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What's New?

Ninth Circuit Rules Against California Prop 8
February 7, 2012. A panel of the United States Circuit Court of Appeals for the Ninth Circuit has issued its long awaiting ruling in the Perry v. Brown case, finding that California's Proposition 8 banning gay marriage violates the Fourteenth Amendment. For more information and the opinion, see the Civil Rights page of this website.

Government Accountability Office Publishes 2012 edition of Its Program Evaluation Guide
February 2, 2012. The GAO has released the 2012 edition of Designing Evaluations guide to program evaluation. For more information and the document itself, see the Public Contract Management page of this website.

Congressional Budget Office Issues Two Year Economic Report
January 31, 2012. The Congressional Budget Office has issued its most recent "Budget and Economic Outlook: Fiscall Years 2012 to 2022. The report projects that: "the federal budget will show a deficit of nearly $1.1 trillion in fiscal year 2012 (see Summary Table 1). Measured as a share of gross domestic product (GDP), that shortfall will be 7.0 percent, which is nearly 2 percentage points below the deficit recorded last year but still higher than any deficit between 1947 and 2008. Over the next few years, projected deficits in CBO's baseline drop markedly, averaging 1.5 percent of GDP over the 2013-2022 period." p. xi
   Access the CBO report.

Supreme Court Finds California Preempted in Meat Scandal
January 24, 2012. Writing for a unanimous Supreme Court, Justice Kagan found that efforts in California to move against against meat packers who slaughter downer pigs and allow the meat to enter the human food chain is pre-empted by the Federal Meat Inspection Act. The case arose when California adopted legislation following a scandal about the treatment of nonambulatory animals at slaughter houses and the use of the meat in the human food chain. The state law required immediate and humane euthanizing of downer animals that arrived at the slaughter house and prohibited the use of any meat from those animals. Federal statute and implementing regulations require euthanizing some animals and keeping the meat away from the human food chain, but in other cases allows slaughter, inspection, and use of the meat. The case, National Meat Association v. Harris, No. 10-224, was brought by an industry association to block enforcement of the California statute. The reversed a ruling of the Ninth Circuit and found that the federal statute expressly preempts the California regulatory effort. The circuit ruling and the leading briefs in the case, including the U.S. Justice Department amicus brief supporting the meat industry, are provided below.
   Read the opinion.
   Read the Ninth Circuit Opinion.
   Read the brief of the petitioner, National Meat Association.
   Read the brief of the state respondents.
   Read the brief for the non-state respondents.
   Read the brief of the United States as Amicus Curiae in support of the petitioner.

Supreme Court Rejects Government Arguments in GPS Tracking Case
January 23, 2012. All members of the U.S. Supreme Court have agreed in their opinions in United States v. Jones that the government's warrantless use of a GPS tracking device on a person's vehicle for an extended time was a search within the meaning of the Fourth Amendment and affirmed a court of appeals ruling in favor of the defendant. Justice Scalia wrote for five members of the Court, basing the ruling on the concept of trespass while Justice Alito wrote for four members of the Court who agreed with the conclusion but argued that the Court's means of reaching that conclusion was troublesome.
   Read the United States v. Jones opinion

President Seeks Reorganization Authority for Federal Agencies
January 14, 2012. President Obama has indicated that he will be seek reorganization authority from Congress and begin with efforts to consolidate a number of agencies associated with trade and commerce.
   Read the 1/13/12 "Remarks by the President on Government Reform."

Supreme Court Rejects Application of Americans with Disabilities Act to Church School Employee
January 12, 2012. In an opinion for a unanimous Supreme Court, Chief Justice Roberts, citing both the free exercise and establishment clauses of the First Amendment, rejected the efforts by an employee of a church school to bring an action under the Americans with Disabilities Act. Chief Justice Roberts characterized the case as follows: "Certain employment discrimination laws authorize employees who have been wrongfully terminated to suetheir employers for reinstatement and damages. The question presented is whether the Establishment and FreeExercise Clauses of the First Amendment bar such an action when the employer is a religious group and the employee is one of the group's ministers." In this case, the employee was a teacher classified as a called teacher. He concluded: "Both Religion Clauses bar the government from interfering with the decision of a religious group to fire one of its ministers." Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553, Slip opinion, at 6. While the Court had previously ruled that there is a ministerial exception from civil suit, Chief Justice Roberts noted that it had not previously done so in a case involving civil rights statutes.
   Read the opinion.

Supreme Court Issues Ruling Upholding Mandatory Arbitration in the Face of Congressional Constraints
January 12, 2012. Justice Scalia, writing for the majority in Compucredit v. Greenwood, rejected the idea that federal statute provides a right to sue in spite of arbitration requirements in a credit agreement. "We consider whether the Credit Repair OrganizationsAct (CROA), 15 U.S.C. §1679 et seq., precludes enforcement of an arbitration agreement in a lawsuit alleging violations of that Act." While the Ninth Circuit had found a statutory basis for suit, Scalia wrote: "The flaw in this argument is its premise: that the disclosure provision provides consumers with a right to bring anaction in a court of law. It does not. Rather, it imposes anobligation on credit repair organizations to supply consumers with a specific statement set forth (in quotation marks) in the statute. The only consumer right it creates is the right to receive the statement, which is meant to describe the consumer protections that the law elsewhere provides." Slip opinion at 4. Justices Sotomayor issued a concurring opinion joined by Justice Kagan, while Justice Ginsburg dissented.
   Read the opinion.

President Obama Issues Signing Statements Against Recent Statutory Provisions
January 4, 2012. President Obama issued a statement on signing H.R. 2055, the "Consolidated Appropriations Act, 2012" in which he objected to a variety of provisions of that legislation and also H.R. 1540, the "National Defense Authorization Act for Fiscal Year 2012" and indicated that his administration would interpret them in what he considered the appropriate constitutional manner. He also indicated for each set of provisions with which he took issue that he has informed the Congress of his objections and intentions.
   He has also issued a statement with respect to H.R. 1540, the Defense Authorization Act and again indicated that he would interpret controversial provisions in what he regards as the acceptable manner.
    Early in his administration, President Obama issued a memorandum critical of the previous administration's use of the signing statement, but reserving to himself the ability to use the device in what he regarded as an appropriate manner. When he used it with respect to provisions of the supplemental appropriations bill late in 2009, there was a critical response from members of Congress, including a letter from Representatives Barney Frank, Chairman, House Financial Services Committee, and David Obey, Chairman, House Appropriations Committee, Nita M. Lowey, Chairman, House Appropriations Subcommittee on State, Foreign Operations, and Related Programs, and Gregory Meeks, Chairman, House Financial Services Subcommittee on International Monetary Policy.
   .Read the Statement on Signing H.R. 2055, the Consolidated Appropriations Act, 2012.
   .Read the Statement on Signing H.R. 1540, the National Defense Authorization Act for Fiscal Year 2012.
   Access H.R. 2055, the Consolidated Appropriations Act, 2012.
   .Access H.R. 1540, the National Defense Authorization Act for Fiscal Year 2012.
   Read the March 2009 Presidential Memorandum on Presidential Signing Statements.
   Read the July 2009 Letter from Representatives Barney Frank and David Obey to President Obama on his signing statement on the Supplementary Appropriations Act.

Federal Government Releases Its 2011 Financial Report
December 27, 2011. The Department of the Treasury has released the 2011 Financial Report of the United States Government along with the Government Accountability Audit Report. The first part of the document is a "Citizen's Guide" which provides and overview and commentary. The GAO begins its press release on the new report by explaining that: "The U.S. Government Accountability Office (GAO) cannot render an opinion on the 2011 consolidated financial statements of the federal government, because of widespread material internal control weaknesses, significant uncertainties, and other limitations."
   Read the 2011 Financial Report of the United States Government.
   Read the GAO press release on the 2011 report.
   Read GAO Understanding the Primary Components of the Annual Financial Report of the United States Government.

Congress Passes Spending Bill
December 23, 2011. Congress has passed the two key spending bills, HR 2055 Fiscal 2012 spending bill. HR 3672 on Disaster Relief. That legislation was presented to the president for signature on December 21. The legislation concerning the tax withholding issue and continued funding for extended unemployment benefits has now been resolved with the House accepting the Senate proposal to extend these programs for two months pending a negotiation of a solution for the remainder of the year. H.R. 3765 was passed on unanimous consent today.
   This legislation follows the earlier appropriations package H.R. 2112 that was adopted in mid-November and that addressed the Departments of Agriculture, Commerce, Justice, Science, and related Agencies, Transportation, and Housing and Urban Development. This bill was signed into law as P.L. 112-55.
   Access HR2055.
   Read HR 3672.
   Read HR 2112 passed in November.

Supreme Court Finds Immigration Agency Policy Arbitrary and Capricious
December 13, 2011. In a unanimous opinion by Justice Kagan, in the case of Judulang v. Holder, No. 10-694, the U.S. Supreme Court has overturned a Board of Immigration Appeals policy that indicated when resident aliens may apply to the Attorney General for relief from deportation under the provisions of a the immigration law that has now been repealed. The Court found the BIA policy action to be arbitrary and capricious under the now well-established definition established in Motor Vehicle Manufacturers Assn. v. State Farm Mutual Ins. Co, 463 U.S. 29, 43 (1983)..
   Read the opinion.

Supreme Court Agrees to Hear Arizona Immigration Statute Case
December 12, 2011. The Surpeme Court has granted certiorari in No. 11-182, Arizona v. United States. The state of Arizona asked the U.S. Supreme Court to review the decisions of the district court and circuit courts that ruled against the state's immigration legislation S.B. 1070. For the Court's order and the related judicial decisions, briefs, and orders see the Civil Rights page of this website.

HHS Secretary Overrules FDA Decisions on Plan B
December 8, 2011. The Secretary of Health and Human Services has overruled an FDA scientific panel and has directed the FDA Commissioner to reverse the agency's announced policy that would have made Plan B contraceptive available over the counter without a prescription to all women of childbearing age. Secretary Kathleen Sebelius issued a statement indicating that in her opinion, there was not sufficient research to support making the drug available to young women without a prescription.
    FDA Commissioner Dr. Margaret A. Hamburg explained in her press release in response to the secretary that: "I reviewed and thoughtfully considered the data, clinical information, and analysis provided by CDER, and I agree with the Center that there is adequate and reasonable, well-supported, and science-based evidence that Plan B One-Step is safe and effective and should be approved for nonprescription use for all females of child-bearing potential. However, this morning I received a memorandum from the Secretary of Health and Human Services invoking her authority under the Federal Food, Drug, and Cosmetic Act to execute its provisions and stating that she does not agree with the Agency's decision to allow the marketing of Plan B One-Step nonprescription for all females of child-bearing potential. Because of her disagreement with FDA's determination, the Secretary has directed me to issue a complete response letter, which means that the supplement for nonprescription use in females under the age of 17 is not approved. Following Secretary Sebelius's direction, FDA sent the complete response letter to Teva today. Plan B One-Step will remain on the market and will remain available for all ages, but a prescription will continue to be required for females under the age of 17."
   Access the secretary's public statement on rejecting the FDA panel recommendation.
   Secretary Sebelius' letter to FDA Commissioner Margaret A. Hamburg.
   Access the public statement of FDA Commissioner Margaret A. Hamburg.

Senate Passes Defense Authorization Act with Controversial Detainee Provisions
December 2, 2011. The Senate has passed by a vote of 93-7 the National Defense Authorization Act for Fiscal Year 2012, S. 1867. The bill contains several controversial sections calling for the military to detain and hold indefinitely a variety of persons not U.S. citizens or legal residents. The provisions, Sections 1031 through 1036 deal with the detentions. Section 1031 "Affirmation of authority of the Armed Forces of the United States to detain covered persons pursuant to the Authorization for Use of Military Force"; Section 1032 "Requirement for military custory"; Section 1033 "Requirement for certifications relating the the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities"; Section 1034 "Prohibition on use of funds to construct or modify facilites in the United State to house detainees transferred from Unites States Naval Station, Guantanamo Bay, Cuba"; Section 1035. "Procedures for periodic detention review of individuals detained at United States Naval Station, Guantanamo Bay, Cuba"; and Section 1036 "Procedures for status determination." Administration officials have adamantly opposed these provisions. It remains to be seen whether a bill containing those provisions would face a presidential veto.
   Access S. 1867 as passed by the Senate on 12/1/2011.

Supreme Court Agrees to Hear Patient Protection Act Cases
November 14, 2011. The Supreme Court has indicated in its Order List for today that it will hear the cases involving challenges to the Patient Protection and Affordable Care Act, including No. 11-393 National Federation of Independent Business v. Sebelius; 11-400 Florida v. Department of Health & Human Services; and 11-398 Department of Health & Human Services v. Florida. It's directions as to how the cases will be argued are numerous. For the details, the courts order list, and the certiorari petitions, see the Health Care, Disability, and Development page of this website.

Department of Justice Rejects Alabama Attorney General Efforts to Block Federal Discrimination Investigation Involving School Children
November 6, 2011. The Alabama Attorney General has attempted to block the Civil Rights Division of the U.S. Department of Justice's efforts to investigate whether the rights of school children are being violated as a result of actions taken under the recently enacted Alabama immigration statute S.B. 56. . Assistant Attorney General Thomas E. Perez wrote to Alabama school superintendents on November 1, reminding them that the Supreme Court has clearly rejected state actions against school children on the basis of immigration status and requested information from superintendents on student withdrawals and attendance in addition to other information. Alabama Attorney General Luther Strange has insisted that federal authorities lack authority for the investigation and wrote Alabama School Superintendents informing them of his determination. For more information and all the relevant documents, see the Civil Rights page of this website.

House Judiciary Sends Bill That Would Dramatically Change Administrative Law to the Floor
November 4, 2011. The House Judiciary Committee has voted to send H.R. 3010, the Regulatory Accountability Act of 2011, to the floor for a vote. The legislation would significantly amend the Administrative Procedure Act and particularly increase requirements and restrictions on administrative agencies in rulemaking. The American Bar Association Section on Administrative Law and Regulatory Practice has issued a statement on the bill that finds some positive elements, but predominantly indicated "serious concerns about the bill's lengthy list of 'rulemaking considerations' that agencies would be required to take into account at each state of the rulemaking process, use of the long-discredited 'formal rulemaking' for some rules, providing for judicial review of agencies' compliance with OIRA's guidelines, and effectively rewriting the substantive provisions regarding standard-setting in the enabling legislation of numerous agencies through a cost-focused 'supermandate.'" ABA Section on Administrative Law and Regulatory Practice, "Comments on H.R. 3010, the Regulatory Accountability Act of 2011," October 24, 2011, p. i.
   Read H.R. 3010 as sent to the House floor by the Judiciary Committee.
   Read the ABA Section on Administrative Law and Regulatory Practice Statement.

Florida Federal District Judge Issues an Injunction Against a State Drug Testing Requirement for Those Receiving TANF
October 25, 2011. Federal District Judge Mary S. Scriven has issued a preliminary injunction in blocking enforcement of a Florida statute, Section 414.0652 which mandates drug testing, at the applicant's expense, for anyone applying for Temporary Assistance to Need Families in the state.
   Read the October 24 order in Lebron v. Wilkins.

UN Reports Torture of Detainees in Afghanistan
October 10, 2011. The United Nations Assistance Mission in Afghanistan (UNAMA) Office of the High Commissioner for Human Rights has issued a report on "Treatment of Conflict-Related Detainees in Afghan Custody." The report found that: "UNAMA's detention observation found compelling evidence that 125 detainees (46 percent) of the 273 detainees interviewed who had been in NDS [National Directorate of Security] detention experienced interrogation technicques at the hands of NDS officials that constituted torture, and that torture is practiced systematically in a number of NDS detention facilities throughout Afghanistan." Id. at 2.
   Read the UNAMA Report.
   Read UNAMA press release on the report.

Justice Department Asks Supreme Court to Review Patient Protection Act Case
September 29, 2011. The U.S. Solicitor General has filed a petition for a writ of certiorari, asking the U.S. Supreme Court to take up the Forida v. HHS opinion issued by the Eleventh Circuit which struck down the Patient Protection Act. For more information, the petition, and appendix with critical documents, go to the Health Care, Disabilities, and Development page of this website.

Federal District Judge Issues Injunction for Parts of Alabama Immigration Statute But Allows Other Parts to Stand
September 29, 2011. Chief Judge Sharon Lovelace Blackburn of the U.S. District Court for the Northern District of Alabama has issued her rulings in Parsley v. Bentley, 5:11-cv-2736-SLB; and United States of America v. Bentley, 5:11-cv-2746-SLB respectively, challenging Alabama's SB 56 immigration legislation. She rejected the injunction request in Parsley largely on grounds of standing to bring the suit. In the case brought by the U.S. Department of Justice, the judge granted in part and denied in part the request for an injunction, leaving in place some of the most controversial provisions of the Alabama law. For more information and all opinions and orders, see the Civil Rights page of this website

Obama Administration Puts Forward Jobs and Deficit Reduction Plans
September 19, 2011. The Obama administration has sent the legislative proposal to increase jobes described by the president in his recent speech. That bill has been introduced by Senator Reid as S. 1549.
   Also, the president announced today his administration's deficit reduction proposal, also promised in the recent speech to address both the deficit reduction issue now under consideration by the commission created for that purpose, but also to address additional actions called for in the jobs speech. The White House has release a fact sheet on the elements of the plan.
   Read S. 1549 American Jobs Act of 2011.
   Read Obama Administration Fact Sheet on Deficit Reduction.
   Read the president's speech on the deficit reduction proposals.
   Watch the video of the president's speech on the deficit reduction proposals.

Report on Causes of Deep Water Horizon Oil Platform Blowout Released
September 14, 2011. The Bureau of Ocean Energy Management, Regulation, and Enforcement of the U.S. Department of the Interior has issued the report of the investigation conducted by the Bureau and the Coast Guard Joint Investigation Team into the causes both direct and indirect of the Deep Water Horizon oil platform blowout in the Gulf of Mexico in 2010. The document entitled Report Regarding the Causes of the April 20, 2010 Macondo Well Blowout found that: "The loss of life at the Macondo site on April 20, 2010, and the subsequent pollution of the the Gulf of Mexico through the summer of 2010 were the result of poor risk management, last minute changes to plans, failure to observe and respond to critical indicators, inadequate well control response, and insufficient emergency bridge response training by companies and individuals responsible for drilling at the Macondo well and for the operation of the Deepwater Horizon." Id. at 1-2 Although the report found that BP and Transocean were responsible for the blowout, it did find that: "Although the Panel found no evidence that MMS regulations in effect on April 20, 2010 were a cause of the blowout, the Panel concluded that stronger and more comprehensive federal regulations might have reduced the likelihood of the Macondo blowout." Id. at 7 Volume II is the core report with Volume I specifically directed to Coast Guard concerns. There is also a webpage with all of the associated appendices to the report.
   Read Volume II of the Report (Causes of the April 20, 2010 Macondo Well Blow-out).
   Read Volume I of the Report ("Systems and Responsibilities within U.S. Coast Guard purview under the U.S. Coast Guard-Minerals Management Service Memorandum of Agreement dated March 27, 2009")
   Access the appendices to the report.
   Read the cover memo of submission.
   Read the Bureau Press Release.
   Read the Coast Guard Press Release.

Fourth Circuit Court Rejects Challenges to the Patient Protection Act as Supreme Court Review Nears.
September 9, 2011. Judge Diana Gribbon Motz has written an opinion for a panel of the U.S. Circuit Court of Appeals for the Fourth Circuit rejecting the Virginia Attorney General's claim that the commonwealth had standing to challenge the Patient Protection Act. In a second case issued at the same time, the panel rejected the challenge to tax provisions in the law on grounds that it pre-enforcement review is barred. For more information and the opinions, see the Health Care, Disability, and Development page of this website.

Conflict In Obama Administration Over Proposed Ozone National Ambient Air Quality Standards
September 3, 2011. The White House has announced the action by Case Sunstein, Director of the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget, in calling on the Environmental Protection Agency (EPA) to pull back its proposed Ozone National Ambient Air Quality Standards and reconsider them in 2013. In an unusual move, the president announced the administration's action. It is likely that this action will be challenged by environmentalists in further legal action.
   Read Statement by the President on the Ozone National Ambient Air Quality Standards.
   Read Sunstein OIRA letter to EPA re Proposed Ozone Standards.
   Read the EPA press release in response to the administration action.

Obama Administration Announces Regulatory Reduction Plans
August 23, 2011. Case Sunstein, Director of the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget, has announced the administration's plans for reducing regulations. The plans page features some agencies at the top, but then provides all of the agency plans. Each executive agency was directed to produce a plan for regulatory changes and independent agencies were asked to do so.
   Read White House Blog Announcement of regulatory reduction plan.
   Access the White House regulatory plan website.
   Read Executive Order 13563.

White House Issues Performance Management Guidance to Agencies
August 23, 2011. The Office of Management and Budget has issued its guidance on the administration's "Efficient, Effective, and Accountable Government" program which follows on both the administration's initiative to implement performance management in the executive branch, set out in Executive Order 13576 of June 16, 2011 and the implementation of the GPRA (Government Performance and Results Act) Modernization Act of 2010. The Guidance directs action by the agency heads, Chief Operating Officers, and agency Performance Improvement Officers on agency responsibilities for meeting performance improvement obligations.
   The guidance refers to a website known as MAX which the guidance indicates provides "a summary of all key upcoming waste reduction, performance improvement, and management deadlines," but it is password protected and can only be accessed by federal government agencies and personnel.
   Read the OMB memorandum.
   Read Guidance from the Controller OMB June 28, 2011.
   Read Executive Order 13576 of June 16, 2011.
   Access the GPRA Modernization Act of 2010 P.L. 111-352.
   Visit the MAX page.

Alabama Church Leaders Sue the State to Block Immigration Law on First Amendment Grounds
August 14, 2011. Bishops of three churches in Alabama have filed suit in the U.S. District Court for the Northern District of Alabama, seeking to block enforcement of Alabama's S.B. 56 immigration legislation, on grounds that the new law interferes with free exercise of religion under the First Amendment and is vague and overbroad.
   The U.S. Department of Justice has also filled suit in the U.S. District Court for the Northern District of Alabama challenging on grounds that the state law is preempted by federal immigration law and the law is therefore barred by the Supremacy Clause of the Constitution.
   For more information and the complaints in both cases as well as the legislation itself, see the Civil Rights page of this website.

Arizona Petitions for Review in the U.S. Supreme Court on Decisions Against State Immigration Law
August 14, 2011. The state of Arizona has now formally asked the U.S. Supreme Court to review the decisions of the district court and circuit courts that ruled against the state's immigration legislation S.B. 1070. For more information and the certiorari petition in the case see the Civil Rights page of this website.

U.S. Eleventh Circuit Court Rules Against the Patient Protection and Affordable Care Act, Setting Up Supreme Court Review.
August 13, 2011. A panel of the U.S. Circuit Court of Appeals for the Eleventh Circuit has ruled in favor of a challenge by 26 states to the Patient Protection and Affordable Care Act, setting up a conflict with the ruling of the Sixth Circuit and virtually ensuring a review by the U.S. Supreme Court. For more information and the opinion see the Health Care, Disability, and Development page of this website.

Debt Limit Extension Package Signed Into Law
August 2, 2011. The House and Senate have passed, and the president has signed, the Budget Control Act of 2011, which is the result of the negotiations between congressional leaders and the president to break the logjam on the debt limit extension. The bill, S. 365, passed the House by a vote of 269-161 and the Senate has approved the measure 74-26.
   Read the bill.

U.S. Circuit Court for the Sixth Circuit Rejects Challenge to the Patient Protection and Affordable Care Act.
June 29, 2011. A panel of the U.S. Circuit Court of Appeals for the Sixth Circuit has rejected a challenge to the Patient Protection and Affordable Care Act brought by the Thomas More Law Center. For more information and the opinion, see the Healthcare, Disability, and Development page of this website.

Supreme Court Strikes California Ban on Sales of Violent Video Games to Minors
June 27, 2011. The Supreme Court has ruled that California's Assembly Bill 1779 intended to block the sale of violent video games to minors violates the First Amendment to the U.S. Constitution. Justice Scalia wrote the majority opinion for five members of the Court. Justice Alito did not join that opinion but wrote a concurring opinion that was joined by Chief Justice Roberts. Only Justices Thomas and Breyer issued dissenting opinions.
   Read the opinion.

Supreme Court Rejects Class Action Status for Wal-Mart Women Plaintiffs
June 20, 2011. The Supreme Court has reversed a lower court ruling and concluded that the women who sought to sue Wal-Mart for sex discrimination on behalf of 1.5 million women had not defined a class that satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure which sets forth the requisites for an acceptable class action lawsuit. The opinion, written by Justice Scalia for the Court, reverses a decision filed in April by the U.S. Circuit Court of Appeals for the Ninth Circuit, sitting en banc, that the massive Title VII suit could proceed as a class action. For more information and the Supreme Court and Ninth Circuit opinions, see the Civil Rights page of this website.

Supreme Court Rejects State Pollution Suit Against Power Plants
June 20, 2011. Writing for a unanimous Supreme Court (Justice Sotomayor not participating), Justice Ginsburg rejected the efforts by several states, the City of New York, and other parties to bring a federal common law nuisance suit to abate carbon dioxide emissions from power plants. For more information and the Supremem Court opinion see the Sustainable Development page of this website.

Supreme Court Requires Consideration of Children's Age in Questioning
June 17, 2011. A sharply divided Court in an opinion by Justice Sotomayor has ruled that police must take a child's age into consideration in determining whether it is necessary to provide Miranda warnings at the time of questioning. The case involved a 13 year old boy known in the opinion as J.D.B. who was questioned by police at his middle school without Miranda warnings. The issue goes to the determination that a child is effectively in custody such that the warnings are required. "We hold that so long as the child's age was known to the officer at the time of police questioing, or would have been objectivedly apparent to a reasonable officer, its inclusion in the custory analysis is consistent with the objective nature of that test. This is not to tay that a child's age will be a determinative, or even a significant, factor in every case. . . . It is, however, a reality that courts cannot simply ignore." J.D.B. v. North Carolina, Slip opinion at 14. Justice Alito wrote a dissent joined by the Chief Justice and Justices Scalia and Thomas.
   Read the opinion.

Members of Congress File Suit Against President Over Lybia
June 14, 2011. A number of members of Congress have filed suit in the U.S. District Court for the District of Columbia in a case styled, Kucinich v. Obama, Case 1:11-cv-01096-RBW, challening the president's actions with respect to Lybia, alleging violations of the constitutional war powers and the War Powers Resolution.
   Read the Complaint.

Supreme Court Finds that Individuals Can Have Standing to Make a Federalism Argument Against Federal Statutes
June 14, 2011. In an opinion for a unanimous Supreme Court in Bond v. United States, Justice Kennedy reversed a Court of Appeals for the Third Circuit ruling that denied standing to a woman who sought to challenge a federal statute on federalism grounds. In so doing, Kennedy took the opportunity to present an essay on the importance of federalism as a protection for individual freedoms. For more information and the opinion, see the Local Government page of this website.

Obama Administration Issues Executive Order on "Efficient, Effective, and Accountable Government"
June 14, 2011. President Obama has issued an executive order entitled "Delivering an Efficient, Effective, and Accountable Government." The order calls for further action on the presidential memorandum on accountable government issued September 14, 2010 that accompanied a memorandum issued on that date by the Chief Performance Officer to all executive branch agencies. The new executive order also creates a Government Accountability and Transparency Board.
   Read the Executive Order.
   Read the September 14, 2010 Presidential Memorandum Referenced in the Executive Order.
   Read the Chief Performance Officer's Memorandum.

U.S. Supreme Court Reverses State Supreme Court and Upholds Nevada Conflict of Interest Law
June 14, 2011. The U.S. Supreme Court has upheld a Nevada conflict of interest law, reversing a state court decision that had struck down the statute on First Amendment grounds. In a case concerning a Sparks, Nevada councilman who voted for a new casino project despite the fact that his campaign manager was being paid as a consultant on an ongoing basis by the casino's developer, the Court rejected the constitutional challenge to the state law. For more information and the opinion, see the Local Government page of this website.

Obama Administration Joins Its Predecessors in Moving Against Regulations and Congress Demands Even More Regulation Reduction
June 3, 2011. The Obama administration is rolling out a series of measures and activities aimed at reducing regulations. These measures were outlined in a speech today before the American Enterprise Institute. The speech, entitled "Regulatory Look-Back: A First Look," was delivered by Cass Sunstein, Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget.
   The Subcommittee on Oversight and Investigations of the House Energy and Commerce Committee is holding a hearing today on the Obama administration's announcements about regulatory reductions. This follows on the aadministration's executive order in January and the OIRA actions that have followed.
   View the AEI video of the speech.
   Read the Sunstein AEI presentation.
   Read the Sunstein Testimony before the House Energy and Commerce Subcommittee on Oversight and Investigations.
   Access the Committee Web Page on the Hearing with Testimony and other Materials.

Former Senator John Edwards Indicted for Alleged Campaign Finance Violations and Related Charges
June 3, 2011. The U.S. Department of Justice has announced the indictment of former Senator and presidential candidate John Edwards on several counts related to alleged campaign finance violations. The Department of Justice explains that the indictment includes: "one count of conspiracy to violate the federal campaign finance laws and to make false statements to the Federal Election Commission (FEC); four counts of accepting and receiving illegal campaign contributions from two donors in 2007 and 2008; and one count of concealing those illegal donations from the FEC." (DOJ Press Release)
   Read the Indictment.
   Read the Justice Department Press Release.

Supreme Court Rejects Call for Liability for Ashcroft Use of Material Witness Warrants
May 31, 2011. Justice Scalia wrote for the Court rejecting the claim that former Attorney General John Ashcroft's use of material witness warrants to arrest and detain individuals as a way to incarcerate individuals against whom no criminal charges were pending and who were not actually expected to be called as witnesses in pending cases. The Court was unanimous in concluding that there was no clearly established Fourth Amendment protection against the use of material witness warrants charged in this case and therefore the Ninth Circuit erred in rejecting the claim to immunity. However, three members of the Court did not join the majority opinion and criticized the scope and nature of that ruling. Justice Kagan did not participate. Justices Roberts, Kennedy, Thomas, and Alito joined the majority opinion by Scalia. Justices Ginsburg, Breyer, and Sotomayor filed or joined concurring opinions critical of the majority, but joining the judgment that the appeals court erred in its interpretation as to the minimum liability issue.
   Read the opinions.

Supreme Court Upholds Arizona Law on Sanctions Against Businesses Who Employ Undocumented Aliens
May 26, 2011. In a fragmented opinion, the Supreme Court upheld Arizona's law allowing sanctions against businesses found to employ undocumented aliens. Chief Justice Roberts wrote for the Court in Chamber of Commerce v. Whiting, No. 09-115, finding that federal immigration law did not preempt the state because of a savings clause in the statute that permits states to take action with respect to licensing. Justice Breyer issued a dissent joined by Justice Ginsburg and Justice Sotomayor issued her own dissent. Breyer points out that while licensing is covered by the savings clause of the Immigration Reform and Control Act of 1986, it specifically preempts civil or criminal sanctions which the Arizona law imposes and is therefore specifically preempted. Justice Sotomayor rejected Chief Justice Roberts' reading of the federal law and concluded that the comprehensive design of federal regulation did not leave room for this kind of state action and was only meant to allow states to take action with respect to licensing where there had been a federal finding of a violation of federal immigration law.
   Read the opinion.

Supreme Court Upholds Remedial Order in California Prisons Case
May 24, 2011. A sharply divided Supreme Court in an opinion by Justice Kennedy upheld an order by a three judge federal court to California authorities to reduce prison populations which is the culmination of a twenty year legal battle in which the conditions of California prisons have been deteriorating. Although the state argued that the district court order was premature, Justice Ginsburg pressed attorneys for the state to explain how cases, some of which had been pending for some twenty years and that had produced approximately 70 orders could be had not been fully considered and the current order to reduce the populations could be considered premature. Justice Scalia issued a dissent joined by Justice Thomas while Justice Alito prepared another dissent which was joined by Chief Justice Roberts.
   Read the Brown v. Plata opinion.
   Read the Oral Argument Transcript in the Case.

Independent Group Issues Report on Upper Big Branch Coal Disaster
May 20, 2011. An independent investigative group appointed by then West Virginia Governor Joe Manchin has issued a report critical of both the company operating the Upper Big Branch Coal mine and the federal agency responsible for safety regulation. Chaired by former federal mine safety regulatory official Davitt McAteer who was director of the Mine Safety and Health Administration, the report contains a variety of recommendations to avoid similar disasters in the future.
   Read the report.
   Read Governor Earl Ray Tomblin's Press Statement on the Report.

Senators Levin and Coburn Release Investigation Report Wall Street & the Financial Crisis - Anatomy of a Financial Collapse
April 15, 2011. Senators Carl Levin (D, MI) and Tom Coburn (R, OK), the chair and ranking member respectively of the Senate Permanent Committee on Investigations, have issued released the committee's report, entitled Wall Street & the Financial Crisis - Anatomy of a Financial Collapse, and supporting documents, more than 5,900 pages in all. While the report is some 639 pages in length, the Executive Summary is provided on pp. 1-11, with recommendations on pages 12-14.
   In a display of bipartisanship not often seen in the current environment, the committee and its leadership charged that the current economic downturn was in significant part caused by massive conflicts of interest and abuses within the marketplace and by a failure of regulators to regulate and of the Congress to conduct oversight. In the press release for the report, Levin stated: "Using emails, memos and other internal documents, this report tells the inside story of an economic assault that cost millions of Americans their jobs and homes, while wiping out investors, good businesses, and markets. . . . High risk lending, regulatory failures, inflated credit ratings, and Wall Street firms engaging in massive conflicts of interest, contaminated the U.S. financial system with toxic mortgages and undermined public trust in U.S. markets. . . . [T]he report discloses how financial firms deliberately took advantage of their clients and investors, how credit rating agencies assigned AAA ratings to high risk securities, and how regulators sat on their hands instead of reining in the unsafe and unsound practices all around them. Rampant conflicts of interest are the threads that run through every chapter of this sordid story." Coburn added: "The free market has helped make America great, but it only functions when people deal with each other honestly and transparently. At the heart of the financial crisis were unresolved, and often undisclosed, conflicts of interest. . . . Blame for this mess lies everywhere from federal regulators who cast a blind eye, Wall Street bankers who let greed run wild, and members of Congress who failed to provide oversight."
   The documents below include the press release announcing the report and supporting documents, the report itself, and several sets of files that provide the supporting documents.
   Read the press release issued by Chairman Levin.
   Read the Report.
   Access the Footnote and Exhibit Locator.
   Access FN 107 - 1342 (pgs 1-1037).
   Access FN 1343 - 1459 (pgs 1038-2164).
   Access FN 1462 - 1576 (pgs 2165-3003).
   Access FN 1584 - 1622 (pgs 3004-3448).
   Access FN 1623 - 2406 (pgs 3449-4484).
   Access FN 2409 - 2706 (pgs 4485-5459).
   Access FN 2724 - 2831 (pgs 5460-5901).

President Obama Presents His Spending Plan in Response to House Majority Plan
April 13, 2011. President Obama has given a speech offering his administration's proposal for deficit reduction in response to the plan offered on behalf of congressional Republicans by House Budget Committee Chair Paul Ryan (R.- WI). The White House has published a fact sheet on the administration's plan. Both plans are provided below.
   Read White House Fact Sheet on the Administration Plan.
   Read Budget Committee Chair Representative Paul Ryan's Republican Proposal.

Documents Showing Specific Cuts in the FY 2011 Appropriations Under the Budget Agreement
April 13, 2011. The new continuing resolution, H.R. 1473 has been introduced along with H. Con. Res. 35 and H. Con. Res. 36. Resolution 35 will allow debate on prohibiting any funds to be used to implement the Affordable Care Act and Health Care and Education Reconciliation Act of 2010 while resolution 36 would states that no funds could be made available to Planned Parenthood or any affiliate. The House Appropriations Committee has released a spreadsheet showing cuts by program and both the majority and minority of that committee have released their own summary of the cuts set out in the continuing resolution as offered.
   Read H.R. 1473 text.
   Read H. Con. Res. 35.
   Read H. Con. Res. 36.
   Access House Appropriations Committee Spreadsheet Showing Program Cuts in FY 2011 Continuing Resolution.
   Access the Republican Summary of the Budget Cuts from the House Appropriations Committee.
   Access the Democratic Minority Summary of the Budget Cuts from the House Appropriations Committee.

Government Shutdown Plans in the Event of Failure of Budget Negotiations
April 8, 2011. The Office of Management and Budget has released its memorandum announcing its plans in the event of a federal government shutdown related to the current budget impasse. The Washington Post has provided links to documents for the major federal agencies' planned responses in the event of a shutdown. The Office of Personnel Management has created a website to address questions about the furlough of federal government employees.
   Read the Office of Management and Budget Memorandum.
   Access Agency-by-Agency Shutdown Materials via the Washington Post website.
   Read OPM Frequently Asked Questions for Shutdown Furloughs.

Supreme Court Justices Clash in Case on Liability for Prosecutor Misconduct
April 6, 2011. In another 5-4 ruling, Justices Thomas and Scalia clashed with Justice Ginsburg and three other dissenters over a case about liability for extreme prosecutorial misconduct that led to a death verdict. Justice Thomas wrote for the majority in a case in which death row inmate was later retried and acquited after evidence of deliberate evidence tampering and refusal to disclose clearly exculpatory evidence in the original trial.
   Read the opinions.

Supreme Court Denies Standing to Challenge Arizona Religious School Tax Policy
April 4, 2011. In a 5-4, the Supreme Court denied standing to Arizona taxpayers to challenge a state tax policy that . Justice Kennedy wrote the majority opinion in Arizona Christian School Tuition Organization v. Winn (09-987) joined by Chief Justice Roberts and Justices Scalia, Thomas, and Alito. Justice Kagan wrote the dissent which was joined by Justices Ginsburg, Breyer, and Sotomayor. The case arose from a challenge to an Arizona law that provides a state tax credit to those to contribute to school tuition organizations which are organizations that provide tuition funds to children attending private schools. The ruling further restricts taxpayer standing to bring establishment of religion cases on taxing and spending grounds by distinguishing between appopriations and tax expenditures, according to the dissenters.
   Read the opinion.

Federal Judge Blocks Google Books Settlement
March 23, 2011. United States Circuit Court of Appeals Judge Denny Chin has rejected the proposed settlement in the massive google books case, Authors Guild v. Google, 05 Civ. 8136 (D.C.). Judge Chin wrote: "While the digitalization of books and the creation of a universal digital library would benefit many, the ASA [Amended Settlement Agreement] would simply go too far. It would permit this class action -- which was brought against defendant Google Inc. to challenge its scanning of books and display of 'snippets' for on-lin searching -- to implement a forward-looking business arrangement that would grant Google significant rights to exploit enture books, without permission of the copyright owners. Indeed, the ASA would give Google a significant advantage over competitors, rewarding it for engaging in wholesale copying of copyright works without permission, while releasing claims well beyond those presented in the case." Slip opinion at 1-2. Judge Chin had given preliminary approval to the ASA in 2009.
   Access Judge Chin's opinion.
   Access the Google Webpage that sets forth the text of the Amended Settlement Agreement.

GAO Issues Report Adding Fuel to the Budget Debate
March 8, 2011. Title II of the Public Debt Limit Increase statute, P.L. 111-139 adopted in February 2010 required the the Government Accountability Office produce a report each year that identifies "programs, agencies, officers, and initiatives with duplicative goals and activities with Departments and governmentwide and report annually to Congress on the findings, including the cost of such duplication. . . ." The GAO has released its first such report.
   Access the GAO report.

Supreme Court Rules Throws Out Jury Verdict Against Funeral Protesters in Phelps Case
March 3, 2011. The Supreme Court set aside a jury verdict in which a Maryland jury awarded damages against the Westboro Baptist Church led by Rev. Fred Phelps for intention infliction of emotional distress stemming from their demonstration near the funeral for Marine Lance Corporal Matthew Synder who was killed in Iraq. In an opinion by the Chief Justice, the Court found that the speech was public speech and was protected by the First Amendment even against a tort action for damages by the family of the fallen soldier.
   Access the Phelps opinion.

Houses Passes Additional Continuing Resolution with Additional Cuts
March 1, 2011. The House has passed H.J.Res 44 which extends the current continuing resolution P.L. 111-117 to March 18, but cuts an additional $4 billion from that amount. Senate leaders have indicated that there will be a prompt vote on the measure.
   Read H.J.Res 44.
   Access P.L. 111-117.

Presidential Memorandum on Review of Regulatory Impacts on State, Local, and Tribal Governments
March 1, 2011. The White House yesterday issued a presidential memorandum entitled "Administrative Flexibility, Lower Costs, and Better Results for State, Local, and Tribal Governments." The announced intention is as a part of the implementation of the regulatory review order E.O. 13563.
   Read the Administrative Flexibility Memorandum.
   Read the White House Fact Sheet on the Memorandum.
   Access E.O. 13563.

Wisconsin Budget Bill Draws National Controversy
February 25, 2011. The budget bill offered by Wisconsin Governor Scott Walker has drawn controversy because of its efforts to remove public employee collective bargaining rights, but it also contains a wide variety of other provisions that are now attracting attention from analysts and critics.
   Read the AB 11.
   Read the SB 11.

White House Announces FY2012 Budget Proposal
February 14, 2011. The White House has released the President's budget request for FY 2012. Along with the budget overview document, the White House has issued the traditional "Terminations, Reductions, and Savings" document, the Analytic Perspectives document which provides the economic and policy assumptions behind the budget, agency by agency fact sheets, and the Appendix which is the document that contains the very detailed information on agency budgets and funds.
   The so-called budget-in-brief documents which contain detailed program by program information for the Department of Health and Human Services, Department of Education, and the Environmental Protection Agency are also provided below.
   Access the Web Page for the FY2012 Budget Overview with Links for Each Federal Agency.
   Download the FY 2012 Budget as a single .pdf document.
   Access Agency by Agency Fact Sheets for the FY2012 Budget.
   Access Terminations, Reductions, and Savings for FY 2012.
   Access the Web Site for the FY2012 Budget Appendix -- All detailed information about agencies and funds.
   Access the Analytic Perspectives Document (economic and budget assumptions).
   Access the U.S. Department of Education, Fiscal Year 2012 Budget Summary and Background Information.
   Access the U.S. Department of Health and Human Services, Fiscal Year 2012 Budget-in-Brief.
   Access the Environmental Protection Agency, Fiscal Year 2012 Budget-in-Brief.
   Access USASpending.gov

U.S. District Court in Florida Rules Against Patient Protection Act
February 1, 2011. Federal District Judge Roger Vinson of the U.S. District Court for the Northern District of Florida has issued his opinion in Florida v. HHS, in which 26 states challenged the Patient Protection Act. He found the entire statute exceeded the authority of Congress under the commerce clause and necessary and proper clause. For more information and for the opinion itself, see the Health Care, Disability, and Development page of this website.

National Congress of American Indians Issues State of the Indian Nations Report
January 29, 2011. Jefferson Keel, President of the National Congress of American Indians (NCAI) has presented this year's State of the Indian Nation's Address entitled "Sovereign Indian Nations at the Dawn of a New Era." For more information and links to the documents go to the CIvil Rights Page of this website.

Illinois Supreme Court Restores Emanuel to Chicago Ballot
January 28, 2011. The Illinois Supreme Court has reversed an appellate court ruling that would have removed Rahm Emanuel from the ballot in the upcoming election for Mayor of Chicago.
   Read the Illinois Supreme Court Order.
   Read the Supreme Court opinion.

Financial Crisis Inquiry Commission Issues Final Report
January 27, 2011. The National Commission on the Causes of the Financial and Economic Crisis in the United States (Financial Crisis Inquiry Commission) has issued its final report. The commission was created when Congress passed the Fraud Enforcement and Recovery Act (P.L. 111-21) in 2009. Six members of the Commission supported the findings, while four issued a dissent to the report. As the commission indicated in its press release: "The crisis was avoidable and was caused by: "Widespread failures in financial regulation, including the Federal Reserve's fairlure to stem the tide of toxic mortgages; Dramatic breakdowns in the corporate governance including too many financial firms acting recklessly and taking on too much risk; An explosive mix of excessive borrowing and risk by households and Wall Street that put the financial system on a collision course with crisis; Key policy makers ill prepared for the crisis, lacking a full understanding of the financial system they oversaw; And systemic breaches in accountability and ethics at all levels." In addition to this summary, the commission has provided a separate link to its conclusions chapter which provides the findings and brief explanations for each.
   Read full report.
   Read the Commission's conclusions.
   Access the Commission's press release accompanying the report.

Congressional Budget Office Issues Economic Projects for 2011-2021
January 27, 2011. The Congressional Budget Office has issued its Budget and Economic Outlook for 2011-2021.
   Access the two parts of the report.

President Obama Launches Regulatory Strategy Aimed to Draw Business Support for White House Economic Development Efforts
January 18, 2010. President Obama has published an op-ed piece entitled "Toward a 21st-Century Regulatory System" in the Wall Street Journal today, writing of regulations that place "unreasonable burdens on business -- burdens that have stifled innovation and have had a chilling effect on growth and jobs." His op-ed was timed to match White House announcements of a new executive order on regulation, a fact sheet on the administrations new regulatory policy, and two presidential memoranda.
   Read the President's Wall Street Journal Op-Ed Toward a 21st-Century Regulatory System.
   Read the President's Regulatory Strategy Fact Sheet.
   Read the Executive Order on Improving Regulation and Regulatory Review.
   Read the Presidential Memorandum on Regulatory Compliance.
   Read the Presidential Memorandum on Regulatory Flexibility, Small Business, and Job Creation.

U.S. Attorney Files Complaint in Tucson Shooting
January 9, 2010. The U.S. Attorney for Arizona had filed a complaint against Jared Lee Loughner alleging five counts of murder or attempted murder of federal officials in the performance of their duties, including the attempted murder of Representative Gabrielle Giffords (D., AZ) and her staff members, but also the murder of Federal District Judge John M. Roll and of Gabriel Zimmerman, a member of Congresswoman Giffords' staff.
   Read the complaint.

President Signs GPRA Modernization Act
January 7, 2010. The president has signed into law H.R. 2142, the GPRA Modernization Act. The act requires publication of strategic plans online along with reporting of the degree to which performance plans have been met on a quarterly basis. The act also mandates a Federal Government Performance Plan. It assigns responsibilities for the performance requirements of the Act to Chief Operating Officers in each federal agency and also creates within the agencies Agency Performance Improvement Officers and a government wide Performance Improvement Council.
   Access the H.R. 2142.

FDSys Replaces GPO Access for Online Access to Government Documents
.January 7, 2010. The new Federal Digital System (FDSys) is about to replace the GPO Access site which has been the portal for accessing federal government documents since the mid-1990s.
   Access FDSys.

EPA Moves Forward on Greenhouse Gas Emissions Regulation
December 31, 2010. The U.S. Environmental Protection Agency has announced that it is moving forward with implementation of its obligations to regulate greenhouse gases that contribute to globale warming under the Clean Air Act from fuel-fired power plants and refineries through steps laid out in two consent agreements signed by the agency to resolve litigation. For more information and documents, see the Sustainable Development page of this website.

Food Safety Modernization Enacted at the Eleventh Hour of 111th Congress
December 23, 2010. In a last ditch effort at passage, the Senate passed the Food Safety Modernization Act providing significant new regulatory authority for the Food and Drug Administration. The bill had been roled into the proposed spending package H.R. 3082, but it appeared likely to fail when Republicans and Democrats were only able to agree on a continuing resolution to remain in effect until March. The Senate then put the bill as an amendment in the nature of a substitute into H.R. 2751 with some 18 changes over the food safety bill that had previously passed the Senate and then passed the bill by a voice vote. The House then agreed in a 215-144 vote just before the Congress adjourned the session. The bill now goes to the president for signature.
    Previously, there was an effort to deal with a problem in the version of the legislation that passed the Senate earlier. The House Rules Committee has moved to address the difficulty in legislation that passed the Senate by 73-25, S. 510 -- the FDA Food Safety Modernization Act. It had contained a revenue provision which the Constitution requires come from the House. The House Rules Committee sent to the floor H.R. 3082 - Military Construction and Veterans Affairs Appropriations Act, 2010 (Full-Year FY11 CR and Food Safety). The amended legislation included a full year continuing resolution which was designed to cut spending below the level recommended by the administration and also included the Food Safety Modernization Act (Division D of the bill). The bill H.R. 3082 passed the House by 212-206 and was sent back to the Senate. The amendments to H.R. 3082 were presented and explained with the new bill in the committee report 111-675. Ultimately, H.R. 3082 was stripped of the larger spending bill and a limited continuing resolution was included that maitains spending until March by which time the new Congress is supposed to produce final spending legislation for the current fiscal year.
   Read H.R. 2751 as it passed.
   Access the Rules Committee Report 111-675.
   Read S. 510 as it passed the Senate originally.

House Joins Senate in Votes to Approve Tax Cut Agreement
December 16, 2010. The House has voted 277-148 to approve the tax cut agreement that had already passed the Senate by a vote of 81-19. The vote was to approve H.R. 4853 as amended, known as the Middle Class Tax Relief Act of 2010, that will continue Bush era tax cuts, increases exemptions and reduce rates for inheritance taxes, and includes other provisions which the administraiton and Republican leaders contend will help with further stimulus to the economy. The legislation now goes to the president for signature.
   Access the legislation as it passed the Senate.

Fed Issues Notice of Proposed Rulemaking on Debit Cards
December 16, 2010. The Federal Reserve has issued notive of proposed rulemaking for rules implementing provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act dealing with debit card fees.
   Access the Notice of Proposed Rulemaking as it went to the Federal Register.
   Access the Federal Reserve Press Release on the Proposed Rules.

Federal District Court in Virginia Strikes Down Part of the Patient Protection Act While Two Others Reject Challenges to the Legislation
December 2, 2010. Federal District Judge Henry E. Hudson, of the U.S. District Court for the Eastern District of Virginia, has issued his opinion in Commonwealth of Virginia v. Sebelius, Civ. No. 3:10CV188-HEH, has struck down Section 1501 of the Patient Protection Act which requires Minimum Essential Coverage and issued an injunction against its enforcement. Two other district courts have dismissed challenges to the statute. For more information and for the opinions in these cases, go the Health Care, Disabilities, and Development page of this website.

District Court Rejects Suit to Block Targeted Attack on alleged al Qaeda Operative
December 7, 2010. U.S. District Court Judge John D. Bates has issued an opinion dismissing a suit brought by the father of Anwar Al-Aulaqi, an alleged al Qaeda operative with al Qaeda in the Arabian Peninsula, asserting that the president and U.S. intelligence organizations had targeted the son for assassination and seeking a judicial order to block those plans. For more information and link to the opinion in the case, click on the Post 9/11 Policy Actions link on this web page.

Supreme Court Grants Wal-Mart Request for Review in Class Action Suit
December 6, 2010. The Supreme Court has agreed to hear a case brought by Wal-Mart seeking review of a decision filled in April by the U.S. Circuit Court of Appeals for the Ninth Circuit, sitting en banc, that the massive Title VII suit now styled Dukes v. Wal-Mart Stores could proceed as a class action. The arguments at this stage is not about the merits of the TItle VII claims, but to the certification of the class action. For more information and the Court's order on which issues are to be argued, go to the Civil Rights page of this website.

House Votes Censure of Representative Rangel
December 2, 2010. The House of Representatives has voted 333-79 to censure Representative Charles B. Rangel (D., NY). Representative Zoe Lofgren (D., CA), Chair of the House Committee on Standards of Official Conduct, reported to the House H. Res. 1737, a resolution of censure in the matter. An amendment that was offered to reduce the sanction to a reprimand was defeated.
   Read the resolution of censure, H. Res. 1737.
   Read the committee report on the Rangel matter.

House Adopts Child Nutrition Legislation
December 2, 2010. The House of Representatives has voted on some key legislation related to child nutrition. First the House adopted H.R. 6469 which requires programs receiving federal school lunch money to ensure background checks for employees. The House then moved on to S. 3307, the Healthy, Hunger-Free Kids Act of 2010 which passed 264-157. This legislation has already passed the Senate and will now go to the president for signature. For more information and the text of the legislation, see the Health Care, Disabilities, and Development page of this website.

Two Federal Courts Reject Challenges to the Patient Protection Act
December 2, 2010. Judge Norman K. Moon of the U.S. District Court for the Western District of Virgina has issued his opinion in Liberty University v. Geithner, rejecting the challenge to the Patient Protection Act. District Judge George Caram Steeh issued an opinion in another case challenging the Patient Protection Act, Thomas More Law Center v. Obama, also rejecting the attack on the new law. A variety of other cases are pending in other district courts around the nation.
   Read opinion in Liberty University v. Geithner, Western District of Virgina.
   Read the opinion in Thomas More Law Center v. Obama, Eastern District of Michigan.

National Commission on Fiscal Responsibility and Reform Releases Draft Report
November 10, 2010. The National Commission on Fiscal Responsibility and Reform, created by President Obama's Executive Order 13531 last February, has a released what is called the "Co-Chairs' Proposal," containing recommended spending cuts and tax changes intended to attack the deficit. Under the order, 14 of the 18 members need to vote in favor of the report to send it to Congress for a vote.
   Access Chairmen's Joint Proposal.
   Access the Commission's Website.
   Read the Executive Order 13531, Creating the Commission .

Oral Argument in Arizona Immigration Case Before Ninth Circuit Televised
November 2, 2010. The United States Circuit Court of Appeals has posted video of the oral argument in USA v. State of Arizona, No. 10-16645, the case examing the injunction issued by the federal district court against Arizona's SB 1070. For more information on this case and other Ninth Circuit oral argument videos, see the Civil Rights page of this website.

Ninth Circuit Stays Federal District Court "Don't Ask, Don't Tell" Injunction
October 21, 2010. A panel of the U.S. Circuit Court of Appeals for the Ninth Circuit has issued a temporary stay of the Federal District Judge Virginia A. Phillips' injunction against the military "Don't Ask, Don't Tell" policy. For more information and links to the stay and motions, see the Civil Rights page of this website.

Supreme Court Agrees to Hear Ashcroft Case
October 19, 2010. The U.S. Supreme Court has granted certiorari in Ashcroft v. Al-Kidd, No. 10-98. The decision by a panel of the U.S. Cricuit Court of Appeals for the Ninth Circuit in September of 2009, reported at 580 F.3d 949 , cleared the way for a liability action against the former Attorney General alleging that his orders concerning the use of material witness warrants in the months following the 9/11 attacks under which individuals were held without charge and without being called as witnesses for extended periods was a constitutional violation for which he should be held responsible in damages. Writing for the two to one majority of the panel, Judge Milan D. Smith, Jr. said: "We are confident that, in light of the experience of the American colonists with the abuses of the British Crown, the framers of our Constitution would have disapproved of the arrest, detention, and harsh confinement of a United States citizen as a 'material witness' under the circumstances, and for the immediate purpose alleged, in al-Kidd's complaint. Sadly, however, even now, more than 217 years after the ratification of the Fourth Amendment to the Constitution, some confidently assert that the government has the power to arrest and detain or restruct American citisens for months on end, in sometimes primitive conditions, not because there is evidence that they have committed a crime, but merely because the government wishes to investigate them for possible wrongdoing, or to prevent them from having contact with others in the outside world. We find this to be repugnant to the Constitution, and a painful reminder of some of the most ignominious chapters of our national history." 580 F.3d, at 981.
   Read the Petition for Certiorari filed by the Solicitor General.
   Read the Ninth Circuit opinion.

U.S. Supreme Court Makes Audio of Oral Arguments Available
October 9, 2010. The U.S. Supreme Court has made good on the promise that this term the Court would post the audio of the Court's oral arguments on its website by the end of the week of argument. The October Term for 2010 has begun and the Court has a new page for the oral argument audio in addition to the transcripts which are also available. For full docket information, briefs, and oral argument transcripts and audio, see the Supreme Court Activity section of this webpage.
   Access this week's oral argument audio.

Federal District Court Issues Preliminary Injunction Against NIH Stem Cell Research Guidelines
August 24, 2010. Federal district judge Royce C. Lamberth of the U.S. District Court of Appeals for the District of Columbia has issued a preliminary injunction against guidelines for stem cell research supported by federal funds designed to implement President Obama's Executive Order 13,505 intended to support stem cell research. The court issued its preliminary injunction in Sherley v. Sebalius, Civ. No. 1:09-cv-1575 (RCL). Judge Lamberth found that there is a high likelihood that the guidelines will be found to violate the Dickey-Wicker Amendment adopted by Congress in 1996.
   Access the memorandum opinion.
   Access Executive Order 13,505.
   Access NIH Guidelines of April 23, 2009.

Ninth Circuit Holds Stay on District Court California Proposition 8 Gay Marriage Ruling
August 16, 2010. A panel of the U.S. Circuit Court of Appeals granted the motion for a stay pending the decision of the Court of Appeals of the order issued by the district court in its ruling striking down Proposition 8. For details and for the Ninth's Circuit's order on the stay, see the Civil Rights page of this website.

Congressional Oversight Panel Issues Report on Global Context and Effects of TARP.
August 12, 2010. The Congressional Oversight Panel creaed by the Troubled Assets Relief Program (TARP) legislation has released a report indicating that neither at the time of the original policy development nor since has their been sufficient attention to the global context of financial crises and the effects of policies adopted in response to them. The panel's report indicates that more attention should have been paid to these global factors before and certainly should be more actively addressed going forward.
   Access the COP report.

The U.S. Senate has Voted to Confirm the Nomination of Elena Kagan as an Associate Justice of the U.S. Supreme Court.
August 5, 2010. The Senate has voted 63 to 37 to confirm the nomination of Elena Kaga as an Associate Justice of the U.S. Supreme Court.
   Access the THOMAS record of the nomination and confirmation process.

District Court Rules on California Proposition 8 Gay Marriage Case
August 4, 2010. Chief Judge Vaughn R. Walker of the U.S. District Court for the Northern District of California has issued his findings of fact and conclusions of law in Perry v. Schwarzenegger, No. 3:09-cv-02292, the case challenging California's Proposition 8 banning gay marriage. The complaint alleged violations of the due process and equal protection clauses of the Fourteenth Amendment and 42 U.S.C. Section 1983. Judge Walker agreed. He concluded: "Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials sease enforcement of Proposition 8. . . . Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8." Slip opinion, at 136.
   Read Special Website for the case in the Northern District of California.
   Read the Findings of Fact and Conclusions of Law.

U.S. District Court for Arizona Rules on SB 1070 Injunction Request
July 28, 2010. The U.S. District Court for the District of Arizona had ruled today on the request for an injunction to block implementation of Arizona's SB 1070 which is scheduled to go into effect tomorrow. Judge Susan R. Bolton issued a preliminary injunction against parts of the legislation and let other portions stand, though this is only a preliminary injunction with further proceedings on the merits to follow. For full details on the portions of the statute enjoined and other information on the case, see the Civil Rights page of this website.

President Obama Signs Financial Reforms Bill
July 21, 2010. President Obama has signed H.R. 4173, the Dodd-Frank Wall Street Reform and Consumer Protection Act, which is now Public Law 111-203. The Senate had originally passed its version of the financial reform legislation championed by Senator Chris Dodd (D, Conn.) as the "Restoring American Financial Stability Act of 2010." The Senate actually adopted its legislation as an amendment in the nature of a substitute to the House bill H.R. 4173. That bill was originally pressed in the House side by Representative Barney Frank (D, Mass.) as the "Wall Street Reform and Consumer Protection Act."
   Access H.R. 4173 as it passed the House and Senate.

Center for Strategic and International Security Report Finds Human Capital Crisis in Cybersecurity
July 20, 2010. The Center for Strategic and International Studies (CSIA) has released a white paper entitled Human Capital Crisis in Cybersecurity that: "We not only have a shortage of the highly technically skilled people required to operate and support systems already deployed, but also an even more desperate shortage of people who can design secure systems, write safe computer code, and create the ever more sophisticated tools needed to prevent, detect, mitigate and reconsitute from damage due to system failures and malicious acts." p. 2.
   Access the pre-publication version of this white paper (July 16, 2010).

Justice Department Seeks Fifth Circuit Ruling in Deep Water Moratorium Case
July 7, 2010. The federal government has filed in the U.S. Circuit Court of Appeals for the Fifth Circuit a motion for a stay of the order issued by U.S. District Judge Martin L. C. Feldman of the Eastern District of Louisiana against the federally imposed moratorium on deep water drilling in the case of Hornbeck Offshore Services v. Salazar. For more information and all relevant documents see the Sustainable Development page of this website.

Department of Justice Files Suit Against Arizona's SB 1070
July 6, 2010. The United States Department of Justice has filed suit in the U.S. District Court for the District of Arizona, seeking to have Arizona's SB 1070 declared pre-empted by the Constitution and federal statutes as well as in violation of the Commerce Clause of the Constitution. For the complaint and brief in the cases, as well as documents in the other cases already filed against the Arizona law, go to the Civil Rights page of this website.

Supreme Court Extends Second Amendment Ruling to States
June 28, 2010. In an opinion by Justice Alito, the Supreme Court has applied the ruling it announced in 2008 in District of Columbia v. Heller, announcing that the Second Amendment provides an individual right to keep and bear arms, to the state and local governments throughout the nation. The ruling came in McDonald v. City of Chicago, a case challenging Chicago's gun control law. Justice Breyer issued a dissent joined by Justices Ginsburg and Sotomayor.
   Access the opinion.

Supreme Court Finds a Portion of Sarbanes-Oxley Law Violates Separation of Powers
June 28, 2010. Chief Justice Roberts wrote the opinion for the Court issued today in Free Enterprise Fund v. Public Company Accounting Oversight Board. As Roberts explained it: "the only issue in this case is whether Congress may deprive the President of adequate control over the Board, which is the regulator of first resort and the primary law enforcement authority for a vital sector of our economy. We hold that it cannot." He went on to write: "By granting the Board executive power without the Executive's oversight, this Act subverts the President's ability to ensure that the laws are faithfully executed -- as well as the public's ability to pass judgment on his efforts. THe Act's restrictions are incompatible with the Constitution's separation of powers." Slip opinion at 17. Justice Breyer issued a dissent joined by Justices Ginsburg and Sotomayor.
   Access the opinion.

Senate Judiciary Committee Begins Confirmation Hearings for Solicitor General Elena Kagan's Nomination to the Supreme Court
June 28, 2010. The Senate Judiciary Committee begins hearings today for President Obama's nominee U.S. Solicitor General Elena Kagan to replace Justice Stevens on the U.S. Supreme Court. Since she went through confirmation as Solicitor General only a year ago, the questionnaire she submitted at that time is available as are the published and webcast confirmation hearings. They are posted below. In addition, the Judiciary Committee has established a website with documents under consideration by the committee in connection with the nomination.
   Access the Judiciary Committee on the Kagan Nomination.
   Access the Questionnaire completed for the Supreme Court nomination and supporting documents.
   Read her testimony before the Judiciary Committee During Solicitor General Confirmation Hearings.
   Access Kagan's biographical sketch from Solicitor General website.
   Access the webcast of the Hearing on Ms. Elena Kagan's Confirmation for Solicitor General February 10, 2009.
   Access the Published Hearings on Ms. Elena Kagan's Confirmation for Solicitor General February 10, 2009.
   Read the Kagan Questionnaire submitted at the time of her Solicitor General nomination along with responses to written questions and letters submitted.
   Access the collection of Kagan documents and writings posted by the New York Times.

Supreme Court Rules Rejects Efforts to Block Disclosure of Petition Names
June 22, 2010. Writing for the Court in Doe v. Reed, a case that came from challenges to the application of Washington state's Public Records Act to initiative petitions, Chief Justice Roberts rejected assertions that disclosure of petitions, including the names of those signing the petition, would violate the First Amendment rights of those petition supporters. "The issue at this stage of the case is not whether disclosure of this particular petition would vilate the First Amendment, but whether disclosure of referendum petitions in general would do so. We conclude that such disclosure does not as a general matter violate the First Amendment, and we therefore affirm the judgment of the Court of Appeals. We leave it to the lower courts to consider in the first instance the signers' more focused claim concerning disclosure of the information on this particular petition, which is pending before the district court." Slip opinion at 2.
   Access the opinion.

Supreme Court Limits "Honest Services" Charges in Announcing Skillings Decision
June 22, 2010. The Supreme Court in an opinion by Justice Ginsburg, rejected long time Enron executive Jeffrey Skillings claim that his criminal case should be overturned because of an inability to get a fair trial, but vacated and remanded his conviction on other charges based on a narrower reading of the concept of "honest services" wire fraud than had been used by the lower courts. The case goes back to the lower court to see if his conviction on conspiracy and other charges can stand. "We therefore hold that Section 1346 covers only bribery and kickback schemes. Because Skilling's alleged misconduct entailed no bribe or kickback, it does not fall within Section 1346's proscription. Skillings v. United States, Slip Opinion, at 2.
   Access the Skillings v. United States.

U.S. District Court Issues and Injunction Against the Moratorium on Deep Water Drilling
June 22, 2010. U.S. District Judge Martin L. C. Feldman of the Eastern District of Louisiana has issued a preliminary injunction against the federally imposed moratorium on deep water drilling in the case of Hornbeck Offshore Services v. Salazar, Civ. No. 10-1663.
   Access the Order and Reasons.
   Access the Order.

Supreme Court Upholds Material Support to Terrorist Groups Statute as Applied to One Group, but Refuses to Rule a Wider Challenge to the Law
June 21, 2010. Writing for the majority in Holder v. Humanitarian Law Project, Chief Justice Roberts rejected the claim that the "Material Support" provisions of the Antiterrorism and Effective Death Penalty Act of 1996 were vague in violation of the Fifth Amendment or violated the First Amendment speech or association rights of the group that brought the challenge. The case was brought by an organization that has sought to teach nonviolent and lawful advocacy skills to groups that had been using armed conflict in order to bring them back from conflict to orderly and lawful political and legal activity. These activities would, according to all parties, place the organization in jeopardy of prosecution under the statute. The Court agreed that their activities could be subject to prosecution, but rejected their challenge to the law. However, Chief Justice Roberts added: "All this is not to say that any future applications of the material-support statute to speech or advocacy will survive First Amendment scrutiny. It is also not to say that any other statute relating to speech and terrorism would satisfy the First Amendment. In particular, we in no way suggest that a regulation of independent speech would pass constitutional muster, even if the Government were to show that such speech benefits foreign terrorist organizations. We also do not suggest that Congress could extend the same prohibitions on material support at issue here to domestic organizations. We simply hold that, in prohibiting the particular forms of support that plaintiffs seek to provide to foreign terrorist groups, Section 2339B does not violate the freedom of speech. . . . We hold that, in regulating the particular forms of support that plaintiffs seek to provide to foreign terrorist organizations, Congress has pursued that objective consistent with the limitations of the First and Fifth Amendments." Slip opinion at 34-36.
   Justice Breyer wrote a dissent joined by Justice Ginsberg and Sotomayor. He concluded: "In sum, these cases require us to consider how to apply the First Amendment where national security interests are at stake. When deciding such cases, courts are aware and must respect the fact that the Constitution entrusts to the Executive and Legislative Branches the power to provide for the national definse, and that it grants particular authority to the President in matters of foreign affairs. Nonetheless, this Court has also made clear that authority and expertise in these matters to not automatically trump the Court's own obligation to secure the protection that the Constitution grants to individuals. . . . Cf. Hamdi v. Rumsfeld . . . ('We have long since made clear that a state of war is not a blank check . . . when it comes to the rights of th[is] Nation's citizens.'). . . I believe the Court has failed to examine the Government's justifications with sufficient care. It has failed to insist upon specific evidence, rather than general assertion. It has failed to require tailoring of means to fit compelling ends. And ultimately it deprives the individuals before us of the protection the First Amendment demands." Breyer dissent slip opinion at 23.
    One interesting side note in the case is that a brief was submitted by a group of victims of the McCarthy era. It is posted below along with the other materials in the case.
   Access the Holder v. Humanitarian Law Project Opinion.
   Read the Brief for the Attorney General.
   Read the Brief for the Humanitarian Law Project.
   Access the Amicus Brief of Victims of the McCarthy Era.
   Access the Amicus Brief of the Constitution Project and the Rutherford Institute.
   Read the Supreme Court Oral Argument Transcript.
   Read the Ninth Circuit ruling in the case.

Supreme Court Rejects Illegal Search and Seizure Claim in Public Employee Text Messaging Case
June 17, 2010. The Supreme Court has issued its long awaited ruling in the City of Ontarion v. Quon, rejecting claims by the police officer and those who sent messages to him that the review of the transcripts of the texts sent and received on city equipment without a warrant and after assurances that the employees could use the devices for personal messages was not an unreasonable search in violation of the Fourth Amendment. For more information, see the Local Government page of this website.
   Access the City of Ontario v. Quon Opinon.

Supreme Court Rejects Florida Property Takings Claim
June 17, 2010. Although Justice Scalia, writing for the Court in Stop the Beach Renourishment v. Florida Department of Environmental Protection found that judicial decisions could be considered takings under the Fifth Amendment prohibition against taking of property without just compensation, he concluded that the Florida courts had not taken property from beachfront property owners in ruling against them with respect to challenges to beachfront protection property and development policies.
   Access the Stop the Beach Renourishment v. Florida Department of Environmental Protection opinion.

Clinton Library Releases Kagan Documents Ahead of Senate Judiciary Committee Confirmation Hearings.
June 12, 2010. The Clinton Library has released documents related to Elena Kagan from her time with the White House Counsel's Office, with respect to her appointment to the U.S. Court of Appeals for the D.C. Circuit, and concerning her work with the Domestic Policy Council. Those documents via the Clinton Library site are posted below.
   Access Office of White House Counsel documents .
   Access files related to D.C.Circuit appointment.
   Access Kagan White House Staff and Office Files Including Domestic Council.
   Access White House Office of Records Management (WHORM) subject file.
   Access Clinton Library Homepage.

Efforts Continue to Reinvigorate Administrative Conference of the United States
June 5, 2010. The Subcommittee on Commercial and Administrative Law of the House Judiciary Committee held hearings on May 20 on the efforts to reinvigorate the Administrative Conference of the United States. The ACUS was dismantled in 1995, but recreated legislatively in 2008. However, no new leader was appointed until Chairman Paul Verkuil was named in November 2009 and confirmed in March 2010.
   Access May House Judiciary Committee Hearings on ACUS.
   Read testimony of ACUS Chairman Paul Verkuil.
   Access testimony of Jeffrey Lubbers Former Research Diretor of ACUS.
   Access Testimony of Justice Stephen Breyer.
   Access the testimony of Justice Antonin Scalia.
   Access the Webcast of the Heating.

Financial Crisis Inquiry Commission Hearings Continue
June 3, 2010. The Financial Crisis Inquiry Commission is continuing with a series of hearings on the financial crisis of 2008 and after. The commission was created by Section 5 of the Fraud Enforcement and Recovery Act of 2009, P.L. 111-21. The statute explains that: "There is established in the legislative branch the Financial Crisis Inquiry Commission to examine the causes, domestic and global, of the current financial and economic crisis in the United States.
   Access The FCIC Website.
   Access P.L. 111-21.
   Access Staff and Commission Reports.
   Access the Hearings and Testimony before the Commission.

Supreme Court Strikes Life Without Parole for Juvenile Offenders in Other Than Homicide Case
May 17, 2010. The Supreme Court in an opinion by Justice Kennedy answered the question "whether the Constitution permits a juvenile offender to be sentenced to life in prison without parole for nonhomicide crime" in the negative today in Graham v. Florida, No. 08-7412. Justices Thomas, Scalia, and Alito dissented.
   Access the Graham v. Florida opinion.

Senate Debating Financial Regulation Bill
May 3, 2010. The Senate is currently debating and taking procedural votes with respect to S. 3217 entitled the Restoring American Financial Stability Act of 2010 introduced by Senator Chris Dodd (D-Conn.). The current version of the bill is provided below, however, there are reports that a recently negotiated set of amendments will be formally addressed soon.
   Read S. 3217 as debate began.
   Read the Amendment in the Nature of a Substitute as of April 29, 2010.
   Access the Work of the Financial Crisis Inquiry Commission.

Legal Challenges Launched Against Arizona's Controversial SB1070
April 30, 2010. The first reported suit to challenge the constitutional validity of Arizona's immigration enforcement bill, SB1070, has been brought by a Tucson police officer, Martin H. Escobar, in the U.S. District Court for Arizona. Officer Escobar alleges that the statute violates the First, Fourth, Fifth, and Fourteenth Amendments and is preempted by federal law. The Mexican American Legal Defense and Education Fund, the American Civil Liberties Unition, the ACLU of Arizona, and the National Immigration Law Center have also announced that they are filing suit to challenge the law. To access the text of the Arizona law as well as the Tucson officer's complaint go to the Civil Rights page of this website.

Supreme Court Issues Latest Church/State Ruling
April 29, 2010. The Supreme Court has issued its ruling in Salazar v. Buono, No. 08-472, which concerned a Latin cross placed on federal land in the Mojave National Preserve by the VFW as a memorial to soldiers killed in World War I. In an attempt to protect the memorial Congress included a provision in a Defense Appropriations Act for 2004 that transferred the land to private hands. The lower courts blocked the transfer, but the Supreme Court reversed and remanded the case to the U.S. Circuit Court of Appeals for the Ninth Circuit. While the opinion has attracted a great deal of attention, it is important to note that while Justice Kennedy wrote and opinion for the Court, it was joined in full by only one other member of the Court. Further, the opinion focuses primarily on the way in which the lower courts used their authority to issue the injunction in the case. Justices Scalia and Thomas joined only in the judgment and not the opinion. Alito concurred in the opinion except for the parts that led the Court to remand the case to the lower courts. Four members of the Court dissented, with Justice Stevens writing for three members of the Court and Justice Breyer presenting a separate dissent.
   Read the opinion.

Senate Committee Holds Hearings on Bank, Financial Regulator, and Rating Services Failures
April 27, 2010. The Permanent Subcommittee on Investigations of the Senate Homeland Security and Governmental Affairs has been holding hearings on the failure of Washington Mutual which had significant impacts on the Pacific Northwest as well as nationally. These hearings are part of a series of hearings on "Wall Street and the Financial Crisis." The April 13 hearing was on "The Role of High Risk Home Loans" and focused on WaMu and its operation. The April 16 hearings focused on the regulators and particularly on Office of Thrift Supervision and Federal Deposit Insurance Corporation. The April 23 hearing concerned the "The Role of Rating Agencies." The April 27 is on "Investment Banks" and particularly focuses on Goldman Sachs Group, Inc. The exhibits introduced into the record as well as the testimony of witnesses are provided below.
   Also, the Inspector General for the FDIC has issued a full report on its investigation of the FDIC failures in the WaMu failure.
   Access the prepared testimony by witnesses for April 13 hearing.
   Access the Exhibits introduced into the record.
   Access the prepared testimony by witnesses for April 16 hearing.
   Access the Exhibits for the April 16 hearing on the Regulators.
   Read the FDIC Inspector General Report.
   Access the testimony for the April 23 hearing.
   Access the Exhibits for the April 23 hearing on the Regulators.
   Access the Additional Exhibits for the April 23 hearing on the Regulators.
   Access the testimony for the April 27 hearings.
   Access the Exhibits for the April 27 hearing on the Regulators.

IRS Preparing to Remove Tax Exempt Status From Small Organizations that Assumed they were Exempt From Filing Requirements
April 23, 2010. The New York Times, in an article by Stephanie Strom, has called attention to a provision in federal law that will mean that large numbers of nonprofit organizations with revenue under $25,000 that had been exempt from IRA filing requirements will lose their tax exempt status if they filed for the past three years under a little known provision of a 2006 statute. The Pension Protection Act, P.L. 109-280 included those requirements and this year marks the end of the three year period. As an IRS press release explained, "The Pension Protection Act of 2006 requires that non-profit organizations that do note file a required information form for three consecutive years automatically lose their Federal tax-exempt status. This requirement has been in effect since the beginning of 2007." The IRS has established web pages and issued a press release earlier this year warning about the loss of status, but there are still likely to be significant impacts from the changed policy.
   Access the IRS webpage on small Nonprofit filing requirements.
   Read IRS Press Release Explaining Loss of Tax Exempt Status for Nonprofits Who Had Not Filed.
   Read IRS Explanations of Requirements for Small Nonprofits and Regular Files from P.L. 109-280.
   Read P.L. 109-280.

Supreme Court Finds Statute Aimed at Depictions of Animal Cruelty
April 21, 2010. The Supreme Court has issued an opinion written for an 8-1 majority by Chief Justice Roberts, striking down on a facial challenge a federal statute aimed at materials depicting animal cruelty. In United States v. Stevens, No. 08-769, the Court rejected claims by the government that this speech (not the conduct but the depiction of the conduct) was outside the protections of the First Amendment and found the statute overbroad and therefore in violation of the First Amendment's protections.
   Read the opinion.

Supreme Court Hears Argument in Police Officer Text Messaging Case
April 19, 2010. The U.S. Supreme Court heard argument today in City of Ontario v. Quon, No. 08-1332, which examines employer authority with respect to public employee text messaging. The case comes from the U.S. Circuit Court of Appeals for the Ninth Circuit. It concerns the city's actions accessing the private text messages sent by a police sergeant using a city text messaging system and raises Fourth Amendment questions about the limits, if any, on the city's ability to access text messages. The Ninth Circuit denied the city's request for a review en banc, but Judge Wardlaw issued a sharply worded opinion concurring in the denial of en banc review and responding to the dissent by Judge Ikuta to the ruling of the three judge panel. For briefs, oral argument transcript, and other materials, see the Local Government page of this website.

Senate Committee Holds Hearings on WaMu and Financial Regulator Failures
April 13, 2010. The Permanent Subcommittee on Investigations of the Senate Homeland Security and Governmental Affairs is holding hearings on the failure of Washington Mutual which had significant impacts on the Pacific Northwest as well as nationally. These hearings are part of a series of hearings on "Wall Street and the Financial Crisis." For more details, testimony, and related documents, see the Washington page of this website.

Justice John Paul Stevens Announces His Retirement
April 9, 2010. Justice John Paul Stevens has announced his retirement from the United States Supreme Court. He indicated in his letter that in order to allow time for appointment of his replacement, he will continue to serve through the remainder of the current term of the Court and will leave once it concludes its work this coming summer. The Court has released brief statements by the other justices, including retired Justices O'Connor and Souter, on Stevens' retirement.
   Read Justice Stevens' Retirement Letter.
   Access the Statements of the Other Justices on Stevens' Retirement.

EPA AND DOTProduce Greenhouse Gas Emissions Standards
April 1, 2010. The Environmental Protection Agency together with the Department of Transportation has issued a final rule controlling greenhouse gas emissions from vehicles under the Clear Air Act. This issue has been pending since the Supreme Court ruling during the George W. Bush administration mandating action by EPA under the Clear Act provisions. For more information and documents, see the Sustainable Development page of this website.

Federal District Court Rules Against Bush Era NSA Surveillance Program
April 1, 2010. Chief Judge Vaughn Walker of the United States District Court for the Northern District of California has issued a ruling in decision and order in Al-Haramain v. Obama, Case No. C 07-0109 VRW, rendered March 31, 2010. The decision came in a case seeking damages for surveillance of telephone conversation of the Al-Haramain Islamic Foundation and their attorneys, Wendell Belew and Asim Ghafoor, without a warrant in violation of the Federal Intelligence Surveillance Act. The Court rejected any claim by the government that the common law state secrets privilege could preempt the requirements of FISA. It found liability by the government, though the exact nature of the relief to be provided remains to be determined under Judge Walker's order.
   Access the Decision and Order.

State Attorneys General File Suit Challenging the Constitutionality of Federal Health Reform Legislation
April 1, 2010. The attorneys general of 13 states, led by the Attorney General of Florida, have filed suit in the United States District Court for the Northern District of Florida challenging the constitutional validity of the recently enacted federal health care legislation, the Patient Protection and Affordable Care Act. For information on the complaint and related documents, go to the Health Care, Disabilities, and Development page of this website.

Health Care Package Completed with Signing of Reconciliation Act
March 30, 2010. The president has now signed the Reconciliation Act of 2010 which contains additions and changes to the Patient Protection and Affordable Care Act, P.L. 111-148 (H.R. 3590) which was signed last week. The Reconciliation Act, H.R. 4872 also contains a number of key provisions on student loans. For all of the relevant documents go to the Health Care, Disabilities, and Development page of this website.

U.S. Government Indicts Malitia Members Allegedly Plotting Violent Attacks
March 29, 2010. The U.S. Attorney for the Eastern District of Michigan has announced an indictment, charging members of a malitia group with members in Michigan, Indiana, and Ohio of planning attacks on law enfocement officers with follow on improvised explosive devices at the funeral they expected would follow.
   Access the U..S. Attorney's Press Release.
   Read the Indictment.

President Signs Health Care Legislation
March 23, 2010. The president has signed into law H.R. 3590, The Patient Protection and Affordable Care Act, which was passed by Senate on December 24, 2009 and by the House on March 21, 2010. For details and information on the related Reconciliation Act of 2010, see the Health Care, Disabilities, and Development page of this website.

Senate Banking Committee Moves Dodd Financial Regulatory Bill to the Floor
March 23, 2010. The Senate Banking Committee voted yesterday to move the "Restoring American Financial Stability Act of 2010," a bill sponsored by Sentor Christopher Dodd (D., Conn.) to the Senate floor instead of having a prolonged markup session in committee. The bill, which is now in the form of a Chairman's Mark and more than 1,300 pages long, faces a string of amendments that have been promised by the minority party on the Senate floor. The committee has provided a summary of the bill for simple descriptive purposes.
   Access the Bill.
   Access the Committees Bill Summary.

House Passes Health Care Bills
March 22, 2010. The House voted 219 to 212to pass the Senate health care bill that had passed that body on Christmas Eve. The House also passed additions and changes to the health care plan in the context of the reconciliation act. The Senate bill, H.R. 3590, now goes to the president for signature. The Reconciliation Act of 2010, H.R.4872, which passed by a vote of 220 to 211, now goes to the Senate where it can pass with a majority vote.
   The Congressional Budget Office issued a spending and revenue estimate for the health care proposal in the Reconciliation Act on March 18 and a modifed version of the report on March 20. Both are posted below. For all of the relevant documents, go to the Health Care, Disability, and Development page of this website.

FDA Issues New Tobacco Regulations Under Recently Adopted Congressional Authority
March 19, 2010. The Food and Drug Administration has issued it new regulations on advertising and sales of tobacco products aimed at children. The new policy is formally entitled and described by FDA as: "Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents, the new rule restricts the sale, distribution, and promotion of these products to make them less accessible and less attractive to kids. Among other things, the rule prohibits the sale of cigarettes or smokeless tobacco to people younger than 18, prohibits the sale of cigarette packages with less than 20 cigarettes, prohibits distribution of free samples of cigarettes, restricts distribution of free samples of smokeless tobacco, and prohibits tobacco brand name sponsorship of any athletic, musical or other social or cultural events." (FDA press release.) This new rule is part of the implementation of the Family Smoking Prevention and Tobacco Control Act, P.L. 111-31, enacted in June of 2009. The act gives "authority to the Food and Drug Administration to regulate tobacco products under the Federal Food, Drug, and Cosmetic Act." Sec. 3. The rule is set to take effect on June 22.
   Access the final FDA rule.
   Access the Family Smking Prevention and Tobacco Control Act P.L. .
   Read the FDA press release on the new rules.
   Read the FDA website explanation of the new regulations.

FCC Issues National Broadband Policy Proposal
March 16, 2010. The Federal Communications Commission has submitted a national broadband plan to the Congress. In its report entitled Connecting America: The National Broadband Plan, the FCC found that: "Nearly 100 million Americans lack broadband at home, and 14 million Americans do not have access to broadband even if they want it. Only 42 percent of people with disabilities use broadband at home, while as few as 5 percent of people living on Tribal lands have access." The plan indicates and intention to address those and other related conditions
   Access the FCC National Broadband Plan.
   Access the Executive Summary of the Broadband Plan.
   Access the FCC News Release on the plan.

Common Core Standards Initiative Issues Draft K-12 Education Standards
March 10, 2010. A group created by the National Governors Association (NGA Center) and the Council of Chief State School Officers (CCSSO) called the Common Core Standards Initiative has released its draft K-12 education standards. Some forty-eight states, the District of Columbia, and three territories have joined in the process to create these standards which the Obama administration has already indicated may be helpful in creating nationwide evaluation standards. The CCSI will be taking public comments on the proposed draft through April 2.
   Access Draft Common Core Standards.
   Access the Common Core Standards Initiative Website.
   Access College and Career Readiness Standards.
   Access the U.S. Department of Education "Race to the Top" Website.

Supreme Court Rejects Challenges to Bankruptcy Abuse Prevention Law
March 10, 2010. The Supreme Court, in an opinion for the Court by Justice Sotomayor, has rejected a challenge against the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. A Court rejected and argument by the law firm that law firm the statute should not be read to include a lawyer or law firm within its regulation of a "debt relief agency." Second, the Court rejected the charge that the language of the statute was a violation of the First Amendment because it prohibits debt relief agencies from giving advice to their clients "to incur more debt in complation of" filing for bankruptcy. The case is Milavetz, Gallop & Milavetz v. United States, No. 08-1119.
   Access the opinion.

Obama Administration Announces Loan Guarantees for New Nuclear Plants
February 16, 2010. The president today announced that the federal government would provide $8.33 billion in loan guarantees to support development of two new nuclear power reactors at the Alvin W. Vogtle nuclear plant in Georgia. The loan guarantee program was originally part of the Energy Policy Act of 2005. The Department of Energy issued final rules for implementation of the program in December 2009.
   Read the President's statement on announcing the loan guarantees.
   Read the DOE press release on the loan guarantees.
   Access the final rules for the Loan Guarantees to Projects that Employ Innovative Technologies program.

Obama Administration Moves on Energy Policy by Presidential Directive
February 16, 2010. With the energy bill stalled in the Senate, President Obama is moving through presidential directive on the development of a carbon capture and storage (CCS) policy. He has issued presidential memorandum to the Secretary of State, Secretary of the Treasury, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Transportation, Secretary of Energy, Director of the OMB, Administrator of the EPA, Chair of the Federal Energy Regulatory Commission, Director of the Office of Science and Technology Policy, and the Chair of the Council on Environmental Quality, directing them to "develop within 180 days of the date of this memorandum a proposed plan to overcome the barriers to the widespread, cost-effective deployment of CCS within 10 years, with a goal of bringing 5 to 10 commercial demonstration projects online by 2016. The plan should explore incentives for commercial CCS adoption and address any financial, economic, technological, legal, institutional, social, or other barriers to deployment. The Task Force should consider how best to coordinate existing administrative authorities and programs, including those that build international collaboration on CCS, as well as identify areas where additional administrative authority may be necessary. The Co Chairs shall report progress periodically to the President through the Chair of the Council on Environmental Quality. . . ."
   Read the President's Memorandum.

House Joins Senate in Extending Debt Limit
February 4, 2010. The House of Representatives has joined the Senate in approving H.J. Res. 45 which raised the limit on the national debt to $14,294,000,000,000. The resolution also includes the "Statutory Pay-As-You-Go Act of 2010. As a joint resolution, H.J. Res. 45 goes next to the president for his action.
   Read H.J. Res. 45.

White House Announces FY2011 Budget Proposal
February 1, 2010. The White House has released the President's budget request for 2011. Along with the budget overview document, the White House has issued the traditional "Terminations, Reductions, and Savings" document, the Analytic Perspectives document which provides the economic and policy assumptions behind the budget, agency by agency fact sheets, and the Appendix which is the document that contains the very detailed information on agency budgets and funds.
   The so-called budget in brief documents which contain detailed program by program information for the Department of Health and Human Services, Department of Education, and the Environmental Protection Agency are also provided below.
   Although the administration has moved away from the PART program, it continues to maintain the PART documents online along with other sites established to announce spending and accountability information. These sites are provided below.
   Access the Web Page for the FY2011 Budget Overview with Links for Each Federal Agency.
   Download the FY 2011 Budget as a single .pdf document (7.4 MB).
   Access Agency by Agency Fact Sheets for the FY2011 Budget.
   Access Terminations, Reductions, and Savings for FY 2011.
   Access the Web Site for the FY2011 Budget Appendix -- All detailed information about agencies and funds.
   Access the Analytic Perspectives Document (economic and budget assumptions 10.3 MB).
   Access the U.S. Department of Education, Fiscal Year 2011 Budget Summary and Background Information.
   Access the U.S. Department of Health and Human Services, Fiscal Year 2011 Budget-in-Brief.
   Access the Environmental Protection Agency, Fiscal Year 2011 Budget-in-Brief.
   Access USASpending.gov
   Access Recovery.gov
   Access OMB PART Summary Ratings by Program.
   Access ExpectMore.gov for Detailed PART Assessments.

DOT Issues Regulatory Guidance on Text Messaging While Driving
January 27, 2010. The Secretary of Transportation announced an effort to stop texting while driving for commercial drivers. The action has been reported as a new policy, but it is presented as a guidance document on existing policy and is being published in the Federal Register as a "Notice of Regulatory Guidance." It remains to be seen whether it will be challenged as a substantive rule requiring full rulemaking procedures under the Administrative Procedure Act.
   Read the Guidance.
   Read the DOT Press Release.

Supreme Court Overrules Key Precedents Supporting Campaign Finance Regulation
January 21, 2010. The Supreme Court has issued it long awaited ruling in Citizens United v. Federal Election case that flowed out of a controversy over "Hillary: The Movie," a video created for distribution and viewing during the presidential primary campaign and supported by the group known as Citizens United. While the case is complex, involving both prohibitions on campaign messages supported by corporate funds and regulation as to disclosure and disclaimer requirements, perhaps most important in the opinion written by Justice Kennedy was the fact that the Court went well beyond the case as argued below to reach and overrule two key precedents supporting campaign finance regulation, Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990) and McConnell v. Federal Election Commission, 540 U.S. 93 (2003). The Court did not strike all of McConnell, a very large and complex decision, but a portion of it (Id. at 203-209). Justice Stevens wrote an opinion concurring in part and dissenting in part that was joined by Justices Ginsburg, Breyer, and Sotomayor. The first link below is to the final opinion of the Court. The other items are the previous postings on the case which provide the oral and written arguments in the case.
   The Supreme Court sat in special term in September to hear reargument in the very important campaign case entitled Citizens United v. Federal Elections Commission case, No. 08-205. It was also the first case in which Justice Sonia Sotomayor will participate.
   This case arose with respect to arguments about restrictions on the use of a film which the FEC blocked as a campaign activity and the group argued was a documentary protected by free speech. However, the case has taken on particular significance since the justices ordered the counsel in the case to address the question whether the Court should reverse existing precedents on campaign limitations. The order commands: "This case is restored to the calendar for reargument. The parties are directed to file supplemental briefs addressing the following question: For the proper disposition of this case, should the Court overrule either or both Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990, and the part of McConnell v. Federal Election Comm'n, 540 U.S. 93 (2003), which addresses the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002, 2 U.S.C. Section 441b." Miscellaneous Order, 6/29/2009, pp. 2-3. One measure of the expectations of the case is that the docket sheet shows that there have already been 57 briefs amicus curiae filed in the case.
   Read the Supreme Court Opinion.
   Access the first oral argument transcript.
   Access the September 2009 oral argument transcript.
   Access the audio of the reargument via OYEZ.
   Access the supplemental brief for Appellant.
   Access the supplemental brief for Appellee.
   Access the amicus curiae brief by Senator Mitch McConnell.
   Access the supplemental amicus curiae brief for Senators John McCain, Christopher Shays, and Former Representative Martin Meehan.
   Access the original amicus curiae brief for Senators John McCain, Christopher Shays, and Former Representative Martin Meehan.
   Access the docket sheet in the case.
   Access the Court's reargument order.
   Access the brief for Appellant.
   Access the brief for Appellee.

Justice Department Inspector General Issues Critical Report on Access to Phone Records
January 20, 2010. The Inspector General of the Justice Department has issued a critical lengthy report on abuses of the exigent letter process under the Patriot Act and other abuses of informal processes for accessing telephone records of Americans, including reporters.
   Read the report.

Supreme Court Rejects District Court Proposal to Broadcast California Proposition 8 Gay Marriage Trial
January 16, 2010. Acting very rapidly, the U.S. Supreme Court rejected a plan by the U.S. District Court for the Northern District of California to provide streaming video of the proceedings from trial in the California Proposition 8 case in other federal courts and later on the Internet. The Court issued a stay on Monday and followed with its per curiam opinion on Wednesday. Although it was an unsigned opinion for the Court, four justices, led by Justice Breyer, issued a sharply worded dissenting opinion. Justices Stevens, Ginsburg, and Sotomayor joined Breyer.
   Read the per curiam opinion issued by the Court on 1/13.
   Read the stay by the U.S. Supreme Court of the decision to broadcast the proceedings..

President Issues Memorandum to Acquire Illinois Prison for Guantanmo Detainees
January 10, 2010. The president has issed a presidential memorandum, directing the Attorney General to acquire the Thomson Correctional Center, currently an Illinois state prison, for use as a federal facility for Guantanmo detainees. For details and links to the memorandum and transfer evaluation order, do to the Post 9/11 Policy Actions link on this web page.

White House Releases Summary of Findings on Attempted Terrorist Attack
January 7, 2010. The White House has issued a summary of findings with respect to problems associated with anticipating and addressing the attempted terrorist attack on the Northwest Airlines flight on December 25, 2009.
   Read the White House Summary of Findings on the 12/25/2009 attempted terrorist attack.

Great Lakes States Battle Over Efforts to Block Invasive Asian Carp
January 3, 2010. The states of Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin have filed suit against Illinois and the Metropolitan Sanitary District of Greater Chicago, seeking to re a Supreme Court ruling on Great Lakes protection in order to address the apparent threat from the dramatic spread of the invasive species known as the Asian Carp. The existing decree that the complaining states seek to modify was first issued in Wisconsin v. Illinois, 388 U.S. 426 (1967), later modified in Wisconsin v. Illinois, 449 U.S. 48 (1980). The United States has intervened as a defendant in the case. For more information and links to all relevant documents, go to the Sustainable Development page of this website.

Alameda County Superior Court Judge Rules Against California Governor's Imposed State Worker Furloughs
January 1, 2010. Alameda County Superior Court Judge Frank Roesch has ruled against California Governor Arnold Schwarzenegger's imposed furloughs for state workers in a case brought by the Service Employees International Union, Local 1000. These furloughs resulted from two executive orders issued by the governor to address California's burgeoning debt problem. The first, E.O. S-16-08 called upon the Department of Personnel Administration to plan and prepare to implement two days of furloughs for state workers. In July, the governor issue E.O. S-13-09 which called upon DPA to plan and implement an additional day per month of furlough. The court ordered that the governor cease and desist from the mandated furloughs.
   Read the Opinion and Order.
   Read E.O. S-16-08.
   Read E.O. S-13-09.

President Issues Executive Order on Document National Security Classification
December 30, 2009. President Obama has issued a new executive order on national security classification of documents to replace earlier orders issued by the Clinton and George W. Bush administrations. The White House also issued an order that indicates who has authority for classification. It also issued a presidential memorandum on the implementation of the order.
   Access the Executive Order on Classified National Security Information.
   Access the Administrative Order on Original Classification Authority.
   Access the Presidential Memorandum, "Implementation of the Executive Order, 'Classified National Security Information.'"
   Access the Clinton EO 12958.
   Access the George W. Bush EO 13292.'"

Senate Passes Health Care Bill
December 24, 2009. The Senate approved H.R. 3590 by a vote of 60-39. The bill now goes to a long-awaited conference committee with House representatives. For more information and links, see the Health Care, Disabilities, and Development page of this website.

Congress Extends Debt Limit to New High
December 24, 2009. As it wrapped up the 1st Sess. of the 111th Congress, the Senate passed H.R. 4314 which extended the limit on the national debt to $12,394,000,000,000.
   Access H.R. 4314.

Department of Justice Releases Another Round of Documents on Interrogation of Detainees in ACLU suit.
December 23, 2009. Once again, the American Civil Liberties Union has posted a variety of documents released as a result of its FOIA suit against the government on interrogations. For the description and links to all of the documents, select the Post 9/11 Policy Actions button from the menu on this page.

White House Moves to Demonstrate Transparency But With Limits
December 16, 2009. In an effort to press its claims to dramatic change in transparency, the OMB has issued an Open Government directive concerning the release of data sets. A website, Data.gov has been launched as a portal to access the information. The Federal Chief Information Officer has followed up with discussion of the implementation of the directive. These actions follow on the January 21, 2009 open government presidential memorandum.
   The Attorney General and Secretary of Homeland Security have also released the report of the Presidential Task Force on Controlled Unclassified Information simply entitled Controlled Unclassified Information. The report recommends "a single, standardized framework for marking, safeguarding and disseminating sensitive but unclassified (SBU) information across the federal government." Press release. These actions followed from a May 2009 presidential memorandum.
   Read the Open Government Directive.
   Read the January 21, 2009 Presidential Memorandum on Transparency and Open Government.
   Read the Federal Chief Information Officers' December 16, 2009 White House statement on data disclosure .
   Access Data.gov.
   Read the White House Announcement of the Open Government Directive.
   Read the Press Release for the Presidential Task Force on Controlled Unclassified Information Releases Report, December 16, 2009.
   Read the Controlled Unclassified Information.
   Read the Presidential Memorandum on the Presidential Task Force on Controlled Unclassified Information Releases.

FTC Moves Against Intel for Alleged Anti-Trust Violations
December 16, 2009. The Federal Trade Commission has filed a administrative complaint against Intel corporation.
   Read the FTC Administrative Complaint.

Supreme Court to Hear a Case on Police Officer Text Messaging
December 14, 2009. The U.S. Supreme Court has agreed to hear the City of Ontario v. Quon, No. 08-1332. The case comes from the U.S. Circuit Court of Appeals for the Ninth Circuit. It concerns the city's actions accessing the private text messages sent by a police sergeant using a city text messaging system and raises Fourth Amendment questions about the limits, if any, on the city's ability to access text messages. For more information and links to the lower court opinions, see the Local Government page of this website.

House Passes Financial Regulation Bill
December 11, 2009. THe House of representatives has passed H.R. 4173, The Wall Street Reform and Consumer Protection Act of 2009 by a vote of 223 to 202. House Financial Services Committee Chair Barney Frank (D, MA) moved this legislation, consolidating a number of regulatory efforts aimed at financial institutions to the floor for debate.
   Read the Bill.

Federal Court Judge Holds the United States in Contempt of Court in Guantanamo Case
December 11, 2009. U.S. Federal District Judge Gladys Kessler has issued a memorandum order, finding that: "On this record there is no question that there is clear and convincing evidence that the Government has violated a clear and unambiguous Court Order. Therefore, this Court now holds the United States Government in civil contempt." Al-Adahi v. Obama, Civil Action No. 05cv-280 (GK), slip opinion at 4. The problem arose in connection with a habeas corpus proceeding involving a Guantanamo Bay detainee. Specifically, Judge Kessler "ORDERED, that the United States Department of Defense hereby adjudged and decreed to be in civil contempt of Court for failing to comply with this Court's Order of June 19, 2009, directing Respondents to videotape Petitioner's testimony at the Merits Hearing in this case, and then to redact and maintain a copy of that recording." Id. at 8. Among other things she ordered that a copy of the transcript of his testimony be posted on the United States District Court Public Information Page for Guantanamo Bay Cases.
   Read the Memorandum Order.
   Access the United States District Court Public Information Page for Guantanamo Bay Cases .

Supreme Court Hears Argument in Challenging the Constitutional Validity of the Public Company Accounting Oversight Board
December 8, 2009. The Supreme Court has heard oral argument in a case challenging the Public Company Accounting Oversight Board created by the Sarbanes/Oxley legislation of 2002 that followed major corporate accounting scandals. The petitioners in No. 08-861, Free Enterprise Fund v. Public Company Accounting Oversight Board, challenged the provisions of the statute that created the PCAOB as a violation of the separation of powers. However, if successful, the challenge could provide a foundation for challenges to independent regulatory bodies more generally.
   Read the oral argument transcript.
   Access the Petitioner's Brief.
   Access the Respondent PCAOB Brief.
   Access the Respondent U.S. Brief.

Supreme Finds Failure to Address Post-Military PTSD Was Part of Failure of Counsel in Death Penalty Case
December 4, 2009. The Supreme Court issued a per curiam ruling in Porter v. McCollum, No. 08-1053 on November 30, reversing the Elventh Circuit and finding that there had been a failure to provide adequate counsel in the penalty phase of a capital case in part because of the failure of the defense lawyer to present evidence of Post Traumatic Stress Syndrome due to military service. The defendant had seen multiple extreme combat situations in Korea and suffered from PTSD thereafter. There were other factors cited by the Court that demonstrated failure of counsel, but the PTSD was a centerpiece of the opinion.
   Read the Opinion.

Senate Foreign Affairs Staff Report on Effort to Find Osama bin Laden
November 29, 2009. A Senate Foreign Affairs majority staff report addresses the failure to find Osama bin Laden in the Tora Bora mountains in following the U.S. attack on the Taliban regime in Afghanistan. See the Post 9/11 Policy Actions link on this page.

Federal District Court Issues Major Opinion on Katrina Canal Breaches and Corps of Engineers Reponsibility
November 19, 2009. Judge Stanwood R. Duvall, Jr., of the U.S. District Court for the Eastern District of Louisiana has issued a major ruling in the complex litigation brought to demonstrate liability on the part of the U.S. Corps of Engineers and seeking damages for the management of canal and levee system that failed during hurricane Katrina. In his findings of fact, Judge Stanwood concluded: "[T]he Court finds that the Corps' negligent failure to maintain and operate the MRGO properly was a substantial cuase for the fatal breaching of the Reach 2 Levee and the subsequent catastrophic flooding of the St. Bernard Polder occurred. This Court is utterly convinced that the Corps' failure to provide timely foreshore protection doomed the channel to grow to two to three times its design width and destroyed the banks which would have helped to protect the Reach 3 Levee from the front-side wave attach as well as loss of height. In addition, the added width of the channel provided an added fetch which created a more forceful frontal wave attack on the levee. Slip opinion at 88. "Clearly, the Corps failed to maintain and operate the MRGO in a manner so as not to be a substantial factor in the destruction of the Reach 2 Levee. In addition, it failed to take action that it could have taken to place foreshore protection using the very operation and maintenance funds which to be sufficient to fund these actions in the 1990s. Instead, it ignored the safety issues for the inhabitants of the region and focused solely on the maritime clients it services so well. Furthermore, the Corps failed to inform Congress of the dangers which it perceived and/or should have perceived in the context of the environmental damage to the wetlands caused by the operation and maintenance of the MRGO; in no manner can that decision be shielded by the discretionary function exception." Id. at 120-121. The Court went on to award damages for the four of the plaintiffs but ruled for four of the plaintiffs but ruled in favor of the government with respect to two others. Id. at 155-156. The question remains whether there wil then be additional claims.
   Read the opinion in In re Katrina Canal Breaches.
   Access Eastern District of Louisiana Website on Katrina Canal Breaches Consolidated Litigation.

New York Attorney General Files Major Antitrust Action Against Intel
November 4, 2009. New York Attorney General Andrew Cuomo has filed a major antitrust suit against Intel Corporation in U.S. District Court for Delaware alleging that the computer chip maker "used threats and coercion, brining and bullying to preserve its market dominance." New York v. Cuomo, Complaint, at 3.
   Read the complaint.
   Access the New York Attorney General's press release on the case.

House Financial Services Committee Takes Up Another Part of Its Response to Market Failures
October 28, 2009. The House Financial Services Committee will take up another piece in the package of legislation that it has developed in response to the market collapse of 2008 with hearings tomorrow on "Systemic Regulation, Prudential Matters, Resolution Authority and Securitization." The Secretary of the Treasury and Chairman of the Financial Services Committee yesterday released a preliminary draft of the legislation to address this topic.
   The hearings on the Systemic Regulation proposal comes as the committee has completed markup and has voted to send a set of consumer protection bills to the floor with the support of the committee. The bills include the H.R. 3126 the Consumer Financial Protection Agency Act of 2009, H.R. 3763 which is the CARD Reform for Consumers Act of 2009, H.R. 3639, the Expedited CARD Reform for Consumers Act of 2009, and H.R. 3795, Over-the-Counter Derivatives Markets Act of 2009. The committee has also sent forward H.R. 3818, the Private Fund Investment Advisers Registration Act, introduced by Congressman Paul E. Kanjorski (D-PA). The committee is scheduled to vote today on H.R. 3817, the Investor Protection Act and H.R. 3890, the Accountability and Transparency in Rating Agencies Act which are expected to pass and go on for a vote of the House. These bills follow in the wake of abuses brought to light over the past year. These bills also follow hearings held in July.
   Access House Financial Services Committee Hearing Page for Systemic Regulation, Prudential Matters, Resolution Authority and Securitization.
   Access House Financial Services Committee Press Release on the Systemic Regulation, Prudential Matters, Resolution Authority and Securitization with preliminary parts of the legislation proposal.
   Read H.R. 3818.
   Read H.R. 3817.
   Read H.R. 3890.
   Access H.R. 3763.
   Access H.R. 3639.
   Access H.R. 3795.
   Access H.R. 3126.
   Access House Financial Services Committee Markup Page.
   Access House Financial Services Committee Hearings Page.

Senate Environment and Public Works Committee Holds Hearings on Kerry-Boxer Energy Bill
October 27, 2009. The Senate Environment and Public Works Committee is holding hearings on the S. 1733 Clean Energy Jobs and American Power Act, also known as the Kerry-Boxer Bill. This follows the passage in the House of the Waxman-Markey bill H.R. 2454. For more information and documents see the Sustainable Development page of this website.

TARP Special Inspector General Issues Report to Congress
October 21, 2009. The Special Inspector General for the Trouble Assets Relief Program has issued its October 2009 report to Congress. The report begins by noting success and then addresses three types of costs that are worthy of Attention. "More than a year has now passed since the Emergency Economic Stabilization Act of 2008 ("EESA") authorized creation of the Troubled Asset Relief Program ("TARP"), and preliminary assessments of TARP -- both its effectiveness and its costs -- can begin to be made. As to effectiveness, there are significant signs of improvement in the stability of the financial system. . . . On the cost side of the ledger, although it will take many years to assess all of the costs associated with TARP, financial and otherwise, this report begins to categorize them. It is useful to analyze any Government intervention in the market like TARP against three distinct types of cost: the financial cost to the taxpayerss; the "moral hazard" damage to market incentives created by Government intervention; and a cost that has received scant attention thus far -- the impact on Government credibility due to the failure to explain what isbeing done with billions of taxpayer dollars transparently and forthrightly. The part year has demonstrated that TARP's costs, in each category, could prove to be substantial.
   Read the SIGTARP October 2009 Report to Congress.
   Read the SIGTARP April 2009 Report to Congress.
   Read S. 383.
   Access the TARP Special Inspector General Website.

With Approval by Ireland, the Lisbon Treaty Moves Forward
October 7, 2009. Ireland is the latest to approve the Lisbon Treaty (formally the "Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007") which is the latest round of amendments to the EU governing institutions. The EU has also published a "Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union." For these and other EU documents see the following postings.
   Access the Consolidated version.
   Access the Treaty of Lisbon.
   Access European Union Law "Eur-Lex"

U.S. EPA Announces Greenhoue Gas Reporting Rule and Proposes Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rules
October 3, 2009. The U.S. EPA has issued a final rule creating a greenhouse gas reporting system and also just announced a proposed rule aimed a limiting greenhouse gas emissions. For details and links to the documents see the Sustainable Development page of this website.

Executive Order Bans Text Messing While Driving for Federal Employees
October 3, 2009. President Obama has issued an executive order that prohibits federal employees from text messaging while driving federal vehicles or driving private vehicles on official business. The order also encourages, though it does not require, federal contractors to bar texting by their employees as well. Section 4 of the order provides: "Each Federal agency, in procurement contracts, grants, and cooperative agreements, and other grants to the extent authorized by applicable statutory authority, entered into after the date of this order, shall encourage contractors, subcontractors, and recipients and subrecipients to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or GOV, or while driving POV when on official Government business or when performing any work for or on behalf of the Government."
   Read the Order.

Baucus Bill Moves to Markup
September 29, 2009. The debate in markup of the health care proposal offered by the Chair of the Senate Finance Committee Max Baucus (D-MT) entitled the America's Healthy Future Act of 2009 is still in process. For the relevant documents and links to the video of the markup, please see the Health Care, Disability, and Development page of this website.

Congress Passes Continuing Resolution to Maintain Government Operations in an Unusual Manner
September 26, 2009. Congress yesterday adopted the conference committee report to accompany H.R. 2918 which was the appropriations bill for the legislative branch. However, the Congress dealt with the need for a continuing resolution to cover the rest of government spending as the new fiscal year begins on October 1 by adding Division B to the conference report of the bill (Rpt. 111-265). It provides for continuing expenditures at the current rate. Section 106 provides that "Unless otherwise provided for in this joint resolution or in the applicable appropriations Act for fiscal year 2010, appropriations and funds made available and authority granted pursuant to this joint resolution shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation for any project or activity provided for in this joint resolution; (2) the enactment into law of the applicable appropriations Act for fiscal year 2010 without any provisions for such project or activity; or (3) October 31, 2009.
   Read the Conference Report.

D.C. Circuit Rules in EMILY's List Campaign Finance Case
September 10, 2009. A panel of the U.S. Circuit Court of Appeals for the D.C. Circuit has struck down Federal Election Commission rules covering certain aspects of the operation of non-profit advocacy organizations known as "527s". The case was brought by EMILY's List, charging that the rules developed after the 2004 elections violate the First Amendment. The D.C. Circuit concluded that: "the First Amendment, as the [Supreme] Court has construed it, safeguards the right of citizens to band together and pool their resources as an unincorporated group or non-profit organization in order to express their views about policy issues and candidates for public office. We agree with EMILY's List that the new FEC regulations contravene those principles and violate the First Amendment.
   Read the Opinion.

Public Law, Policy, and Public Administration Archive Entries Available
September 8, 2009. It is that time of the year when it is necessary to remove older information from the site. The "What's New" section has been edited to remove information before August 2008. However, since some users of the site find the older entries of continuing interest, those entries have been placed in a "What's New -- Archives" page that can be accessed from this page. See the menu at the top of the page.

Court of Appeals Rejects Ashcroft Claim of Immunity in Material Witness Abuse Case
September 5, 2009. A Ninth Circuit panel has rejected claims to absolute or qualified immunity by former Attorney General Ashcroft in a suit brought by an American citizen arrested and detained under a material witness warrant. Al-Kidd v. Ashcroft, CV-05099983-EJL. Circuit Judge Milan D. Smith, Jr. wrote for the panel: "Sadly, however, even nor, more than 217 years after the ratification of the Fourth Amendment to the Constitution, some confidently assert that the government the power to arrest and detain or restrict American citizens for months on end, in sometimes primitive conditions, not because there is evidence that they have committed a crime, but merely because the government wishes to investigate them for possible wrongdoing, or prevent them from having contact with others in the outside world. We find this to be repugnant to the Constitution, and a painful reminder of some of the more ignominious chapters of our national history. Slip opinion at 12325.
   Read the Opinion.

S.E.C. Inspector General Issues Critical Report in the Madoff Matter
September 3, 2009. The Inspector General for the Securities and Exchange Commission has issued a report entitled Investigation of Failure of the SEC to Uncover Bernard Madoff's Ponzi Scheme. The executive summary is available now with the full report to follow. The Chair of the S.E.C. has issued a statement in response to the report and has released a set of corrective actions that she indicates were in development prior to the report.
   Read the Report Executive Summary.
   Read the S.E.C. Chair statement.
   Read the S.E.C. Corrective Actions Document.

CIA Inspector General Releases Report on Detainee Interrogations
August 25, 2009. The CIA Inspector general report on detainee interroga3tions has been released. The report entitled "Counterterrorism Detention and Interrrogation Activities," was prepared in May 2004, but was required to be released with less material redacted due to a FOIA suit by the American Civil Liberties Union. There are also several related documents that were also released.
   Read the CIA Inspector General Report via NY Times.
   Read the CIA Inspector General Report via ACLU.
   Read the March 7, 2003 CIA business plan discussing RDI program.
   Read the January 31, 2003 Draft psychological assessment of Abu Zubaydah.
   Read the November 20, 2002 Spot report discussing interrogation of al-Nashiri.
   Read the July 24, 2002 Draft psychological assessment of Abu Zubaydah.
   Read the Undated certification sheet used in interrogation training.
   Read the Undated blank "Enhanced Pressures" sheet used for waterboard training.
   Read the July 17, 2003 Interview with a senior CIA officer regarding CIA RDI program.
   Read the January 22, 2003 Email with attachment spot report regarding interrogation of al-Nashiri.
   Read the CIA Director's Message to Employees on Release of the Report.

Attorney General and Task Force React to Interrogation Abuses
August 25, 2009. Attorney General Eric Holder has announced a report by the Special Task Force on Terrogations and Transfer Policies. In response to that report, the CIA IG report, and the report of the Office of Professional Responsibility, he has also announced the appointment of Assistant United States Attorney John Durham to investigate. Holder said: "Durham was appointed in 2008 by then-Attorney General Michael Mukasey to investigate the destruction of CIA videotapes of detainee interrogations. During the course of that investigation, Mr. Durham has gained great familiarity with much of the information that is relevant to the matter at hand. Accordingly, I have decided to expand his mandate to encompass this related review."
   The Justice Department also released additional memoranda prepared by the Department of Justice on interrogations. For the full set of such memoranda released to date, go to the Post 9/11 Policy Actions part of this webpage.
   Read the DOJ Announcement of the report of the Special Task Force on Interrogations and Transfer Policies.
   Read Attorney General's Announcement of Investigation Into Detainee Treatment.

U.S. District Court Rules Against Treasury Department Seizure Action
August 19, 2009. Chief Judge James G. Carr of the U.S. District Court for the Northern District Ohion has issued a ruling in Kindhearts for Charitable Humanitarian Development v. Geithner, Case No. 3:08CV2400, which challenged the Treasury Departments blocking actions against the charity Kindhearts under Executive Order 13224. The judge found that the actions violated the Fourth Amendment, due process, and that they were arbitrary and capricious.
   Read Judge Carr's Opinion and Order.

U.S. Attorney Files Criminal Charges in Massive Hacker Attack Case
August 18, 2009. The U.S. Attorney for the District of New Jersey has released an indictment against a Mr. Albert Gonzalez and two unnamed hackers allegedly located "in or near Russia." The indictment alleges that the defendants conspited to hack into and take credit and debit card information to be sold from massive data sources.
   Access the indictment.

Congressional Oversight Panel Reports that Banks Still Face Significant Dangers
August 11, 2009. The Congressional Oversight Panel established by the Troubled Assets Relief Program (ARP) has issued its latest report which indicates that many banks still face significant risks from potentially risky loans and continued and perhaps growing inability to repay by those who are now and or are likely to be unemployed in the months ahead. The report is entitled The Continued Risk of Troubled Assets. (NOTE: This site has had some difficulty with the file this morning and the file may be unavailable while the problem is being fixed.)
   Access the report.
   Access the Congressional Oversight Panel website.

Sonia Sotomayor Takes Oath as Associate Justice of the U.S. Supreme Court
August 8, 2009. Chief Justice Roberts administered the judicial oath to Justice Sonia Sotomayor today. The U.S. Senate voted 68-31 to confirm the nomination of Judge Sonia Sotomayor of the United States Court of the Appeals for the Second Circuit as an Associate Justice of the United States Supreme Court. .
   Access the webcast and and other materials for the Senate confirmation hearings.
   Access the witness lists for the hearing.
   Access Judge Sotomayor's Submissions, Opinions, and other Documents.
   Access the papers from the Clinton Library.
   Access the papers from the Bush Library.
   Access the ABA rating statement.

Supreme Court Activity

Judge Sonia Sotomayor's Confirmation Hearings for Supreme Court Post Scheduled and Documents Published by Senate Judiciary Committee
June 18, 2009. Senator Patrick Leahy, Chair of the Senate Judiciary Committee, has announced that confirmation hearings on the nomination of Judge Sonia Sotomayor of the United States Court of the Appeals for the Second Circuit as an Associate Justice of the United States Supreme Court will begin on July 13. The committee has also announced that the hearings will be available live as a webcast.
   The Judiciary Committee has posted a large number of documents, including the questionnaire completed by Judge Sotomayor. The record available on the site includes the questionnaire, speeches, writings, and the record of her prior confirmation proceedings.
   Access Judge Sotomayor's Submissions.
   Read the Judiciary Committee announcement on the hearings.

New Materials Provide More of a Picture of Judge Samuel A. Alito
November 30, 2005. The nomination of Judge Samual A. Alito to succeed Justice Sandra Day O'Connor is attracting renewed attention now that more documents are available to supporters and critics of President Bush's choice. In particular, Alito's responses to the Judiciary Committee's questionnaire are now available as are materials recently released from other sources concerning his service during the Reagan administration. Currently a Judge of the U.S. Circuit Court of Appeals for the Third Circuit based in Philadelphia, a website has been developed by the Washington Post with some of his opinions and other documents.
   Read a Alito's Responses to Judiciary Questionnaire.
   Read a Brief Federal Judicial Center Bio Statement on Judge Alito.
   Read Alito opinion summaries via the Washington Post site.

Chief Judge John Roberts Begins New Term of Court After Confirmation
October 4, 2005. After the Senate Judiciary Committee and the full Senate voted to recommend confirmation of John G. Roberts, Jr. to replace William Rehnquist as Chief Justice of the United States. He has taken his seat and begun the October 2005 term. For those interested, there are sites with useful information on the new Chief Justice. The New York Times has published a transcript of the Judiciary Committee debate. See the link below. The hearings for his nomination to the D.C. Circuit are available at the links indicated below. Also, the New York Times has provided links to judicial opinions authored by Judge Roberts on the D.C. Circuit and a link to that New York Times resource is provided below. There are also links to his responses to Senate Judiciay Committee questions which include discussions of his litigation history, biographical information, and his current financial statement.
   Visit New York Times Transcript of Judiciary Committee Debate.
   Read the Congressional Hearings on his D.C. Circuit Nomination in 2003, Part I
   Read Part III of the Hearings
   Visit New York Times resource on Roberts opinions.
   Read Part I of Roberts' Responses to Judicial Committee Questions, via the New York Times link.
   Read Part II Roberts' Responses to Judicial Committee Questions, via the New York Times link.

The White House

White House Announces FY2012 Budget Proposal
February 14, 2011. The White House has released the President's budget request for FY 2012. Along with the budget overview document, the White House has issued the traditional "Terminations, Reductions, and Savings" document, the Analytic Perspectives document which provides the economic and policy assumptions behind the budget, agency by agency fact sheets, and the Appendix which is the document that contains the very detailed information on agency budgets and funds.
   The so-called budget-in-brief documents which contain detailed program by program information for the Department of Health and Human Services, Department of Education, and the Environmental Protection Agency are also provided below.
   Access the Web Page for the FY2012 Budget Overview with Links for Each Federal Agency.
   Download the FY 2012 Budget as a single .pdf document.
   Access Agency by Agency Fact Sheets for the FY2012 Budget.
   Access Terminations, Reductions, and Savings for FY 2012.
   Access the Web Site for the FY2012 Budget Appendix -- All detailed information about agencies and funds.
   Access the Analytic Perspectives Document (economic and budget assumptions).
   Access the U.S. Department of Education, Fiscal Year 2012 Budget Summary and Background Information.
   Access the U.S. Department of Health and Human Services, Fiscal Year 2012 Budget-in-Brief.
   Access the Environmental Protection Agency, Fiscal Year 2012 Budget-in-Brief.
   Access USASpending.gov

Transition Resources Grow with Addition of Obama Administration Transition Website and Others
November 8, 2008. The range of transition materials that are now available is increasing rapidly, most recently with the addition of the Obama transition team website. The link is provided below.
   The Presidential Transition Act of 2000 (P.L. 106-293) called upon the General Services Administration and the National Archives to cooperate on the development and operation of a presidential transition website. The link is provided below.
   The Senate Committee on Homeland Security and Governmental Affairs has produced the 2008 edition of United States Government Policy and Supporting Positions, better known as the "Plum Book," which lists the positions requiring political appointment. The link is provided below.
   There are a number of other resources available. President Bush issued an executive order on October 9 entitled "Facilitation of a Presidential Transition" which identifies responsibilities for members of the current administration. In late September, the Subcommittee on Government Management, Organization, and Procurement held hearings entitled "Passing the Baton: Preparing for Presidential Transition." The White House Transition Project, which is not a governmental organization, but an organization that seeks to be a clearing house for transition information, maintains a website with materials on transition. Access these items at the links below.
   The U.S. Government Accountability Office has created a new transition resource which is a website aimed at indentifying key issues and challenges for the presidential and congressional transitions. The page provides information on what GAO considers urgent issues, agency by agency issue agendas, management challenges, long term fiscal challenges, and suggested areas for cost-cutting.
   Access the Obama transition website
   Read the Executive Order on "Facilitation of a Presidential Transition."
   Access the witness list and prepared statements for the House Subcommittee on Government Management, Organization, and Procurement hearing "Passing the Baton: Preparing for the Presidential Transition."
   Access the White House Transition Project Website. NOT A GOVERNMENTAL SITE
   Access the GAO Transition Website
   Access the GSA Transition Website
   Access the "2008 Plum Book."

ABA House of Delegates Adopts Report of the Task Force Critical of Abuses of Presidential Signing Statements
August 8. 2006 The American Bar Association House of Delegates approved the report of the Task Force on Presidential Signing Statements and the Separation of Powers. The report examined abuses of presidential signing statements and called for change in the behavior from the White House, action by Congress to defend the separation of powers, and the availability of judicial review.
   Read the ABA Task Force Report Adopted as Resolution 304. THIS COPY HAS FORMAT ERRORS CREATED WHEN UPLOADED TO THE WEB.
   Read the original ABA Task Force Report.
   View the ABA House of Delegates Debate.

Constitution Project Issues Statement Critical of Abuse of Presidential Signing Statements
June 27, 2006. The bipartisan Contitution Project's Coalition to Defend Checks and Balances issued a statement that was presented to Senator Spector at the time of Senate hearing on signing statements critical both of the White House for its use of signing statements and of the Congress for failure to address the problems. The statement begins: "We are members of the the Constitution Project's Coalition to Defend Checks and Balances. We are former government officials and judges, scholars, and other Americans who are deeply concerned about the risk of permanent and unchecked presidential power, and the accompanying failure of Congress to exercise its responsibility as a separate and independent branch of government." The group also provided a memorandum on the subject that supported the statements prepared by attorneys at Covington & Burling. The memorandum by David H. Rmes, Gerard J. Waldron, anf Shannon A. Lang, is entitled "Presidential Signing StatementsL Will Congress Pick Up the Gauntlet?
   Read Constitution Project Statement on Presidential Signing Statements.
   Read the Covington & Burling Memorandum on Signing Statements.

Battles Take Shape Over Presidential Signing Statements
January 5, 2006. After announcing that the White House had reached a compromise with Senators led by John McCain (R-AZ) on prohibition of torture of subjects in U.S. control, the White House has issued a presidential signing statement that effectively says the White House reserves the power to make exceptions to the language of the statute. That same signing statement on the DOD appropriations bill, issued December 30, rejects the stipulation added by Senator Carl Levin (D-MI) that would leave active pending judicial challenges brought by detainees at Guantanamo. The Justice Department has announced its intentions to move to stop all pending cases. At about the same time, the Washington Post published a piece indicating that Samuel Alito wrote a memorandum supporting the use of presidential signing statements while in the Reagan Justice Department in February of 1986 which appears likely to lead to further questions about the Supreme Court nominee's views on separation of powers at the confirmation hearings scheduled to begin on Monday. Senator Levin issued a press release denouncing the signing statement and the administration's stated intention to move to stop pending Guantanamo case. Senators McCain and Warner also issued a brief statement reacting to the signing statement escape clause with respect to the anti-torture provisions. At the suggestion of some of those interested, I include a link to my article in the Presidential Studies Quarterly on signing statements in the Bush II administration.
   Read the Alito Memorandum.
   Read the Presidential Signing Statement on H.R.2863.
   Read the Levin Response to the Signing Statement.
   Read the McCain and Warner Response.
   Access Phillip J. Cooper, George W. Bush, Edgar Allan Poe, and the Use and Abuse of Presidential Signing Statements.

Bush Administration Moves to Constrain Alternatives to Standard Regulations
January 3, 2006. Quiety, just before the holidays, the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) issued a "Proposed Bulletin for Good Guidance Practices" which sets out procedural requirements for the issuance of guidance documents issued by administrative agencies. Since this White House and its recent predecessors have made the rulemaking process increasingly burdensome, a number of agencies have sought to use various types of guidance documents to meet their statutory obligations and enhance effective implementation of policy without becoming bogged down in rulemaking constraints under existing executive orders and OMB regulatory review processes. The proposed bulletin would effectively require a process like notice and comment rulemaking with regulatory analysis and review a requirement for guidance documents as well as substantive rules. The proposed bulletin was posted the day before Thanksgiving with comments required two days before Christmas. The comment period has since been extended to January 9.
   Read the Proposed OMB Bulletin on Guidance Documents
   Access the OIRA regulatory affairs site

The Congress

Thomas Provides Information on FY 2009 Appropriations Legislation
    NOTE: At this point, the chart still provides the information on the FY08 appropriations, but it will be updated shortly to reflect the pending bills for FY09. See also the FY2009 first budget resolution below.
   Check Reference Information on FY2009 "Appropriations Legislation."

Congress Passes FY2009 First Budget Resolution
July 1, 2008.Congress has adopted the first budget resolution, S. Con. Res. 70 setting targets for the Fiscal 2009 appropriations bills.
   Read the Budget Resolution.

Fiscal Year 2008 Budget Passed As Consolidated Appropriations Bill
January 10, 2008. The Congress passed and President Bush has signed a lengthy consolidated appropriations bill to address the large number of unresolved appropriations bills for FY2008 still pending at the end of December. (Note: This is a large file, over 600 pages in document length.)
   Access P.L. 110-161.

Public Law Resources

The United States Supreme Court
   (Docket, Briefs, Oral Arguments, Opinions)
   Access the Supreme Court Homepage

Court of Appeals and District Court Opinions
   The Legal Information Institute Cornell University
   http://www.law.cornell.edu/federal/opinions.html
   FindLaw.com
   http://www.findlaw.com/casecode/

Constitution of the United States
   The Constitution and Annotations and Supporting Material from the Government Printing Office (GPO)
   The Constitution -- The Basic Document from (GPO)
   The Amendments to the Constitution -- The Basic Document from (GPO)

United States Code
   Access the U.S. Code.

U.S. Regulations (Federal Register and Code of Federal Regulations)
   GPO Access, Federal Register Main Page, and Code of Federal Regulations Main Page.
   Federal Register
   Code of Federal Regulations
   Access the Federal Digital System (FDsys)
   GPO ACCESS NOTE: GPO ACCESS IS NOT LONGER BEING UPDATED AND WILL BE SHUT DOWN IN 2011. SINCE NOVEMBER 2011 FDsys IS THE OFFICIAL ACCESS SITE FOR GOVERNMENT DOCUMENTS.

U.S. Government Regulation Process Portals
   Regulations.gov is the comprehensive Internet portal created in response to the E-Government Act of 2003 where comments can be provided to pending rules.
   http://www.regulations.gov
   RegInfo.gov is a site that provides status reports and regulatory analysis materials on federal rules, including the regulatory Agenda, regulatory review analyses, information collection analyses, and public input on pending rules (via Regulations.gov).
   http://www.reginfo.gov
   OpenRegs.com is a NOT A U.S. GOVERNMENT PORTAL, but is a privately created site intended to provide easy to use updates and tracking information for pending regulations.
   Access OpenRegs.com

U.S. Department of Justice Opinions and Briefs
   Opinions Issued by the Office of Legal Counsel
   Briefs Filed by the Solicitor General

Presidential Executive Orders
   National Archives and Records Administration
   Disposition Tables from Dwight W. Eisenhower to George W. Bush
   Full text links from 1995 to present
   http://www.archives.gov/federal-register/executive-orders/disposition.html

Presidential Proclamations, Memoranda, Signing Statements
   Weekly Compilation of Presidential Documents Through January 2009 and then Daily Compilation of Presidential Documents thereafter.
   Compilation of Presidential Documents
   Ms. Joyce Green's Index to signing statements from 2001 to presentl
   Ms. Joyce Green's Signing statements from 2001 to presentl
   Ms. Joyce Green's Signing statements from 2001 to presentl -- Annotated
   Access the Woolley and Peters Data Base of Signing statements from 1929 to present.

United States Government Accountability Office (GAO) Reports
   , GAO Reports to Congress, testimony, Comptroller General's Contracts Rulings, Major Rulemaking Reports
   http://www.gao.gov/

National Security Directives
   Federation of American Scientists
   http://www.fas.org/irp/offdocs/direct.htm

U.S. Government Agencies Directory
   Louisiana State University
   http://www.lib.lsu.edu/gov/fedgov.html

Native American Law Resources

Native American Tribal and Nation Constitutions and Bylaws
   Constitutions and Bylaws via University of Oklahoma Native American Constitution and Law Digitization Project
   http://thorpe.ou.edu/

National Indian Law Library
   Includes Indian Law Bulletin and Tribal Law Gateway
   http://www.narf.org/nill/index.htm

National Tribal Justice Resource Center
   National Indian Court Judges Association
   http://www.tribalresourcecenter.org/

International Law Resources

United Nations International Law Materials
   Home page for UN Legal Affairs
   Access the United Nations Treaty Collection
   Access UN Documents

International Court of Justice
   Home Page
   Case Law

European Union Law "Eur-Lex"
   Home Page

Congressional and General Federal Research

Congressional Materials
   Thomas: Legislative Information on the Net
   Thomas Homepage
   FirstGov
   http://www.firstgov.gov/Agencies/Federal/Legislative.shtml
   Congressional Research Service Reports. Although CRS does not generally provide its reports on-line to the public, there are some sites that compile substantial numbers of those reports, including very recent materials, and make them available such as OPENCRS.com.
   Go to the OpenCRS Homepage
   Legislative History Materials. The Law Librarians' Society of Washington, D.C., has published its "Legislative SourceBook"
   http://www.llsdc.org/sourcebook/
   and Richard J. McKinney and Ellen A. Sweet, "Federal Legislative History Research: A Practitioners Guide to Compiling the Documents and Difting for Legislative Intent," on its Internet site.
   http://www.llsdc.org/sourcebook/fed-leg-hist.htm

General Federal Government Searches
   http://www.USAgov.gov/index.shtml

General Legal Research Sites

Legal Dictionary -- Find Law.com
   http://dictionary.lp.findlaw.com/

The Legal Information Institute Cornell University
   http://www.law.cornell.edu/

FindLaw.com
   http://www.findlaw.com/

Peter W. Martin, Introduction to Basic Legal Citation (LII 2003 ed.)
   http://www.law.cornell.edu/citation/