Public Law, Policy, and Public Administration

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What's New?

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.

Supreme Court Hears Campaign Case in Special Term with New Justice on Board
September 9, 2009. The Supreme Court, sitting in special term today hears reargument in the very important campaign case entitled Citizens United v. Federal Elections Commission case, No. 08-205. It will also be the first case in which Justice Sonia Sotomayor will participate. The transcript of the reargument should be available by tomorrow morning and will be posted as soon as possible on this site.
   The Supreme Court in an order issued Monday, August 17, has allocated a brief period of time for Senator Mitch McConnell (R, KY) and John McCain (R, AZ) to present arguments during the special term reargument of the case.
   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 lbriefs 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.
   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.
   Access the first oral argument transcript.
   Access the September 2009 oral argument transcript.
   Access the audio of the reargument via OYEZ.

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.

Car Allowance Rebate System (CARS) Program Presents Challenges
July 31, 2009. The Car Allowance Rebate System which was created as part of the Consumer Assistance to Recycle and Save Act of 2009, Title XIII of P.L. 111-32, provides for up to a $4,500 credit toward the purchase of a new vehicle for older and less fuel efficient trade-ins. The CARS program is also popularly referred to as the "Cash for Clunkers" program. The program has attracted both dealers and buyers and there is a press to file the necessary forms and process the purchases in time to take advantage of the program.
   The House has voted in H.R. 3435 to expand the program by $2 billion, but the Senate has yet to take up the measure. The bill moves funds from existing appropriations for energy loans, known as the Title 17 Innovative Technology Loan Guarantee Program from the American Recovery Act and Reinvestment Act of 2009, to cover the increase.
   Access the Administration Rule on the Operation of the Program.
   Read the Statute. Go to Title XIII of the legislation.
   Access the Officials Website for the CARS Program.
   Read H.R. 3435.

School Districts and Cities Seek "Race to the Top" and "Fiscal Stabilization" Funds
July 24, 2009. The President and the Secretary of State have announced recovery funds to be made available as state stabilization grants and for what the administration calls the "Race to the Top Program." The receipt of funds is tied to commitments by states and school districts to the administration's evaluation of student progress and teacher pay for performance requirements. For further information and key documents, go to the Local Government page of this website.

U.S. Attorney in New Jersey has Issued Criminal Complaints in Corruption Scandal
July 24, 2009. The Acting U.S. Attorney for the District of New Jersey, Frank J. Marra, Jr., has filed criminal complaints in a corruption scandal that has led to the arrests of a number of area officials. Marra said that: "The mayors of Hoboken, Secaucus and Ridgefield, the Jersey City deputy mayor and council president, two state assemblymen, numerous other public officials and political figures and five rabbis from New York and New Jersey were among 44 individuals charged today in a two-track federal investigation of public corruption and a high-volume, international money laundering conspiracy." Press release, p. 1. The press release indicates the names and hcarges that have been lodged against them. The office has also provided a website with links to the actual criminal complaints in the case.
   Read the U.S. Attorney Press Release.
   Access the criminal complaints.

Report Withheld On Cell Phone Use While Driving Released After FOIA Clash
July 21, 2009. A National Highway Traffic Safety Administration report that was withheld from release in 2003 showed evidence of dangers from cell phone use while driving and called for a large national study has been released following a Freedom of Information Act effort pressed by the Center for Auto Safety. It has been posted to the Internet by the New York Times.
   Read the NHTSA Report.
   Access the Center for Auto Safety Website on the FOIA conflict over the document.

New Health Care Plan Introduced in House and Senate Committee Moves on Bill
July 15, 2009. Representatives Henry Waxman, Charles Rangel, and George Miller have introduced H.R. 3200 America's Affordable Health Choice Act of 2009. The Senate Committee on Health, Education, Labor, and Pensions yesterday passed out of committee the Affordable Health Choices Act which is the Senate legislation that Senators Edward Kennedy, Chris Dodd, and Tom Harkin are moving in that body. For more information and links to the legislation and White House statements, see the Health Care, Disability, and Development page of this website.

Senate Judiciary Committee Confirmation Hearings for Sotomayor in Progress
July 13, 2009. The Senate Judiciary Committee has begun the confirmation hearings for 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 which will begin on July 13. The committee has made the hearings be available live as a webcast and the link for that is located on the hearing site below. The Senate Judiciary Committee has established a website for the hearings. The record available on the Judiciary Committee site includes the questionnaire complete by Judge Sotomayor, speeches, writings, and the records from her prior confirmation proceedings at the district court and court of appeals levels. There is also now available the majority and minority witness list
   The Clinton Library has released a large number of documents on Judge Sotomayor's nomination to the court of appeals and the George Herbert Walker Bush library has also released papers from the district court appointment.
   The Standing Committee on the Federal Judiciary of the American Bar Association has unanimously rated Judge Sonia Sotomayor as "well qualified," the highest of the three ratings that the committee can assign.
   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.

Joint Inspector Generals' Report on Surveillance Program Released
July 10, 2009. The Inspectors General from the Department of Justice, DOD, CIA, NSA and the Office of the Director of National Intelligence have issued an unclassified report on what became known as the President's Surveillance Program (PSP). To access the report, go to the Post9/11 Policy Actions page of this website.

Obama Administration's Food Safety Working Group Announces Proposed Actions
July 8, 2009. The Food Safety Working Group, created by President Obama in March, has issued findings and an indication of forthcoming steps to be taking primarily by the Department of Agriculture and the Department of Health and Human Services to address concerns over the safety of the food supply. For the recommendations and related documents, see the Healthcare, Disabilities, and Development page of this website.

Supreme Court Delivers Ruling in the New Haven Firefighters Case
June 29, 2009. The Supreme Court has delivered its opinion in the Ricci v. DeStefano case, concerning the New Haven, Connecticut firefighters promotion test. The 5-4 ruling was delivered by Justice Kennedy, striking the city's decision not to use the results of the test for promotions. Justice Ginsburg wrote for the four dissenters, warning that the Court had ignored law, history, and the clear facts of the New Haven case. For more information and for the opinions in the case, see the Civil Rights page of this website.

House Passes Energy Legislation
June 27, 2009. By a vote of 219-22, the House of Representatives has passed H.R. 2454, the American Clean Energy and Security Act of 2009. The bill now moves on to the Senate.
   Access the bill as passed in the House.

Supreme Court Issues Major Ruling Limiting Remedial Authority of Federal Courts in Arizona English Language Learners Case
June 26, 2009. A sharply divided Supreme Court has issued an opinion in an Arizona case that originally came from English language instruction in the school district of Nogales, Arizona. However, the focus of the case at this time was actually on the judicially mandated remedies in the case. The Supreme Court, in an opinion by Justice Alito for a five person majority found that the judge had indeed exceeded his authority. Four justices dissented in an opinion written by Justice Breyer. The importance of the case as a precedent for the future is more about the manner in which judges exercise remedial authority in cases than it is just about the particular facts of the Arizona dispute. Both the majority's discussion of the law that must control efforts by lower courts to remedy civil rights violations and the focus on limiting judicial rulings affecting financial aspects of the problem are likely to be broadly applicable to a variety of cases involving state institutions and services. For more information, the opinion, and other key materials, see the Civil Rights page of this website.

Supreme Court Rules in School Strip Search Case
June 25, 2009. The Supreme Court, in an 8-1 opinion, ruled against school officials in a case in which they had engaged in a strip search of a young girl. The opinion in No. 08-479, Stafford Unified School District v. Redding. Writing for the Court, Justice Souter concluded that the type of search involved was both intrusive and degrading and therefore was not justified by the facts. For full information and links to the opinion, see the Civil Rights page of this website.

Supreme Court Avoids Constitutional Question in Challenge to Voting Rights Act
June 23, 2009. The Supreme Court has issued a ruling in a case brought by a Texas special district, but it avoided the important constitutional questional raised by the briefs and oral argument. Indeed, the Court in Northwest Austin Municipal Utility District Number One v. Holder, refused to strike Section 5 of the Voting Rights Act. For the opinion as well as the briefs and oral argument transcript, see the Civil Rights page of this website.

Congress Moves Apologies for Civil Rights Violations
June 19, 2009. Senator Tom Harkin (D. Iowa) led the successful effort in the Senate to pass S. Con. Res. 26, An Apology For Enslavement And Racial Segregation Of African-Americans. The resolution apologizes for slavery and for Jim Crow segregation laws and other actions. It has been sent to the House. As a concurrent resolution, this measure would not need to go to the president.
   There is also an effort led by Senator Brownback (R. Kansas) and Representative Dan Boren (D. Oklahoma) to adopt a resolution "To acknowledge a long history of official depredations and ill-conceived policies by the Federal Government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States." The Senate version is S.J. Res. 14 and the House number is H.J. Res. 46. For the language of the resolutions and other materials, see the Civil Rights page of this website.

Obama Administration Announces Financial Regulatory Reform Package
June 18, 2009. President Obama has announced a new initiative on financial market regulation. The administration policy proposal is set forth in a White Paper entitled "Financial Regulatory Reform: A New Foundation."
   The treasury secretary appeared before the Senate Banking Committee to explain the proposal in hearings today. The statements and webcast of these hearings is available on the committee website. (See link below.) House hearings scheduled for this afternoon have been rescheduled.
   Access the White Paper.
   Access the Senate Banking Committee Hearings.

Congress Passes Family Smoking Prevention and Tobacco Control Act
June 13, 2009. The House of Representatives has voted to pass H.R. 1256, the Family Smoking Prevention and Tobacco Control Act 307 - 97, agreeing to the bill as amended in an earlier Senate vote (79-17). The act gives "authority to the Food and Drug Administration to regulate tobacco products under the Federal Food, Drug, and Cosmetic Act." Sec. 3. For more information and the text, go to the Health Care, Disability, and Development page of this website.
   Read H.R. 1256.

Supreme Court Rules West Virginia Judge Should Have Recused Himself
June 8, 2009. The Supreme Court has issued an opinion in Caperton v. A. T. Massey Coal Co., No. 08-22. Justice Brent Benjamin, a Justice of the West Virginia Supreme Court, who had received very large campaign contributions and indirect assistance in his campaign from the Massey firm had refused to recuse himself from the case, though the case was twice decided by one vote. The company's contributions came after it had lost in the lower court and with the expectation that it would come on for decision before the state supreme court. Justice Kennedy vote for the five member majority which found that campaign contributions alone do not render a judge incapable of sitting in a case, the company in this case "had a significant and disproportionate influence in placing Justice Benjamin on the case." Slip opinion at 14. Under these circumstances, the Court found a due process violation from bias. Chief Justice Roberts wrote for the four dissenters. Justice Scalia also issued a dissenting opinion.
   Read the opinion.

D.C. Circuit Affirms Ruling Against Tobacco Companies
May 23, 2009. A panel of the United States Circuit Court for the D.C. Circuit has issued a ruling in United States v. Philip Morris, No. 06-5267, affirming most of the key elements of district court ruling that found tobacco companies liable under in a civil cases brought by the Justice Department under the Rackeet Influenced and Corrrupt Organizations Act (RICO). The court found overwhelming evidence to support the findings of the lower court that the firms had: "engaged in a scheme to defraud smokers and potential smokers by (1) falsely denying the adverse health effects of smoking. . .; (2) falsely denying that nicotine and smoking are addictive . . .; (3) falsely denying that they manipulated cigarette design and composition so as to assure nicotine delivery levels that create and sustaina addiction . . . ; (4) falsely representing that light and low tar cigarettes deliver less nicotine and tar and therefore present fewer health risks than full flavor cigarettes . . . ; (5) falsely denying that they market to you . . . ; (6) falsely denying that secondhand smoke causes disease . . . ; and (7) suppressing documents, information, and research to prevent the public from learning the truth about these subjects and to avoid or limit liability in litigation. . . ." Slip opinion at 12. After affirming most of the substantive findings on liability, the panel remanded the case to the district court for further proceedings.
   Read the opinion.

President Issues Memorandum on Preemption
May 22, 2009. President Obama has issued a memorandum cautioning federal agencies against inappropriate use of preemption powers. For more information and links, see the Local Government page of this website.

Congress Sends Credit Card Reform Legislation to President
May 20, 2009. The Senate has joined the House in passing H.R. 627, the "Credit Card Accountability Responsibility and Disclosure (CARD) Act of 2009 and has sent the bill on to President Obama for signature.
   Access HR 627.

D.C. Circuit Upholds Observation of Taking of Urine Samples in Some Cases
May 16, 2009. A panel of the U.S. Court of Appeals for the D.C. Circuit has upheld a Department of Transportation rule that requires some transportation workers to be observed when they give urine samples for drug testing. The rule imposed this requirement in cases where the employee has refused to provide a sample previously or where the person had previously not passed a screening. 73 Fed. Reg. 62910, 62918 (2008). Judge Tatel wrote for the unanimous panel, finding that: "[W]e find the Department's considered justification for its policy neither arbitrary nor capricious, and although we recognize the highly intrusive nature of direct observation testing, we conclude that the regulation complies with the Fourth Amendment." BNSF Railway Co. v. DOT, Slip Opinion at 2.
   Read the opinion.

White House Announces Detailed FY2010 Budget Proposal
May 8, 2009. The White House has issued a more detailed set of information with respect to the Fiscal 2010 budget proposal than the overview material that was issued in February. The current and detailed information is provided in "The Fiscal Year 2010 Appendix." That is a very large file, but there is also a page that provides the detailed information by agency. Both links are provided below. This is in addition to the "Budget-in-Brief" documents issued by each of the federal agencies on their own websites. Links to the more detailed Budget in Brief documents for the Department of Health and Human Services, Department of Education, and Environmental Protection Agency are provided below.
   In place of the "Major Savings and Reforms" document issued previously, the Obama White House has issued a document it calls "Terminations, Reductions, and Savings for FY 2010."
   The full budget overview document and the agency by agency fact sheets as produced in February are provided below. The postings below also provide links to the Recovery.gov site that the administration has promised will provide transparency for the recovery act expenditues and to the USASpending.gov site that provides information on awards of grants and contracts. Links to the Federal Procurement Data System and the Domestic Catalog of Federal Domestic Assistance as well as the Grants.gov and FedBizOps sites are provided on the Public Contract Management page of this website.
   The administration continues to post links to the ExpectMore.gov website which provides the Program Assessment Rating Tool results. This is the set of evaluation tools developed during the Bush years. It is not year clear how these will be used by this administration. Entitled ExpectMore.gov, the site provides listings of programs that are "performing," programs that are described as "not performing -- which includes both those rated as "ineffective" and those listed as "results not determined." CAUTION In order to understand the ratings, it is essential not to stop with the summary assessment, but to drill down into the actual rating document for any given program, the links to which are provided on the ExpectMore.gov page.
   Access the Web Page for "The Fiscal Year 2010 Appendix" with detailed budget information by agency issued in May.
   Access the "The Fiscal Year 2010 Appendix" with detailed budget information as a single .pdf document (large file).
   Access Full Budget Documents as issued in February.
   Access The Entire Budget as issued in February in One .pdf File.
   Access Terminations, Reductions, and Savings for FY 2010.
   Access Budget Summary Tables.
   Access Agency by Agency Fact Sheets.
   Access USASpending.gov
   Access Recovery.gov
   Access OMB PART Summary Ratings by Program.
   Access ExpectMore.gov for Detailed PART Assessments.
   Access the U.S. Department of Education, Fiscal Year 2010 Budget Summary and Background Information.
   Access the U.S. Department of Health and Human Services, Fiscal Year 2010 Budget-in-Brief.
   Access the Environmental Protection Agency, Fiscal Year 2010 Budget-in-Brief.

Ninth Circuit Rejects State Secrets Claim by U.S. in CIA Extraordinary Rendition Case
April 29, 2009. The United States Court of Appeals for the Ninth Circuit has rejected an attempt by the government to use the state secrets doctrine to block litigation in the case of Mohamed v. Jeppesen Dataplan Inc.. The plaintiffs all complain that they were placed in the extraordinary rendition program and were tortured while in that program and allege other violations of their rights. Jeppesen is a wholly owned subsidiary of Boeing. For links to the opinion, go to the Post 911 Policy Actions links on this page.

Supreme Court Rejects Challenge to FCC Indecency Policy Change
April 28, 2009. Justice Antonin Scalia has written the opinion for the Court in F.C.C. v. Fox Television, rejecting a challenge to a change by the Federal Communications Commission to its application of the indecency rule. The case arose from the use of expletives by celebrites in awards shows. In so ruling, the Court rejected the demand that the agency meet a higher standard to justify rejecting its former policy and focused on the application of the existing standard for arbitrary and carpricious administration behavior rather than focusing invoking a higher standard either because of the change in policy or the relationship of the agency's actions to First Amendment protected rights. Scalia wrote: "We find bo basis in the Administrative Procedure Act or in our opinions for a requirements that all agency change be subjected to more searching review. The Act mentions no such heightened standard. And our opinion in State Farm neither held nor implied that every agency action representing a policy change must be justified by reasons more substantial than those required to adopt a policy in the first instance." Slip opinion at 10. He added with respect to the First Amendment point: "If they mean to invite us to apply a more stringent arbitary and capricious review to agency actions that implicate constitutional liberties, we reject the invitation. Id. at 12.
   Four members of the Court dissented, with Justice Breyer writing for Justices Stevens, Souter, and Ginsburg. Stevens and Ginsburg also wrote their own separate dissents. Breyer rejected the assertion by Scalia that they were calling for a heightened standard of review and insisted that under the existing State Farm test, the agency action was plainly arbitrary and capricious. "Rather, the law requires application of the same standard of review to different circumstances, namely circumstances characterized by the fact that change is at issue. It requires the agency to focus upon the fact of change where change is relevant, just as it must focus upon any other relevant circumstance. It requires the agency here to docus upon the reasons that led the agency to adopt the initial policy, and to explain why it now comes to a new judgment." Breyer dissent, at
   Read the opinion.
   Read the Oral Argument Transcript.
   Read the Brief for the U.S..
   Read the Fox Television.

Congress and Obama Administration Release Additional Documents on Methods of Interrogation of Detainees
April 22, 2009. A report prepared by the Senate Armed Services Committee in 2008 has been released "Inquiry Into the Treatment Of Detainees In U.S. Custody," was actually prepared November 20, 2008 but was released today. It comes as debates continue in Washington about possible investigations into the preparation of legal memoranda and other documents used to justify methods employed on detainees at Guantanamo and elsewhere.
    The Justice Department has released a series of memoranda prepared by the Office of Legal Counsel in support of the Bush administration's assertions of authority following 9/11. This is the second in a series of documents that have been released. For more information and links to all of these documents, select the Post 9/11 Policy Actions button on the menu and click on the link to that page.

George W. Bush Administration Website and Documents On Line
April 18, 2009. As noted earlier, the Obama administration replaced the Bush administration websites on taking office in January. That website is now available from the National Archives through the George W. Bush library site. This allows researchers to access documents that were posted on the Bush site, but are no longer available through the current White House website.
   The George W. Bush Lbrary website does contain some materials beyond the original White House website. However, the library explains the position on access to presidential records as follows: "When will the George W. Bush records be available for research? The George W. Bush Presidential records are governed by the Presidential Records Act (PRA). Under the provisions of the PRA, George W. Bush Presidential records are not available to public access requests for the first five years after the end of the Administration. George W. Bush Presidential records will become subject to Freedom of Information Act requests on January 20, 2014."
   Access George W. Bush White House website.
   Access George W. Bush "Public Papers of the President" now through 2004.
   Access George W. Bush Presidential Library.

The Supreme Court Once Again Rejects Navajo Suit for Breach of Trust Obligations
April 10, 2009. Writing for the Court in rejecting the Navajo claims against the government for misconduct in the Department of the Interior, Justice Antonin Scalia said: "For over 15 years, the Indian Tribe known as the Navajo Nation has been pursuing a claim for money damages against the federal government based on an asserted breach of trust by the Secretary of the Interior in connection with his approval of amendments to a coal lease executed by the Tribe. . . . Six years ago, we held that 'the Tribe's claim for compensation . . . fails,' United States v. Navajo Nation, 537 U.S. 488, 493 (2003) (Navajo I), but after further proceedings on remand the United States Court of APpeals for the Federal Circuit resuscitated it. 501 F. 3d 1327 (2007). Today we hold, once again, that the Tribe's claim for compensation failes. This matter should now be regarded as closed." United States v. Navajo Nation, Slip opinion at 1. There were no dissenting opinions, though Justice Souter, added a concurring opinion noting that he had dissented in the earlier case and still thought that position was correct, but considered himself bound by the earlier ruling as precedent. He was joined by Justice Stevens.
   The Court heard oral argument in the case, No. 07-1410, only in February. It stems from Department of the Interior actions governing coal mining contracts on the Navajo reservation. In particular it grew out of ex parte communications between lobbyists for the coal company and the Secretary of the Interior that shaped the Department of Interior actions on the Navajo requests to increase coal rates. The Court previously rejected the suit on one ground, but the lower courts still found liability on other grounds. Four previous Interior secretaries have field an amicus brief supporting the Navajo and roundly condemning the federal government's behavior in the matter.
   Access the Supreme Court opinion in United States v. Navajo Nation (Navajo II).
   Access the Oral Argument Transcript.
   Access the briefs in the U.S. v. Navajo Nation case.
   Access the Amicus Curiae brief of the Four Previous Interior Secretaries in the U.S. v. Navajo Nation case.

Iowa Supreme Court Strikes Marriage Law Restrictions
April 4, 2009. The Iowa Supreme Court has announced its opinion in the case of Varnum v. Brien in which it affirmed a lower court, finding that the state's marriage statute limiting marriage to a man and a woman was a violation of the state constitution's equal protection requirements. For further information and links, go to the Civil Rights page of this website.

District Court Rules Habeas Available to Some Held in Afghanistan
April 4, 2009. Federal District Judge John Bates ruled in favor of three men held in Afghanistan as "illegal combatants" but seized outside the country. As the judge put the issue in Al Maqaleh v. Gates: "The petitioners are all foreign nationals captured outside Afghanistan yet held at the Bagram Theater Internment Facility at Bagram Airfiled in Afghanistan for six years or more. The issue at the heart of these cases is whether these petitioners may, in the wake of Boumediene v. Bush, 128 S.Ct. 2229 (2008), invoke the Suspension Clause of the Constitution, Art I. 9 cl. 2. If so, then section 7(a) of the Military Commissions Act of 2006 (MCA), Pub. L. No. 109-266, 120 Stat. 2600, is unconstitutional as applied to these petitioners and they are entitled to seek the protection of the writ of habeas corpus." , Slip opinon at 1-2. He found that: "the Suspension Clause extends to, and hence habeas corpus is available to three of the four petitioners." Id., at 4.
   Read the memorandum opinion.

Supreme Court Allows Cost/Benefit by EPA on Clean Water Issues
April 2, 2009. The Supreme Court has issued an opinion, written by Justice Scalia, in Entergy v. Riverkeeper. The case involved a challenge to Environmental Protection Agency regulations concerning impact on organisms from cooling intake structures on power plants. The Clean Water Act calls for the use of the best available technology to mitigate the impact of these structures, but the EPA used a cost/benefit calculation to determine what was the best available technology. The dissenters, led by Justice Stevens, argued that prior Supreme Court precedents and the language of and purpose of the statute argue against an agency's substitution of a standard for that provided in the statute. In addition, they contended that the EPA's decision to use a cost-benefit analysis that included only 1.8% of the affected species guaranteed that a cost-benefit standard in practice was dramatically contrary to the intent and language of the Clean Water Act.
   Read the opinion.

Supreme Court Rejects Standing in Case Challenging Timber
March 30, 2009. Justice Scalia wrote for the Court denying standing in Summers v. Earth Island Institute. Institute and others in the case had sought "to prevent the United State Forest Service from enforcing regulations that exempt small fire-rehabilitation and timber-salvage projects from the notice, comment, and appeal process used by the Forest Service for more significant land management decisions." Slip opinion at 1. Four of the justices dissented, with Justice Breyer writing the opinion for that group.
   Read the opinion.

Treasury Secretary Outlines Framework for Regulatory Reform
March 26, 2009. Treasury Secretary Geithner outlined what he terms the Framework for Regulatory Reform in testimony yesterday before the House Financial Services Committee The secretary's testimony as well as explanatory documents are provided below. The committee website on the hearing provides the archived webcast for the session.
   Read the Treasury Department description of proposed new regulatory programs.
   Access the Secretary's testimony.
   Access the House Financial Services Committee page on the hearing.
   Access the initial proposal for a "Resolution Authority for Systemically Significant Financial Companies Act of 2009.

House Joins Senate in Passing Public Lands Bill
March 25, 2009. The House of Representatives has joined the Senate and approved H.R. 146, commonly known as the lands bill. For more information and links, see the Oregon page of this website.

Federal District Court Overturns FDA Limit on Plan B Access
March 24, 2009. Judge Edward R. Korman of the U.S. District Court for the Eastern District of New York issued a ruling in Tummino v. Torti, No. 05-CV-366, a case brought to challenge the denial by the Food & Drug Administration of a petition by a number of groups and individuals to make the "Plan B" medications available to women of all ages for nonprescription over-the-counter sales. The FDA had denied the petition and said the drug could be available to women 18 and older. The challengers argued that the decision was arbitrary and capricious and the judge agreed. In fact, the judge wrote, the FDA actions were characterized by "political considerations, delays, and implausible justifications for decision-making." Slip opinion at 3. The judge went on to find that the decision was largely controlled by political intervention rather than expert decision-making. He vacated and remanded the FDA decision for further action, but ruled that the drug is to be available to women 17 years of age and older, the position taken by expert staffed at FDA.
   Read the opinion.

EPA Proposes Endangerment Finding on Greenhouse Gas Emissions Under Clean Air Act
March 23, 2009. The U.S. Environmental Protection Agency has submitted a proposed endangerment finding for greenhouse gas emissions associated with global warming to the Office of Management and Budget for regulatory review. For more information and links, see the Sustainable Development page of this website.

Treasury Department Announces Massive New Economic Policy
March 23, 2009. The Department of the Treasury has announced what it calls the "Public Private Investment Program" intended to have the government purchase some toxic assets and to encourage and support private investors to purchase such assets.
   Read Treasury Department Fact Sheet.
   Read the White Paper.
   Read "Legacy Securities Summary of Terms."
   Read "Legacy Securities FAQ.".
   Read "Application for Private Assets Managers."
   Read the "Legacy Loans Summary of Terms."
   Read the "Legacy Loans FAQs."

Attorney General Issues New Freedom of Information Act Guidance
March 22, 2009. The Attorney General has issued a memorandum to agencies intended to dispose of the Bush administration's policy on the handling of FOIA requests originally issued by Attorney General Ashcroft and to replace it with a new policy that the Department of Justice indicates will provide a presumption of disclosure. The AG quoted President Obama's memorandum on the subject: "In the face of doubt, openness prevails."
   Read the Attorney General's Memorandum to Agencies.
   Read the DOJ press release explaining policy change.
   Read the Presidential Memorandum.

President Issues Memorandum on Recovery Act Funding Selection
March 21, 2009. President Obama has issued a presidential memorandum that orders merit-based evaluation of proposals submitted under the Recovery Act and seeks to block lobbying efforts.
   Read the presidential memorandum.

Following Madoff Charges, the SEC and U.S. Attorney file Charges Against Accountant
March 11, 2009. In addition to the charges that have been filed by the U.S. Attorney for the Southern District of New York, additional charges have now been lodged by the Securities and Exchange Commission and the U.S. Attorney's office against a Madoff accountant. The U.S. Attorney filed criminal information in lieu of a grand jury indictment against Bernard Madoff. The 11 count information charges Madoff with securities fraud, investment adviser fraud, mail fraud, wire fraud, international and domestic money laundering, giving false statements and filing false reports with the Securities and Exchange Commission, perjury, and theft from an employee benefit plan.
   The SEC has issued a complaint against David G. Friehling and Friehling & Horowitz, CPA's, P.C., alleging that Friehling "enabled Madoff's misconduct by falsely representing to investors that BMIS was financially sound and that Friehling and F&H were independent auditors that had conducted audits of BMIS each year." In fact, the Commission alleged, the firm and its principal "knowlingly or with reckless disregard falsely" stated a variety of information to the Commission and investors. SEC v. Friehling, Complaint, p. 2. The U.S. Attorney for the Southern District of New York announced the arrest of Mr. Friehling on sealed charges just opened by the U.S. District Court.
   Access the Prosecutor's Criminal Information in the Madoff Case.
   Access the SEC Complaint.
   Read the U.S. Attorney Announcement of Arrest of and Charges Against Friehling.

Investigations Underway of AIG Bonus Payments
March 18, 2009. The New York Attorney General has obtained copies of the contracts that AIG claimed required the firm to pay bonuses in excess of $160 million dollars to employees of the firm in the unit that was key to AIG's financial downfall. He published his letter to House Financial Services Committee Chair Barney Frank in the run-up to the committee's hearings on the matter. The Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises of the Financial Services Committee will held hearings on March 18 entitled "American International Group's Impact on the Global Economy: Before, During, and After Federal Intervention." The webcast of the hearing was archived on the committee's hearing page noted below. A link, via arborlaw.biz, to the AIG Financial Products Cor. 2008 Employee Retention Plan that is the subject of the criticism is provided below.
   Access the letter to Representative Frank.
   Access the House Committee Hearing information and testimony.
   Read the AIG FInancial Products Corp. 2008 Employee Retention Plan.

Congress Passes FY09 Omnibus Spending Package
March 11, 2009. The Senate passed on a voice vote H.R. 1105, the Omnibus Appropriations Act, 2009. This bill seeks to wrap up the budget for the current fiscal year. It is another very large omnibus bill. President Obama is expected to sign the bill shortly.
   Access H.R. 1105.

President Obama has Issued a Presidential Memorandum on Signing Statements
March 9, 2009. President Obama has issued a memorandum to executive branch departments and agencies in which he directs agencies to check with the Department of Justice before acting on a previously issued signing statement, but also claims his own authority to issue signing statements and provides a set of principles that will guide his administration's use of the devices..
    Read the Presidential Memorandum on Signing Statements.

President Issues Stem Cell Executive Order and Science Protection Memorandum
March 9, 2009. President Obama has issued an executive order reversing President Bush's prohibition on the use of fetal stem cells in stem cell research. At the same time, he issued a presidential memorandum intended to protection scientific analyses used in government agency policymaking.
    Read the Executive Order.
    Read the Presidential Memorandum.

President Starts Process Aimed at Rescinding Bush Endangered Species Act Process Changes
March 7, 2009. President Obama issued a memorandum executive branch agencies, calling on the Secretaries of Interior and Commerce to undertake a rulemaking process to determine whether to rescind the rule issued by those two agencies as the Bush administration left office, entitled "Interagency Cooperation Under the Endangered Species Act which relaxed requirements for consultations with the Fish & Wildlife Services and the National Marine Fisheries Service before taking actions that might pose risks under the Endangered Species Act. That rule was issued on December 16, 2008 at 73 Fed. Reg. 76272 (2008).
    Read President's Memorandum.
    Read the December 2008 rule on consultation.

Supreme Court Drops Al Marri Case, but Vacates Lower Court Ruling
March 7, 2009. The Supreme Court issued a one paragraph order approving the government's motion to move the Al Marri v. Spagone case, No. 08-368, to the civilian court system which the Court found makes the detention issue that was pending before the Court moot. However, the Court went beyond that step to vacate the lower court ruling, an opinion that had created a precedent supporting detention authority.
   In an en banc ruling, the Fourth Circuit found that (1) . . . if the Government's allegations about al-Marri are true, Congress has empowered the President to detain him as an enemy combatant; and (2) . . . assuming Congress has empowered the President to detain al-Marri as an enemy combatant provided the Government's allegations against him are true, al-Marri has not been afforeded sufficient process to challenge his designation as an enemy combatant." Al-Marri v. Pucciarelli, 534 F.3d 213, 216 (4th Cir. 2008).
   President Obama had issued a memorandum to the Secretary of Defense, transferring authority over Al-Marri from military detention to the control of the Attorney General for prosecution in civilian courts.
   Read the Supreme Court order in Al-Marri.
   Read the Fourth Circuit en banc ruling in Al Marri v. Pucciarelli.
   Access the President's memorandum transferring Al-Marri to civilian custody for prosecution.

Supreme Court Rejects Drug Company Preemption Challenge Against State Failure-toWarn Suits
March 5, 2009. The Supreme Court in the case of Wyeth v. Levine has rejected a challenge by drug company Wyeth to suits in state court brought under state "failure-to-warn" statutes. The company had claimed that such state laws were preempted by the Food Drug & Cosmetic Act as amended and by Food and Drug Administration (FDA) rules.
   Read the Wyeth v. Levine opinion.
   Read the amicus curiae brief of former FDA Commissioners .
   Read the other briefs in the case.

Justice Department Releases Bush Era Memoranda on Administration Claims to Authority after September 11, 2001
March 3, 2009. The Justice Department has released a series of memoranda prepared by the Office of Legal Counsel in support of the Bush administration's assertions of authority following 9/11. The most recent memoranda specifically reject earlier pronouncements. To find the titles and links to these memoranda, click on the Post 9/11 Policy Action tab on this webpage.

Obama Administration Proposes to Rescind Bush Rule on Refusal to Provide Health Care Services on Conscience
February 27, 2009. The Office of Management and Budget is currently reviewing a proposal by the Department of Health and Human Services to rescind the regulation issued by the department on December 19, 2008. The title of the proposal is "Rescission of the Regulation Issued by the Department of Health and Human Services on December 19, 2008, Implementing the Church Amendments (42 U.S.C. 300a-7), Section 245 of the Public Health Service," and its RIN (Regulatory Information Number) is 0991-AB49. The proposal was submitted on February 26, 2009.
   The rule targeted for recission was entitled "Ensuring That Department of Health Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law," 73 Fed.Reg. 78072, known popularly as the conscience rule under which health providers can refuse to provide services to which they are morally opposed. The rule explained that it was intended to "prohibit recipients of certain federal funds from coercing individuals in the health care field into participating in actions they find religiously or morally objectionable." Id. This was a very controversial rule opposed by family planning and women's rights groups and supported by some faith-based groups and anti-abortion organizations. Litigation was filed to challenge the rule by a number of organizations.
   Access the RegInfor.gov information on the OMB review of the proposed recission.
   Access the Rule Targeted for Recision.

Obama Administration Issues PPD-1 on NSC Organization
February 27, 2009. Following practice of previous administrations, the Obama administration has issued its first national security directive, termed by this administration presidential policy directives (PPD), which sets forth the basic organization and operation of the National Security Council (NSC). Most administrations issue such directives to make clear to allies and warn potential adversaries that the new government has its national security apparatus organized and operating effectively.
   Access PPS-1 via the FAS website.

Supreme Court Blocks Effort to Designate Native American Trust Land
February 25, 2009. The Supreme Court has issued a ruling in Carcieri v. Salazar, No. 07-526, which rejected a decision by the previous Secretary of Interior to designate trust lands for the Narragansett Tribe in Rhode Island under the Indian Reorganization Act of 1934. In an opinion by Justice Thomas, the Court held that the secretary's authority extends only to tribes under the jurisdiction of the department at the time the statute was enacted and not those recognized later, like the Narragansett. Justice Breyer and Ginsburg concurred in part and dissented in part. Justice Stevens dissented.
   Access the opinion.

Supreme Court Rejects Demand to Allow Monument to be Placed in City Park
February 25, 2009. The long awaited ruling in a local government free speech case was delivered today in an opinion by Justice Alito. As Alito explained the matter: "This case presents the question whether the Free Speech Clause of the First Amendment entitles a private group to insist that a municipality permit it to place a permanent monument in a city park in which other donated monuments were previously erected. The Court of Appeals held that the municipality was required to accept the monument because a public park is a traditional public forum. We conclude, however, that although a park is a traditional public forum for speeches and other transitory expressive acts, the display of a permanent monument in a public park is not a form of expression to which forum analysis applied. Instead, the placement of a permanent monument in a public park is best viewed as a form of government speech and is therefore not subject to scrutiny under the Free Speech Clause." Pleasant Grove City v. Summum, No. 07-665, Slip opinion at 1. There were four concurring opinions, but no dissent.
   Access the opinion.

OMB Issues Implementation Guidance for the Stimulus Package
February 23, 2009. The Office of Management and Budget has issued a memorandum to executive agencies and departments entitled "Initial Implementing Guidance for the American Recovery and Reinvestment Act of 2009.
   The House and Senate passed the American Recovery and Reinvestment Act of 2009 and it has been signed by the president as P.L. 111-5. The final bill is a modified version of the Collins-Nelson Amendment (570) which was an amendment in the nature of a substitute which completely replaced the legislation that previously passed theU.S. House of Representatives. The GPO has not yet published P.L. 111-5 in public law format, but the law is available in the bill number format as adopted by both houses and signed by the president.
   Access the OMB Initital Implementation Guidance.
   Access the bill as passed by the house and Senate.

President Issues New Executive Orders
February 12, 2009. President Obama has issued Executive Order 13499, modifying the membership of the National Economic Council, a body now operating under Executive Order12835 originally issued by President Clinton in January 1993. He also issued Executive Order 13500 which modifies the membership in the Domestic Policy Council. He also issued Executive Order 13501 creating the Economic Recovery Advisory Board.
   Access EO 13499.
   Access EO 13500.
   Access EO 13501.

Three Judge Federal District Court Orders Dramatic Action to Reduce California Prison Overcrowding
February 10, 2009. A three judge federal district court sitting in the consolidated California prison conditions cases, Coleman v. Schwarzenneger and Plata v. Schwarzenneger, has issued a tentative ruling in the case which found that "crowding is the primary cause of the underlying constitutional violations" which have been primarily concerned with a lack of adequate health care and mental health care for inmates. Slip Opinion, at p. 2. These two cases have been before the court since 1995 and 2002 respectively. "Second, the evidence is compelling that there is no relief other than a prisoner release order that will remedy the unconstitutional prison conditions." Id, at 4. The court made clear that it expects to issue a prisoner release order, but it invited the parties to enter into settlement negotiations and offers to appoint two settlement referees who have been working in the cases before the present action.
   The California Attorney General, Jerry Brown, has denounced the ruling as an "intrusion by the federal judiciary into California’s prison system" and "a blunt instrument that does not recognize the imperatives of public safety, nor the challenges of incarcerating criminals" and has promised to appeal the case to the U.S. Supreme Court as soon as a final order is issued.
   Access the tentative order.
   Access the California Attorney General's statement.

President Issues Another Labor Relations Order and Strikes Another Bush Order
February 7, 2009. President Obama has issued another executive order dealing with labor relations and, in the process, revoked another Bush order. The order, entitled Use of Project Labor Agreements for Federal Construction Projects, permits executive branch agencies to mandate the use of such agreements for all contractors on a particular major construction project. Section 8 of the order also provides that: "Executive Order 13202 of February 17, 2001, and Executive Order 13208 of April 6, 2001, are revoked. The heads of executive agencies shall, to the extent permitted by law, revoke expeditiously any orders, rules, or regulations implementing Executive Orders 13202 and 13208."
    Read the order.

President Calls for Expedited Issuance of Energy Efficiency Standards
February 6, 2009. President Obama has issued a memorandum to the Secretary of Energy with respect to Appliance Efficiency Standards. For more information and a link to the memorandum, go to the Sustainable Development page of this website.

President Obama Issues Faith-Based Policy in Executive Order
February 6, 2009. President Obama has issued an executive order entitled "Amendments to Executive Order 13199 and Establishment of the President's Advisory Council for Faith-Based and Neighborhood Partnerships." For more information and link the order, go to the Public Contract Management page of this website.

President and Treasury Secretary Announce Restrictions on Executive Compensation
February 4, 2009. The Obama administration administration has moved to place restrictions on executive compensation for firms receiving assistance from the federal government.
    Read the Treasury Department Announcement and Explanation.
    Read the President's Announcement of the new policy.

President Obama Issues a String of Directives in Important Areas
February 4, 2009. President Obama has issued a number of executive orders over the past several days. On January 30, he issued an order entitled "Notification of Employee Rights Under Federal Labor Laws" and another entitled "Economy in Government Contracting." The first order overturns the Bush EO 13201 and the second prevents firms from counting expenses of involvement in union representation elections as expenses under federal contracts. A third order issued on that same date, entitled "Nondisplacement of Qualified Workers Under Service Contracts," calls on contractors to provide opportunities for displaced workers in service contracts.
   Also on January 30, the president issued a memorandum, creating the Task Force on the Middle-Class family to be headed by Vice President Biden.
   The president has also issued an executive order revoking orders on rulemaking review issued by George W. Bush and a memorandum to executive branch agencies calling for a reexamination of the process of regulatory review with each agency to provide information and recommendations for a new regulatory review order within 100 days. The memorandum uses the E.O. 12866 issued by President Clinton as the starting point for that discussion.
   Finally, the president issued a finding with respect to the need to extend assistance in connection with the "Unexpected Urgent Refugee and Migration Needs Related to Gaza."
   Access "Notificiation of Employee Rights Under Federal Labor Laws" order.
   Access "Economy in Government Contracting" order
   Access "Nondisplacement of Qualified Workers Under Service Contracts" order.
   Access the memorandum on White House Task Force on Middle-Class Working Families.
   Access Revocation of Executive Orders Concerning Regulatory Review.
   Access Regulatory Review Memorandum to Reassess EO12866.
   Access Finding with regard to Refugee and Migration Issues Relating to Gaza .

President Issues Memoranda on Fuel Efficiency and California Emissions Standards
January 27, 2009. President Obama has issued memoranda to the Secretary of Transportation and National Highway Traffic Safety Administration and to the Administrator of the Environmental Protection Agency. The transportation memorandum calls for to institute rulemaking proceedings to address more stringent fuel economy standards under the Energy Independence and Security Act of 2007. The EPA memorandum calls upon the agency to reexamine the waiver request for more stringent standards under the Clean Air Act that the Bush administration had not approved.
   Access the memorandum on fuel economy.
   Access the memorandum on California's request for Clean Air Act waiver.

Obama Administration Rejects Mexico City Policy on Family Planning Assistance Funds
January 24, 2009. President Obama has issued a memorandum repealing the Reagan era Mexico City policy. The policy was originally announced by President Reagan in 1984, repealed by President Clinton, and reinstated and expanded by President George W. Bush. It blocked U.S. assistance to international organizations that provided abortion information, assistance, or services.
   Access the White House home page.
   Access the Obama statement to accompany policy change.

OMB Issues Directions on Review of Pending Regulations
January 23, 2009. The Director of the Office of Management and Budget, Peter Orszag, has issued a memorandum explaining to administrative agencies how they are to implement the memorandum issued earlier in the week by White House Chief of Staff Rahm Emanuel concerning the moratorium on and review of pending administrative rules prepared by the Bush administration.
   Access the OMB Memorandum.
   Access the Chief of Staff's memorandum on regulatory review.

President Obama Issues Initial Directives
January 23, 2009. The Obama administration has issued a series of directives of various kinds. The White House webpage has been attempting to catch up on positings and some items are not available on the White House site, so some of the items are links to the documents through other sources.
   Read the executive order on lawful interrogation.
   Read executive order on review and disposition of individuals at Guantanamo Bay.
   Read executive order on detention policy.
   Read the memorandum on the detention of Ali Saleh Kahlah al-Marri.
   Read executive order on ethics.
   Read meorandum on transparency.
   Read the executive order on presidential records.
   Read the memorandum to agencies on Freedom of Information Act.
   Read the memorandum on White House staff pay freeze.
   Read memorandum from White House Chief of Staff to executive departments freezing rulemaking.
   Read the presidential proclamation on the National Day of Renewal and Reconciliation.

U.S. Supreme Court Rejects Title IX as Sole Option for Sexual Harassment Claims in Schools
January 21, 2009. The Supreme Court has handed down an unanimous ruling rejecting a finding by lower courts that Title IX of The Education Amendments of 1972 is the only route available for sexual harassment claims in schools as compared to 42 U.S.C. §1983 or the Equal Protection Clause of the Fourteenth Amendment. For more information and a link to the case, go to the Civil Rights page of this website.

Justice Department Inspector General Reports Highlighted in Holder Confirmation Hearings
January 16, 2009. The series of reports issued by the Department of Justice Inspector General during 2008 in response to allegations of politicization of the hiring of interns and of misconduct in the firing of U.S. Attorneys have been raised repeatedly during hearings before Senate Judiciary Committee on the nomination of Eric Holder to become Attorney General of the United States. One of these was the Department of Justice Inspector General final public version of a report that was released in an earlier form on July 2, 2008. Links to that report and the others issued in September and earlier in June 2008 are provided below. The committee called upon Holder to address the problems raised in these reports and to work to restore the credibility and reputation of the department.
   Access Final DOJ IG Report of January 13, 2009.
   Read the DOJ OIG Report on Firings of U.S. Attorneys of September 2008.
   Access Original the IG Report on Political and Ideological Discrimination in Hiring (June 2008).
   Access the Follow-on Report on Specific Actions by Political Appointees (July 2008).

Eleventh Hour Fight to Ensure Preservation of Bush Administration Records
January 15, 2009. A last minute fight is being waged in the effort to prevent the Executive Office of the President from deleting records or failing to preserve e-mails that are being sought in connection with litigation brought by Citizens for Responsibility and Ethics in Washington (CREW). Judge Kennedy of the U.S. District Court for the District of Columbia issued an order for the preservation of records on January 14, but the administration has taken the position that his order applies "only upon those divisions whose records are subject to the Federal Records Act ("FRA") and not to those subject to the Presidential Records Act ("PRA"). As a result, they have not and will not fulfill the obligations now imposed by Judge Kennedy's order as to the latter." Citizens for Responsibility and Ethics in Washington v. Executive Office of the President, Civil Action Nos. 07-1707; 07-157, Memorandum Opinion, at 3. Magistrate John M. Facciola has moved to reject the administration's interpretations and block any actions that might lead to a loss of the records. He concluded, "the Order I am issuing requires them to search for e-mails in the specified periods in both PRA and FRA agencies." Id., at 4.
   Access the Magistrate's Memorandum Opinion.

Supreme Court Rejects Suppression of Evidence Taken in a Search Based on Invalid Police Assumption About the Warrant.
January 14, 2009. In an opinion by Chief Justice Roberts, the Supreme Court ruled that although an arrest was a violation of the Fourth Amendment and that the evidence seized was not justified by a valid warrant, that evidence was not subject to suppression. "Our cases established that such suppression is not an automatic consequence of a Fourth Amendment violation. Instead, the question turnes on the culpability of the police and the potential of exclusion to deter wrongful police conduct. Here the error was the result of isolated negligence attenuated from the arrest. We hold that in these circumstances the jury should not be barred from considering all the evidence." Herring v. United States, No. 07-513, Slip Opinion at 1.
   Access the opinion.

FDA Inspector General Finds a Lack of Adequate Conflict of Interest Information for Clinical Trial Investigators
January 12, 2009. The Inspect of the Food and Drug Administration has issued a report indicating that the agency has not collected and investigated conflict of interest information on new drug or medical devices trials. For more information and a link to the report, see the Healthcare, Disabilities, and Development page of this website.

Illinois Supreme Court Rejects Challenge to Adequacy of Burris Credentials
January 9, 2009. The Illinois Supreme Court has rejected a challenge to the adequacy of Illinois Senator designee Roland Burris based on the lack of a countersignature and seal from the Illinois Secretary of State. The court found that "no further action is required by any officer of this state to make that appointment valid." Burris v. White, Slip opinion, at 1.
   Access the Illinois Supreme Court opinion.

Transition Presents Complex Issues of Internet Information
January 3, 2009. The George W. Bush administration will be the second with a broad Internet presence to leave office, presenting complex issues of Internet site information retention and access. The Presidential Records and Recordings Act mandates that the National Archives take possession of the records and ensure action to protect them and provide access to them. President George W. Bush issued a controversial executive order on the administration response to PRA requirements. The practice of the George W. Bush administration was to take down existing federal government Internet sites and replace them with those of the new administration immediately upon taking office.
   Access PRA and information on it from National Archives.
   Read E.O. 13233.

Possible Battle Emerges Over Seating of Newly Appointed Illinois Senator
December 31, 2008. Congressional leaders have indicated an intention to resist seating anyone appointed by the current governor of Illinois who has now made such an appointment in the face of the threat. It is useful, as the possible conflict evolves, to reexamine the opinion of the U.S. Supreme Court in Powell v. McCormack, 395 U. S. 486 (1969). That case involved action taken by Congress to block the seating of Representative Adam Clayton Powell (D, NY). (NOTE: The facts of the two situations are very different, and it is not yet clear precisely how congressional leaders might or might not proceed, but the Powell case does provide the primary precedent in this field.)
   Access the Powell v. McCormack opinion.

Nation Congress of American Indians Advances Transition Agenda for Obama Administration
December 22, 2008. The National Congress of American Indians (NCAI) has provided a report that outlines key transition issues for the Obama administration as it comes to office. This agenda provides a number of unique characteristics relative to other groups who have been advocating priorities for the new administration because of the special government to government relationship of sovereign Native American tribes and nations with the U.S. Government. The document is entitled Indian Nations and the 2009 Presidential Transition.
   Access the Report.

Department of Interior Inspector General Issues Report Criticizing Political Interference in Scientific Decisions on Endangered Species
December 16, 2008. The Department of Interior Inspector General has issued a report to the Senate Public Lands and Forests committee, confirming inappropriate efforts at political influence in endangered species act decisions in the Fish & Wildlife Service. Ron Wyden (D, OR), Chair of Senate Subcommittee on Public Lands and Forests requested the investigation into sixteen Endangered Species Act decisions that allegedly involved inappropriate political interference. The DOI IG has published what his office terms the "final redacted" version of the report. The initial version of the report has been posted on Senator Wyden's website. (NOTE: As posted, this is a very large .pdf file.).
   Access the report via Senator Wyden's website.
   Access the "final redacted" version of the report from the Department of Inspector General IG.

Supreme Court Rejects Preemption Bar to Tobacco Suits
December 15, 2008. A divided Court has rejected tobacco industry arguments that a state court suit against the companies brought under Maine's Unfair Trade Practices Act was prohibited because of the preemption doctrine. The case, Altria Group v. Good, was decided by a five to four majority with the majority opinion written by Justice Stevens. Justice Thomas wrote for the four dissenters.
   Access the opinion.

Special Inspector General for Iraq Reconstruction Prepares "Hard Lesson" Report
December 14, 2008. The New York Times and ProPublica.com were provided with and have published a draft of the report prepared by the Special Inspector on Iraq Reconstruction entitled Hard Lessons: The Iraq Reconstruction Experience which details a history of problems with the plans and implementation of those plans after the invasion of Iraq and replacement of its previous regime. For further information and link to the report, go to the Sustainable Development page of this website.

U.S. Department of Interior Issues Controversial Changes to Endangered Species Act Decision Process
December 12, 2008. The Secretary of Interior has announced publication of final rules that change the process for decisionmaking on Endangered Species Act determination which currently requires a process of consultation with agency experts. For more information and links, go to the Sustainable Development page of this website.

Senate Armed Services Committee Issues Report on Treatment of Detainees and Interrogations
December 11, 2008. The Senate Armed Services Committee has issued a report on its inquiry into the treatment and interrogation of detainees held in U.S. custody. The report was released in a joint effort by committee chair Senator Carl Levin (D, MI) and ranking member Senator John McCain (R, AZ). The committee has released the executive summary of the report and the conclusions while the remainder of the report is undergoing security review. The report rejects the assertion that abuses were actions by "a few bad apples," but states that they resulted from a series of decisions made by high level officials in the Bush administration and particularly points to actions by then Defense Secretary Donald Rumsfeld as well to Justice Department officials.
   Read the Senate Armed Services Report Executive Summary and Conclusions.
   Access the press release from Senator Levin on publication of the report.

House Passes Automotive Bailout Bill
December 11, 2008. The House of Representatives has passed H.R. 7321, the Auto Industry Financing and Restructing Act, introduced by Representative Barney Frank, Chair of the House Committee on Financial Services. The status of the bill in the Senate is at this point uncertain.
   Read the Auto Industry Financing and Restructuring Act proposal as introduced by Representative Frank.
   Access the bill summary as presented by Representative Frank.

The U.S. Brings Corruption Charges Against the Illinois Governor
December 9, 2008. Federal authorities today filed a two count criminal complaint against Illinois Governor Rod R. Blagojevich and his Chief of Staff John Harris. The complaint and the press release are provided below.
   Access the criminal complaint against the Illinois governor.
   Access the U.S. Attorney press release.

The U.S. Supreme Court Agrees to Hear Indefinite Detention Case
December 5, 2008. The U.S. Supreme Court has granted certiorari in No. 08-368, Al-Marri v. Pucciarelli, the latest in the series of cases to come before the court testing the Bush administrations detention practices with respect to those called illegal combatants. In this case, it concerns a man held in the United States was legally residing in the U.S. This case presents the following issue: "Does the Auhtorization for Use of Military Force . . . authorize -- and if so does the Constitution allow -- the seizure and indefinite military detention of a person lawfully residing in the United States, without criminal charge or trial, based on government assertions that the detainee conspired with al Qaeda to engage in terrorist activities?" Cert. Petition, p. i.
   Read the Petitioner for a Writ of Certiorari.
   Access the Brennan Center Materials on the case.
   Access the en banc opinion of the U.S. Court of Appeals for the Fourth Circuit.

The Report of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism Issues Report
December 3, 2008. The Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism has issued its report entitled World at Risk. That report has been posted on the Homeland Security Digital Library page of operated by the Naval Postgraduate School Center for Homeland Defense and Security. Click on the Post 9/11 Policy Actions links on this page

Iraq Government Agrees to U.S. and Iraq Forces Pact
November 27, 2008. The government of Iraq has now ratified the agreements on the future strategic relationship with the United States and another regarding the stationing of U.S. forces in Iraq that the Bush administration has been negotiating with Iraq over the past year. One of these is entitled "Strategic Framework Agreement" and the second is a "Security Agreement" which the White House notes is "often called a Status of Forces Agreement or SOFA." These agreements are the result of a process to which the U.S. and Iraq committed themselves November 26, 2007 in what was entitled the "Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America," entered into by President Bush and Prime Minister Nouri Kamel Al-Maliki. Links to the final agreements and the "Declaration of Principles" are provided below.
   Read the U.S./Iraq Strategic Framework Agreement .
   Read the U.S./Iraq Security Agreement .
   Access the Declaration of Principles document of November 2007.

D.C. Federal District Judge Orders Release of Guantanamo Detainees
November 20, 2008. U.S. District Court Judge Richard J. Leon has ordered the release of Mr. LakhDar Boumediene and four other Algerians now being held at the Guantanamo Bay facility. It was in Mr. Boumediene's case that the Supreme Court ruled against the Military Commission Act ban on habeas corpus.
   Read the Memorandum Order.

Senate Judiciary Issues Report to Support Contempt of Congress Resolution Aimed at Rove and Bolten
November 19, 2008. The Senate Judiciary Committee has filed the committee report (and minority views) in support of the resolution to cite Karl Rove and Joshua Bolten for contempt of Congress.
   Read the report.

Panel on Veterans' Gulf War Illness Reports Findings
November 12, 2008. The Research Advisory Committee on Gulf War Veterans' Illnesses which was established by Congress in 1998 and its members appointed by the Secretary of Veterans Affairs in 2002 has reported its findings and recommendations to the current secretary with respect to its research on health impacts on service members during the Persian Gulf War. In its statement summarizing the report for the media, the committee stated: "At least one in four of the 697,000 U.S. veterans of the 1991 Gulf War suffer from Gulf War illness, a condition caused by exposure to toxic chemicals, including pesticides and a drug administered to protect trops against nerve gas, and no effective treatments have yet been found."
   Read the report.
   Read the media release for the report.

Supreme Court Overturns Injunction on Environmental Issues in Navy Sonar Exercises
November 12, 2008. The Supreme Court has reversed a ruling of the U.S. Court of Appeals for the Ninth Circuit which affirmed a ruling by a district court in California that had imposed an injunction that set conditions on Navy sonar training exercises. The case had been brought by the Natural Resources Defense Council and other groups on grounds that the exercises, if conducted without essential environmentally sensitive procedures, would injure or cause the death of marine mammals. The challengers alleged violations of the Endangered Species Act, the Coastal Zone Management Act, and the National Environmental Policy Act. The opinion for the Court by Chief Justice Roberts concluded that: "even if plaintiffs have shown irreparable injury from the Navy's training exercuses, any such injury is outweighed by the public interest and the Navy's interest in effective, realistic training of its sailors." Winters v. Natural Resources Defense Council, Slip Opinion at 13. Justice Breyer, joined by Justice Stevens, concurred in part and dissented in part. Justice Ginsburg issued a dissenting opinion joined by Justice Souter.
   Read the Winters v. Natural Resources Defense Council opinions.

Supreme Court Hears Important Preemption Case
November 4, 2008. The Supreme Court has heard oral arguments in No. 06-1249 Wyeth v. Levine, a case coming from Vermont that presents an important question about federal preemption of state law. The case involves a suit brought by a patient who argued that the drug company had failed to provide essential warnings about the dangers of administering the drug by one technique rather than another. She prevailed in a suit brought under state law, but the drug company, supported by the U.S. Food and Drug Administration, has taken the case to the U.S. Supreme Court, arguing that federal food and drug laws concerning FDA approval of medications preempts state suits of the type involved in this case. Friend of the Court briefs have been filed by a variety of states and groups because of the potential significance of the case for the larger question of federal preemption.
   Access the brief for petitioners.
   Access the brief for respondents.
   Read the brief of former FDA administrators opposing FDA.
   Access the ABA briefs page with links to the amicus curiae briefs in the case.
   Read the oral argument transcript.

House Financial Services Committee Holds Hearing on Future Regulatory Strategies
October 22, 2008. The House Financial Services Committee on "The Future of Financial Services Regulation" on October 21. The following website provides witness lists, testimony, and video.
   Access Hearing and Materials

Connecticut Supreme Court Declares Ban on Gay Marriage Unconstitutional Even if Civil Unions are Available
October 11, 2008. The Connecticut Supreme Court has issued a ruling in Kerrigan v. Commissioner of Public Health, striking down the state ban on gay marriage where the state provides for civil unions. The majority found: "We conclude that, in light of the history pernicious discrimination faced by gay men and lesbiands, and because the institution of marriage carries with it a status and significance that the newly created classification of civil unions does not embody, the segregation of heterosecual and homosexual couples into separate institutions constitutes a cognizable harm. We also conclude that (1) our state scheme discriminates on the basis of sexual orienation, (2) for the same reasons that classifications predicated on gender are considered quasi-suspect for purposes of the equal protection provisions of the United States constitution, sexual orienation constitutes a quasi-suspect classification for purposes of the equal protection provisions of the United States constitution, sexual orientation constitutes a quasi-suspect classification for purposes of the equal protection provisions of the state constitution, and, therefore, our statutes, discriminatin against gay persons are subject to heightened or intermediate judicial scrutiny, and (3) the state has failed to provide sufficicent justification for excluding same sex couples from the institution of marriage." Slip opinion, p. 3. There were three dissenting opinions which were posted as separate documents.
   Read the majority opinion.
   Access the dissenting opinion.

Federal District Judge Orders Release of Detained Chinese
October 8, 2008. Judge Ricardo M. Urbina of the United States District Court for the District of Columbia has ruled that the U.S. government has no authority to hold a number of Uighur Chinese currently being detained at Guantanamo Bay. He has ordered that they produced in his courtroom on Friday October 10 and has indicated that he will order their release. This case follows a ruling issued in June by the U.S. Court of Appeals for the D.C. Circuit that overturned the judgment by the Combatant Status Review Panel at Guantanamo that found the Uighur to be illegal combatants. The case is Ghaffar v. Bush, Civil Action No. 2008-1310. (NOTE: The court security office is currently reviewing the opinion in order to redact security restricted material. The full opinion will be posted during the day at the url indicated below. This information provided through the courtesy of the District Court for the District of Columbia Systems Office.)
   Read the Memorandum Opinion
   Access the D.C. Circuit Opinion on the Uighur designation as illegal combatants.

Federal Reserve Creates Commercial Paper Funding Facility to Support Market
October 7, 2008. The Federal Reserve has created a Commercial Paper Funding Facility to fund various types of commercial paper in an attempt to ease constraints on the availability of credit for business operations. In announcing the new program, the Fed explained that: "The CPFF will provide a liquidity backstop to U.S. issuers of commercial paper through a special purpose vehicle (SPV) that will purchase three-month unsecured and asset-backed commercial paper directly from eligible issuers." (See link below.)
   The Federal Reserve Bank of New York has issued terms and conditions for firms seeking assistance under the program. "The Commercial Paper Funding Facilty (CPFF) will be structured as a credit facility to a special purpose vehicle (SPV) authorized under section 13(3) of the Federal Reserve Act. The SPV will serve as a funding backstop to facilitate the issuance of term commercial paper by eligible issuers. The Federal Reserve will commit to lend to the SPV at the target federal funds rate. Draws on the facility will be on an overnight basis, with recourse to the SPV, and secured by all the assets of the SPV." (See link to terms and conditions page.)
   Access the Federal Reserve announcement of new Commercial Paper Funding Facility.
   Access the New York Federal Reserve Bank "Terms and Conditions" announcement.

House Committee on Oversight and Government Reforms Holds Series of Hearings on Financial Crisis That Bring Key Participants to Testify
October 8, 2008. The House Committee on Oversight and Government Reform has been and will be conducting a series of hearings on the financial crisis. Today's hearing focused on the failure of AIG that resulted in a demand for major federal intervention of some $85 billion. On October 6, the committee held hearings on the failure of Lehman Brothers. Three more hearings are scheduled in October, including an October 16 hearing on hedge funds, an October 22 on major credit rating agencies and their role in the financial crisis, and an October 23 hearing on federal regulators' performance. The hearings so far have presented testimony by CEOs and key participants. Access video, witness lists, and testimony from each of the hearings at the links below.
   AIG Hearing
   Lehman Brothers Hearing
   Access information on forthcoming hearings

Emergency Economic Stabilization Act Becomes Law
October 4, 2008. The president signed H.R. 1424 into law the same day that it cleared the House. It became P.L. 110-343. The Senate passed H.R. 1424 by a vote of 74-25 on Wednesday. The House approved the measure by a vote of 263-171 Friday afternoon. The bill was a house bill but became the Emergency Economic Stabilization Act in the Senate by means of an amendment in the nature of a substitute which eliminated the former content of the legislation and substituting the Senate Banking Committee's compromise bill. A link is provided below to the legislation.
   Access H.R. 1424

House Defeats Proposed Emergency Economic Stabilization Act
September 30, 2008. The House of Representatives defeated the proposed Emergency Economic Stabilization Act by a vote of 228 to 205. A link to the version of the bill defeated yesterday is provided below. Congressional leaders have indicated their intention to try again to pass a bill within the next few days.
   Access H.R. 3997.

Draft of Proposed Bailout Legislation
September 22, 2008. The New York Times has posted a copy of the "legislative proposal for treasury authority to purchase mortgage-related assets." It contains broad and unreviewable authority for the Secretary of the Treasury.
   Read the Draft Legislatione via the New York Times.

Federal Reserve Approves Request of Goldman Sachs and Morgan Stanley to be Bank Holding Companies
September 22, 2008. Over the weekend, the Federal Reserve Board on Sunday granted the requests by Goldman Sachs and Morgan Stanley to become bank holding companies with the related supports available from the Fed in exchange for subjecting themselves to regulation by the Fed. The approval requires a five day anti-trust waiting period.
   Read the Federal Reserve Announcement.

Federal District Court Issues Preliminary Injunction to Secure and Maintain Vice President Cheney's Records
September 22, 2008. Federal District Court Judge Colleen Kollar-Kotelly has issued a preliminary injunction to the Office of the Vice President, the Executive Office of the President, and the National Archives and Records Administration, requiring that they preserve records associated with the office of vice president pending the outcome of litigation brought by Citizens for Responsibility and Ethics in Washington (CREW). The organization has argued that the vice president and the other named offices have taken an excessively narrow interpretation of the coverage and requirements of the Presidential Records Act and fear that this interpretation will be used to justify elimination or exclusion of records that are required to be preserved under the law.
   Read the opinion.

Administration Presses Proposal for $700 Billion Asset Purchase Plan
September 20, 2008. The Department of the Treasury has posted a "fact sheet," describing the plan, estimated at some $700 billion, to purchase troubled assets in the marketplace, particularly troubled mortgages and related financial instruments, that the Bush administration has asked Congress to adopt as quickly as possible.
   Treasury Department Fact Sheet on Asset Purchase Proposal to Congress.

SEC Issues Emergency Order to Block Short Selling
September 19, 2008. The Securities Exchange Commission has issued an emergency order prohibiting short selling in financial securities.
   Read the SEC announcement of emergency actions.
   Read the SEC emergency order blocking short selling.

President Approves $50 Billion Backstop for Money Market Funds and Treasury Announces Plan for Massive Intervention with Public Dollars"
September 19, 2008. President Bush has issued a presidential memorandum to the Secretary of the Treasury authoring an Exchange Stabilization Fund of up to $50 billion to support a guaranty for money market mutual funds. Also today, Secretary of the Treasury Paulson announced the intention of the administraiton working with congressional leaders to enact massive new legislation to remove what are described as troubled assets from the marketplace with public dollars.
   Read Treasury announcement of the creation of the new program.
   Read the president's memorandum.
   Read Treasury statement announcing plans for massive program to remove troubled assets.

FDA Issues Draft Guidance Documents on "the Regulation of Genetically Engineered Animals"
September 18, 2008. The U.S. Food and Drug Administration has issued its long-awaited guidance document on the regulation of what the agency terms genetically engineered animals. FDA Docket No. FDA-2008-D-0394. The FDA defines six classes of animals and related purpsoes in the guidance. "GE animals curretnly being developed can be divided into six broad classes based on the intended purpose of the genetic modification: (1) to enhance food quality or agronomic traits (e.g. pigs with less environmentally deleterious wastes, faster growing fish); (2) to improve animal health (e.g., disease resistance); (3) to produce products intended for human therapeutic use (e.g., pharmaceutical products or tissues for transplantation, these GE animals are sometimes referred to as 'biopharm' animals; (4) to enrich or enhance the animals' interactions with humans (e.g., hypo-allergenic pets); (5) to develop animal models for human diseases (e.g., pigs as models for cardiovascular diseases); and (6) to produce industrial or consumer products (e.g., fibers for multiple uses." Comments will be accepted on this proposed guidance until November 18, 2008 through regulations. gov (http://www.regulations.gov/).
   Read the FDA Proposed Guidance on Genetically Modified Animals.
   Read the FDA Press Release on Genetically Modified Animals.

DOJ Inspector General Reports on Gonzales' Mishandling of Classified Document
September 2, 2008. The Department of Justice Inspector General has issued a report on allegations of mishandling of classified documents by former Attorney General Alberto Gonzales. For more information and a link to the report see the Post 9/11 Policy Actions page of this site. (see menu above).

Consumer Product Safety Improvement Act of 2008 Becomes Law
August 28, 2008. Congress has enacted and the president has signed H.R. 4040, the Consumer Product Safety Improvement Act of 2008 which is now P.L. 110-314. The new statute responds to broad criticism of the Consumer Product Safety Commission and the fact that the agency lacked authority and resources to do its work. The criticism and congressional investigations followed revelations of numerous toys and other children's products that were imported into the U.S. from China with high lead levels. The new legislation not only reauthorizes the CPSC and makes changes to the commission's authority and operations, but Title I of the act, entitled Children's Product Safety also specifically addresses a range of issues concerning toys and other products designed for children, including "Children's products containing lead; lead paint rule; Mandatory third party testing for certain children's products; Tracking labels for children's product; Standards and consumer registration of durable nursery products; Labeling requirements for advertising toys and games; Mandatory toy safety standards; Study of preventable injuries and dealths in minority children related to consumer products; and Prohibition on sale of certain products containing specified phthalates."
   Read H.R. 4040.

D.C. Circuit Rejects EPA Rule Limiting Monitoring Requirements by State and Local Permitting Agencies
August 20, 2008. A divided panel of the U.S. Court of Appeals for the D.C. Circuit has issued another ruling striking down a U.S. Environmental Protection Agency rule on Clean Air Act issues. The decision in Sierra Club v. EPA strikes down rules issued in 2006 in which the EPA banned state and local permitting authorities from supplementing monitoring requirements as part of the permitting process. The panel concluded: "We vacate this rule because it is contrary to the statutory directive that each permit must include adequate monitoring requirements." Slip opinion, at 1.
   Read the D.C. Circuit opinion.

U.S. District Court in Wyoming Strikes Roadless Rule
August 13, 2008. Judge Clarence Brimmer of the U.S. District Court for the District of Wyoming has, for the second time, rejected the so-called roadless rule, prohibiting roads in certain forest areas, originally issued during the Clinton administration. Brimmer had initially struck down the rule in 2003, but in a different case in California, a magistrate struck down the Bush administration's replacement rule and reinstated the previous Clinton era rule. In the new case, Wyoming v. U.S. Department of Agriculture, the judge found that the Clinton rule violated the National Environmental Policy Act and the Wilderness Act and issued a permanent injunction against it. The order has not yet been posted on the court's website and the link below is through the Earthjustice website, one of the parties in the case. That organization has announced its intention to appeal the case to the U.S. Court of Appeals for the Tenth Circuit.
   Read the district court order.

Fish and Wildlife Service Changes Critical Habitat Designations for Spotted Owl
August 13, 2008. The U.S. Fish and Wildlife Service has issued a final rule on the changed designation of critical habitat for the Northern Spotted Owl.
   Access the rule.

California Governor Issues Executive Orders Cutting Pay and Terminating Contracts
August 12, 2008. California Governor Arnold Schwarzenegger issued Executive Order S-09-08, taking dramatic moves to suspend contracts, block spending, and cutting or eliminating payments of wages to state employees except where mandated by federal law. The state is facing a shortfall in excess of $15 billion and there is no new budget bill that has been passed and signed as the state enters the new fiscal year. State Controller Chiang has taken positions that disagree with the governor in terms of what can and cannot be paid under the current conditions and has created a website which details that information. The dispute has sparked legal action by the governor against the controller that has been filed in Sacramento. The controller has replied that: "I am confident the court will share my concern that it will be infeasible existing payroll system to reduce the wages of more than 180,000 public servants down to the federal minimum wage in such a short time. I am also conident that the court will share my conerns that the existing payroll system fill not be able to quickly restore wages so that each employee is paide what they are legall owed." Press release, August 11, 2008
   Read Executive Order S-09-08.
   Access the California Controller's Website on Payments and Limits in Current Crisis.

U.S. District Court Rules in Long-Running Native American Trust Funds Case
August 8, 2008. Judge James Robinson of the U.S. District Court for the District of Columbia ruled that Native Americans were entitled to restitution in the long-running case charging mismanagement trust funds held by the government that were supposed to go to Native Americans. Robinson found that "the evidence supports an award in the amount of $455,600,000. . . . I have rejected the plaintiffs' claim of entitledment to an additional sum representing 'benefit to the government.' . . . This opinion . . . neither deals with nor resolves any claims that IIM account holders may have for damages against the government." Cobell v. Kempthorne, Slip opinion at 5. The Native American calculations had concluded that the government actually owed approximately $47 billion.
   Read the Cobell opinion.

Laptop Computers and Other Electronic Devices May be Held, Searched, and Copied Without Probable Cause or Reasonable Suspicion at Borders Under U.S. Customs and Border Protection Policy
August 1, 2008. U.S. Customs and Border Protection issued policy guidance to its agents on July 16, outlining procedures for holding and searching laptop computers or other electronic devices without warrant, probably cause, or reasonable suspicion for those entering the U.S., including U.S. citizens. This policy guidance follows previous testimony by Jayson P. Ahern, Deputy Commissioner, U.S. Customs and Border Protection, Department of Homeland Security, Before The Senate Committee on the Judiciary Constitution Subcommittee, in hearings entitied "Laptop Searches and Other Violations of Privacy Faced by Americans Returning from Overseas Travel" held on June 25, 2008. Ahern's position statement, provided below, asserts that the service has always had the authority to detain, analyze the contents, and copy any of the materials on those devices as well as to share that information with other agencies. He claims that authority was supported in an April ruling by the U.S. Court of Appeals for the Ninth Circuit U.S. v. Arnold in which the court concluded: "We are satisfied that reasonable suspicion is not needed for customs officials to search a laptop or other personal electronic storage devices at the border. Los Angeles International Airport may examine the electonic contents of a passenger's laptop without reasonable suspicion." Slip opinion at 4182.
   Access the U.S. Customs and Border Enforcment Policy on Electronic Device Detention and Search.
   Access the Ahern statement.
   Read Ninth Circuit ruling in US. v. Arnold, upholding detention and search of laptops and other devices without reasonable suspicion.

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

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."

White House Announces FY2009 Budget Proposal
February 4, 2008. The president has presented his FY2009 Budget proposal to Congress.
   The President and the Director of the Office of Management and Budget have once again indicated that there are 151 programs that have been marked for elimination or serious reduction which the White House asserts will save $18 billion ("Overview of the President's 2009 Budget, p. 7"). The OMB has not yet released a "major savings and reforms" document as it did the last three years. In the past program major cuts cuts or eliminations were explained in terms of performance ratings from the Program Assessment Rating Tool (PART) process. The OMB summary spreadsheet listing the ratings for all programs is also provided below.
    The OMB has a website that provides more complete and detailed information on PART assessments for agencies and programs. Entitled ExpectMore.gov, the site provides listings of programs that are "performing," programs that are described as "not performing -- which includes both those rated as "ineffective" and those listed as "results not determined." CAUTION In order to understand the ratings, it is essential not to stop with the summary assessment, but to drill down into the actual rating document for any given program, the links to which are provided on the ExpectMore.gov page.
    Because there is usually a great deal of interest, the page normally provides links to the expanded budget summaries for the Departments of Education and Health and Human Services and links to those documents are provided below.
    Access Full Budget Documents.
    Analytical Perspectives, Budget of the United States Government, Fiscal Year 2009.
   Access the Major Savings and Reforms Document for FY09.
    Access OMB PART Summary Ratings by Program.
    Access ExpectMore.gov for Detailed PART Assessments.
   Access the U.S. Department of Education, Fiscal Year 200 Budget Summary and Background Information TBA.
   Access the U.S. Department of Health and Human Services, Fiscal Year 2009 Budget-in-Brief. TBA

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

Bush Administration uses PART process as key feature of budget plans.
OMB has published the Program Assessment Rating Tool (PART) summaries by agency and, within that, by program. This is the basis for the White House assertion that major program cuts and changes had to be made in the FY2006 budget proposal to reflect results -- or the lack of them -- from existing operations.
   Program Assessment Rating Tool Summaries by Agency and Program
   Access the PART and Related Instructions

Office of Management and Budget Publishes Regulatory Analysis Requirements
The OMB issued Circular A-4 on September 17, 2003, setting forth the Regulatory Analysis requirements executive branch agencies are to meet when promulgating rules.
   Read Circular A-4

OMB Issues Report Under Bush Regulatory Change Policy
The Office of Management and Budget has issued its report entitled "Stimulating Smarter Regulation." This report to Congress follows on the Administrations 2001 report setting out the developing Bush Administration policy on regulation. While it was clear that the orginal policy was expected to move the deregulatory policy forward, the events of 9/11 meant a variety of new regulations, some based in statute and others initiated administratively from the White House and cabinet agencies.
   Access "Simulating Smarter Regulation"
   Access the 2001 Report

Bush Administration Sets Forth President's Management Agenda
The Office of Management and Budget has published the President's Management Agenda which announces the guiding principles, programs, and changed procedures to be used by Bush administration officials in their effort to reshape the federal government.
   Read the Agenda

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)
   http://www.supremecourtus.gov/

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
   http://www.law.cornell.edu:80/constitution/constitution.table.html#articlei

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
   GPO Access

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. Attorney General Opinions
   Office of Legal Counsel, U.S. Department of Justice
   http://www.usdoj.gov:80/olc/allopinions.htm

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.
   Weekly Compilation of Presidential Documents through January 2009.
   Daily 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
   http://thomas.loc.gov/
   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.
   http://www.opencrs.com/
   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/