a former Texas Republican Congressman, House Majority Leader, and major senior lobbyist at a worldwide lobbying firm. Armey created the mythology of a grass roots movement, guided its progress, arranged, and then paid for its “spontaneous” events.

Continue reading ‘Tea Party and the Myth of a Grassroots Movement’

Excerpt from the Hypocrite Files: Tea Party Rep. Joe Walsh of Illinois, Debt Ceiling Darling & Deadbeat Dad

Submitted by Elaine Magliaro, Guest Blogger

Joe Walsh’s Video: President Obama Quit Lying

http://youtu.be/jU3SBeoG9uQ

(I apologize. I’ve tried to embed the video several times without success.)

It appears that Joe Walsh, the Republican Representative from the Eighth District in Illinois, isn’t so fiscally responsible when it comes to his own finances. The same man who says he refuses to place “one more dollar of debt upon the backs of his kids,” actually “owes more than $100,000 in child support to his ex-wife and three children, according to documents his ex-wife filed in their divorce case in December.” He also lost his Evanston condo to foreclosure.

Continue reading ‘Excerpt from the Hypocrite Files: Tea Party Rep. Joe Walsh of Illinois, Debt Ceiling Darling & Deadbeat Dad’

Government Wants ISPs to Spy On You

Submitted by Gene Howington, Guest Blogger

While everyone was distracted with the hullabaloo surround the artificial “debt ceiling crisis”, Congress did manage to get some work done.  Unfortunately that work was in furtherance of eroding your right to privacy.  Thursday, July 28, the House of Representatives Judiciary Committee submitted a bill (H.R. 1981) under the politically motivated and misleading name Protecting Children From Internet Pornographers Act of 2011, which was quietly lobbied for by conservative Republicans and the Department of Justice, voted in committee to advance regulations requiring Internet service providers to retain your account information.  This information preserved would include not just your IP address, but customers’ names, addresses, phone numbers, credit card numbers and bank account numbers as well.  The Judiciary Committee approved this bill in a 19-0 vote, rejecting a last minute amendment that would have required the retention of IP addresses only by 7-16.

Continue reading ‘Government Wants ISPs to Spy On You’

Do We Really Need A Debt Ceiling?

Submitted by Mike Appleton (Guest Blogger)

The debate raging in Congress over increasing the so-called “debt ceiling” makes for wonderfully frenetic headlines.  It allows Republicans to play pin the blame on the donkey and Democrats to respond with accusations of irresponsible brinkmanship.  In the end it is likely that a bill in some form will be passed because the government must pay its bills.

But lost in the frenzy is a fundamental question.  The budget is determined by Congress through the appropriations process.  Therefore, Congress essentially determines the amount of the nation’s debt.  The borrowing authority granted by Congress to the Treasury provides flexibility in financing that debt.  The executive branch cannot spend more than is appropriated, nor borrow more than is needed to service debt.

So, since Congress controls the purse strings, and the power of the President is limited to implementing the fiscal will of Congress, why is it necessary to periodically debate Treasury’s borrowing authority?  More specifically, is there any logical reason for the imposition of the misnamed “debt ceiling”? Continue reading ‘Do We Really Need A Debt Ceiling?’

Half Of Americans Don’t Pay Any Taxes

-Submitted by David Drumm (Nal), Guest Blogger

It’s a common claim from the Right, but it’s not true. Senator John Cornyn (R-Texas), in a Senate floor speech,  claimed “Fifty-one percent — that is, a majority of American households — paid no income tax in 2009. Zero. Zip. Nada.” At least he used the often omitted “income” adjective. However, those individuals still pay payroll taxes, like Social Security and Medicare, sales taxes, and often property taxes.

Continue reading ‘Half Of Americans Don’t Pay Any Taxes’

Coin Seigniorage – Legal Response To Debt Ceiling Crisis

-Submitted by David Drumm (Nal), Guest Blogger

Coin seigniorage (CS) is the net revenue derived from the issuing of coins. It cost less than one dollar to mint a dollar coin and the difference between the manufacturing costs and face value (one dollar) is pure profit for the Treasury. The United States could just print more paper money, however, there is a statutory limit to the amount of paper currency in circulation at any one time.

There is not, ironically, a similar statutory requirement on the amount of coinage. The idea of using CS to solve the debt crisis is garnering a lot of serious attention.

Continue reading ‘Coin Seigniorage – Legal Response To Debt Ceiling Crisis’

Mc-Statesman And The “Deceivers”

Submitted by Mark Esposito, Guest Blogger

The battle over raising the debt ceiling has made some interesting bedfellows and even more intriguing and perplexing moments. At this instant, we are awaiting the vote on Speaker Boehner’s Plan which has been delayed to allow the mainline Republicans to scurry about coaxing tea partiers off their high horses named “No Taxes,” and “Cut Government.” For his part, Boehner has the distinct look of the bridegroom anxiously waiting at the legislative altar while the cavorting bride finishes up at the  ‘No, no Nanette” (you’ll recall that ditty, “Tea For Two.’) themed bachelorette party over at Michele Bachmann’s encounter group/ chapel/ballroom.

Continue reading ‘Mc-Statesman And The “Deceivers”’

Can The Default “Crisis” Be Solved Unilaterally?

Respectfully Submitted by Lawrence Rafferty-Guest Blogger

Following up on the continuing saga of the debt default crisis and our earlier articles, I had a few more thoughts on how the crisis should be handled. The first suggested solution came from President Clinton who argued for it in a recent interview. Continue reading ‘Can The Default “Crisis” Be Solved Unilaterally?’

The Solution to the Debt Crisis is an Easy One.

Respectfully submitted by Lawrence Rafferty-Guest Blogger

I have a slightly different take on the debt ceiling discussion started by Mike Appleton earlier.  The Debt ceiling issue is on every cable and broadcast TV channel and on just about every website and blog including here on Prof. Turley’s blog. The debt limit and its feared default has controlled the airwaves for weeks now, and it isn’t going to end soon if the news reports are to believed. The Democrats want increased revenue and the Republicans want cuts only to spending in order to convince both sides to do something that was done about 19 times during the preceding administration without much fanfare from either side. No matter who you support there is an easy solution to the problem and the majority of Americans agree with it. The Hill Continue reading ‘The Solution to the Debt Crisis is an Easy One.’

The Phony Debt Ceiling Debate

Submitted by Mike Appleton, Guest Blogger

Humorist Tom Bodett observed on NPR’s “Wait, Wait…Don’t Tell Me” this weekend that if we raise the debt ceiling any higher, we won’t be able to paint it.  In addition to being funny, his comment was more intelligent than most of what passes for debate on the issue.

Raising the debt ceiling is hardly a difficult decision to make, requiring that Congress answer only the following questions:

1. Are we unable with existing revenues to pay our debts as they become due?

2. Do we have the ability to borrow the funds necessary to cover the shortfall?

3. Will the additional borrowing push us over the existing debt ceiling?

If the answer to these questions is “yes,” the debt ceiling needs to be raised. Congress has always managed to get through the process rather easily, voting to increase the debt ceiling 74 times since 1962.  So why the current impasse on a routine matter? Continue reading ‘The Phony Debt Ceiling Debate’

Tiger By The Tail: Dem Leadership Struggle In Wake Of Latest Sex Scandal

Rep. David Wu has long been identified as a major liability for the Democrats. The first Chinese-American elected to Congress, Wu has displayed mental instability for years. He is now accused of an “unwanted sexual encounter” with the teenage daughter of a longtime friend.

Continue reading ‘Tiger By The Tail: Dem Leadership Struggle In Wake Of Latest Sex Scandal’

The Gang of Six and Their War on Main Street

Submitted by Lawrence Rafferty-Guest Blogger

It is probably just me, but it seems that every time we hear about a proposed deal to extend the debt limit and avert a government shutdown and a debt default, the plan does nothing more than cut the taxes on the wealthiest Americans and Corporations.  The latest proposal by the so-called Gang of Six is just one more example of Congress attacking the Middle Class. Continue reading ‘The Gang of Six and Their War on Main Street’

McConnell: Casey Anthony Verdict Shows Terrorist Suspects Should Not Receive Real Trials

Many have objected that the Casey Anthony trial and verdict has displaced attention to every thing from three wars to a growing economic crisis. Now, however, Senate Republican Leader Mitch McConnell has suggested that the impact of the Anthony verdict may extend to national security trials and serve as an excuse to deny terrorism defendants a federal trial. McConnell stated that the verdict shows that we cannot trust our court system in trying terrorism suspects. The clear import is that we should use the widely ridiculed military tribunal system because we cannot risk defendants actually prevailing in court.

Continue reading ‘McConnell: Casey Anthony Verdict Shows Terrorist Suspects Should Not Receive Real Trials’

Does Congress Have A Constitutional Obligation To Raise The Debt Ceiling?

-Submitted by David Drumm (Nal), Guest Blogger

Section four of the Fourteenth Amendment, known as the public debt clause, states that “the validity of the public debt of the United States, authorized by law … shall not be questioned.” The clause was included to prevent Southerners or their sympathizers from preventing payments owed to Union soldiers or their widows. However, the language goes beyond the narrow issue of Civil War debts.

Continue reading ‘Does Congress Have A Constitutional Obligation To Raise The Debt Ceiling?’

AT&T Mobility v. Concepcion: Has Consumer Protection Law Been Preempted?

Submitted by Mike Appleton, Guest Blogger

“All animals are equal but some animals are more equal than others.”

-George Orwell, “Animal Farm”

The Supreme Court’s decision in the Walmart class action case has understandably generated controversy for its adverse impact on the litigation of workplace discrimination claims.  But the Walmart case is not nearly as far reaching in its implications as the decision issued by the Supreme Court on April 27, 2011 in AT&T Mobility, LLC v. Concepcion, 563 U.S. _____ (2011).  The opinion in Concepcion confirms two truths.  First, Justice Antonin Scalia is firmly committed to federalism except when he isn’t.  Second, corporate America is well on its way to usurping the common law and state statutory law intended to protect the interests of aggrieved consumers. Continue reading ‘AT&T Mobility v. Concepcion: Has Consumer Protection Law Been Preempted?’

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