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Supreme Court to Hear Gay Marriage Cases
The U.S. Supreme Court has granted certiorari in two cases dealing with the issue of gay marriage. In United States v. Windsor, the Court will consider the constitutionality of the Federal Defense of Marriage Act. In Hollingsworth v. Perry, the Court tackles the constitutionality of California’s Proposition 8, which banned gay marriage in the State. The Court’s action sets the stage for a highly contentious, closely watched legal battle — the first time the High Court has directly addressed the issue of gay marriage. Oral arguments are expected in March, with a decision by the beginning of summer. Future issues of Supreme…
Read more...Could the Court Revisit Health Care Reform?
The Supreme Court’s landmark series of decisions on the constitutionality of the Patient Protection and Affordable Care Act in June of this year may not be the last word on the matter. Last week, the U.S. Supreme Court instructed the Fourth Circuit U.S. Court of Appeals to rehear a lawsuit challenging the law’s mandate that companies and organizations with more than 50 employees provide health care or pay a penalty. Although the Supreme Court had upheld the requirement that all Americans have insurance or pay a fine (technically, a tax) — the so-called individual mandate — it declined to rule…
Read more...The Implications of Election Day 2012
On Tuesday, Americans went to the polls across the country to vote. Elections were held for president, every seat in the House of Representatives, and one-third of the Senate. The result is that the political playing field in Washington will look much the same as it has for the past two years. President Barack Obama was re-elected to a second term by a solid margin in the Electoral College. Democrats will continue to hold power in the Senate, adding two seats to give them a 55-45 majority (assuming Bernie Sanders (Socialist Party) of Vermont and newly elected independent Angus King…
Read more...Medicaid Expansion: The New Health Care Debate
A main goal of the Patient Protection and Affordable Care Act (ACA), President Obama’s health care reform legislation, was to extend health care insurance coverage to most uninsured Americans ― an estimated 30 million people. One way it does that for low-income people is by expanding eligibility for Medicaid, a Federal–State program that now covers more than 60 million Americans. It’s estimated that an additional 7 million would be covered through the expansion. The ACA provides that, effective January 1, 2014, Medicaid will be expanded to include individuals age 19 to 65 with incomes up to 133 percent of the…
Read more...Supreme Court Opens 2012-13 Term
The U.S. Supreme Court kicked off its 2012-13 term on Monday with an upcoming docket that, while perhaps not containing the high stakes legal fireworks that marked the end of the 2011-12 term, has a number of interesting cases set for the coming months. In its first case of the new term, the Court heard oral arguments in Kiobel v. Dutch Petroleum, which deals with whether parties — including corporations — can be sued under Federal law for human rights violations on either U.S. or foreign soil. Kiobel was originally argued last term, but it was relisted in order to…
Read more...Congress Expected to Punt on Major Issues
As Congress nears the close of a truncated pre-election session, a series of significant issues have yet to be resolved and are likely to be put off until the post-election lame-duck session. The following is a summary of the most important unfinished business before the House and Senate:
Read more...Is the Law of the Sea Treaty Sunk in the Senate?
The United Nations Law of the Sea Convention (LOS), the regime governing international water rights and management of maritime resources, has been a controversial subject in the United States for more than 30 years and spanning five presidencies. This summer, it has once again garnered headlines, as competing political factions in the U.S. Senate lock horns over a possible ratification vote. We focus on the details of the convention, and the key arguments for and against it, in the September issue of International Debates. When international negotiations for the LOS Convention were completed in 1982, President Ronald Reagan refused to…
Read more...Cybersecurity Bill Blocked by Senate Filibuster
On July 26, right before adjourning for a five-week recess, the Senate failed to failed to pass legislation to establish security standards to prevent large-scale cyber attacks on the Nation’s critical infrastructure, including the electrical grid and transportation system. Despite a final push by the White House and the military, the 52-to-46 vote fell short of the 60 needed to overcome a Republican-led filibuster and advance the bill to final passage. The legislation ― S. 3414, the Cybersecurity Act of 2012, sponsored by Senator Joe Lieberman (CT-I) ― was a national security priority of the Obama Administration. (See the December…
Read more...UN Pulls Half Its Observers Out of Syria as Conditions Worsen
This week, United Nations Under-Secretary-General for Peacekeeping Operations Hervé Ladsous announced the removal of half of the 300 observers taking part in the UN Supervision Mission in Syria (UNSMIS). He said that the move was a result of reduced UN patrols since June 15 due to the increasingly dangerous conditions on the ground. He added that the forces would return if the security situation improved. The move comes on the heels of a UN Security Council vote on July 20 to authorize the observer mission for an additional 30 days, extending its term from the original 90 days set forth…
Read more...Senate Twice Blocks Consideration of Campaign Finance Reporting
Twice last week, the Senate failed to allow legislation to require greater disclosure of large campaign contributions. On July 16, by a vote of 51 to 44, and on July 17, by a vote of 53 to 45, Republican senators blocked consideration of S. 3369, the Democracy is Strengthened by Casting Light on Spending in Elections, or DISCLOSE, Act. Sixty votes were required to take up the measure and proceed with a debate and vote. Introduced by Senator Sheldon Whitehouse (RI-D), the bill is a response to the 2010 U.S. Supreme Court ruling in Citizens United v. Federal Election Commission…
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