Category: Congress

Congress, Constitutional Law, Justice, Politics, Religion, Supreme Court

The Right’s War on Women

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 
I don’t think Barry Goldwater would recognize Conservatism or his Republican Party if he was alive today. Conservatism used to mean belief in safe and sound economic spending and freedom for all from governments getting too large and too restrictive on personal freedoms. Recently we have seen Republicans offer up a brand new and dangerous definition of rape in an attempt to restrict abortions and to restrict government money being used to pay for them. Now we are seeing another Republican attempt to restrict the use of contraceptives under the guise of ending the alleged use of Federal funds to pay for abortions.

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

Obama Promotes CIA Officer Responsible For El-Masri Abuse

In yet another slap at civil libertarians and the rule of law, the Obama Administration has promoted the CIA officer responsible for one of the most embarrassing scandals of the Bush Administration: the kidnapping and abuse of Khaled el-Masri.

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Congress, Justice, Military, Politics

Brain Injured Vets vs. Tricare

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

I have previously written about certain politicians wanting to reduce Disabled Veteran’s disability payments in order to reduce the nation’s debt.  Now it seems that even the Military health care system called Tricare, is balking at providing the necessary, albeit expensive, cognitive rehabilitation therapy for brain injured military personnel.  Once again, wounded vets are being taken advantage of by the very system that is designed to provide them with medical care. 

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Congress, Constitutional Law, Lawyering, Politics, Society

Cuccinelli To Seek Expedited Review By Supreme Court on Health Care — Bypassing The Fourth Circuit

Virginia Attorney General Ken Cuccinelli announced this morning that he will file a Petition for Certiorari Before Judgment today requesting that the U.S. Supreme Court review the Commonwealth v. Sebelius decision without waiting for a ruling from the United States Court of Appeals for the Fourth Circuit.

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Congress, Constitutional Law, Courts, Politics, Society

Health Care and Federalism: A Response to Professor Charles Fried

I have received a significant number of emails after my earlier stated views on the national health care legislation were raised in the hearings this week before the United States Senate Committee on the Judiciary. Unfortunately, I am plowed under this week in litigation, but I wanted to offer a brief response to Harvard Law Professor and former Reagan Solicitor General Charles Fried who disagreed with my views on the danger to federalism.

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

The Ford Pinto Act: Is The White House Claim of “Activism” Fair?

Here is my column in USA Today (which was posted yesterday but will run in print on Monday) on the charge that Judge Vinson is an activist after his striking down of the entire health care plan. While I did not view the opinion as particularly strong in its substantive analysis and did not like the rhetoric flourishes (as discussed with Lawrence O’Donnell this week), I find the charge of activism to be a bit forced over the issue of severability.
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Congress, Constitutional Law, Courts, Politics

Federal Court in Florida Strikes Down Health Care Law As Unconstitutional

United States District Court Judge Roger Vinson has struck down the entirety of the National Health Care law (The Patient Protection and Affordable Care Act) as unconstitutional. What is most interesting is his decision that the entire act had to be struck down because of the individual mandate provision’s unconstitutionality. Vinson grants declaratory relief but declines to grant injunctive relief.

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Congress

Rape Redefined and Brought to You by Members of the US House of Representatives

Submitted by Elaine Magliaro, Guest Blogger

The new Republican majority in the House of Representatives is moving to make changes in abortion law. The new No Taxpayer Funding for Abortion Act (H. R. 5939) has 173 co-sponsors—most of them Republicans. According to The House GOP’s Plan to Redefine Rape, an article in Mother Jones that was written by Nick Baumann, John Boehner (R-OH) considers the bill a top priority for the new Congress. The bill, reportedly, includes a provision that rewrites the definition of rape.

Federal laws that have restricted the use of government funds for abortions have contained exemptions for pregnancies that resulted from rape and incest and for pregnancies that could endanger the lives of women. Evidently, the new legislation proposes that the rape exemption be limited to “forcible rape.”

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Congress

On Civil Liberties, Take 3: Speak Out Against the USA Patriot Act Sunset Extension Act of 2011!

Submitted by Elaine Magliaro, Guest Blogger

Last February, the U.S. Congress passed a one-year extension of three provisions of the Patriot Act that were due to expire. Although there were bills pending in the House and the Senate to amend those provisions—as well as other sections of the Patriot Act—Congress chose to reauthorize the act without making any changes.

This February, the three “sunset” provisions of the Patriot Act are due to expire again. On January 26th, Congressman Jim Sensenbrenner (R-WI) introduced legislation that calls for reauthorization of the three provisions. Sensenbrenner’s legislation would extend the “sunset” provisions through December 8, 2011.

Sensenbrenner said: “As the author of the USA PATRIOT Act and its reauthorization in 2005, I fully understand the intense legal scrutiny these provisions have undergone over the last several years and support making them permanent. These three provisions have helped thwart countless potential attacks since the bill was signed into law and are critical to helping ensure law officials can keep our nation safe from attack.”

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Congress, Politics, Society

Report: Bush White House Committed Gross Violations of Hatch Act

The Office of Special Counsel has found gross and knowing violation of the Hatch Act by the Bush White House and specifically its Office of Political Affairs. The OSC Report found that the Bush White House allowed the office to directly support Republican congressional candidates and even allowed the Republican National Committee to work out of the White House. The violations were found to be a “gross abuse of the public trust.”
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Congress, International, Justice, Military, Politics

State of the Union Wishlist


Submitted by Lawrence Rafferty (rafflaw), Guest Blogger

In light of the all the hoopla about President Obama’s upcoming State of the Union speech on Tuesday night, I have been thinking of all of the ideas and issues that I would like the President to address in his talk with the country. Since I am a Bears fan and  used to dreaming,  here it goes.
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Congress, Courts, Justice, Lawyering, Media, Politics, Society, Supreme Court

Scalia and the Rise of the Celebrity Justice: Should Justices Have a Political Base?

Here is today’s column in the Washington Post on the controversy over Justice Scalia’s appearance on Monday in a Tea Party Caucus event for new House members. I view the issue as having broader implications for the Court.
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Congress, Politics

Bachmann-Tea Party Overdrive

Submitted by Elaine Magliaro, Guest Blogger

Next Tuesday, President Obama will deliver his 2011 State of the Union Address.  Rep. Paul Ryan, Republican of Wisconsin and chairman of the House Budget Committee, has been selected to deliver his party’s “official” rebuttal.  Not one to let a media opportunity slip by, Rep. Michele Bachmann, Republican of Minnesota and founder of the Tea Party Caucus, has decided that she, too, will deliver her own post-State-of-the-Union-Address address. Her speech will “supplement” Ryan’s GOP rebuttal with a “Tea Party” perspective. It will be webcast on the Tea Party Express Web site and will follow Congressman Ryan’s speech. Anyone wondering why Bachmann is planning to do this?

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Congress, Constitutional Law, Courts, Justice, Lawyering, Media, Politics, Society

Justice Thomas Accused of Reporting Violations

Common Cause has sent the letter below to Justice Clarence Thomas raising concerns over his failure to report his wife’s income in prior years. For full disclosure, I have conferred with Common Cause on this nondisclosure issue and participated as an independent expert in the press conference yesterday on the absence of binding ethics rules for the members of the Supreme Court.

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