Yesterday, New York Governor David Paterson reached an agreement with federal officials in an effort to fortify immigration enforcement in the state. Paterson has historically been a proponent of protecting illegal immigrant rights, and on December 25th, he pardoned 24 immigrants with prior criminal history as to prevent their deportation. After the pardon, Paterson stated that federal immigration laws can “excessively harsh and in need of modernization.” The Secure Communities pact reached with the federal government, however, makes little change in the existing law, used primarily to detain and deport immigrants who are considered a threat to public safety and national security.
Paterson did not achieve a legislative modernization to protect illegal immigrants from unlawful detainment. Instead, the program dictates that fingerprints of everyone booked into a local or county jail be sent to the Homeland Security Department and compared with prints in the agency’s databases. Also, the new pact does not prevent officials from deporting immigrants without a criminal history. Therefore, questions of how to balance civil liberties with homeland security escalating in New York immigration politics, just as Paterson leaves office.
To read more, click below:
http://www.nytimes.com/2010/12/31/nyregion/31secure.html?ref=politics
Friday, December 31, 2010
Tuesday, December 21, 2010
"The End of Don't Ask Don't Tell: A Few More Steps Left" -- A Time Magazine Article
The Senate successfully repealed the “Don’t Ask Don’t Tell” law, prohibiting openly gay and lesbian men and women from serving in the American military. “Don’t Ask Don’t Tell” was enacted on the belief that allowing homosexuals to serve would jeopardize the cohesion of those serving, ultimately weakening America’s defenses. Many opponents of the law believe this to be untrue, and have adamantly pushed for its repeal, including President Obama, Defense Secretary Robert Gates, and chairman of the Joint Chief, Mike Mullen.
While the Senate has voted to repeal it, allowing equality in the military, it has not been fully repealed yet, requiring a letter from Obama, Gates, and Mullen confirming that the military is prepared to for its gays and lesbians to come out. Once this letter has been received by both the House and Senate, it will take an additional sixty days.
In the meantime, many service men and women are waiting to officially come out. However, “Don’t Ask Don’t Tell” has not been enforced since October of this year, due to the ruling of U.S. District Court judge, Virginia Phillips stating that it “irreparably injures service members by infringing on their fundamental rights”.
To read more about “Don’t Ask Don’t Tell”, its repeal and the reactions of servicemen men and women and U.S. Congress members, click here: http://www.time.com/time/politics/article/0,8599,2037943,00.html.
While the Senate has voted to repeal it, allowing equality in the military, it has not been fully repealed yet, requiring a letter from Obama, Gates, and Mullen confirming that the military is prepared to for its gays and lesbians to come out. Once this letter has been received by both the House and Senate, it will take an additional sixty days.
In the meantime, many service men and women are waiting to officially come out. However, “Don’t Ask Don’t Tell” has not been enforced since October of this year, due to the ruling of U.S. District Court judge, Virginia Phillips stating that it “irreparably injures service members by infringing on their fundamental rights”.
To read more about “Don’t Ask Don’t Tell”, its repeal and the reactions of servicemen men and women and U.S. Congress members, click here: http://www.time.com/time/politics/article/0,8599,2037943,00.html.
Wednesday, December 15, 2010
"Long Road for Lawyer Defending the Healthcare Law"
The New York Times article, “Long Road for Defending the Healthcare Law” illuminates Ian Gershengorn’s argument in defense of the Health Care Law. Gershengorn’s legal argument rests on the precedent that Congress is allowed to regulate “activities that substantially affect interstate commerce”, which he believes, insurance does. To read more about Gershengorn and his approach to this case, click here: http://www.nytimes.com/2010/12/10/health/policy/10lawyer.html?pagewanted=2&_r=2&partner=rss&emc=rss.
Tuesday, December 14, 2010
The Healthcare Debate Forges On
On Monday, December 13th, Virginia federal judge Henry E. Hudson ruled that the central provision in Obama’s Healthcare law is not constitutional, making him the first judge to formally invalidate a part of the law. The ruling calls into the question the provision of mandatory health insurance for most Americans, and Judge Hudson posits that rendering healthcare a compulsory expense for Americans gives Congress undue authority under the Commerce Clause, and is thus, unconstitutional. In other words, making Americans buy health insurance exceeds the regulatory authority granted to Congress, according to this case.
This specific suit was filed by Virginia’s Republican attorney general, Kenneth T. Cuccinelli II on March 23rd—the same day that President Obama ratified the health care bill. Well-known for his conservative stances on gay rights, Cuccinelli claims that the case is not about health insurance, but “about liberty.” This sentiment is indeed echoed on his website, where he refers to the suit as “the 21st Century version of the ‘shot heard 'round the world.’”
Thus far, all but one of the 20 attorneys general and governors who filed a similar case in Pensacola, Fla., are Republicans. Cuccinelli chose to file independently in his home state. These legal actions fall keenly along party lines, and reinforce the idea that the lawsuits are as much a political assault as a constitutional one, as the White House contends.
To read more, click below:
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