Archive for April, 2010
Doe v. Reed Oral Argument Wrap Up: Is Anonymity in Politics a Constitutional Right?
by David H. Gans, Director of the Human Rights, Civil Rights & Citizenship Program, Constitutional Accountability Center
In a January ruling opposed by a majority of Americans across the political spectrum, the Supreme Court in Citizens United v FEC opened up the floodgates to unlimited corporate spending on elections, while holding out the promise that corporations [...]
Posted: April 30th, 2010 under Corporations.
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Forced Injustice in Arbitration: Heads, Corporate America Wins; Tails, Ordinary Americans Lose
by Elizabeth Wydra, Chief Counsel, Constitutional Accountability Center
What a difference a day makes in the Roberts Court.
On Monday, during the Rent-A-Center v. Jackson oral argument, discussed here, the conservative Justices gave every indication that employees who sign arbitration agreements with corporate employers without having any real choice whether to sign at all—let alone agree to [...]
Posted: April 29th, 2010 under Access to Courts, Juries, & the Ballot Box, Corporations.
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Forced Arbitration and Corporate “Justice”: Proof that We Need a Supreme Court That Understands How the Law Affects Ordinary Americans
by Elizabeth Wydra, Chief Counsel, Constitutional Accountability Center
From today’s oral argument in Rent-A-Center v. Jackson, it appears that corporate America, and apparently some Justices on the Supreme Court, believe that there are basically only two situations in which a court can invalidate a broad, mandatory, pre-dispute arbitration agreement signed by an applicant for a job [...]
Posted: April 26th, 2010 under Access to Courts, Juries, & the Ballot Box, Corporations.
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Argument Preview: Rent-A-Center v. Jackson & Forced Arbitration of Civil Rights Claims
by Elizabeth Wydra, Chief Counsel, Constitutional Accountability Center
The Supreme Court on Monday will hear argument in Rent-A-Center v. Jackson, a case raising the question of whether civil rights plaintiffs have the right to access federal courts in order to argue that a pre-dispute mandatory arbitration agreement is so unfair that it is “unconscionable,” and [...]
Posted: April 23rd, 2010 under Access to Courts, Juries, & the Ballot Box, Corporations.
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CAC Urges Senate to Confirm Goodwin Liu to the Ninth Circuit
In a letter to the Senate Judiciary Committee sent on April 22, CAC has urged the Senate to confirm Berkeley Law Professor Goodwin Liu to the United States Court of Appeals for the Ninth Circuit. As we stated in our letter, Professor Liu’s “exceptional record of accomplishments, his ‘well qualified’ rating by the American Bar [...]
Posted: April 23rd, 2010 under Judicial Nominations.
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William Forbath to Progressives: Learn to Use Constitutional History
In a very important essay published this week in Politico’s “Arena,” constitutional historian William Forbath makes many of the same arguments that CAC has been making since its inception.
First, Forbath correctly observes that, in talking about our Constitution’s history, progressives have been losing the battle to conservatives who misleadingly lay claim to the document’s original [...]
Posted: April 22nd, 2010 under Taking Back the Constitution.
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In Memoriam: Dorothy Height, 1912-2010
Today, as we celebrate Justice Stevens’ 90th birthday, we also mourn the passing of one of the leaders of the Civil Rights Movement, Dorothy Height. An organizer and activist who worked closely with Dr. Martin Luther King, Jr. and other Movement leaders, and the longtime President of the National Council of Negro Women, Dr. Height [...]
Posted: April 20th, 2010 under Human & Civil Rights.
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Happy 90th Birthday, Justice Stevens!
Today is the 90th birthday of Justice John Paul Stevens, the longest-serving Justice on the current Supreme Court and a towering figure in Supreme Court history. With Justice Stevens’ announcement two weeks ago that he will retire from the Court at the end of this Term, we at CAC (along with many others) have already [...]
Posted: April 20th, 2010 under Uncategorized.
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Justice Stevens’s Approach to the Environment: Follow the Law
by Doug Kendall, President, Constitutional Accountability Center. This article is cross-posted in Grist Magazine and on Warming Law.
Following last Friday’s announcement that Justice John Paul Stevens will retire from the Supreme Court at the end of this term, President Obama hailed the Court’s most senior Justice as “an impartial guardian of the law.” [...]
Posted: April 15th, 2010 under Environmental Law.
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Birthright Citizenship: Why Do Conservatives Want to Deny The Promise of the Constitution?
by Elizabeth Wydra, Chief Counsel, Constitutional Accountability Center. This piece is cross-posted at ACSblog.
It seems many conservatives have developed collective amnesia about portions of our Constitution and its history. The most recent example of this phenomenon is Virginia Governor Bob McDonnell’s proclamation declaring April Confederate History Month, in which he didn’t [...]
Posted: April 14th, 2010 under Citizenship & Immigration.
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