Category: Congress

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

Should Scalia and Thomas Be Retroactively Recused From Citizens United?

I just participated in a press conference (with Stanford Professor Deborah Rhode) dealing with Common Cause’s letter (below) asking the Justice Department to look into alleged conflicts of interest related to Justices Scalia and Thomas in the Citizens United case. Common Cause identified extremely serious issues related to the participation of Scalia and Thomas in events organized by Koch Industries CEO Charles Koch as well as Ginny Thomas’ involvement in Liberty Central.

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Bizarre, Congress, International, Media, Politics

Reid Criticized for Calling Chinese President a “Dictator”

Ok, I’m confused. I know that China virtually owns this country by holding billions of our debt. However, I fail to understand the criticism of Senate Majority Leader Harry Reid for calling Chinese President Hu Jintao a “dictator.” Hu is the head of a government that arrests dissidents, censures news, restricts the exercise of religion, blocks access to information, and does not allow opposing political parties or viewpoints. What was Reid supposed to call him, a voice of freedom?
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Bizarre, Congress, Constitutional Law, Criminal law, International, Military, Politics, Society

Cheney: Obama Has Adopted Bush Policies on Torture and Gitmo

As many of us expected, President Obama’s decision to block any investigation or prosecution of war crimes has led Republicans to rehabilitate George Bush’s legacy.  The latest claim came from former Vice President Dick Cheney who previously boasted about the torture program in public — unconcerned about any prosecution from Attorney General Eric Holder.  Now, Cheney is boasting that Obama has “learned from experience” that some of the Bush administration’s decisions on terrorism issues.

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Congress, Constitutional Law, Politics, Supreme Court

Are Child Labor Laws Unconstitutional in The Tea Party World?

Submitted by Lawrence Rafferty(rafflaw), Guest Blogger

 

We have seen and heard on many occasions the Tea Party claim that it desires Congress and the Federal Government to follow the letter of the Constitution instead of reaching beyond the four corners of the document.  With that thought in mind, I was intrigued by a recent article on the Think Progress site that reviewed the You Tube video claims made by U.S. Senator Mike Lee of Utah, that Congress’ passage of laws outlawing and restricting Child Labor, was unconstitutional. http://thinkprogress.org/2011/01/14/lee-child-labor/?wpmp_switcher=desktop

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Congress, Constitutional Law, Justice, Politics

On Civil Liberties & Freedom: Take 2

Submitted by Elaine Magliaro, Guest Blogger

I thought I’d do a follow-up to my Let Civil Liberties & Freedom Ring! post about the erosion of civil liberties in Britain—which, in my opinion, is akin to what has been happening here in the United States in the past decade. My inspiration for a second post on the subject was Glenn Greenwald’s most recent piece at Salon—Homeland Security’s laptop seizures: Interview with Rep. Sanchez.

I have been reading about the seizures of cell phones and laptop computers by the DHS. I have found it troubling that our government has no compunction about confiscating the personal property of some of its own citizens without any warrant, probable cause, or suspicion that the citizens may have been involved in a criminal activity.

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Congress, Criminal law, Politics

Twelve Angry Liberal Jurors: DeLay Slams Austin Jury Pool and Venue

Former House Majority Leader Tom DeLay (R-TX) once called the jurors in his recent trial his “brothers and sisters.” His view has changed a bit since they convicted him and he was sentenced to three years. DeLay has been making the talk show circuit and said on “The Today Show” that the jury was a liberal cabal led by a Greenpeace activist.
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Bizarre, Congress, Criminal law

Rep. Peter King To Propose Law Making It A Crime To Come Within 1000 Feet Of Federal Officials With A Gun

As Democratic and Republican members rush to line up with new bills to restrict speech or guns after the Tucson massacre, Rep. Peter King once again will not be outdone in criminalizing conduct. He is reportedly planning to introduce a bill that would make it illegal to knowingly carry a gun within 1,000 feet of the President, Vice President, Members of Congress or judges of the Federal Judiciary. This, of course, raises the problem with politicians being mobile. In states allowing concealed weapons, the appearance of any federal official or judge would require a fast estimation of 1,000 feet to avoid criminal charges.

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Congress, Criminal law, Politics, Society

Congressman Reportedly Moves to Criminalize Threatening Speech Against Members of Congress

Unfortunately, one of the most predictable things to follow a madman’s attack in this country is a slew of new laws proposed by politicians — often laws that threaten first amendment or fourth amendment rights. In the first of what may be a slew of such measures following the Arizona massacre, Rep. Robert Brady (D-Pa.) has indicated that he now plans to introduce legislation that would make it a federal crime to use language or symbols that could be perceived as threatening or inciting violence against a federal official or member of Congress. The law will be designed on the model of the law criminalizing threats against the President. That law has long been controversial with civil libertarians and Rep. Brady’s law will only magnify the constitutional concerns.

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Bizarre, Congress, Constitutional Law, Politics, Society

Scalia Agrees To Speak To New Conservative Members on the Constitution

Associate Justice Antonin Scalia is again in the midst of controversy with his decision to accept an invitation from Rep. Michele Bachmann (R-Minn.) to speak to incoming conservative members about the Constitution as part of their training. Bachmann, the founder of the House’s Tea Party Caucus, is leading efforts to repeal health care and seek new legislation based on a more conservative view of the Constitution. The decision to participate in such an event shows exceedingly poor judgment.

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Congress, Constitutional Law, Justice, Military, Politics

Resolutions and Dreams for 2011

SUBMITTED BY LAWRENCE RAFFERTY, GUEST BLOGGER

Now that the end of the year is just hours away, I thought it would be nice to put into writing some of the New Years resolutions that I have for 2011. This year has been a year of highs and lows for myself and for the country. These resolutions are my hopes and dreams for myself, the country and the world in the coming year.

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Congress, Courts, Politics

Republicans Obstruct the Judiciary

Submitted by Guest Blogger, Lawrence Rafferty

After a wonderful Christmas weekend spent with my family and my two Grandsons, and after celebrating the Bears victory over the Jets, it is time to get back to work.  I was not surprised to read that the Republican minority in the United States Senate have been trying to prevent President Obama’s nominations for the Federal Judiciary from receiving a vote on the Senate floor.  However, I was shocked to see the extent of the intentional obstruction.  The Obama Administration has the lowest judicial confirmation record since before the Carter administration.  Almost one of every nine judicial judgeships is currently without a Federal judge on the bench.  How could a minority in the Senate derail the nominations of so many judges to the Federal bench? 

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Congress, Environment, Politics, Society

EPA Moves Toward Limits on Greenhouse Gases

In what could be one of the most significant regulatory changes since its founding, the EPA has moved toward imposing limits on greenhouse gases with a finding that such gases now present a “serious problem . . . for future generations.” The move could have widespread environmental benefits apart from climate change in forcing more fuel efficient cars and greater limitations on power plants and industrial sources.
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Congress, Environment, Politics, Uncategorized

WHAT DOES THE US CHAMBER OF COMMERCE HAVE AGAINST 9/11 FIRST RESPONDERS?

 

SUBMITTED BY LAWRENCE RAFFERTY, GUEST BLOGGER

Earlier in the week, the legislation that would have provided medical help for 9/11 first responders was killed by Republicans.  I was shocked to see that any political party would be against getting medical help for true American heroes.  You can imagine my surprise when I found out who was helping the Republicans defeat this humanitarian bill.  The United States Chamber of Commerce was quietly working behind the scenes to make sure this bill was defeated.  The immediate question that came to my mind was why?  Why wouldn’t the Chamber want the heroes of 9/11 to get the medical help that they need to fight the many health problems that they have incurred due to their work on 9/11 at Ground Zero? Continue reading “WHAT DOES THE US CHAMBER OF COMMERCE HAVE AGAINST 9/11 FIRST RESPONDERS?” →

Congress, Military, Politics, Uncategorized

Don’t Ask, Don’t Tell Policy Repealed

Submitted by Elaine Magliaro, Guest Blogger

NOTE: A correction has been made to this post.

This afternoon, the United States Senate voted to end Don’t Ask, Don’t Tell—a policy that banned gays and lesbians from serving openly in the military for seventeen years. According to CBS News: “Eight Republicans joined nearly every Democrat to vote for repeal. The Republicans voting for repeal were Sens. Scott Brown (Mass.), Susan Collins (Maine), Olympia Snowe (Maine), Mark Kirk (Ill.), Lisa Murkowski (Alaska), John Ensign (Nev.), Richard Burr (N.C.) and George Voinovich (Ohio).”

The final vote was 65-31.

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