Justice Scalia’s Dueling Opinions
June 30 – Today, unpacking the Superme Court's recent Heller and Miller decisions at The American Prospect, Aziz Huq notes, "Scalia's opinion in the ruling overturning D.C.'s gun ban shows the flaws of his trademark judicial thinking. Especially since he marshaled nearly the reverse logic in his dissent to the Guantanamo detainee case." Read the web exclusive here. More on the Guantanamo detainee case can be found here.Habeas Upheld
June 12 – In a huge blow to the Bush Administration, the U.S. Supreme Court ruled that Guantanamo Bay detainees do have a right to habeas corpus and may challenge their detention in court. The Center's Jonathan Hafetz filed an amicus brief in the case Boumediene v. Bush. This opinion will bear heavily on the nation's detention policy in the post-Bush era. In the related cases of Munaf and Omar, the Supreme Court ruled in favor of their right to habeas corpus but allowed their transfer to a foreign jurisdiction. After studying both decisions, the Brennan Center released the following. Additional media reaction posted here.
Fixing the Vote
June 6 – At Newsweek.com, Brennan Center Director Michael Waldman sets his sights on harnessing the recent surge in voter participation. Assuming the trend carries through to November, how can we make sure this moment of rare public engagement is not just an aberration? Use the energy to fix voting, for good. "Starting next year," he writes, "the country should move to a system of universal voter registration, in which every eligible citizen can vote." Universal voter registration is one of seven bold ideas to revitalize our democracy found in A Return to Common Sense out this month.
- Judges Cite Need for Reliable Evidence To Hold Detainees
(Washington Post, by Del Quentin Wilber and Josh White, 07/01/08) - Anxious in America
(NY Times, by Thomas Friedman, 06/29/08) - Florida’s 2008 Election Landscape Looking More Like 2000
(Alternet, by Steven Rosenfeld, 06/28/08) - Voting’s Neglected Scandal
(Washington Post, by David S. Broder, 06/26/08) - Vacancies on FEC Filled As 5 Win Senate Approval
(Washington Post, by Matthew Mosk, 06/25/08) - Inquiry Shows Hiring Based on Ideology
(Wall Street Journal, by Evan Perez, 06/25/08) - Judge Refuses to Block Florida Voter Law
(AP, by Bill Kaczor, 06/25/08) - Restoring the Vote
(Washington Post editorial, 06/24/08)
We Want You…to be a Poll Worker
In an election year, the answer to “what can I do?” can be gratifyingly immediate…
Lessig, MAPLight & the Telecoms
Yesterday, I managed to catch Larry Lessig’s latest “Change Congress” Power Point presentation at the Personal Democracy Forum (PDF) here in New York City....
The issues were preliminary and the result of any ruling likely to be. But despite its preliminary nature, a simple Monday morning hearing in the D.C. District Court had the feeling of something much more....
Illustrations by Risko
No upcoming events
Obama and The Small Donor Effect
Barack Obama’s decision to opt out of public funding for the general election is not a surprise. It was so well telegraphed, he should take out a patent.
The presidential public funding system worked well for three decades after it was enacted in the early 1970s. It leveled the playing field, boosted competition and reduced corruption. Think of it this way: in the first five elections under presidential public funding, a challenger beat an incumbent president three times. There’s no congressional district in America with that much competition!