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Showing posts with label U.S. Constitution. Show all posts
Showing posts with label U.S. Constitution. Show all posts

Monday, June 27, 2022

Confidence in U.S. Supreme Court Sinks to Historic Low

Jeffrey Jones
Gallup.com
Originally posted 23 JUN 22

Story Highlights
  • 25% of Americans have confidence in Supreme Court, down from 36% in 2021
  • Current reading is five percentage points lower than prior record low
  • Confidence is down among Democrats and independents this year
With the U.S. Supreme Court expected to overturn the 1973 Roe v. Wade decision before the end of its 2021-2022 term, Americans' confidence in the court has dropped sharply over the past year and reached a new low in Gallup's nearly 50-year trend. Twenty-five percent of U.S. adults say they have "a great deal" or "quite a lot" of confidence in the U.S. Supreme Court, down from 36% a year ago and five percentage points lower than the previous low recorded in 2014.

These results are based on a June 1-20 Gallup poll that included Gallup's annual update on confidence in U.S. institutions. The survey was completed before the end of the court's term and before it issued its major rulings for that term. Many institutions have suffered a decline in confidence this year, but the 11-point drop in confidence in the Supreme Court is roughly double what it is for most institutions that experienced a decline. Gallup will release the remainder of the confidence in institutions results in early July.

The Supreme Court is likely to issue a ruling in the Dobbs v. Jackson Women's Health Organization case before its summer recess. The decision will determine the constitutionality of a Mississippi law that would ban most abortions after 15 weeks of pregnancy. A leaked draft majority opinion in the case suggests that the high court will not only allow the Mississippi law to stand, but also overturn Roe v. Wade, the 1973 court ruling that prohibits restrictions on abortion during the first trimester of pregnancy. Americans oppose overturning Roe by a nearly 2-to-1 margin.

In September, Gallup found the Supreme Court's job approval rating at a new low and public trust in the judicial branch of the federal government down sharply. These changes occurred after the Supreme Court declined to block a Texas law banning most abortions after six weeks of pregnancy, among other controversial decisions at that time. Given these prior results, it is unclear if the drop in confidence in the Supreme Court measured in the current poll is related to the anticipated Dobbs decision or had occurred several months before the leak.

Tuesday, September 29, 2020

We Don’t Know How to Warn You Any Harder. America is Dying.

Umair Haque
eand.co
Originally poste 29 Aug 20

Right about now, something terrible is happening in America. Society is one tiny step away from the final collapse of democracy, at the hands of a true authoritarian, and his fanatics. Meanwhile, America’s silent majority is still slumbering at the depth and gravity of the threat.

I know that strikes many of you as somehow wrong. So let me challenge you for a moment. How much experience do you really have with authoritarianism? Any? If you’re a “real” American, you have precisely none.

Take it from us survivors and scholars of authoritarianism. This is exactly how it happens. The situation could not — could not — be any worse. The odds are now very much against American democracy surviving.

If you don’t believe me, ask a friend. I invite everyone who’s lived under authoritarianism to comment. Those of us how have?

We survivors of authoritarianism have a terrible, terrible foreboding, because we are experiencing something we should never do: deja vu. Our parents fled from collapsing societies to America. And here, now, in a grim and eerie repeat of history, we see the scenes of our childhoods played out all over again. Only now, in the land that we came to. We see the stories our parents recounted to us happening before our eyes, only this time, in the place they brought us to, to escape from all those horrors, abuses, and depredations.

(cut)

There is a crucial lesson there. America already has an ISIS, a Taliban, an SS waiting to be born. A group of young men willing to do violence at the drop of a hat, because they’ve been brainwashed into hating. The demagogue has blamed hated minorities and advocates of democracy and peace for those young men’s stunted life chances, and they believe him. That’s exactly what an ISIS is, what a Taliban is, what an SS is. The only thing left to do by an authoritarian is to formalize it.

But when radicalized young men are killing people they have been taught to hate by demagogues right in the open, on the streets — a society has reached the beginnings of sectarian violence, the kind familiar in the Islamic world, and is at the end of democracy’s road.

The info is here.

Wednesday, June 10, 2020

The moral courage of the military in confronting the commander in chief

Robert Bruce Adolph
Tampa Bay Times
Originally posted 9 June 20

The president recently threatened to use our active duty military to “dominate” demonstrators nationwide, who are exercising their wholly legitimate right to assemble and be heard.

The distinguished former Secretary of Defense Jim Mattis nailed it in his recent broadside published in The Atlantic that took aim at our current commander-in-chief. Mattis states, “When I joined the military, some 50 years ago … I swore an oath to support and defend the Constitution. Never did I dream that troops taking the same oath would be ordered under any circumstances to violate the constitutional rights of their fellow citizens—much less to provide a bizarre photo op for the elected commander-in-chief, with military leadership standing alongside.”

The current Secretary of Defense, Mike Esper, who now perhaps regrets being made into a photographic prop for the president, has come out publicly against using the active duty military to quell civil unrest in our cities; as has 89 high ranking former defense officials who stated that they were “alarmed” by the chief executive’s threat to use troops against our country’s citizens on U.S. soil. Former Secretary of State Colin Powell, a former U.S. Army general and Republican Party member, has also taken aim at this presidency by stating that he will vote for Joe Biden in the next election.

The info is here.

Wednesday, December 25, 2019

Convict Trump: The Constitution is more important than abortion

Paul Miller
The Christian Post
Originally posted 22 Dec 19

Christians should advocate for President Donald J. Trump’s conviction and removal from office by the Senate. While Trump has an excellent record of appointing conservative judges and advancing a prolife agenda, his criminal conduct endangers the Constitution. The Constitution is more important than the prolife cause because without the Constitution, prolife advocacy would be meaningless.

The fact that we live in a democratic republic is what enables us to turn our prolife convictions from private opinion into public advocacy. In other systems of government, the government does not care what its citizens think or believe. Only when the government is forced to take counsel from its citizens through elections, representation, and majoritarian rule do our opinions count.

Our democratic Constitution — adopted to “secure the blessings of liberty” for all Americans — is what guarantees that our voice matters. Without it, we can talk about the evils of abortion until we are blue in the face and it will never affect abortion policy one iota. The Constitution — with its guarantees of free speech, free assembly, the right to petition the government, regular elections, and the peaceful transfer of power — is the only thing that forces the government to listen to us.

Trump’s behavior is a threat to our Constitutional order. The facts behind his impeachment show that he abused a position of public trust for private gain, the definition of corruption and abuse of power. More worryingly, he refused to comply with Congress’s power to investigate his conduct, a fundamental breach of the checks and balances that is the bedrock of our Constitutional order.

The info is here.

Tuesday, August 20, 2019

What Alan Dershowitz taught me about morality

Molly Roberts
The Washington Post
Originally posted August 2, 2019

Here are two excerpts:

Dershowitz has been defending Donald Trump on television for years, casting himself as a warrior for due process. Now, Dershowitz is defending himself on TV, too, against accusations at the least that he knew about Epstein allegedly trafficking underage girls for sex with men, and at the worst that he was one of the men.

These cases have much in common, and they both bring me back to the classroom that day when no one around the table — not the girl who invoked Ernest Hemingway’s hedonism, nor the boy who invoked God’s commandments — seemed to know where our morality came from. Which was probably the point of the exercise.

(cut)

You can make a convoluted argument that investigations of the president constitute irresponsible congressional overreach, but contorting the Constitution is your choice, and the consequences to the country of your contortion are yours to own, too. Everyone deserves a defense, but lawyers in private practice choose their clients — and putting a particular focus on championing those Dershowitz calls the “most unpopular, most despised” requires grappling with what it means for victims when an abuser ends up with a cozy plea deal.

When the alleged abuser is your friend Jeffrey, whose case you could have avoided precisely because you have a personal relationship, that grappling is even more difficult. Maybe it’s still all worth it to keep the system from falling apart, because next time it might not be a billionaire financier who wanted to seed the human race with his DNA on the stand, but a poor teenager framed for a crime he didn’t commit.

Dershowitz once told the New York Times he regretted taking Epstein’s case. He told me, “I would do it again.”

The info is here.

Monday, February 18, 2019

Trump lawyers may have given false info about Cohen payments

Tal Axelrod
thehill.com
Originally posted February 15, 2019

Rep. Elijah Cummings (D-Md.), the chairman of the House Oversight and Reform Committee, said Friday the panel believes two attorneys for President Trump may have given false information to government ethics officials.

Cummings said the panel has reviewed newly uncovered documents from the Office of Government Ethics (OGE) suggesting Trump's personal lawyer Sheri Dillon and former White House lawyer Stefan Passantino gave false info about hush-money payments to adult-film actress Stormy Daniels and former Playboy model Karen McDougal.

“It now appears that President Trump’s other attorneys — at the White House and in private practice — may have provided false information about these payments to federal officials,” Cummings wrote in a letter to White House Counsel Pat Cipollone.

Cummings said Dillon “repeatedly stated to federal officials at OGE that President Trump never owed any money to Mr. Cohen in 2016 and 2017” and Passantino falsely told officials that Trump and his former lawyer Michael Cohen had a “retainer agreement.”

The info is here.

Saturday, October 21, 2017

Stunner On Birth Control: Trump’s Moral Exemption Is Geared To Just 2 Groups

Julie Rovner
Kaiser Health News
Originally posted October 16, 2017

Here is an excerpt:

So what’s the difference between religious beliefs and moral convictions?

“Theoretically, it would be someone who says ‘I don’t have a belief in God,’ but ‘I oppose contraception for reasons that have nothing to do with religion or God,’ ” said Mark Rienzi, a senior counsel for the Becket Fund for Religious Liberty, which represented many of the organizations that sued the Obama administration over the contraceptive mandate.

Nicholas Bagley, a law professor at the University of Michigan, said it would apply to “an organization that has strong moral convictions but does not associate itself with any particular religion.”

What kind of an organization would that be? It turns out not to be such a mystery, Rienzi and Bagley agreed.

Among the hundreds of organizations that sued over the mandate, two — the Washington, D.C.-based March for Life and the Pennsylvania-based Real Alternatives — are anti-abortion groups that do not qualify for religious exemptions. While their employees may be religious, the groups themselves are not.

The article is here.

Wednesday, February 15, 2017

Recent Trump win on China trademark raises ethics questions

Erika Kinetz
Associated Press
Originally published February 14, 2017

Here is an excerpt:

Ethics lawyers say the trademarks present conflicts of interest for Trump and may violate the emoluments clause of the U.S. Constitution, which bars public servants from accepting anything of value from foreign governments unless explicitly approved by Congress.

Countries could use Trump's desire to control his brand to extend — or withhold — favor, especially a nation such as China where the courts and bureaucracy reflect the imperatives of the ruling Communist Party.

"There can be no question that it is a terrible idea for Donald Trump to be accepting the registration of these valuable property rights from China while he's a sitting president of the United States," said Norman Eisen, who served as chief White House ethics lawyer for President Barack Obama. "It's fair to conclude that this is an effort to influence Mr. Trump that is relatively inexpensive for the Chinese, potentially very valuable to him, but it could be very costly for the United States."

The article is here.

Wednesday, June 17, 2015

Tim Cook says privacy is an issue of morality

By Chris Matyszczyk
cnet.com
Originally posted on June 3, 2015

Here is an excerpt:

Cook, though, presented the issue in deeply political terms. He said: "We believe that people have a fundamental right to privacy. The American people demand it, the constitution demands it, morality demands it."

Morality is a feast that moves as it's eaten. It's admirable that Cook would appeal to our moral core, but how much is there left? And how many can identify it?

The entire article is here.

Tuesday, April 30, 2013

U.S. Spurns California Move for Greater Say on Prisons

By Norimitsu Onishi
The New York Times
Originally published April 5, 2013

A federal judge on Friday rejected California’s motion to regain control of mental health care in its prisons, ruling that the quality of care failed to meet standards required by the Constitution. The move dealt a blow to Gov. Jerry Brown’s broader efforts to bring the prisons back under the state’s authority.

In a ruling handed down about 90 days after the state first argued that enough improvements had been made to mental health care after 18 years of outside control, Judge Lawrence K. Karlton of United States District Court in Sacramento wrote that there were “ongoing constitutional violations” and that court oversight “remains necessary to remedy those violations.”

In a statement, Deborah Hoffman, a spokeswoman for the California Department of Corrections and Rehabilitation, said that the judge had not given enough weight to experts and evidence showing that mental health care in the prisons was “a model for the nation.” She said that the state will appeal.

The entire story is here.

Thursday, May 10, 2012

Yoo Can't Be Sued for Allegedly Authorizing Torture

By Scott Graham
The Recorder
Essential California Legal Content
Originally published May 2, 2012

John Yoo is off the hook.

John Yoo
A panel of the U.S. Court of Appeals for the Ninth Circuit that included two Democratic appointees ruled Wednesday that the former Bush administration lawyer cannot be sued personally for allegedly authorizing the torture and months-long detention of an American citizen deemed an enemy combatant.
 
The court ruled that 10 years ago, when Yoo was with Justice Department's Office of Legal Counsel, it was not "beyond debate" that suspected terrorists were entitled to the same constitutional protections as ordinary accused criminals. In fact, the court held, that law remains unsettled to this day.
 
Thus, Yoo, now a professor at UC-Berkeley School of Law, enjoys qualified immunity from a suit by Jose Padilla, who alleges he was brutalized by the government while being denied access to counsel or his family for 21 months. Although the government dropped the most serious charges against him, Padilla was ultimately convicted in 2007 of conspiring to murder, kidnap and maim people overseas, and was sentenced to 17 years in prison.

The entire story is here.

Thanks to Gary Schoener for this story.