Law

Will the Supreme Court Toss Life Without Parole for Juveniles? Will the Supreme Court Toss Life Without Parole for Juveniles?

Some justices hint they might limit mandatory sentences that send teenagers to die in prison.

Mar 21, 2012 / Liliana Segura

The Patriot Act You Don’t Know About The Patriot Act You Don’t Know About

When the federal government wants some information under Section 215 of the Patriot Act—which allows agents to access “tangible things” like business records—it goes to the Foreign Intelligence Surveillance Court. This much we know. What we don’t know is how broadly FISA interprets Section 215—what information it allows federal agents to access, and to what extent the government must prove “relevance” to a terrorism investigation. Two men who do know, however—Senators Mark Udall and Ron Wyden of the Senate Intelligence Committee—have consistently sounded alarms about what FISA is allowing under Section 215. While unable to reveal specifically what they have learned, the two Senators have repeatedly said that the public would be shocked if it knew what information was being collected with the help of FISA and the Patriot Act. This week, Udall and Wyden wrote to Attorney General Eric Holder asking him to address this issue (emphasis is theirs): We believe most Americans would be stunned to learn the details of how these secret court opinions have interpreted section 215 of the Patriot Act. As we see it, there is now a significant gap between what most Americans think the law allows and what the government secretly claims the law allows. This is a problem, because it is impossible to have an informed public debate about what the law should say when the public doesn't know what its government thinks the law says. The two senators were spurred to write after learning the Justice Department wants to dismiss lawsuits filed by the American Civil Liberties Union and the New York Times that seek to find out exactly how the government is interpreting Section 215. But it’s not the first time they’ve raised the issue, to Holder nor publicly—we’ve flagged it before here, and Wyden gave a dramatic speech on the Senate floor about this last year: Download Video as MP4   In 2009, the administration promised it would establish a process for “reviewing, redacting and releasing significant opinions” of FISA, but as the letter from Udall and Wyden notes, this hasn’t happened once. One has to assume Udall and Wyden are legitimately disturbed by what they know—it’s extremely unusual for two senators to go so public about secret information they are privy to, and especially to prod a president (and former Senate colleague) from their own party. Will we ever know what has alarmed them?

Mar 16, 2012 / George Zornick

Why Life Without Parole Is Wrong for Juveniles Why Life Without Parole Is Wrong for Juveniles

The Supreme Court has ruled that children should be treated differently from adults. Why do we still sentence them to die behind bars?

Mar 13, 2012 / Randy Hertz

Will the Courts Protect Voting Rights? Will the Courts Protect Voting Rights?

A pair of rulings suggest there is some hope, but not too much, that courts will prevent disenfranchisement.

Mar 12, 2012 / Ben Adler

Los Espías de la Policía de Nueva York Los Espías de la Policía de Nueva York

Fuera de Washington hay bastante la indignación, particularmente en los campus universitarios y en las comunidades afectadas, en donde las revelaciones de espionaje cayeron como un...

Mar 8, 2012 / The Editors

Can Anyone Rein in the NYPD’s Spies?

Can Anyone Rein in the NYPD’s Spies? Can Anyone Rein in the NYPD’s Spies?

Outrage over the surveillance of Muslim communities must be channeled into pressure to investigate—and end—the federally funded program.

Mar 7, 2012 / The Editors

Why Obama’s Healthcare Law Is Constitutional

Why Obama’s Healthcare Law Is Constitutional Why Obama’s Healthcare Law Is Constitutional

The individual mandate is not a threat to fundamental liberties.

Mar 7, 2012 / David Cole

Protect Pregnant Women: Free Bei Bei Shuai

Protect Pregnant Women: Free Bei Bei Shuai Protect Pregnant Women: Free Bei Bei Shuai

Bad things happen when laws to protect fetuses are turned against the women who carry them.

Mar 7, 2012 / Column / Katha Pollitt

Where’s the Outrage Over the NYPD’s Spying Operation?

Where’s the Outrage Over the NYPD’s Spying Operation? Where’s the Outrage Over the NYPD’s Spying Operation?

For there to be any kind of change, outrage over the NYPD's spying operation will need to spread more broadly throughout the progressive community.

Mar 7, 2012 / The Nation

Obama Poised to Restrict Protest Rights Obama Poised to Restrict Protest Rights

A little-noticed bill would make it harder for protesters to demonstrate near federal officials. 

Mar 6, 2012 / George Zornick

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