Brief # 167 – Civil Rights
By Rod Maggay
On June 23, 2021 the United States Supreme Court handed down its decision in Lange v. California. The case examined whether a warrantless entry into a home by a police officer to apprehend a fleeing misdemeanor suspect was permissible under the Fourth Amendment to the U.S. Constitution.
Brief # 166 – Civil Rights
By Rod Maggay
On June 17, 2021 the United States Supreme Court handed down its decision in Fulton v. City of Philadelphia. In a unanimous judgment the Court ruled that Philadelphia’s decision to refuse to contract with Catholic Social Services of Philadelphia (CSS) unless CSS agreed to certify same – sex couples as foster parents violates the Free Exercise Clause of the First Amendment of the U.S. Constitution.
Brief # 165 – Civil Rights
By Rodney A. Maggay
On June 22, 2021 the United States Senate held a procedural vote on the floor of the Senate to determine if the For The People Act would be brought to the floor for a debate on the merits of the bill. The For The People Act is the massive 800 page voting rights bill already passed by the House of Representatives that would bring wholesale changes and minimum standards to voting laws in federal elections.
Brief #164 – Civil Rights Policy
By Rodney A. Maggay
On June 7, 2021 the New York Times published an article that illustrated conflicting priorities in the ongoing free speech vs. hate speech debate.
The First Amendment of the United States Constitution provides that “Congress shall make no law…abridging the freedom of speech….” On the other hand “hate speech” has no precise definition.
Brief #163—Civil Rights
By Rodney A. Maggay
During the late nineteenth and early twentieth centuries the Populist and Labor Movements in the United States helped usher in reforms, such as referendums and initiatives, that paved the way for direct democracy mechanisms to be implemented in a number of states.
Brief #162—Civil Rights
By Rod Maggay
On May 18, 2021 the United States State Department announced new policy guidance and interpretation for U.S. citizenship transmission to children born overseas through assisted reproductive technology.
Under the old rule children who had been carried to term by a surrogate and been born outside the United States were considered to be “born out of wedlock” and could not be granted U.S. citizenship even though the child’s legal parents were married at the time of the baby’s birth. Additionally, children who were born abroad needed to have a genetic or gestational relationship to the U.S. parent.
Civil Rights; Congressional Representation and Electoral Votes Don’t Change Much in the 2020 Census Totals; May 2021 Policy Summary: In 1929, Congress passed the Permanent Apportionment Act of 1929. After battles between rural and urban factions in Congress, the act...
Brief #160—Civil Rights
By Rod Maggay
On April 16, 2021 new U.S. Attorney General Merrick Garland issued a memorandum titled “Civil Settlement Agreements and Consent Decrees With State and Local Governmental Entities.”
The memo was comprised of four points. First, the new memo rescinded a November 2018 memo that imposed restrictions on the traditional use of consent decrees against state and local law enforcement entities. That November 2018 memo was issued by then Attorney General Jeff Sessions. Second, the new memo instructs that settlement agreements and consent decrees would return to the traditional process of approval that had been in place prior to Attorney General Sessions November 2018 memo. Third, the use of consent decrees again must lay out specifically what the violations are, what remedies are being proposed and how the remedies will address the violations. And lastly, the memo instructs that if monitors are brought in to help oversee the proposed consent decree that the monitors are independent, highly qualified and free of conflicts of interest. LEARN MORE
Brief #159—Civil Rights
By Rod Maggay
During the 2021 legislative session “anti – protest” and “anti – riot” bills have been introduced in a number of states across the United States. The bills vary in a number of key features but it is clear that these bills are being put forward in response to the protests last year against police misconduct and institutional racism. There have been more than 80 anti – protest bills introduced this year alone. Here is a list of the most noteworthy of those state bills.
On April 19, 2021 in Florida, Governor Ron DeSantis (R) signed the Combatting Public Disorder Act. That act creates a new charge of “aggravated rioting” which is focused on acts committed during a declared riot such as blocking a highway or the threat of force against a bystander. The bill also enhances the penalties for battery and burglary charges during a riot. Additionally, a mandatory sentence can be imposed on a person convicted of battery against a police officer during a riot.
Brief #158—Civil Right
By Rod Maggay
In 2013 the United States Supreme Court issued its decision in the Shelby County v. Holder case. The case was brought seeking to have Sections 4(b) and 5 of the Voting Rights Act of 1965 declared unconstitutional. The Voting Rights Act had been enacted to address racial discrimination in voting that had been a longstanding feature in a number of states, particularly in the Deep South.
Brief #157—Civil Rights
By Rod Maggay
On March 25, 2021 Governor Brian Kemp of Georgia signed Georgia SB 202, which is known as the “The Election Integrity Act of 2021.” The sweeping 98-page bill purports to make changes to voting and elections in order to make them more secure. The bill was passed by the Georgia Legislature in the aftermath of an election where claims of election fraud and irregularities were made when in fact there has been no evidence of election fraud in Georgia or around the country.
Brief #155—Civil Rights
By Rod Maggay
In 2015 Oregon became the first state in the country to implement an automatic voter registration (AVR) system for its residents. California became the second U.S. state to implement an AVR system when it approved a law in October 2015. Over the next few years an additional seventeen states and the District of Columbia have passed laws that enacted AVR systems for their states. An automatic voter registration system is one where an eligible voter must opt – out of voting. Under the old traditional system in place across the U.S., voters filled out paper voter registration forms and returned them to their local voting authority body. Under an AVR system, any eligible voter who interacts with a state or federal government agency for a non – voting purpose, such as applying for a driver’s license or identification card, will automatically be registered to vote in that state. There are differences across the states that have an AVR system but the person will be registered unless they affirmatively decline. In sixteen states, the person conducting a transaction with a state or federal agency can decline during their visit with the agency they are conducting business with while two other states give the person the option to decline a registration to vote via a paper mailer sent to the person who declines by mailing the paper back.