Category: Congress

Happy Night Shift Workers Day

While many of us have been busy pulling out our Night Shift Workers Day decorations from the attic, some may not be aware of the holiday. Congress has also designated this Receptionist Day. The question of the day is the following: if you have a receptionist who works nights, should you bring two bouquets of flowers or pick which aspect of his or her employment you want to celebrate?
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Supreme Monopoly: Kagan’s Nomination Confirms The Lack of Educational Diversity on The Court

Below is today’s column (one of two columns today on the Supreme Court) addressing the troubling exclusion of schools other than Harvard and Yale on the Supreme Court — a type of academic cartel that is damaging to both that institution and our educational and legal systems generally. Click here for the other column in USA Today. Time Magazine also ran a long story on the reliance on graduates from Harvard and Yale, here.
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Lieberman to Propose Citizenship-Stripping Law

Greg Sargent at the Washington Post is reporting that Sen. Joe Lieberman (I-Conn.) will be proposing a new law that could potentially strip Americans of their citizenship if they’re involved with foreign terrorist organizations. The limited details revealed today are enough to send a chill down the spine of civil libertarians around the country. I will be discussing this issue tonight on Rachel Maddow’s show.

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Federalism and Health Care: A Response to Senator Orrin Hatch

In a recent speech before the Heritage Foundation, Senator Orrin Hatch (R, Utah) cited one of my column’s stating that I consider the claim of federal jurisdiction in the health care litigation to be a threat to federalism. That is certainly true (here). However, Senator Hatch then added that I had come to change my views over the course of the debate. That last addition is not accurate so I thought I would offer a brief response.
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Norton: Justice Thomas Just “Proposes” To Be African-American

D.C. Democratic Delegate Eleanor Holmes Norton made a shocking comment about Associate Justice Clarence Thomas this week, stating that ” We’ve got someone who proposes to be African-American on the court.” It is a shocking insult directed at Thomas and it is unworthy of Norton. It also seems to suggest that someone cannot be a true African-American if they are conservative.

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Duncan Hunter: Deport the Children of Illegal Aliens

Rep. Duncan Hunter has called for the deportation of the children of illegal aliens born in this country. I discussed this issue last night on Countdown. Jus soli (“law of ground”) or “birthright citizenship” is recognized in some form by nations like France and the United States while rejected by others.

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H.R. 5069: Chairman Johnson Introduces Bill To Remove Barriers To the Courts

Rep. Henry C. “Hank” Johnson Jr., chairman of the Judiciary Subcommittee on Courts and Competition Policy, has taken on an important and worthy cause — reforming the federal rules to remove barriers to average citizens and public interest groups in the forms of financial costs and penalties. It is a move that should be supported by lawyers and lay persons alike — who should contact other members of the subcommittee and committee to convey their support. This is a bill that does not have any headline grabbing elements and, unlike Chairman Johnson, members may not see the value in supporting its passage. For that reason, civil libertarians and citizens need to rally behind Chairman Johnson.

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Congress Pulls D.C. Vote Bill

The Democrats have finally pulled the plug on the D.C. Vote bill — citing an amendment that would strip the city of its gun control laws. While D.C. Del. Eleanor Holmes Norton (D) previously stated (here and here) that there was an agreement to pass the amendment as the cost for the D.C. vote, House leadership decided yesterday to pull the bill.

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Faithful Discrimination: Are Non-Discrimination Policies Themselves Discriminatory?

Below is my column this morning on conflicts forming around non-discrimination laws and free exercise. Much of the attention this term in the Supreme Court has focused on the campaign finance ruling striking down limits on corporate spending. However, an equally (if not more) important case has been given little attention before its oral argument on April 19, 2010. Christian Legal Society v. Martinez is the classic “sleeper case”: a case that has a low profile but could have a sweeping impact on our society. While the immediate issue is the refusal of the Hastings College of Law in California to recognize the Christian Legal Society (CLS) as an official student organization, it is a case that could address a growing conflict between anti-discrimination laws and the free exercise of religion. The question is whether anti-discrimination laws are themselves discriminatory against some faith-based organizations. Notably (while it was cut for space), we have followed other cases around the country and the world. This includes Philadelphia evicting the Boy Scouts from a historic building after over 70 years (here).

This is not a unique problem for the United States. For example, in England, the famous Jewish Free School (founded in 1732) denied entry to a student because he was not viewed as Jewish under orthodox rules since his mother was not Jewish as opposed to his father. (His mother converted to Judaism). An appellate court ruled that the use of such religious principles violated anti-discrimination laws and that the school had to admit students that it does not consider Jewish (here).

Universities have also struggled with the line between non-discrimination and religious values. Harvard recently was criticized for setting aside time in a student gym for only women to accommodate the customs of Muslim women who could not exercise in the presence of males (here).

Here is the column:

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