Jim Obergefell and John Arthur had been together nearly two decades when John was stricken by terminal ALS. With their union unconstitutional in Ohio, the couple turned to friends and family to fund a medical flight to Maryland, where they wed, tearfully, on the tarmac [prev.]. After John's death, however, Jim found himself embroiled in an ugly legal battle with his native state over the right to survivor status on John's death certificate -- a fight he eventually took all the way to the Supreme Court. And that's how this morning -- two years after U.S. v. Windsor, a dozen after Lawrence v. Texas, and at the crest of an unprecedented wave of social change -- the heartbreaking case of Obergefell v. Hodges has at long last rendered same-sex marriage legal nationwide in a 5-4 decision lead by Justice Anthony Kennedy. [more inside]
The Supreme Court has granted certiorari in King v. Burwell, invalidating subsidies through the federal healthcare exchanges, despite the lack of a Circuit split.
A Republican panel of the D.C. Circuit has ruled [.pdf opinion] in the case of Halbig v. Burwell that a drafting error in the Affordable Care Act provides subsidies exclusively to state-based exchanges and not to federally-facilitated ones, even while subjectively intending to provide subsidies in both cases. The ruling threatens to take away federal subsidies for insurance sold on Obamacare exchanges in 36 states.
Debo Adegbile was selected by President Obama to be assistant attorney general for the Justice Department’s Civil Rights Division. The Senate, aided and abetted by seven Democratic senators, killed his nomination. Why? Because he’s fought for civil rights.
60 Words And A War Without End: The Untold Story Of The Most Dangerous Sentence In U.S. History. "Written in the frenzied, emotional days after 9/11, the Authorization for the Use of Military Force was intended to give President Bush the ability to retaliate against whoever orchestrated the attacks. But more than 12 years later, this sentence remains the primary legal justification for nearly every covert operation around the world. Here’s how it came to be, and what it’s since come to mean." [Via]
"There's nothing more aggravating in the world than the midnight sniffling of the person you've decided to hate." ― Shannon Hale, Book of a Thousand Days
The DoJ drops all remaining investigation and prosecution of US War on Terror deaths/murders through harsh tactics/torture: "No Charges Filed on Harsh Tactics Used by the C.I.A." [NYT] Glenn Greenwald reacts and describes the cases that just got dropped. [Guardian] Second link is arguably a violence trigger, but is better and bothers to do things like talk to the ALCU.
With the U.S. Presidential election about 3 months away, and voter ID laws headed to court this Wednesday in Pennsylvania and in other states like Texas and Minnesota, Propublica tells you Everything You’ve Ever Wanted to Know About Voter ID Laws. A solution to a nonproblem. [Previously] [more inside]
In less than an hour, the Supreme Court will hand down its final judgment in what has become one of the most crucial legal battles of our time: the constitutionality of President Obama's landmark health care reform law. The product of a strict party line vote following a
year century of debate, disinformation, and tense legislative wrangling, the Affordable Care Act would (among other popular reforms) require all Americans to buy insurance coverage by 2014, broadening the risk pool for the benefit of those with pre-existing conditions.
The fate of this "individual mandate," bitterly opposed by Republicans despite its similarity to past plans touted by conservatives (including presidential contender Mitt Romney) is the central question facing the justices today. If the conservative majority takes the dramatic step of striking down the mandate, the law will be toothless, and in danger of wholesale reversal, rendering millions uninsured, dealing a crippling blow to the president's re-election hopes, and possibly endangering the federal regulatory state.
But despite the pessimism of bettors, some believe the Court will demur, wary of damaging its already-fragile reputation with another partisan 5-4 decision. But those who know don't talk, and those who talk don't know. Watch the SCOTUSblog liveblog for updates, Q&A, and analysis as the truth finally comes out shortly after 10 a.m. EST.
This morning marked day two of marathon proceedings in what's likely the most momentous and politically-charged Supreme Court case since Bush v. Gore: the effort to strike down President Obama's landmark health care reform law. While yesterday was a sleepy affair of obscure technical debate, today's hearings targeted the heart of the law -- the individual mandate that requires most Americans to purchase insurance by 2014. With lower courts delivering a split decision before today, administration lawyers held some hope that at least one conservative justice could be persuaded to uphold the provision, which amortizes the risk that makes universal coverage possible. But after a day of deeply skeptical questioning by swing justice Anthony Kennedy and his fellow conservatives [transcript - audio], the mandate looks to be in grave trouble, with CNN legal analyst Jeffrey Toobin going as far as calling the day "a train wreck" for the administration. But it's far from a done deal, with a third day of hearings tomorrow and a final decision not expected until June.
The Obama White House formally speaks out against SOPA, PIPA. The Obama White House has come out against the Stop Online Piracy Act. The move has -- unsurprisingly -- drawn responses from the MPAA, RIAA, and other interested parties.
Two days ago, U.S. President Barack Obama signed into law the NDAA (National Defense Authorization Act), "with reservations about key provisions in the law — including a controversial component that would allow the military to indefinitely detain terror suspects, including American citizens arrested in the United States, without charge". [more inside]
In a 32 page report to Congress [pdf] President Obama concludes:
...the current U.S. military operations in Libya are consistent with the War Powers Resolution and do not under that law require further congressional authorization, because U.S. military operations are distinct from the kind of “hostilities” contemplated by the Resolution’s 60 day termination provision.Now, the New York Times reports that this legal opinion was reached by rejecting the views of top lawyers at the Pentagon and the Justice Department. It is instructive to compare President Obama's actions with those of his predecessor, George W. Bush. [more inside]
Judge Rules "Don't Ask, Don't Tell" Is Unconstitutional - Judge Virginia A. Phillips of Federal District Court struck down President Clinton's Don't Ask, Don't Tell (DADT) policy in an opinion (Scribd) issued late Thursday, ruling on the constitutionality of a complaint brought by the Log Cabin Republicans (PDF). President Obama's Justice Department has until a September 23 deadline to submit objections to the court regarding Judge Phillips's permanent injunction, which is uncertain given Obama's previous support of his Department of Justice defending the legality of DADT, despite his opposition to DADT in principle.
Elena Kagan will be officially nominated to replace John Paul Stevens today, ending weeks of speculation and controversy as to who would replace the retiring Supreme Court Justice. Significant criticism has hounded Kagan throughout the nomination process, as she has never tried a case in court (much like Earl Warren). Many worry that her notable statements and writings do not provide a clear progressive record; some go so far as to claim she is Obama's Harriet Miers.
The Patriot Act was originally signed into law by Bush in 2001, following 9/11. This bill gives law enforcement agencies the power to search your email, telephone records, medical records, record your telephone conversations, without your consent. It's allowance of indefinite detention of immigrants has been a major point of criticism from opponents. Today, President Obama, who previously promised to protect our civil liberties, has quietly extended the bill for another year.
Though President Obama has signed no laws since taking office that prohibit gun purchases and ownership, that hasn't stopped permit applications and weapons sales in the United States from rising through the roof and worried state legislators from passing laws they wouldn't otherwise pass, which greatly ease access and allow carrying weapons in, among other public areas, city, state and national parks. Schools may have to get their kids prepared.
Yesterday, US President Obama signed a $680bn military policy bill, which cuts military spending, including $2bn in funding for new F-22 fighter jets. However, the bill also contained the first major piece of federal gay rights legislation, and fulfilled an Obama campaign promise: acts of violence against gay, lesbian, bisexual and transgender people have now been added to the list of federal hate crimes.
Get This Rat a Lawyer! A recent target of right wing anger has been Obama administration "czars", a term used to denote appointed presidential advisers not subject to Senate approval. Opponents of "czars" were recently emboldened by the resignation of Anthony "Van" Jones, who served from March 16 to September 5, 2009 as Special Advisor for Green Jobs, Enterprise and Innovation at the White House Council on Environmental Quality. An additional target of the hunt for Obama's czars is Cass Sunstein, a constitutional-law professor at Harvard University, who was confirmed Thursday as the director of the Office of Information and Regulatory Affairs. [more inside]
The Obama administration has repeatedly threatened to conceal future information of terrorist threats from the British government, unless the British government disobeys the High Court ruling requiring them to release information about the US government's acknowledged torture program. This may be a breach of the Convention Against Torture. Glenn Greenwald has new evidence. Previously.
The Obama Justice Department has released nine legal memos from the Bush administration that assert broad extra-Constitutional powers for the president. The memos assert that both the First and Fourth Amendments may be subordinated to the needs of wartime. [more inside]
Bringing Justice to the War on Terrorism. 3 views on how the incoming administration should deal with the legal legacy of Bush Administration policies like torture, surveillance, and extraordinary rendition. Charles Fried makes the case against criminal prosecutions, Dahlia Lithwick makes the case for investigations followed by prosecutions, and Jack Balkin argues for truth commissions. [Via]
Obama votes to grant telecom companies immunity for illegal wiretapping and "refines" his stance against Iraq to consider indefinite, undefined or vaguely defined occupation. One remarks about Obama's recent move to the right with a new campaign logo. Obama denies any change in policy.