Beware Foreskin Man
Posted 334 days ago by Smita Ghosh
Some news outlets are starting to see San Francisco’s proposed circumcision ban as a referendum on religious freedom.
Posts by Smita Ghosh
Jun 22
4 Comments
Chris Christie Lambasts the State’s Judiciary
Posted 389 days ago by Smita Ghosh
New Jersey Governor Chris Christie’s recent remarks about the NJ Supreme Court herald a development that the Philadelphia Inquirer cleverly titled “Christie v. Court,” and threaten, for some, an abuse of Gubernatorial power.
Apr 15
States push through DNA legislation
Posted 402 days ago by Smita Ghosh
New Mexico and Connecticut aren’t known for having much in common. But last week, legislators in both states took steps towards expanding statewide DNA testing regimes to arrested individuals.
Apr 8
International Companies Limit Access to Death Penalty Drug
Posted 409 days ago by Smita Ghosh
A shortage of a lethal chemical, sodium thiopental, may throw the American death penalty system "into turmoil."
On whose dime?
Posted 418 days ago by Smita Ghosh
Legislators in South Dakota can’t stop doing what they seem to do best, but can they pay for it? Despite ongoing legislation over a previous attempt to curtail aborition rights, legislators in the state have successfully enacted a three day waiting requirement for abortions, and have secured the “private funds” to pay for the inevitable legal challenge. On March 22, Governor Dennis Daugaard signed a state bill that requireswomen to wait 72 hours between contacting an abortion provider and having an abortion. It also requires them to certify that they have received counseling with a “crisis pregnancy center” before receiving the procedure.
Legislators see this unprecedented waiting period requirement to reduce access to abortions, resting, as Steven Cobert noted, on the theory that abortions are a “classic impulse buy.”
But in this case, it seems like the state is the one making an impulse buy. As Governor Daugaard considered the bill, various “private donors” have pledged to support the provision when it is challenged in federal court. The challenge–likely a constitutional argument that the restriction places an “undue burden” on women seeking abortions–is almost inevitable. Planned Parenthood and the ACLU already plan to challenge the bill.
Guaranteed defense funding, particularly given state-level budget woes, may change the nature of legislative action. While most legislators consider the legality of a statute before enacting it, seeking, if nothing else, to avoid expensive litigation, legislators that can rely on private donations have more constitutional leeway. Private funding might create a breeding ground for legislative experimentation, at least around issues that attract big donors.
And of course, private funds won’t cover the entire thing: the $19,335.04 in the ”Life Protection Subfund” doesn’t come close to the estimated $4 million that the suit could cost. So South Dakota taxpayers, many of whom may not support the anti-abortion endeavor, could end up footing most of the bill.
Facebook Bans in Prison: A Constitutional Issue?
Posted 420 days ago by Smita Ghosh
In February, a democratic legislator in South Carolina proposed HR 3527, which would make it a misdemeanor for a prisoner to use a social media network. HR 3527 would punish violators with a $500 fine and additional 30 days of jail time. Some critics smell a First Amendment violation, while others cite safety reasons for targeting potential hurtful communications from prisoners.
Mar 17
SCOTUS ruling on sentencing policy overlooked
Posted 431 days ago by Smita Ghosh
Earlier this month, the Supreme Court held that even extremely offensive speech — political picketing at a military funeral — is protected by the Constitution. That decision, which confirmed the Court’s willingness to protect even unorthodox and belligerent behavior, may have overshadowed the Court’s equally important decision in Pepper v. United States. Pepper revealed that inoffensive, exemplary behaviors, can pull weight in the Court as well.
Government’s Oversimplified Stance in Al-Kidd
Posted 439 days ago by Smita Ghosh
In oral arguments last week, the Supreme Court heard a one-liner about the plethora of remedies available to individuals in detention. This oft-cited rationale is not as reassuring as it sounds. In Ashcroft v. Al-Kidd, the Supreme Court reviews a 9th Circuit’s decision which found that the post-9/11 practice of detaining suspected terrorists on the grounds that they could be “material witnesses” to terrorism was illegal.
Mar 4
Flordia AG thinks civil rights must be earned
Posted 444 days ago by Smita Ghosh
One can imagine, in Florida, applying for admission to UF or to get into some of the State’s other hot spots. But “applying” for one’s civil rights is harder to envision. Indeed, it’s hard to imagine the anxiety arising from an application process in which much more is at stake than your ability to “go gator.”
Pam Bondi, Florida’s newly elected Attorney General, announced in late February a plan that would require felons who have finished their sentences to “apply” for the restoration of their civil rights — including their right to vote, hold public office, apply for occupational licenses and sit on juries.
Prison Oversight Bill Dies
Posted 451 days ago by Smita Ghosh
Earlier this week, Arizona legislators and advocates mourned the failure of bi-partisan bills to hold privately run prisons in the state to the same standards that Arizona uses to regulate state run prisons. According to the Arizona Republic, Sen. Ron Gould, R-Lake Havasu City, said the five bills won’t get a hearing in his Judiciary Committee because he doesn’t believe they’re necessary.
