Shields and Brooks on Filibuster Reform

Shields and Brooks on Filibuster Reform

Last night’s episode the PBS News Hour featured Syndicated columnist Mark Shields and New York Times columnist David Brooks who discussed Senator Majority Leader Harry Reid’s filibuster reforms, the so-called “nuclear option.”

Here is a description of the segment: 

Syndicated columnist Mark Shields and New York Times columnist David Brooks join Judy Woodruff to discuss their takes on Senate Democrats’ move to invoke the “nuclear option” and how that rule change will affect partisanship. They also look back at how President John F. Kennedy shaped public service in America.

The Friendly Face of Terrorism

The Friendly Face of Terrorism
By
David Kailer

Homeland Threats and the FBI’s Response

Today marks the fiftieth anniversary of the assassination of American President John F. Kennedy. Putting aside the persistent conspiracy theories as to who ought to be blamed for the assassination, it is generally accepted that Lee Harvey Oswald shot the President as the President’s motorcade drove through Dallas.
While the assassination is of course a noteworthy event and deserving of coverage in its own right, I wanted to use it as a springing board to discuss a “new” type of terrorism that threatens our national security interests. Director James Comey of the Federal Bureau of Investigation recently testified before the Senate Committee on Homeland Security and Governmental Affairs. Among his remarks, Director Comey discussed the threats associated with a new type of terrorist, the Homegrown Violent Extremist, or HVE.
The recent Boston Marathon Bombings in April are indicative of just how dangerous and deadly HVEs can be. And unfortunately, Director Comey indicated they are much more difficult to identify before they can pose a threat than more “traditional” terrorists. Al Qaeda and its many branches consistently advocate acts of violence against America, its western allies, and the “American” way of life, if the diversity of the American people can be so oversimplified. When the people who would do us harm have formal, or even more tenuous, relationships with Al Qaeda, our national security personnel are skilled at tracking people down and vetting them to determine whether or not they pose a threat to the United States. But HVEs might have little or no interaction with formal terrorist organizations. The Boston Bombers are believed to have learned how to make the pressure-cooker bombs they used from an online magazine sponsored by Al Qaeda. Tracking visits to sites run by Al Qaeda or advocating terrorist views is not an efficient way to track potential threats, however, as many a wary political science student has been assigned to visit these same sites as part of lessons on other cultures, the use of propaganda, or as part of policy discussions.
With such dangerous threats coming from such low-profile individuals, how should the national security community go about using its limited resources to secure American interests at home and abroad? When terrorism and improvised explosive devices are available to people of all social and financial levels, what level of law enforcement scrutiny are we okay with as a nation in the effort to keep our towns and cities safe? These questions are certainly not new questions, and we have wrestled with the answers since before 9/11 or the U.S.S. Cole. But with homegrown terrorists recently playing a larger role in contributing to the threats our nation faces than previously believed, we can no longer be content with “protecting the borders” if some of the most dangerous wolves are growing up in the hen house.

Stop-and-Frisk, Judge Scheindlin, and the First Amendment

Stop-and-Frisk, Judge Scheindlin, and the First Amendment

On the most recent edition of the Lawyer2Lawyer podcast, host J. Craig Williams discusses the Second Circuit Court of Appeals panel that not only stayed Judge Shira Scheindlin’s order in the NYPD stop-and-frisk case but also removed her from the case.  Williams spoke with University of Pennsylvania Law Professor Kermit Roosevelt about the potential First Amendment implications of the Second Circuit’s decision to remove Judge Scheindlin due to her speech that preceded her decision.  

Here is a description of the podcast: 

“It’s impossible to figure out exactly what the judge did wrong,” University of Pennsylvania Law Professor Kermit Roosevelt says, discussing Federal District Court Judge Shira Scheindlin’s removal from Floyd, et al. v. The City of New York, known as the “stop-and-frisk” case. The 2nd U.S. Circuit Court of Appeals ruled the Judge “ran afoul” of the Code of Conduct for United States Judges given her participation in media interviews and by making public statements about the “stop and frisk” case. The 2nd Circuit’s ruling did not provide further detail or examples. In this edition of Lawyer2Lawyer, your host J. Craig Williams invites Roosevelt to discuss Scheindlin’s removal, whether this action is a question of judge’s first amendment rights, and the possible outcomes of her appeal.

Roosevelt is a professor at the University of Pennsylvania Law School. Working in a diverse range of fields, he focuses in constitutional law and conflict law. Professor Roosevelt was recently a part of a New York Times Room for Debate, discussing Scheindlin’s removal and what restrictions should be placed on judges. He has also served as a law clerk to Supreme Court Associate Justice David H. Souter and D.C. Circuit Court Judge Stephen F. Williams.

 

Enforcing the ADA Through Lawsuits

Enforcing the ADA Through Lawsuits

Recently, I was reminded of a segment on This American Life about how California enforces the Americans with Disabilities Act (ADA).  In California, you can sue businesses that do not comply with the ADA requirement of minimum levels of accessibility in public places. 

Here is a description of the segment, titled “The Squeaky Wheelchair Gets the Grease”: 

In California, a kind of crybaby cottage industry has popped up around, of all things, the Americans with Disabilities Act—the federal law that requires all public places to meet a minimum level of accessibility. Some people make a living by suing business owners for not being up to code. Alex MacInnis hung out with one of them. (16 minutes)

Quick Update to the Department of Justice’s Lawsuit in Louisiana Over School Choice Program

Two weeks ago, I wrote about the pending lawsuit over Louisiana’s voucher program. As some predicted, yesterday the lawsuit was dropped. However, the Obama Administration has called for a federal review of the program. It is likely this case will fade out of the conversation, but the battle over vouchers, and school choice more generally, is not over.

Here is a news piece with more information.