Legal Rationale for Surveillance

Ken AshfordConstitution, War on Terrorism/Torture, Wiretapping & SurveillanceLeave a Comment

I haven't been writing much about the telephony surveillance "scandal" because unlike many liberals I know, I'm not that upset by it.  I do not consider the mass collection of metadata to be an invasion of my privacy.  Collection is not the same thing as searching or prying, to my mind. Anyway, the Obama Administration released a white paper which … Read More

DOMA and Prop 8 Decisions

Ken AshfordConstitution, Gay Marriage, Supreme CourtLeave a Comment

Pretty much like I predicted: DOMA overturned, and Prop 8 booted because plaintiffs lacked standing. What happens next: Since the Court ruled that the federal government cannot discriminate against same-sex marriages under the Equal Protection Clause, all the remains is for that same reasoning to be applied to the states.  After all, states cannot violate the federal constitution either.  So … Read More

That Didn’t Take Long

Ken AshfordConstitution, Courts/Law, Race, Supreme CourtLeave a Comment

TPM: Texas is wasting no time capitalizing on the Supreme Court’s ruling on the Voting Rights Act. Shortly after the high court issued a sweeping 5-4 decision Tuesday striking down a centerpiece of the historic 1965 law, Texas Attorney General Greg Abbott vowed to immediately implement a controversial voter ID law in the Lone Star State that was blocked last year by the now-gutted … Read More

Supreme Court Cuts Voting Rights Act of 1964

Ken AshfordConstitution, Race, Supreme CourtLeave a Comment

Today, the Supreme Court in a 5-4 ruling, struck down key provisions of the Voting Rights Act.  Basically, they eliminated the requirement that jurisdictions with a history of discrimination pre-clear election and voting law changes to ensure they do not disenfranchise minority voters. While the remaining provisions will still ban outright racial discrimination, those states and localities previously covered will now be … Read More

DOMA and Prop 8: A Prediction

Ken AshfordConstitution, Courts/Law, Gay Marriage, Sex/Morality/Family Values, Supreme CourtLeave a Comment

This week — probably Thursday — the Supreme Court of the United States (SCOTUS) will release its opinion on two cases dealing with same-sex marriage. One case challenges the constitutionality of the Defense of Marriage Act (DOMA).  Section III of DOMA prevents the federal government from treating same-sex couples (those legally married under state law) as "married" for the purpose of … Read More

SCOTUS Punts on Changing Affirmative Action

Ken AshfordConstitution, Race, Supreme CourtLeave a Comment

Big week for SCOTUS this week, with most eyes awaiting the DOMA and Prop 8 decisions.  Nothing happened with those today.  The Court scheduled more opinions for tomorrow (although I suspect there will be one more day after tomorrow, and that's when we'll get the gay marriage cases). Interest was also high on what the Court would do regarding affirmative action in … Read More

US Majority Backs NSA Surveillance

Ken AshfordConstitution, War on Terrorism/Torture, Wiretapping & SurveillanceLeave a Comment

A new Washington Post-Pew Research Center poll found that 56% of Americans consider the NSA's accessing of telephone call records of millions of Americans through secret court orders "acceptable." A 62% majority believe it's more important for the government to investigate terrorist threats, even if those investigations intrude on personal privacy. Support drops when it comes to government monitoring of emails, but even here, the … Read More

On The NSA Leaks And The Fact That Your Phone Records Are Being Seized And Everything You Do On The Internet Is Being Swept Up And All That

Ken AshfordConstitution, Wiretapping & SurveillanceLeave a Comment

Busy-ness and business kept me from blogging about last week's bombshell news: the leaks to Glenn Greenwald and the Washington Post that (a) phone records of Americans are seized en masse by the NSA and (b) everyone's Internet activity is likewise seized. My immediate thought is: This is news? Rachel Maddow devoted almost all of her show on Thrusday to … Read More

Shorter Rand Paul

Ken AshfordConstitution, Race, Tea PartyLeave a Comment

Shorter Rand Paul: I was NEVER against the Civil Rights Act. I just think the whole desegregating lunch counters went a bit far. His attempt to snow the people at Howard University was a disaster.  TPM covers it: Sen. Rand Paul (R-KY), a proponent of civil liberties, told a professor on Wednesday that he never opposed the Civil Rights Act … Read More

A Dignified Death

Ken AshfordConstitution, Godstuff, Local InterestLeave a Comment

After making North Carolina a punchline for a couple of days, the Speaker of the NC legislature does the right thing: The Republican speaker of the North Carolina House of Representatives killed legislation on Thursday that aimed toestablish an official state religion. House Speaker Thom Tillis (R-Charlotte) announced Thursday afternoon that the bill would not be receiving a vote in … Read More

Rand Gets His Answer

Ken AshfordCongress, Constitution, War on Terrorism/TortureLeave a Comment

You have to appreciate the opening line: "It has come to my attention….." So here's the breakdown: Rand Paul asks “whether the president has the power to authorize lethal force, such as a drone strike, against a US citizen on US soil.” Holder responds "It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary … Read More