With all the news about Hurricane Florence and Trunp’s campaign manager flipping and taking a plea deal (I’ll get to that), this report about Trump’s nominee for Supreme Court seat vacated by Justice Anthony Kennedy has been flying under the radar. It appears the Senate Republicans may be on the verge of appointing a sexual …
Tag: Supreme Court
Sep 14 2018
Sep 06 2018
The Senate Judiciary Committee has been questioning Donald Trump’s second Supreme Court nominee, Judge Brett Kavanaugh of District of Columbia Circuit Court of Appeals, for three days. The Democrats on the committee have justifiably complained about the vast number of documents pertaining to the nominee’s opinions that have either been arbitrarily declared confidential by the …
May 22 2018
Yesterday the Supreme Court ruled that businesses can force workers to settle disputes with arbitration and virtually shuts workers out of the courtroom banning class action lawsuits. In a 5-4 decision, Justice Neil Gorsuch wrote that the Federal Arbitration Act of 1925 allows employers to require one-on-one arbitration hearings. Justice Ruth Bader Ginsburg called Gorsuch’s …
May 15 2018
Monday was a busy day for the Supremes, that is the nine justices of the US Supreme Court. The end of this session is nearing. While June will be when they reveal their really big decisions, May starts with slow drips of the final deliberations on some of the “less important” considerations, or not. Supreme …
Apr 05 2017
The 100 year old cloture rule that required 60 votes to pass bills and confirm judges and many of the president’s appointments may be in its final death throws. It came into formal existence just before World War I when several senators objected to a bill that would have armed American merchant marine vessels. Senator …
Jun 28 2016
In a 5-3 decision yesterday the United States Supreme Court affirmed the right of a woman to safe abortion. Whole Woman’s Health v. Hellerstedt (pdf) may well be the most significant ruling since Roe v Wade in 1973. Writing for a 5-3 majority, Justice Stephen Breyer said the two Texas laws at issue in the …
Mar 25 2016
The voters in Arizona’s heaviest populated district, and largest Latino population, Maricopa County faced waits as long as five hours. Why? Because of a lack of polling places. Why did they lack polling places? The Robert’s Supreme Court, when the conservative majority gutted by declaring the Voting Rights Act’s Section 5 unconstitutional. The Arizona Republic …
Jan 11 2016
The Supreme Court heard arguments today in the Friedrichs v. California Teachers Association case that may cripple the rights of public sector unions to bargain for workers. The case has the backing of the right wing group backed, the Bradley Foundation, that is backed by the billionaire Koch brothers. The group has spent millions over …
Feb 17 2015
Supreme Court Justice Ruth Bader Ginsburg, aka The Notorious RBG, sat down for an exclusive interview with MSNBC’s Irin Carmon. During the interview she spoke on numerous subjects including the dysfunctional congress, abortion, marriage equality, sexism, retirement and tattoos.
Full transcript can be read here
CARMON: So I know that you have no intention of retiring, and correct me if I’m wrong, anytime soon. But I’m wondering what you want your successor to look like?
GINSBURG: My successor will be the choice of whatever president is sitting at that time. But I’m concerned about doing the job full steam. And I’ve said many times, once I sense that I am slipping, I will step down. Because this is a very intense job. It is by far the best and the hardest job I’ve ever had. And it takes a lot of energy and staying power to do it right. So that is when I will step down, when I feel I can no longer do the job full steam.
Oct 08 2014
Today I have 2 articles for your perusal.
First up is an interview with Noam Chomsky. It covers a variety of issues and is long but well worth the read:
For decades now, Noam Chomsky has been widely regarded as the most important intellectual alive (linguist, philosopher, social and political critic) and the leading US dissident since the Vietnam War. Chomsky has published over 100 books and thousands of articles and essays, and is the recipient of dozens of honorary doctorate degrees by some of the world’s greatest academic institutions. His latest book, Masters of Mankind: Essays and Lectures, 1969-2013, has just been published by Haymarket Books. On the occasion of the release of his last book, Chomsky gave an exclusive and wide-ranging interview to C.J. Polychroniou for Truthout, parts of which will also appear in The Sunday Eleftherotypia, a major national Greek newspaper.
Aug 01 2014
In a joint statement, the ACLU and Human Rights Watch released a 120 page report documenting how mass surveillance by the US is undermining constitutional rights to freedom of the press and legal council
The 120-page report, “With Liberty to Monitor All: How Large-Scale US Surveillance is Harming Journalism, Law, and American Democracy,” is based on extensive interviews with dozens of journalists, lawyers, and senior US government officials. It documents how national security journalists and lawyers are adopting elaborate steps or otherwise modifying their practices to keep communications, sources, and other confidential information secure in light of revelations of unprecedented US government surveillance of electronic communications and transactions. The report finds that government surveillance and secrecy are undermining press freedom, the public’s right to information, and the right to counsel, all human rights essential to a healthy democracy.
Amy Goodman and Aaron Mate sat down with Alex Sinha, Aryeh Neier fellow at Human Rights Watch and the American Civil Liberties Union, and Jeremy Scahill, staff reporter with The Intercept to discuss the threat to Americans’ liberties.
In a new report, Human Rights Watch and the American Civil Liberties Union warn that “large-scale surveillance is seriously hampering U.S.-based journalists and lawyers in their work.” The report is based on interviews with dozens of reporters and lawyers. They describe a media climate where journalists take cumbersome security steps that slows down their reporting. Sources are afraid of talking, as aggressive prosecutions scare government officials into staying silent, even about issues that are unclassified. For lawyers, the threat of surveillance is stoking fears they will be unable to protect a client’s right to privacy. Some defendants are afraid of speaking openly to their own counsel, undermining a lawyer’s ability provide the best possible defense.
Transcript can be read here
Journalism under fire: America’s freedom of the press is in danger
By Heather Digby Parton, Salon
If there’s one thing that civil libertarians across the American political spectrum tend to agree upon, it’s that the Bill of Rights is a guiding document. It doesn’t say everything but it says a lot. The various political factions do sometimes differ in their emphasis and interpretation, with the right’s civil libertarians often tending to focus more closely on the 1st Amendment’s establishment clause and the 2nd Amendment while the left-leaning civil libertarians take a harder line on freedom of speech and the 4th amendment. This is of course a sweeping generalization which can be disproved in dozens of individual cases, but for the sake of argument, it can probably be stipulated that those who concern themselves with the civil liberties enshrined in the Constitution all agree on the Bill of Rights’ importance to our constitutional order. And they tend to agree across the board, with equal fervor, on the necessity of a free press to a functioning democracy. [..]
Considering the reaction of many people in the government toward reporters involved in the NSA revelation, it’s clear they have reason to be paranoid. There are government officials awho consider them to be spies and have said they should be punished as such. Even fellow journalists have brought up the question of “aiding and abetting” as if it’s a legitimate line of inquiry.
The atmosphere of mistrust is also rampant within the government, as with the administration having cracked down on contacts between the intelligence community and issuing threats of legal action even before the Snowden revelations. The institutionalized, government-wide initiative called the Insider Threat Program could have any federal employee looking over his shoulder and worrying that his innocent behavior might be construed as suspicious. [..]
And it’s not just national security agencies that are subject to this program. They are in effect in departments as disparate as the Department of Education and the Peace Corps.
Top Journalists and Lawyers: NSA Surveillance Threatens Press Freedom and Right to Counsel
By Dan Froomkin, The Intercept
Not even the strongest versions of NSA reform being considered in Congress come anywhere close to addressing the chilling effects on basic freedoms that the new survey describes.
“If the US fails to address these concerns promptly and effectively,” report author G. Alex Sinha writes, “it could do serious, long-term damage to the fabric of democracy in the country.”
Even before the Snowden revelations, reporters trying to cover important defense, intelligence and counter-terrorism issues were reeling from the effects of unprecedented secrecy and attacks on whistleblowers.
But newfound awareness of the numerous ways the government can follow electronic trails – previously considered the stuff of paranoid fantasy – has led sources to grow considerably more fearful.
Jul 31 2014
Senator Patrick Leahy (D-NH) introduced the version of the USA Freedom Act on Tuesday.
Leahy’s bill, like the House’s, would still provide the NSA with access to enormous amounts of American phone data. Though it would require a judge to issue an order to telecos for “call detail records” based on a “reasonable, articulable suspicion” of association with terrorism or a foreign power, the NSA will be able to use that single order to obtain the “call detail records” of a suspicious entity, as well as those of entities in “direct connection” with it and entities in connection with those.
While that would permit the NSA to yield thousands of records off of a single court order, on a daily basis for six months, the NSA and the bill’s architects contend that it bans “bulk collection.”
Leahy’s bill would go further than the House version in narrowing the critical definition of “specific selection term,” a foundational aspect of the bill defining what the government can collect. The House definition is a “term specifically identifying a person, entity, account, address, or device,” which privacy groups have lambasted as unreasonably broad.
Seeking to plug that loophole, Leahy would prevent the NSA or the FBI from accessing a service provider’s entire clientele or a wholesale “city, state, zip code, or area code.”
Although the Leahy bill has the support of several civil libertarian groups and major tech firms like Facebook and Google, it does not revive some privacy proposals that those organizations considered crucial but the intelligence agencies and their advocates in Congress stripped from the House measure.
There are still some really big loopholes, as noted by emptywheel’s Marcy Wheeler:
Leahy’s bill retains the language from USA Freedumber on contact chaining, which reads,
(iii) provide that the Government may require the prompt production of call detail records-
(I) using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii) as the basis for production; and
(II) using call detail records with a direct connection to such specific selection term as the basis for production of a second set of call detail records;
Now, I have no idea what this language means, and no one I’ve talked to outside of the intelligence committees does either. It might just mean they will do the same contact chaining they do now, but if it does, why adopt this obscure language? It may just mean they will correlate identities, and do contact chaining off all the burner phones their algorithms say are the same people, but nothing more, but if so, isn’t there clearer language to indicate that (and limit it to that)? [..]
I remain concerned, too, that such obscure language would permit the contact chaining on phone books and calendars, both things we know NSA obtains overseas, both things NSA might have access to through their newly immunized telecom partners.
In addition, Leahy’s bill keeps USA Freedumber’s retention language tied to Foreign Intelligence purpose, allowing the NSA to keep all records that might have a foreign intelligence purpose.
That’s just for starters. She is also concerned about the vague language will still be used to allow bulk collection. She doesn’t think it’s strong enough
The question is whether this “agency protocol” – what Chief Justice John Roberts said was not enough to protect Americans’ privacy – is sufficient to protect Americans’ privacy.
I don’t think it is.
First, it doesn’t specify how long the NSA and FBI and CIA can keep and sort through these corporate records (or what methods it can use to do so, which may themselves be very invasive).
It also permits the retention of data that gets pretty attenuated from actual targets of investigation: agents of foreign powers that might have information on subjects of investigation and people “in contact with or known to” suspected agents associated with a subject of an investigation.
Known to?!?! Hell, Barack Obama is known to all those people. Is it okay to keep his data under these procedures?
Also remember that the government has secretly redefined “threat of death or serious bodily harm” to include “threats to property,” which could be Intellectual Property.
So CIA could (at least under this law – again, we have no idea what the actual FISC orders this is based off of) keep 5 years of Western Union money transfer data until it has contact chained 3 degrees out from the subject of an investigation or any new subjects of investigation it has identified in the interim.
In other words, probably no different and potentially more lenient than what it does now.
And one more thing from Marcy: Leahy’s version still will allow the FBI uncounted use of backdoor searches:
I strongly believe this bill may expand the universe of US persons who will be thrown into the corporate store indefinitely, to be subjected to the full brunt of NSA’s analytical might.
But that’s not the part of the bill that disturbs me the most. It’s this language:
‘(3) FEDERAL BUREAU OF INVESTIGATION.-
Subparagraphs (B)(iv), (B)(v), (D)(iii), (E)(iii), and (E)(iv) of paragraph (1) of subsection (b) shall not apply to information or records held by, or queries conducted by, the Federal Bureau of Investigation.
The language refers, in part, to requirements that the government report to Congress [..]
These are back door searches on US person identifiers of Section 702 collected data – both content (iv) and metadata (v).
In other words, after having required the government to report how many back door searches of US person data it conducts, the bill then exempts the FBI.
The FBI – the one agency whose use of such data can actually result in a prosecution of the US person in question.
We already know the government has not provided all defendants caught using 702 data notice. And yet, having recognized the need to start counting how many Americans get caught in back door searches, Patrick Leahy has decided to exempt the agency that uses back door searches the most.
And if they’re not giving defendants notice (and they’re not), then this is an illegal use of Section 702.
While the Senate version may be a good enough reason for some civil libertarians, privacy groups and technology firms to back, it still falls far short of what is needed to protect Americans’ constitutional rights and privacy.