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More encouraging(?) news from Capitol Hill on federal statutory criminal justice reform efforts

Axios has this interesting new piece headlined "Senate plans barrage on crime," which provides an encouraging update on the commitment of some key Senators to get additional federal criminal justice reforms to the finish line soon. Here are some details (with a bit of my emphasis added): Sens. Dick Durbin (D-Ill.) and Chuck Grassley (R-Iowa) are working to win Senate passage of a big criminal justice reform package this Congress. Why it matters: Crime is spiking in big cities. Sen. Tim Scott (R...
Tags: Texas, Law, Congress, Senate, US, Gop, House, Iowa, Chuck Grassley, Capitol Hill, DEA, Louie Gohmert, Senate Judiciary Committee, Scott, Grassley, House Judiciary Committee


"Now it's the first of the month and rent — and back rent — is suddenly due for millions of Americans who have been shielded from eviction during the pandemic."

"Millions of households could face eviction over the next month — when lawmakers on are on their annual August recess — and some have predicted a full-blown eviction crisis, just as a surge in Covid cases from the highly contagious Delta variant may be prompting renewed calls for people to stay home and keep their distance. 'We only learned of this yesterday,' House Speaker Nancy Pelosi told reporters Friday evening after the House tried and failed to pass legislation that would extend the feder...
Tags: Supreme Court, Law, Congress, White House, Joe Biden, House, Nancy Pelosi, Biden, Separation of Powers, Pelosi, Kavanaugh, Ann Althouse, America CNN, Coronavirus, COVID


House hearing to explore "How Court-Imposed Fees and Fines Unjustly Burden Vulnerable Communities"

Tomorrow morning at 10am ET, the House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security will hold a hearing titled "A Fine Scheme: How Court-Imposed Fees and Fines Unjustly Burden Vulnerable Communities." This hearing should be live-streamed at this link. Via email, I received notice that Alexes Harris will testify, and that her essay “Monetary Sanctions as a Pound of Flesh” was just published today as part of the Brennan Center's Punitive Excess series.  Here is a p...
Tags: Law, Congress, House, Douglas A Berman, Alexes Harris, Brennan Center s Punitive Excess


A Senate panel just took a step closer to requiring women to register for the US military draft

Female soldiers from the US Army's 1st Brigade Combat Team, 101st Airborne Division training on a firing range in Fort Campbell, Kentucky on September 18, 2012. Mark Humphrey/AP Photos A Senate panel included the requirement that women register for the draft in its annual defense policy bill. Changes to the draft law have been debated since restrictions on military service for women were lifted. Last year, a congressionally-mandated commission argued in favor of amending the law. See m...
Tags: Politics, Supreme Court, Congress, Senate, Politico, US, Trends, Joe Biden, Military, House, Vietnam, US Army, US supreme court, Sonia Sotomayor, Senate Armed Services Committee, National Coalition


Questions To Ask Before Going In-House

In some ways, you won’t know whether you’ll like it until you try it.
Tags: Law, House, In-House Counsel, Meyling "Mey" Ly Ortiz


House Judiciary Committee votes 36 to 5 to advance the EQUAL Act to reduce federal crack sentences

At a time of problematic and often ugly partisanship inside the Beltway, I have continued to believe and hope that a number of federal sentencing reforms could and should still be able to secure significant bipartisan support.  This belief was reinforced yesterday when the House Judiciary Committee voted 36 to 5 to advance the Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act.  Excitingly, not only does this bill reduce crack statutory sentences to the level of powder cocaine ...
Tags: Law, Congress, Senate, Gop, House, DEA, House Judiciary Committee, USSC, Douglas A Berman, US Sentencing Commission, US Senate Judiciary Committee


"Speaker Nancy Pelosi stunned the GOP on Wednesday by vetoing two of House Minority Leader Kevin McCarthy's choices for a select panel investigating the Jan. 6 Capitol attack..."

"... a move all but guaranteed to spark a Republican boycott of the probe. Pelosi rejected Rep. Jim Banks (R-Ind.), who was tapped to serve as ranking member, and Rep. Jim Jordan (R-Ohio), both of whom voted to challenge certification of President Joe Biden’s electoral wins earlier this year. Her decision sent shock waves through the House and is likely to galvanize House Republicans against any participation in the investigation.... McCarthy issued a scorching reply that made clear he would ya...
Tags: Law, Joe Biden, Gop, House, Ohio, Jordan, Nancy Pelosi, Mccarthy, Jim Jordan, Pelosi, Kevin McCarthy, Ann Althouse, Jim Banks R Ind, the Trump resistance


'This is really f---ed up down here': GOP Sen. Dan Sullivan called Mark Milley during the Jan. 6 riot and spoke against a tentative plan to evacuate senators, book says

Sen. Dan Sullivan of Alaska. Leigh Vogel/Pool via AP Sullivan told Milley on Jan. 6 that a tentative plan to move senators by bus could present danger. Senators had already been rushed to a secure location within the Capitol after the riot broke out. Pelosi and Schumer later got on a call with Pentagon leaders to express alarm at the response. Sign up for the 10 Things in Politics daily newsletter. After Republican Sen. Dan Sullivan of Alaska surveyed the harrowing scene at the Capitol dur...
Tags: Politics, New York, Congress, California, Washington Post, Senate, Trends, Joe Biden, Fbi, Military, Gop, Alaska, House, Pentagon, Nancy Pelosi, Chris Miller


What legally distinguishes a "non-violent Federal cannabis offense" from a violent one (and would multiple SCOTUS rulings be needed to sort this out)?

The question in the title of this post is prompted by key language in the resentencing and expungement provision of the "discussion draft" of Senate Majority Leader Chuck Schumer's new federal marijuana reform bill, the Cannabis Administration and Opportunity Act.  The full text of this CAO "discussion draft" is available here; this highly-anticipated bill draft runs 163 pages and covers all sorts of reform and regulatory issues related of federal marijuana law and policy (see coverage here at M...
Tags: Law, Senate, House, Arizona, Dante, Ccrc, Chuck Schumer, Congressional Budget Office, Bureau of Prisons, Douglas A Berman, Merrick Garland, CAOA


In House Q&A: Hazelden Betty Ford Foundation’s Jennifer Lohse

The foundation's GC weighs in on the in-house career path and the importance of making a difference.
Tags: Law, Finance, House, Biglaw, In-House Counsel, Jonathan Wolf, ATL Finance, Hazelden Betty Ford Foundation, Finance Docket, In-House Q&A, Jennifer Lohse


Comments on Trump’s Lawsuits Against YouTube, Facebook, and Twitter

When Trump signed his anti-230 EO in May 2020, I was immediately overwhelmed with media calls all asking the same basic question: this is garbage, right? We now have the final answer to that question. As I and others predicted at the time, the EO–now repealed–had zero material legal effect on Section 230 (though it keeps inspiring people who irrationally hate the “Tech Giants” more than they hate government censorship). So when Trump sued YouTube, Facebook, and Twitter on Wednesday….wow, deja v...
Tags: Twitter, Florida, Supreme Court, Law, Congress, Cdc, Youtube, US, United States, House, Silicon Valley, Doj, Michael Moore, Knight Foundation, Chris, Trump


Let's read the full text of Trump's CPAC speech.

Here's the transcript of yesterday's speech. I'll just give you some highlights — things that jumped out at me as I read it, seeing things for the first time (that is, I didn't watch the speech):For generations, the American conservative union has helped lead the charge to defend our values, protect our country, and preserve our glorious American heritage. You see they’re taking our heritage away.... In a matter of mere months, Joe Biden has brought our country to the brink of ruin.... Now the B...
Tags: Google, Mark Zuckerberg, Law, Senate, White House, China, Russia, New York City, America, Joe Biden, House, Silicon Valley, Republican Party, Biden, Trump, Facebook Twitter


The Supreme Court gets it right on Section 2

This article is the final entry in a symposium on the court’s decision in Brnovich v. Democratic National Committee. Hans von Spakovsky is a senior legal fellow and manager of the Election Law Reform Initiative at The Heritage Foundation. He is former career counsel to the assistant attorney general for civil rights at the U.S. Department of Justice. The Supreme Court’s 6-3 decision in Brnovich v. Democratic National Committee is not only the correct result under the applicable law – Section 2 ...
Tags: Featured, Supreme Court, Law, Congress, Senate, Dnc, House, Arizona, Vra, State, Sonia Sotomayor, Alito, Democratic National Committee, Shelby County, Stephen Breyer, Elena Kagan


Diversity in the judiciary isn't just about representation. It impacts how cases are decided.

Skye Gould/Insider Close-up of American jurist Ruth Bader Ginsburg (1933 - 2020) during her testimony before the US Senate Judiciary Committee during a confirmation hearing over her appointment to the Supreme Court, Washington DC, July 20, 1993. Michael R Jenkins/Congressional Quarterly/PhotoQuest/Getty Images Researchers who study courts have found judges' gender and racial identity impacts how cases are decided. In sex discrimination cases, women are 15% more likely to r...
Tags: Supreme Court, Law, US, Trends, Harvard, United States, House, Jimmy Carter, Arizona, Civil Rights, Judges, Usa Today, Gender Diversity, Ruth Bader Ginsburg, Gender Discrimination, Sen


Obama says Trump violated ‘core tenet’ of democracy with election ‘hooey’ – as it happened

Former president condemns Donald Trump’s election liesWhite House spokeswoman says Biden wants Miami investigationBill Barr calls Donald Trump’s election fraud claims ‘bullshit’Revealed: far-right group includes military officers and politicians 1.02am BST – Maanvi Singh and Vivian Ho 12.33am BST As the United States has become more diverse, it has also become more racially segregated, according to a new nationwide analysis from researchers at the University of California, Berkeley.More ...
Tags: Law, Obama, New York City, US, America, World news, Joe Biden, US news, United States, US politics, House, LGBT rights, Miami, Biden, Donald Trump, Detroit


Obama says Trump violated ‘core tenet’ of democracy with election ‘hooey’ – live

Former president condemns Donald Trump’s election liesWhite House spokeswoman says Biden wants Miami investigationBill Barr calls Donald Trump’s election fraud claims ‘bullshit’Revealed: far-right group includes military officers and politicians 10.01pm BST 9.54pm BST Efforts to form a bipartisan, 9/11-style commission into 6 January US Capitol riot may have failed, but House Speaker Nancy Pelosi has long committed to forming a select committee to investigate the attack. Today, she intr...
Tags: Law, Obama, World news, Joe Biden, US news, US politics, House, LGBT rights, Miami, Nancy Pelosi, Biden, Donald Trump, US supreme court, Trump, Pelosi, Barr


Why aren't there much stronger calls for CONGRESS to fix post-pandemic home confinement problems?

In many prior posts (some linked below), I have discussed the Office of Legal Counsel memo released at the end of the Trump Administration which interprets federal law to require that certain persons transferred to home confinement pursuant to the CARES Act be returned to federal prison when the pandemic ends.  I see that there are two more notable new press articles on this topic: From The Hill, "Biden faces criticism for not extending home confinement for prisoners" From the Washington Post, "...
Tags: Post, Law, Congress, Washington Post, House, Biden, Doj, Trump, Senate Judiciary Committee, Hill, Bonnie Watson Coleman, Office of Legal Counsel, Justice Department s Office of Legal Counsel, Bureau of Prisons, OLC, Douglas A Berman


In-House Q&A: Perkins Coie’s Jennifer Bluestein

The firm’s Chief Talent Officer weighs in on the place of T14 law schools and what led her to write books guiding associates’ careers. 
Tags: Law, Finance, House, Biglaw, Perkins Coie, In-House Counsel, Jonathan Wolf, ATL Finance, Jennifer Bluestein, Finance Docket, In-House Q&A


First person taken of Ohio death row based on new statute precluding capital punishment for those with "serious mentally illness"

In this post back in January, I reported on the new Ohio statute precluding the death penalty for those with "serious mentally illness."  Today I can report, with the help of this local article, that this law has now moved one person off Ohio's death row: "A Columbus man sentenced to death in 1999 for the murder of his ex-girlfriend and her father has become the first inmate in Ohio removed from death row under a new state law that bans the execution of the seriously mentally ill."  Here are mor...
Tags: Law, Virginia, House, Ohio, Columbus, Death Penalty Information Center, Gary, East Side, Dunham, Roberts, state Senate, Franklin County, Ohio Supreme Court, Mike DeWine, Grubb, Steve Brown


Tea Time: In-House v. Biglaw

Going in-house is not all rainbows and butterflies all the time.
Tags: Law, House, Biglaw, In-House Counsel, Meyling "Mey" Ly Ortiz


Abbott vetoes demonstrate continued antipathy toward #cjreform, bootlicking toward police unions

My better half, Kathy Mitchell, posted this on Facebook about Gov. Abbott's criminal-justice vetoes, and since I hadn't written anything on the subject yet, with her permission I'm re-posting it here. For a more sanguine perspective on what Grits has called the worst Texas legislative session on criminal justice in the 21st century, see Marc Levin's column in the SA Express News summarizing everything that passed which reformers might consider a (small) victory. Rep. Pacheco's HB 385 may be the ...
Tags: Facebook, Texas, Law, Senate, House, Abbott, Capitol, Kathy, Kathy Mitchell, Pacheco, Dan Patrick, Marc Levin, Gritsforbreakfast, Ray Hunt, Terra Tucker, Alliance for Safety


Beware the Budget Implementer: New Employment Laws On the Way

If you’ve been reading this blog long enough, you know that the budget implementer bill in the state legislature always contains more than just budget items. It’s a “must-pass” bill that normally has items that, for one reason or another, didn’t pass during the regular session but that are important to various legislators. It was just four years ago that the budget implementer contained big changes to the state’s FMLA laws; those provisions were withdrawn at the last minute, but you get the ide...
Tags: Law, House, Connecticut, state Senate, FMLA, Chro, CT Essential Workers COVID


Notwithstanding in Ontario, Yet Again

Nearly three years ago, I wrote here that the use of s. 33 in Ontario constituted “UnChartered waters.” Given the successful appeal in that case, the use of the clause ultimately wasn’t necessary. However, I was fortunate to appear as an intervener before the Court to note that the potential use of the notwithstanding clause would presumably appear in circumstances that were pressing and substantial, and asked the Court to carefully scrutinize any such rationale as a result. That decision is sti...
Tags: Law, Court, Vienna, Canada, United States, United Kingdom, House, States, Bill, Parliament, Quebec, Alberta, Ontario, Legislature, Ontario Superior Court of Justice, Charlottetown


GOP Rep. Mo Brooks served with lawsuit over his role in Jan. 6 sacking of U.S. capitol

House Representative Mo Brooks (R-Al.) was finally served this weekend with a lawsuit, filed by one of his Democratic colleagues, claiming that he took an active role in facilitating the Jan. 6 sacking of the U.S. Capitol by Trump supporters. Brooks' efforts to avoid being handed the lawsuit had already became comical, and ended in farce Sunday with a Twitter rant about plaintiff Eric Swalwell (D-Ca.) — Read the rest
Tags: Post, News, Law, Gop, House, Lawsuits, Trump, Brooks, Mo Brooks R AL, U S Capitol, Mo Brooks, Eric Swalwell, Capitol Riot


New Laws Coming Out of General Assembly, Including Updated Breastfeeding in Workplace Rules

Just a few more days until the General Assembly wraps up for the current year.  With the end upon us, employers needs to stay up on the bills — some of which get lots of press, some of which don’t. One of the bills that has been passed over the last few days — and signed by the Governor on Friday — updates the state’s laws on breastfeeding in the workplace. Public Act 21-27 (formerly House Bill 5158) amends Conn. Gen. Stat. Sec. 31-40w to establish certain criteria for employer-provided areas u...
Tags: Workplace, Law, Legislation, Breast Milk, Breastfeeding, Accommodation, House, Milk, Employer, Private, General Assembly, Express, Laws and Regulations, Wage & Hour, Legislative Developments, Undue hardship


The Language Of In-House

Companies take the jargon up to an entirely different level.
Tags: Law, House, In-House Counsel, Meyling "Mey" Ly Ortiz


In-House Q&A: Bright Machines’ Victoria Libin

The tech company GC weighs in on the path to an in-house role, how law departments can be true business partners, and cultivating happiness in your career.
Tags: Law, Finance, Government, House, In-House Counsel, Jonathan Wolf, ATL Finance, Finance Docket, In-House Q&A, Victoria Libin


How Far Can We Go Before the Constitutional Bargain Is Undermined?

The Quebec Government’s An Act respecting French, the official and common language of Québec (Bill 96), has generated considerable controversy over whether a province is able to make significant constitutional changes to its status and the use of the French and English languages unilaterally. It also raises the question of whether, if enacted and the constitution is amended, it will undermine the very architecture of the 1867 constitutional “deal” that united the original four members of confede...
Tags: Google, Supreme Court, Law, Senate, Court, Canada, New Brunswick, House, House Of Commons, Cambridge, Newfoundland, Nova Scotia, Victoria, Bill, Parliament, Oklahoma


"The Kellys have preserved the interior walnut planes, cove lighting and most of the room configurations. They added reinforced window glass, skylights, pink carpet, crystal chandeliers and stained-glass lamps."

"Walls are covered in paintings and prints, whether reproductions of Impressionist masterpieces or folk art portraits, alongside family photos. 'I just like art, I’ve got all kinds of art, I don’t care what it is,' Kelly said. Knickknacks on the shelves include creamy ceramic vessels that her sons made as children and souvenirs of vacations nationwide — the very kind of 'odds and ends of family living' that Woman’s Home Companion had envisioned. A coating of sparkly green stucco on MoMA’s woode...
Tags: New York, Law, Architecture, Museums, House, Michigan, Museum of Modern Art, Long Island, Moma, Burlington, Kelly, Tom Wolfe, Aesthetics, Ann Althouse, Interior Decoration, Shaun Kelly


2021 Spring Update From Washington, D.C.

Things are getting almost back to normal after the attack on the Capitol building on January 6th. The barricades were slowly coming down, but then a subsequent incident happened when a car crashed into a barrier killing one of the Capitol police officers. There is still some lingering sense of apprehension about what might happen next. The Biden administration is now trying to reverse all the damage done by the previous administration, by issuing executive orders and introducing legislation. Whe...
Tags: Texas, Law, Congress, Washington, Senate, United States, House, House Of Representatives, Dc, Biden, District Of Columbia, Bureau, United States of America, Capitol, District, Legal Information



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