Controversies

City vs. State: Memphis Sues Tennessee over Voter ID Law

Before the law took effect on January 1, 2012, voters needed only to show a valid form of ID that included their signature, such as a Social Security card or a credit card. Under the new statute, voters must show an approved photo identification card at polling places. Library cards with photo IDs do not qualify, nor do student IDs with photos. The city of Memphis takes the position that presenting a library card with a photo should be sufficient to allow someone to vote. read more

Reagan-Appointed Judge Blasts Obama for Abuse of Executive Power Regarding Guantánamo Prisoners

Lamberth wrote that “If the separation-of-powers means anything, it is that this country is not one ruled by executive fiat. Such blanket, unreviewable power over counsel-access by the executive does not comport with our constitutional system of government.” The Center for Constitutional Rights (CCR), which represents several captives, was pleased by the decision. “Today’s ruling reaffirms that constitutional rights are not subject to the whim of the executive.” read more

Shell Safety Testing for Arctic Drilling Blowout Lasted for Only 2 Hours

Apparently BSEE has chosen to rely on Shell to regulate itself. Steiner added in a prepared statement for PEER: “A simple emissions test report for my car is far more rigorous than what BSEE has produced for Shell's Arctic capping stack. From this, we still don’t know that this critical piece of equipment will work if needed.” read more

FDA Sued for Failing to Meet Food Safety Deadlines

The deadlines are part of the Food Safety and Modernization Act (FSMA), which President Barack Obama signed into law in January 2011. FSMA includes a wide range of guidelines, including a foreign supplier verification program, increased inspection of records and improved certification of laboratories tasked with inspecting food products. According to the plaintiffs, FDA officials submitted the new regulations to OMB, where they have sat awaiting action. read more

Alabama First State to Require Fingerprints of Prison Visitors

Without citing any security-related need or problems, the state of Alabama has decided to require visitors at prisons to undergo fingerprinting. Under the prior system, guards had only visitors’ photo ID cards to rely on for verifying someone’s identity. That meant taking more time to stop and review each driver’s license before allowing visitors into a correctional facility. read more

Inspector General Criticizes Defense Dept. Internal Security as “Disjointed” and “Fragmented”

The Pentagon does not lack for security policies, according to the agency’s inspector general. The trouble lies with the number of such policies—43 in fact—and the lack of coordination among them. “DoD security policy is fragmented, redundant, and inconsistent,” wrote the IG in a new report. “The sheer volume of security policies that are not coordinated or integrated makes it difficult for those at the field level to ensure consistent and comprehensive policy implementation.” read more

First Catholic Bishop Sentenced in Child Sex Abuse Cover-Up

The case was expected to produce a sensational trial, originally scheduled to begin next month. But prosecutors decided to skip a jury trial and have Judge John Torrence decide the case in a brief court hearing that lasted little more than an hour. Finn’s conviction stemmed from the case of Reverend Shawn Ratigan, who got into trouble in 2010 after it was discovered he had photographs of young girls’ genitalia on his computer. read more

Bush-Appointed Judge Slammed for Trying to Eliminate Nevada’s “None of the Above” Ballot Choice

Jones assigned himself the case on July 3 and then ruled orally on August 22 that the “none of these candidates” choice was unconstitutional and must be removed. However he never issued a written decision. Jones was accused of dragging his feet to prevent any appeal from putting the option back on ballots, which election officials must start printing by September 7. A three-judge panel of the Ninth Circuit acted quickly, voting unanimously on September 4 to stay Jones’ ruling. read more

Is the House Financial Services Committee Facebook Page Illegally Promoting Partisan Politics?

However, it is unclear if the same rules apply to House committee Facebook pages. In the case of the House Financial Services Committee, its Facebook page includes a photograph of President Barack Obama, the title “BETTER OFF?” and the tag “#WECAN DO BETTER.” read more

The 82-Year-Old Nun Who Breached U.S. High-Security Nuclear Complex

Officials fired security guard Kirk Garland, the guard who actually apprehended Sister Rice and the others, and are scapegoating him for the systemic security lapses—including inoperable security cameras and guards ignoring alarms—that allowed them to breach the facility with such ease. The government pays $1.2 billion for security at Oak Ridge every year, leading one unnamed DOE official to wonder “what are we getting for it?” read more

Federal Government Drops Abuse-of-Power Case against Sheriff Arpaio, But More to Come

The U.S. Attorney’s Office in Phoenix quietly announced late Friday, just before the three-day weekend, that it would not prosecute Arpaio on abuse-of-power charges. Federal prosecutors spent four years investigating the 80-year-old law enforcement official, who bills himself “America’s Toughest Sheriff.” read more

Is Obama Administration Going Too Far in Seizing Web Domains?

In a similar case, on January 31, 2011, DHS seized the sports streaming sites Rojadirecta.com and Rojadirecta.org. However, on August 29 the government dropped its case against Rojadirecta and returned the domain to its Spanish owners without explanation. To date, DHS has seized about 700 domain names as part of “Operation In Our Sites.” read more

Immigration Enforcement Chief of Staff Resigns over Allegations of Anti-Male Discrimination

At one point, according to Hayes’ complaint, “Barr moved the entire contents of the offices of three male employees, including name plates, computers, and telephones, to the men’s bathroom at ICE headquarters.” In addition, “Barr took an ICE blackberry device assigned to a male Special Agent in Charge and sent a Blackberry Messenger message to his female supervisor indicating that the male employee had a crush on the female supervisor and fantasized about her.” read more

Federal Courts Versus Republican Efforts to Limit Voting: Ohio

Republicans claimed it was necessary to restrict access to early voting in order to curb voter fraud and that voting on the weekend and Monday interfered with preparations for Election Day. Economus disagreed with the rationale. The Clinton-appointed judge wrote that all Ohioans have a constitutionally protected right to participate in elections on an equal basis. read more

Federal Courts Versus Republican Efforts to Limit Voting: Texas

The judges found the new legislative and congressional boundaries violated the Voting Rights Act and weakened the political clout of minorities who were the reason why Texas grew in population and gained four more seats in Congress. Latinos accounted for 65% of the increase, blacks 13.4% and Asian-Americans 10.1%, yet Latinos did not gain any seats in the Republican redistricting plan. read more

Federal Courts Versus Republican Efforts to Limit Voting: Florida

Democrats say damage has already been done as a result of the 48-hour provision. Over the past year, Democratic Party registration increased by only 11,365—compared to an average of 209,425 each year from 2004 to 2008. While Democrats struggled to register new voters, the number of registered Republicans went up by 128,039 from 2011 to 2012. read more