Category: Congress

Congress, Constitutional Law, Courts, Free Speech, Justice, Media, Politics

Et Tu Pennslyvania?

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

I guess I should not be surprised when I read of certain states trying to “cleanse” the voting rolls under the guise of voter fraud.  However, I was saddened to read that the State of Pennsylvania was joining the growing list of so-called Red and some not so Red states that are taking steps to disenfranchise voters prior to the November National elections.  The State of Pennsylvania is poised to possibly disenfranchise almost 10 percent of its voting population.  “Pennsylvania’s new voter ID law, which will take effect for the first time this November, may prevent 758,939 otherwise eligible voters, who do not currently have an acceptable ID, from voting.” Think Progress Continue reading “Et Tu Pennslyvania?” →

Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

Obama Campaign Spokesman: It’s a Penalty, Not A Tax

Some of us were highly critical of the Roberts decision on health care — finding that the federal government could impose the individual mandate as a tax even if it could not be justified under the Commerce Clause. This followed the Court rejecting the tax status for the purposes of the Anti-Injunction Act and the fact that the Obama Administration — including the President — long denying that it was a tax. The Administration changed its position in court and argued that it was a tax, if the Commerce Clause did not sustain the mandate. That has produced a political backlash after the Court recognized it as a tax all along. However, now Obama campaign spokesman Ben LaBolt said that President Obama denies it is a tax and even denying that the Administration ever said it was.

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Bizarre, Congress, Politics

Black Like Us: Detroit Congressman Reportedly Outed As White

Detroit appears to have its own version of the Elizabeth Warren Cherokee controversy. Congressman Hansen Clarke, D-13th District, has been attacked by his opponents of not being black. Forced into an unusual position Wednesday, responding to allegations that he’s masquerading as black to get votes. A robocall is informing Detroit voters that Clarke is not really black in a clearly racist appeal. Clarke is running for the newly redrawn 14th Congressional District, which includes Detroit, against two black women, Mary Waters and Brenda Lawrence.

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Congress, Constitutional Law, Courts, Free Speech, Media, Politics, Society, Supreme Court

Chief Justice John Roberts Opposes Court Expansion Proposal: A Response

Despite our recent appearance as co-commentators last week, Chief Justice John Roberts has spoken against my proposal to expand the Supreme Court to 19 members. According to the Washington Post, Roberts said that he opposed the proposal and added “Well, I suppose it depends on who gets to pick them.” For prior columns on my proposal, click here, here and here and here. (See also Unpacking the Court: The Case for the Expansion of the United States Supreme Court in the Twenty-First Century.” 33 Perspectives on Political Science, no. 3, p. 155 (June 22, 2004)).

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Congress, Constitutional Law, Courts, International, Justice, Military, Politics, Things That Tick Me Off

Georgia On My Mind

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

With apologies to the writers of the famous song by the same title, I came across a small news item that didn’t make the big headlines this past week.  Our friends in Georgia just don’t seem to get the idea that their citizen soldiers deserve the same right to vote that on military members enjoy.  In the upcoming primary elections and general election cycle, Georgia has violated the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) by not providing military members the minimum amount of time between elections in order to assure that their absentee ballots arrive in time to actually be counted in the respective elections.  At least the Justice Department thinks Georgia does not have the military on its mind! Continue reading “Georgia On My Mind” →

Congress, Criminal law, Media, Politics

Walking Back On Gun-Walking

-Submitted by David Drumm (Nal), Guest Blogger

Katherine Eban of Fortune has published the results of a six-month investigation into the Fast and Furious scandal that turns the previous narrative on its head. Eban notes a fundamental misconception at the heart of the scandal: while no one disputes that straw purchasers repeatedly bought guns that fell into the hands of criminals, “five law-enforcement agents directly involved in Fast and Furious tell Fortune that the ATF had no such tactic.”

Eban points out the irony of Republicans, who support the National Rifle Association’s attempts to weaken gun laws, chiding the ATF for not interdicting enough guns.

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Columns, Congress, Constitutional Law, Courts

Et tu, Roberts? Federalism Falls By The Hand Of A Friend

Below is today’s column in USA Today on the health care decision. Though I support President Obama’s effort to establish health care, I have always opposed the individual mandate as a violation of federalism principles. What is fascinating is how some challengers have heralded yesterday’s decision as a victory of federalism. As shown below, I do not take that view.

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Congress, Constitutional Law, Free Speech, Lawyering, Media, Military, Politics

Supreme Court Strikes Down The Stolen Valor Act

In an important win for free speech, the Supreme Court affirmed the Ninth Circuit in striking down the Stolen Valor Act — legislation that I have previously criticized (here and here) as a threat to the first amendment. The nice thing is that it was not particularly close and Chief Justice Roberts again broke with his more conservative colleagues. In United States v. Alvarez, No. 11-210, the Court held 6-3 that it is unconstitutional to criminalize lies — in that case lying about receiving military decorations or medals. Ironically, Alvarez now has something to brag about but no one will believe him.

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Congress, Constitutional Law, Politics, Society, Supreme Court

SUPREME COURT UPHOLDS INDIVIDUAL MANDATE IN HEALTH CARE
The U.S. Supreme Court

I am still at NBC but, as many have heard, the Supreme Court delivered a clear victory to the Obama Administration in upholding the individual mandate. However, the response may be a bit too gleeful for both those following the implications for the Court and the White House.

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Columns, Congress, Constitutional Law, Courts, Justice, Lawyering, Media, Politics, Society, Supreme Court

A Bigger and Better Supreme Court

Below is my column in today’s Guardian newspaper — a further discussion of my proposal to expand the Supreme Court. While overlapping a bit with the column on Sunday in the Washington Post, the piece adds a few new details on the proposal that I first made over ten years ago.

Continue reading “A Bigger and Better Supreme Court” →

Bizarre, Congress, Politics, Society

Hornets’ Draft Pick Anthony Davis Moves To Trademark Unibrow Phrases

We have been following the runaway trademark and copyright laws with common phrases, symbols, and images being claimed as private property. (here and here and here and here and here and here and here and here and here). Now New Orleans Hornets Draft pick Anthony Davis is moving to trademark his unibrow signature phrases like “Fear the Brow” and “Raise the Brow.” To avoid one of the thuggish firms enforcing these claims, I am showing what I hope to be an unprotected unibrow.

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Congress, Constitutional Law, Supreme Court

SUPREME COURT DECLARES MUCH OF ARIZONA LAW PREEMPTED

As we anticipated, the United States Supreme Court has reversed and upheld the Ninth Circuit in part in the immigration case. Most parts — Sections 3, 5, and 6 — are preempted. In this case, Justice Kagan recused herself and the opinion is written by Justice Kennedy. Both sides can claim some victory, though the Administration can claim the invalidation of most of the law. Yet, the most controversial provision remains unpreempted.

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Academia, Columns, Congress, Constitutional Law, Courts, International, Justice, Lawyering, Media, Politics, Society, Supreme Court

The Nineteen Member Court: The Case For Expanding The United States Supreme Court

Below is today’s column in The Washington Post Sunday Outlook. Due to the normal space restraints, the original article had to be cut down. Given the high number of comments and questions about the proposal (which I first made years ago) for the expansion of the Supreme Court, I have posted the longer, original piece. That longer version addresses some of the questions raised by readers.

Continue reading “The Nineteen Member Court: The Case For Expanding The United States Supreme Court” →

Academia, Columns, Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

Is The Supreme Court Too Small? A Proposal For The Expansion Of The United States Supreme Court

The Washington Post has posted my column for Sunday on expanding the Supreme Court. Due to space limitations, the original piece had to be cut back significantly, so below is the longer column. I will post the actual column on Sunday.

Continue reading “Is The Supreme Court Too Small? A Proposal For The Expansion Of The United States Supreme Court” →

Congress, Constitutional Law, Courts, Criminal law, Politics, Society

Deliberative or Evasive? Obama Asserts Privilege Over “Fast and Furious”

President Barack Obama today asserted executive privilege over documents long sought by Congress in the investigation of the “Fast and Furious” operation. The assertion in my view is facially overbroad and excessive. It is the latest example of sweeping claims of executive power and privilege by this Administration. Congress has ample reason to investigate this operation, which involves alleged criminal acts that may have resulted in the death of third parties, including a U.S. agent. The Justice Department is accused of complicity in one of the most ill-conceived and harmful operations in recent years. The very officials and agency accused of wrongdoing is claiming that it can withhold documents from a committee with oversight responsibilities.

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