Last September, we passed the 23,000,000 mark and today we hit 24,000,000. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. We continue to rank in the top legal blogs in the world and I am particularly gladdened by the growing international readership. As always, I want to offer special thanks for our weekend contributors: Mike Appleton, Larry Rafferty, Charlton Stanley, Darren Smith, and Kimberly Dienes. The increasing traffic on the site is gratifying and reaffirms that there are many people looking for mature and civil debate. Even among the top ten sites, I believe that we offer a unique forum of different views and backgrounds in the discussion of law and politics (and a few quirky items).
Category: Media
The Washington Post has published a hard-hitting editorial that not only accuses the Obama Administration of fudging the figures on its unilateral immigration changes but calls the action “unprecedented” and “indefensible.” The stinging editorial from a generally favorable newspaper amplifies the criticism of others, including myself, that President Obama is doing considerable damage to the separation of powers and, more generally, our constitutional system in these actions.
Continue reading “Washington Post: Obama’s Unilateral Immigration Action Is “Unprecedented””
The debate in the United States continues over whether Edward Snowden is a whistleblower or a traitor. I previously wrote a column on that question. There appears to be less debate in Sweden where Snowden received standing ovations in the Swedish parliament after being given the Right Livelihood award for his disclosure of sweeping surveillance programs of the United States. The award honors Snowden “for his courage and skill in revealing the unprecedented extent of state surveillance violating basic democratic processes and constitutional rights”. This week, the new movie on Snowden also captured two more awards and critical acclaim.
Sen. Charles Schumer (D., N.Y.) made headlines yesterday with public statements that passing the Affordable Care Act (ACA) (or Obamacare) was a mistake and “blew” the opportunity of the party to pass meaningful legislation that appealed to the middle class. As the third-ranking member of the Senate Democratic leadership, the statement was a rare public rebuke of the strategy of the Obama Administration and the Democratic leadership. Schumer stated that at the time “Americans were crying out for an end to the recession, for better wages and more jobs; not for changes in their healthcare.”
Scientists and environmentalists might be a bit alarmed by a bill introduced in the House that references a scientific theory that they were entirely (and perhaps blissfully) ignorant of before last week: the “Stockman Effect.” The Stockman Effect Act mandates that the director of the National Science Foundation must commission a study on the extent to which changes in the weather can be attributed to natural shifts in the Earth’s magnetic fields. That may have led many scrambling for their textbooks and scientific journals. They would have been better off looking up the names of the sponsors. Rep. Steve Stockman (R-TX) clearly is looking for a legacy as he completes his final term in office after losing his seat in the last election. He wants a federal law that orders that a federal study of his own theory. Stockman, as you might imagine, is a sceptic of man-made climate change theories but he is an advocate of . . . well . . . Stockman science.
The Grand Jury in Missouri appears to have rendered its decision in the shooting investigation Michael Brown. It is expected to be announced shortly. Below is my column in USA Today.
By Darren Smith, Weekend Contributor
In another example of the diminishing freedom of the press in Turkey, Yurt newspaper reporter Meriç Şenyüz and Ulusal Kanal reporter Özer Sürmeli received sentences of six and five months respectively for their reporting of a December seventeenth corruption probe involving, among others, then Turkish Prime Minister Recep Tayyip Erdoğan’s son Bilal Erdoğan.
Turkey has an unfortunate history of repression of media critical of government, though in the last year an estimated forty imprisoned journalists have been released. According to BIA Media Monitoring Reports, the number of jailed journalists in Turkey fell from 104 in 2010 to 59 last year and to 19 by November 2014. However the underlying trend of jailing journalists in Turkey and many other nations of the world continues.
Continue reading “Journalists In Turkey Sentenced To Prison For Reporting Corruption In Government”
By Darren Smith, Weekend Contributor
In what could prove to be a larger issue nationally, several departments in Washington State are considering removal of wearable cameras on police officers due to what has shown to be a greatly expensive and time consuming requirement to provide public disclosure to citizens requesting recordings.
Poulsbo, Washington Police Department received a blanket request for all videos recorded by the police cameras. The blanket request for six months of data might cause the department to stop future recordings.
Washington has some of the most open public records laws in the United States but there are many exemptions from public disclosure for various reasons. Editing these recordings is required for compliance with both sides of the Public Disclosure laws and there are time requirements. Such costs could prove to be the demise of recordings that have, as this website has often mentioned, revealed both violations of civil rights and topics of praise for police officers in general.
Today, we filed our complaint United States House of Representatives v. Burwell (Case 1:14-cv-01967), in the United States District Court for the District of Columbia. The House’s complaint contains eight counts concerning constitutional and statutory violations of law related to the Patient Protection and Affordable Care Act (ACA). There are a myriad of unilateral amendments to this Act, ordered by President Obama’s Administration, which could be the subject of a challenge, and there are a number of changes that are already being litigated, including King v. Burwell, which has been accepted by the Supreme Court for review. The House’s complaint, however, focuses on the Administration’s usurpation not only of the House’s Article I legislative authority, but also of the defining “power of purse.” Both of these powers were placed exclusively in Article I by the Framers of our Constitution. These constitutional and statutory claims are highly illustrative of the current conflict between the branches over the basic principles of the separation of powers. The House’s complaint seeks to reaffirm the clear constitutional lines of separation between the branches – a doctrine that is the very foundation of our constitutional system of government. To put it simply, the complaint focuses on the means rather than ends. The complaint is posted below.
Continue reading “HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT”
There is a troubling report out of Ireland that raises many of the concerns that we have discussed earlier about the erosion of free speech in the West. Bernadette “Bernie” Smyth is one of Northern Ireland’s most prominent anti-abortion activists and the founder of Precious Life, a pro-life group. She was convicted this week of two counts of harassment that stem from her picketing of the country’s only abortion clinic. The charges were brought by the clinic’s director, Dawn Purvis, who runs the Belfast branch of Marie Stopes. However, the line drawn in the case could create a chilling effect on political and religious speech in the future.
We have previously discussed how filmmakers are releasing fake videos such as the recent profiling video out of New York — a practice that is not only dishonest but highly counterproductive for groups seeking to address such abuses. Now it appears that a moving video of a Syrian boy heroically rescuing a little girl under fire is a fake, but director Lars Klevberg, 34, is heralding his hoax as a wonderful success and is entirely unapologetic for misleading millions of people.
We have been discussing the ever-expanding copyright and trademarks claims on what seems every object and observation in modern life, including such things as pictures taken of public scenes in London and in New York. Now one of the most iconic public images is being claimed as protected: the Eiffel Tower at night. Under EU law, the tower light display constitutes an “art work” and is therefore copyrighted. Thus, you can take a picture during the day but at night the copyright lawyers come out and roam the streets to see if you are taking pictures of the lights of the city of the “City of Lights.” (To show my innate sense of legality, I took this cunning picture just before the lights came on at dusk in Paris a few years ago. Ha!)
As many on this blog are aware, I have previously testified, written, and litigated in opposition to the rise of executive power and the countervailing decline in congressional power in our tripartite system. I have also spent years encouraging Congress, under both Democratic and Republican presidents, to more actively defend its authority, including seeking judicial review in separation of powers conflicts. For that reason, it may come as little surprise this morning that I have agreed to represent the United States House of Representatives in its challenge of unilateral, unconstitutional actions taken by the Obama Administration with respect to implementation of the Affordable Care Act (ACA). It is an honor to represent the institution in this historic lawsuit and to work with the talented staff of the House General Counsel’s Office. As in the past, this posting is meant to be transparent about my representation as well as my need to be circumspect about my comments in the future on related stories. Continue reading “TURLEY AGREES TO SERVE AS LEAD COUNSEL FOR HOUSE OF REPRESENTATIVES IN CONSTITUTIONAL CHALLENGE”
It appears that friends (albeit a dwindling number) of MIT professor Jonathan Gruber may soon have to put his face on milk cartons to locate the economist. After a series of frank but embarrassing statements on the strategies behind the Administration’s passage of the Affordable Car Act (ACA), Gruber has moved from the status of “disfavored” to “disavowed” to “disappeared.” This week, Democratic minority leader Nancy Pelosi expressed a complete lack of knowledge of who Gruber is, was, or will be — even though she previously cited his work and he was paid $400,000 as one of the architects of Obamacare and has made over $2 million from HHS. Such roles are often difficult for scholars in moving between the political and academic worlds, but it is rare to find an academic become such an issue in a national debate.
Continue reading “The Purging of Professor Gruber: ACA Architect Disavowed In The Beltway”
This week we discussed another videotape of Jonathan Gruber, a Massachusetts Institute of Technology economist who played a major role the ACA, or “Obamacare,” making revealing and highly embarrassing statements about the strategy behind the passage of the Act. Gruber had already previously attracted controversy with statements where he endorsed the theory at the heart of the recent decisions in Halbig and King by challengers to the ACA: to wit, that the federal funding provision was a quid pro quo device to reward states with their own exchanges and to punish those that force the creation of federal exchanges. That issue will now be decided by the United States Supreme Court. Gruber caused uproar when, after he had denounced the theory as “nutty” during the arguments in Halbig and King, he was shown later to have embraced that same interpretation. Gruber has become a major liability in the litigation. Gruber then was back in the news with an equally startling admission that the Obama Administration (and Gruber) succeeded in passing the ACA only by engineering a “lack of transparency” on the details and relying on “the stupidity of the American voter.” Now a new videotape has surfaced from Gruber speaking at the University of Rhode Island in 2012 and expressing the same contempt for the intelligence of citizens — suggesting again that they were hoodwinked to “the lack of economic understanding of the American voter.” Gruber was paid roughly $400,000 to help design the ACA by the Obama Administration, but he is proving far far more costly in its aftermath.