SCOTUS takes on Arizona’s SB 1070
More and more states are enacting immigration bills, making SCOTUS’s decision even more important and timely
Dec 23
Conversations with the Courts: Is Newt Gringrich Right?…(but for the Wrong Reasons)
This post considers the value of encouraging greater dialogue between the Courts system and the other two branches of government.
11th Circuit Decision is a Landmark for LGBT Workplace Rights — And Shows That Equal Protection Sex Discrimination Doctrine is Still Alive and Well
The Eleventh Circuit’s opinion in Glenn v. Brumby affirms that sex discrimination equal protection jurisprudence is still relevant – and still evolving – and that the Equal Protection Clause is an important protection for LGBT rights.
Strange Developments in Manning Trial
The trial of Bradley Manning continues after taking a few sensational turns last week. We discussed on this blog a few months ago how Manning’s charges for allegedly leaking classified information to Wikileaks could amount to capital punishment, so the stakes could not be higher.
Court finally says ‘boy’ comments are racist
The Eleventh Circuit Court of Appeals finally recognized that a supervisor’s use of the word ‘boy’ to refer to black employees is sufficient evidence of racism. It was the third time the court ruled on the case since a reprimand from the Supreme Court for finding that ‘boy’ was not evidence of discrimination. Last week’s ruling overturned a three-judge panel’s 2010 decision rejecting the evidence as insufficient, even under the Court’s guidance: “Although . . . The disputed word will not always be evidence of racial animus, it does not follow that the word, standing alone, is always benign.” The Court said the meaning may depend on “context, inflection, tone of voice, local custom, and historical usage.”
Dec 20
In Defense of Clarence Thomas
Clarence Thomas joined the Supreme Court in October, 1991. On February 22, 2006, Thomas posed a question during oral argument–and has stayed silent ever since. His silence has been the subject of much commentary and speculation, and perhaps, inevitably, ridicule and accusations of un-intellectualism. This disparaging category of charges is unfair, and deserves some scrutiny.
Congress and Obama compromise on executive power, ignore civil liberties
President Obama just signed into law a defense authorization bill that purports to expand his authority to indefinitely detain persons suspected of terrorism. The President initially threatened to veto the bill over objections to provisions that required military custody of detainees.
Why is Congress suddenly asserting a stronger role in making decisions about fighting war and trying criminals? Republicans feign concerns that Obama’s policies are making the country less safe. But given the recent string of assassinations of top al Qaeda leaders, there is little reason to doubt Obama’s effectiveness in fighting terrorism. Obama seemed more concerned with preserving executive flexibility than civil liberties. Critics denounced Obama for ignoring civil liberties, but the bill doesn’t seem to change the status quo on detention.
Dec 16
Putting The US LGBT Domestic Agenda in Perspective: The First UN Report on LGBT Rights
This post notes the release of the first ever UN Report on LGBT Rights and discusses its importance for the US domestic gay rights agenda
Republicans Still Hoping to Gut Financial Reform
With the country still mired in a recession caused by the reckless decisions of big banks, Republicans continue to fight tooth and nail against stronger government oversight of the financial industry. Last week, Senate Republicans rejected the nomination of former Ohio Attorney General Richard Cordray to head the new Consumer Finance Protection Bureau. Republicans did not feign doubts about Mr. Cordray’s qualifications. Instead, they pledged to reject any nominee to head the new agency until the structure of the agency itself is changed. Senate Republicans are apparently unhappy with the manner in which the previous Congress responded to public outrage about the financial crisis and the lax government oversight that enabled it, so they are using the Senate’s arcane rules to thwart the democratic process.
Dec 14
LGBT Rights: American Advocacy at the United Nations
This post briefly discusses aspects of Secretary of State, Hilary Clinton’s speech on LGBT Rights at the United Nations this week.
