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katieb0305

Liberal Supreme Court Justices Have Little Reason to Compromise - NYTimes.com - 0 views

  • A 4-4 split creates no precedent and resolves no legal issues.
  • Liberal justices would want the American people to see the effects of the unprecedented obstructionism that has kept the ninth seat vacant.
aliciathompson1

Apple backed by more online giants in FBI iPhone unlock battle - BBC News - 0 views

  • The FBI has a court order demanding Apple helps unlock an iPhone used by the gunman behind the San Bernardino terror attack, Syed Rizwan Farook.
  • Apple has appealed against the court order, arguing that it should not be forced to weaken the security of its own products.
  • Apple has argued that the move would jeopardise the trust it has with its customers and create a backdoor for government agencies to access customer data.
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  • Twitter, AirBnB, Ebay, LinkedIn and Reddit are among a group of 17 major online companies to have formally backed Apple in its court dispute with the FBI.
proudsa

Feds Want Nebraska, Oklahoma To Quit Harshing Colorado's Mellow - 0 views

  • asked the Supreme Court to stay out of a controversial lawsuit the states of Nebraska and Oklahoma filed last year challenging the constitutionality of Colorado's legalization of marijuana.
  • "original and exclusive jurisdiction of all controversies between two or more States."
  • When Nebraska and Oklahoma sued last December and asked the Supreme Court to intervene, they argued that "Colorado’s affirmative authorization of the manufacture, possession, and distribution of marijuana presents a substantial obstacle to Congress’s objectives under
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  • But Verrilli countered that the federal government retains authority to review on a "case-by-case basis" significant drug trafficking crimes.
nataliedepaulo1

A New Threat to the Kansas Budget; Court Rules School Spending Is Too Low - The New Yor... - 0 views

  • The Kansas Supreme Court ruled on Thursday that the state’s spending on public education was unconstitutionally low, compounding the budget problems that have plagued the state under Gov. Sam Brownback’s tax-slashing conservative agenda.
Javier E

John Roberts, the Umpire in Chief - The New York Times - 0 views

  • The Roberts-Scalia debate is part of a longstanding argument about how judges should interpret laws passed by Congress.
  • the chief justice embraces an approach called “purposivism,” while Justice Scalia prefers “textualism.”
  • In Judge Katzmann’s account, purposivism has been the approach favored for most of American history by conservative and liberal judges, senators, and representatives, as well as administrative agencies. Purposivism holds that judges shouldn’t confine themselves to the words of a law but should try to discern Congress’s broader purposes.
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  • In the 1980s, when he was a lower court judge, Justice Scalia began to champion a competing view of statutory interpretation, textualism, which holds that judges should confine themselves to interpreting the words that Congress chose without trying to discern Congress’s broader purposes.
  • Textualism, in this view, promises to constrain judicial activism by preventing judges from roving through legislative history in search of evidence that supports their own policy preferences. But in the view of its critics, like Chief Judge Katzmann, textualism “increases the probability that a judge will construe a law in a manner that the legislators did not intend.”
  • Judge Katzmann, who was appointed by President Bill Clinton, also accuses Justice Scalia of inconsistency for consulting the intent of the framers in the case of constitutional interpretation but not statutory interpretation.
  • The chief justice’s embrace of bipartisan judicial restraint in the second Affordable Care Act case was consistent with his embrace of the same philosophy in the first Affordable Care Act case in 2012, where he quoted one of his heroes, Justice Oliver Wendell Holmes Jr: “The rule is settled that as between two possible interpretations of a statute, by one of which it would be unconstitutional and by the other valid, our plain duty is to adopt that which will save the Act.”
  • Chief Justice Roberts was not, as Justice Scalia charged, rewriting the law. Instead he was advancing the view that he championed soon after his confirmation: In a polarized age, it is important for the Supreme Court to maintain its institutional legitimacy by deferring to the political branches.
  • Chief Justice Roberts’s relatively consistent embrace of judicial deference to democratic decisions supports his statement during his confirmation hearings that judges should be like umpires calling “balls and strikes.” As he put it then: “Umpires don’t make the rules, they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ballgame to see the umpire.”
Javier E

A Christian Nation? Since When? - NYTimes.com - 0 views

  • For all our talk about separation of church and state, religious language has been written into our political culture in countless ways. It is inscribed in our pledge of patriotism, marked on our money, carved into the walls of our courts and our Capitol. Perhaps because it is everywhere, we assume it has been from the beginning.
  • the founding fathers didn’t create the ceremonies and slogans that come to mind when we consider whether this is a Christian nation. Our grandfathers did.
  • Back in the 1930s, business leaders found themselves on the defensive. Their public prestige had plummeted with the Great Crash; their private businesses were under attack by Franklin D. Roosevelt’s New Deal from above and labor from below. To regain the upper hand, corporate leaders fought back on all fronts. They waged a figurative war in statehouses and, occasionally, a literal one in the streets; their campaigns extended from courts of law to the court of public opinion.
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  • But nothing worked particularly well until they began an inspired public relations offensive that cast capitalism as the handmaiden of Christianity.The two had been described as soul mates before, but in this campaign they were wedded in pointed opposition to the “creeping socialism” of the New Deal
  • Accordingly, throughout the 1930s and ’40s, corporate leaders marketed a new ideology that combined elements of Christianity with an anti-federal libertarianism.
  • Powerful business lobbies like the United States Chamber of Commerce and the National Association of Manufacturers led the way, promoting this ideology’s appeal in conferences and P.R. campaigns. Generous funding came from prominent businessmen
  • In a shrewd decision, these executives made clergymen their spokesmen.
  • businessmen worked to recruit clergy through private meetings and public appeals. Many answered the call
  • The most important clergyman for Christian libertarianism, though, was the Rev. Billy Graham.
  • In his initial ministry, in the early 1950s, Mr. Graham supported corporate interests so zealously that a London paper called him “the Big Business evangelist.” The Garden of Eden, he informed revival attendees, was a paradise with “no union dues, no labor leaders, no snakes, no disease.” In the same spirit, he denounced all “government restrictions” in economic affairs, which he invariably attacked as “socialism.”
  • Dwight D. Eisenhower fulfilled that prediction. With Mr. Graham offering Scripture for Ike’s speeches, the Republican nominee campaigned in what he called a “great crusade for freedom.
  • Elected in a landslide, Eisenhower told Mr. Graham that he had a mandate for a “spiritual renewal.”
  • Although Eisenhower relied on Christian libertarian groups in the campaign, he parted ways with their agenda once elected. The movement’s corporate sponsors had seen religious rhetoric as a way to dismantle the New Deal state.
  • But the newly elected president thought that a fool’s errand. “Should any political party attempt to abolish Social Security, unemployment insurance, and eliminate labor laws and farm programs,” he noted privately, “you would not hear of that party again in our political history.”
  • Unlike those who held public spirituality as a means to an end, Eisenhower embraced it as an end unto itself.
  • Uncoupling the language of “freedom under God” from its Christian libertarian roots, Eisenhower erected a bigger revival tent, welcoming Jews and Catholics alongside Protestants, and Democrats as well as Republicans. Rallying the country, he advanced a revolutionary array of new religious ceremonies and slogans.
  • The rest of Washington consecrated itself, too. The Pentagon, State Department and other executive agencies quickly instituted prayer services of their own. In 1954, Congress added “under God” to the previously secular Pledge of Allegiance. It placed a similar slogan, “In God We Trust,” on postage that year and voted the following year to add it to paper money; in 1956, it became the nation’s official motto.
  • During these years, Americans were told, time and time again, not just that the country should be a Christian nation, but that it always had been one. They soon came to think of the United States as “one nation under God.” They’ve believed it ever since.
clairemann

How a Global Ecocide Law Could Hold Polluters to Account | Time - 0 views

  • When a Nigerian judge ruled in 2005 that Shell’s practice of gas flaring in the Niger Delta was a violation of citizens’ constitutional rights to life and dignity, Nnimmo Bassey, a local environmental activist, was thrilled.
  • “For the first time, a court of competence has boldly declared that Shell, Chevron and the other oil corporations have been engaged in illegal activities here for decades,” Bassey said on Nov. 14, 2005, the day the Federal High Court of Nigeria announced the ruling. “We expect this judgement to be respected and that for once the oil corporations will accept the truth and bring their sinful flaring activities to a halt.”
  • “Shell could ignore [the case] because it wasn’t in the international media but if it had gone to the ICC, it would have gotten global attention and shareholders would have known what the company was doing,” he says. “If we had had an ecocide law, things would have turned out differently.”
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  • Yet the judgement was not respected. A United Nations report published six years later found that Shell had not followed its own procedures regarding the maintenance of oilfield infrastructure. Today, Shell is still gas flaring in the Niger Delta.
  • The word “ecocide” is an umbrella term for all forms of environmental destruction from deforestation to greenhouse gas emissions.
  • Although there are questions about whether the ICC as an institution has the teeth to prosecute any crimes, Bassey and other activists believe the law will act as a powerful deterrent against future forms of environmental destruction. “We will not get different outcomes in cases of exploitation and marginalization unless we reimagine the laws that govern us,” Bassey says.
  • In December 2020, lawyers from around the world gathered to begin drafting a legal definition of ecocide.
  • The term ecocide first rose to the public consciousness in 1972, when Olof Palme, the premier of Sweden, used the term at a United Nations environmental conference in Stockholm to describe the environmental damage caused by the Vietnam War. At the conference, an ecocide convention was proposed but never came to pass.
  • “My recollection is that there was just no political support for it,” says Philippe Sands, who was involved in drafting the preamble of the Rome Statute in 1998 (and who would go on to co-chair the expert panel formed in 2020 to draft a legal definition of ecocide). Environmental destruction, Sands says, was not on the public’s consciousness.
  • Environmental advocates believe an ecocide law at the ICC would be groundbreaking. While some countries have national laws on environmental harm, there is no international criminal law that explicitly imposes penalties on individuals responsible for environmental destruction. If adopted, experts say there are three main areas where an ecocide law would make a difference.
  • The first is the symbolic impact of having the ICC elevate environmental destruction to the same level as genocidal crimes
  • The second area where this law could make a difference is by setting a legal precedent, creating a bandwagon effect where international law could prompt changes in national criminal laws, as countries look to signal their environmental commitment to others.
  • The third way an ecocide law could be useful is by prosecuting environmental crimes that fall outside of national jurisdictions.
clairemann

Who gets Cherokee citizenship has long been a struggle between the tribe and the US gov... - 1 views

  • A recent decision by the Cherokee Nation’s Supreme Court struck down a law that freedmen – descendants of people enslaved by Cherokees in the 18th and 19th centuries – cannot hold elective tribal office.
  • This decision means that the 8,500 tribal descendants of Cherokee freedmen can run for tribal office. Freedmen currently have access to voting and other benefits of citizenship that were not a part of this particular decision.
  • The Cherokee Nation has wrestled with the tribal citizenship status of freedmen since U.S. officials forced Cherokees to adopt freedmen into the tribe in 1866.
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  • Historically, U.S. officials, often encouraged by public opinion, have wanted Cherokees to adopt U.S. legal and cultural practices. When not attempting to terminate the tribe, U.S. officials have sided with freedmen whenever tribal citizenship disputes reach U.S. courts. U.S. politicians have also repeatedly threatened to withhold federal money should the Cherokee Nation not grant freedmen citizenship.
  • Colonists, later U.S. citizens, wanted to acquire Cherokee land and to make Cherokees more like whites in terms of their religious, government and economic practices. That meant that Cherokees would have to abandon their practice of holding land communally, which made land difficult for U.S. settlers to acquire because they could not deal with individuals.
  • After the war, the U.S. forced the Cherokee Nation to sign the Treaty of 1866. The tribe’s 1839 Constitution, affirming previous laws, had stated that Cherokee citizens must be descended from Cherokees, not their Black slaves. But in this peace treaty, Cherokees agreed to make their former slaves full tribal citizens.
lucieperloff

Supreme Court Won't Hear Challenge To Men-Only Draft Registration : NPR - 0 views

  • The U.S. Supreme Court refused Monday to consider a challenge to the men-only military draft.
  • women were not eligible for combat roles, a situation that has dramatically changed in modern times.
  • recommending that draft registration include both men and women between the ages of 18 and 26.
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  • a broader registration requirement will be "incorporated into the next national defense bill."
  • The organization argued that a men-only draft was outdated and unconstitutional.
  • "The sex discrimination inherent in the Military Selective Service Act is a vestige of a bygone era,"
tongoscar

What's at Stake for Women's Rights in 2020? by Françoise Girard - Project Syn... - 0 views

  • EW YORK – From US Republicans’ effort to get the Supreme Court to overturn Roe v. Wade, the 1973 ruling that established a woman’s right to an abortion, to Poland’s increased restrictions on access to emergency contraception, to Brazil’s clampdown on sexual health education, this is a difficult time for women. But if the global feminist movement has proved anything over the years, it is that it can overcome powerful resistance to defend the rights of marginalized groups. In 2020, it will do so again.
  • According to “strongman” leaders like Brazil’s Jair Bolsonaro, Hungary’s Viktor Orbán, and India’s Narendra Modi, women are born to be wives and mothers; immigrants and racial, religious, and ethnic minorities are dangerous and inferior; and LGBTQI+ persons deserve ostracism, detention, or even death. These leaders have emboldened people who share their views to engage in discrimination and violent attacks against racial or other minorities, migrants, women, and other marginalized groups.
  • Achieving social change to protect marginalized groups is never an easy process. There are no quick victories over weak opposition. But, as feminists have proved time and again, with sustained commitment, changes that once seemed impossible can later seem inevitable.
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  • Yet, as president of the International Women’s Health Coalition and a longtime women’s rights advocate, I have seen firsthand what the feminist movement can do. Consider Argentine feminists’ fight against highly restrictive abortion laws.
  • In the last year alone, there have been numerous examples of such changes. The Mexican state of Oaxaca and the Australian state of New South Wales decriminalized abortion, as did Northern Ireland, while others liberalized their laws, expanding the circumstances in which women can access safe, legal abortion services. In April, South Korea’s Supreme Court struck down the country’s abortion law as unconstitutional, setting the stage for decriminalization this year.
  • Particularly inspiring are the young female and non-binary activists who are leading movements for transformative change. For example, Emma González is demanding gun reform in the US; Bertha Zúñiga is defending the land rights of Honduras’ indigenous people; and Jamie Margolin and Greta Thunberg have emerged as leading climate activists.
  • Feminist activists will continue this work at the Beijing+25 Generation Equality Forum, convened by Mexico and France, in Mexico City in May and Paris in July. There, they will call for bold new commitments to address crosscutting challenges like climate change and the refugee crisis.
  • This broader perspective is vital. In fact, feminists must strengthen their alliances with other progressive movements, especially those fighting for environmental sustainability, racial justice, and LGBTQI+ rights. Only by mobilizing together and supporting one another’s agendas can we overcome white supremacist, heteronormative, patriarchal, and exploitative forces to build a more just, equitable, and sustainable world.
tongoscar

Noah Berlatsky : Trump voters motivated by racism may be violating the Constitution. Ca... - 0 views

  • If the Trump era has taught us anything, it's that large numbers of white people in the United States are motivated at least in part by racism in the voting booth.
  • Some politicians deny the evidence, no doubt because they don't want to alienate white voters, including prejudiced ones.
  • The government, Smith says, has the ability, and the responsibility, to address it.
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  • This sounds radical. But Smith argues that it's in line with the Constitution and with years of court rulings. For example, Smith points out that racist appeals in union elections are illegal and that an election in which one side uses racist appeals can be invalidated by the National Labor Relations Board. Similarly, in the 2016 case Peña v. Rodriguez, the Supreme Court ruled that when a juror expresses overt bigotry, the jury's verdict should be invalidated.
  • So how can you tell when voters are acting out of prejudice? Again, Smith says, employment discrimination law provides a useful analogy. In discrimination cases, courts look for pretexts.
  • Even more ambitiously, Smith suggests expanding the Voting Rights Act to address the racist patterns of voting in Senate elections in the South.
  • It's difficult to address injustice, however, if you're unwilling to say injustice exists. Politicians and pundits, Republican and Democratic alike, have been unwilling to reprimand voters or hold them accountable.
katherineharron

Supreme Court justices meet privately amid coronavirus outbreak - CNNPolitics - 0 views

  • The Supreme Court justices met privately on Friday to discuss pending cases and presumably how they will handle the rest of a blockbuster term as the nation and the world self-quarantine in the midst of a pandemic.
  • At the regularly scheduled conference a "number of justices" participated remotely by phone according to Kathy Arberg, the Court's public information officer. That's because six of them are 65 or older. Justices Ruth Bader Ginsburg and Stephen Breyer are in their 80s -- well within the government's standard for individuals at a higher risk.
  • The move to postpone is exceedingly rare, but there is precedent. In 1918, arguments were postponed in response to the Spanish flu epidemic. The calendar was shortened in 1793 and 1798 in response to yellow fever outbreaks.
Javier E

Michael Bloomberg: 6 ways to stop gun madness - 0 views

  • For more than a decade, both parties in Washington have mostly looked the other way when mass shootings occur. And they have mostly ignored the 34 victims who are murdered with guns every single day.
  • prohibit the manufacture and sale of the military-style assault weapons and high-capacity ammunition clips that have been used in too many mass shootings, including in Newtown. The previous ban on assault weapons expired in 2004. While President George W. Bush supported reinstating it, Congress never acted. The time has plainly come.
  • fix the broken background check system. Currently, nearly half of all gun sales in the U.S. are conducted without a background check. Criminals, the mentally ill, minors and domestic abusers are all prohibited from purchasing guns, but they all can do so as easily as attending a gun show or going online.
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  • fill the vacancy at the top of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which has been without a director for six years.
  • make gun trafficking a felony. Gun rights advocates agree that penalties for illegal use and possession of guns should be stiffened -- and so should penalties on those who are engaged in gun trafficking.
  • requires the federal government to compel states to submit all necessary records on felons, domestic abusers, the seriously mentally ill and others to the background check system.
  • step up its prosecution of gun criminals who try to buy guns. In 2009, 71,000 people who had been convicted of gun crimes tried to buy guns by lying on their background checks. Yet the federal government prosecuted only 77 of those cases.
  • crack down on rogue gun dealers.
  • . If President Obama and Congress fail to lead, 48,000 Americans will be killed with guns over the next four years.
Dunia Tonob

Circumcision in Germany: Incisive arguments | The Economist - 0 views

  • The court decided that, although the doctor was innocent, circumcising an infant for non-medical reasons violates Germany's constitutional protection of every person's bodily integrity—and should thus be a crime.
  • As it happens, the movement against circumcision is spreading, from California, where “intactivists” have tried to ban it, to Israel, where some parents now opt for brit shalom (the “covenant of peace”) as a ritual alternative
  • Dieter Graumann, president of Germany's Central Council of Jews, asserted that the verdict, if it is upheld, would make Jewish life in Germany, just as it is blooming again, practically impossible
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  • ne one hand, Germany's constitution, written after the second world war to prevent any repeat of Nazi horrors, assures the rights of parents and of religious freedom. But on the other hand, it guarantees the physical inviolability of every person
  • The court felt that the boy's right to inviolability trumped the religious and parental rights of his mother and father.
  • it is wrong to make an exception for involuntary male circumcision when female circumcision is seen as barbaric. And he maintains that arguments which lean on tradition alone are inadequate, for the same reason that tradition cannot, nowadays, justify polygamy or footbinding.
Megan Flanagan

'Affluenza' teen's mom, Tonya Couch, has bond lowered - CNN.com - 0 views

  • has posted bail after her bond was lowered from $1 million to $75,000.
  • after she's fitted with an electronic ankle monitor
  • Tonya Couch of helping her son leave the country to avoid a probation hearing that might have led to jail time for him
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  • after a Los Angeles judge approved her extradition more than a week after Mexican authorities detained mother and son in a Pacific resort town
  • undergo a mental exam after the court found "reasonable cause" to believe that she suffers from "a mental illness or is a person with a mental retardation,"
  • mental examination will determine whether there is clinical evidence to support the argument that Tonya Couch may be incompetent to stand trial.
  • withdrew $30,000 from her account and told her husband that he would not see them again,
  • on probation for killing four people in a drunken driving accident in 2013, when he was 16.
  • lawyers cited the now notorious "affluenza" defense, suggesting he was too rich and spoiled to understand the consequences of his actions.
  • Mexican judge granted the teen a temporary stay, halting deportation proceedings.
  • Mothers Against Drunk Driving started a petition
  • ask for Ethan Couch to be moved from the juvenile justice system to the adult criminal system
Megan Flanagan

Steven Avery of 'Making a Murderer' files appeal - CNN.com - 0 views

  • wants to be released from prison while the Wisconsin Court of Appeals considers his latest challenge to his 2007 murder conviction
  • alleging violations of due process rights in his prosecution for the 2005 rape and murder
  • declined because the President cannot pardon someone convicted of a state criminal offense
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  • 18 years in prison he was exonerated based on DNA evidence connecting the attack to another man.
  • Tissue and bone fragments that matched Halbach's DNA profile were found outside Avery's mobile home
  • Brendan Dassey, confessed to authorities that he had assisted his uncle in raping and killing her
  • second motion claims a juror pressured others into voting guilty.
  • allowing him to continue to file pleadings with the court on his own - that's what lawyers are hired to do,
maxpickles

A look at what comes next in Trump travel ban case - 0 views

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    SEATTLE (AP) - A federal appeals court has handed a resounding victory to Washington state and Minnesota in their challenge of President Donald Trump's travel ban, finding unanimously that a lower court ruling suspending the ban's enforcement should stay in place while the case continues.
sissij

Sleeping Wipes Out Certain Memories - And That's a Good Thing, Reveal Studies | Big Think - 0 views

  • But what is its evolutionary purpose – what kind of changes do our brains undergo when we sleep?
  • suggest our brains undergo a pruning cycle while we rest.
  • Its important to note these studies are still in their early stages. The tests were done on mice.
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  • letting us forget the less relevant information while strengthening memories that may be important.
  • However, modern humans don't abide by a natural sleep cycle anymore – we look at our phones before bed and expose ourselves to things that cause our brains to think sleep is not on the menu.
  • they might not require a chemical crutch to get some rest.
  •  
    This article shows that how unreliable our memory is. Every night when we go to sleep, our memory is edited and our brain would delete some irrelevant things. So our memory is not a primary source and I think the words of witnesses on the court can only be a reference, not a direct evidence. Also, in this article, the author states the uncertainties and limits of the experiment, showing that the result of the experiment in this stage can only serves as a suggestion, not a direct evidence. --Sissi (2/7/2017)
Javier E

Missing Links: Access to Papers' Raw Data Plummets by 17% Each Year - Megan Garber - Th... - 0 views

  • While data for almost all of the studies published as recently as 2011 were still accessible, the chances of them remaining accessible fell by a whopping 17 percent each year. Each year. For research from the not-that-distant early 1990s, data availability dropped to as little as 20 percent.
  • A recent study of Supreme Court decisions—the rhetorical documents of the highest judicial body in the land—found that 49 percent of the web links cited within those decisions are now dead.
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