Category: Congress

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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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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