Justice Watch

Standing Up for Groups that Make Democracy Work

2009-12-07T17:21:00.001-05:00

Former Massachusetts Attorney General Scott Harshbarger issued a report today on his independent inquiry into ACORN’s organizational systems and processes. ACORN sought this investigation after the release of the infamous hidden camera videos – since revealed to be a hoax – taped in several ACORN offices. Following news coverage of the videos, Congress voted to cut off federal funding to ACORN programs.

The Harshbarger report made several recommendations for how ACORN can improve its management, oversight, and governance, and found that ACORN employees had not taken any action, illegal or otherwise, on behalf of the couple shown in the videos.

“Congress should now turn its attention to its real responsibilities – including supporting America’s nonprofit organizations that speak for the voiceless, make democracy work, and provide essential services in our communities’ time of crisis," said Alliance for Justice President Nan Aron.

Read the statements by leaders of major progressive organizations about the important work ACORN does, the rush to judgment by the media and members of Congress, and the need for members of the progressive community to stand up for each other, the people we all serve, and our democracy.

Weekly Judicial Selection Snapshot

2009-12-04T16:06:00.003-05:00

As we mentioned earlier this week, we are now providing data on judicial selections more frequently. Here is this week's update:

On Tuesday, the Senate confirmed Jacqueline Nguyen to a seat on the United States District Court for the Central District of California by a vote of 97 to 0. Judge Nguyen, previously a Superior Court Judge for the County of Los Angeles, is the first Vietnamese American to serve as an Article III judge in our nation's history. She is the seventh Obama district court nominee to be confirmed.

Also on Tuesday, the Senate Judiciary Committee held a hearing on the nomination of O. Rogeriee Thompson to the United States Court of Appeals for the First Circuit. There were no Republican committee members present at the hearing. If confirmed, Thompson would be the first African American and the second woman to serve on the First Circuit.

On Thursday, the Senate Judiciary Committee advanced Thomas I. Vanaskie, nominee to the United States Court of Appeals for the Third Circuit, to the full Senate by a vote of 16-3, with Grassley (R-IA), Coburn (R-OK), and Cornyn (R-TX) voting no. The committee also advanced Louis B. Butler, Jr., nominee to the United States District Court for the Western District of Wisconsin, to the full Senate by a party-line vote of 12-7.

On Thursday, the Senate Judiciary Committee held over votes on Denny Chin, nominee to the United States Court of Appeals for the Second Circuit, Rosanna Peterson, nominee to the United States District Court for the Eastern District of Washington, and William M. Conley, nominee to the United States District Court for the Western District of Wisconsin, until next Thursday.

This morning, President Obama announced three district court nominations: Nancy D. Freudenthal to the United States District Court for the District of Wyoming, D. Price Marshall Jr. to the United States District Court for the Eastern District of Arkansas, and Benita Y. Pearson to the United States District Court for the Northern District of Ohio.

Judicial Nominations Numbers

27 Nominations Overall (nominee last names in parentheses):

11 Confirmations:

Breakdown by Court:

1 SCT: (Sotomayor)
3 CCA: (Lynch, Davis, Hamilton)
7 DCT: (Viken, Lange, Berger, Honeywell, Reiss, Kallon, Nguyen)
19 Nominees Pending:

Breakdown by Court:

9 CCA: (Thompson, Chin, Vanaskie, Greenaway, Keenan, Diaz, Wynn, Stranch, Martin)
10 DCT: (Jackson, Butler, Conley, Seeborg, Gee, Chen, Peterson, Freudenthal, Marshall, Pearson)
Breakdown by Status:

10 Nominees Pending in the Judiciary Committee:

4 CCA: (Thompson, Chin, Diaz, Wynn)
6 DCT: (Jackson, Conley, Peterson, Freudenthal, Marshall, Pearson)
9 Pending on the Senate Floor:

5 CCA: (Greenaway, Keenan, Stranch, Martin, Vanaskie)
4 DCT: (Seeborg, Gee, Chen, Butler)
97 Total Federal Court Vacancies:

20 Court of Appeals ("CCA") Vacancies
77 District Court ("DCT") Vacancies
0 Supreme Court ("SCT") Vacancies

Judicial Snapshot

2009-12-01T17:23:00.001-05:00

As Republicans attempt to "revive Obama court pick fight" it is important to stay informed about judicial nominations. At Alliance for Justice we not only keep track of the pace of judicial nominations, we provide in-depth reports for Supreme Court and Circuit Court nominees, and track the status of each nominee in the Senate confirmation process. This data will now be updated regularly on our web site as nominees are announced or move through the confirmation process. We will continue to provide weekly judicial selection updates via email. You can view the most current Judicial Snapshot here.

To catch you up to speed, thus far President Obama has put forth 27 judicial nominees for the federal courts. Only 11 of these nominees have been confirmed by the Senate. One to the Supreme Court, Justice Sonia Sotomayor. Three to the United States Court of Appeals: Gerard Lynch to the Second Circuit, Andre Davis to the Fourth Circuit, and David Hamilton to the Seventh Circuit. Seven District Court nominees have been confirmed: Jeffrey Viken to the District of South Dakota, Roberto Lange to the District of South Dakota, Irene Cornelia Berger to the Southern District of West Virginia, Charlene Honeywell to the Middle District of Florida, Christina Reiss to the District of Vermont, Abdul Kallon to the Northern District of Alabama, and Jacqueline Nguyen to the Central District of California.

There are sixteen nominations currently pending. Nine of these have been nominated to fill Circuit Court vacancies: Rogeriee Thompson to the First Circuit, Denny Chin to the Second Circuit, Thomas Vanaskie to the Third Circuit, Joseph Greenaway to the Third Circuit, Barbara Milano Keenan to the Fourth Circuit, Albert Diaz to the Fourth Circuit, James Wynn to the Fourth Circuit, Jane Branstetter Stranch to the Sixth Circuit, and Beverly Martin to the Eleventh Circuit.

Seven have been nominated to fill District Court seats: Brian Jackson to the Middle District of Louisiana, Louis Butler to the Western District of Wisconsin, William Conley to the Western District of Wisconsin, Richard Seeborg to the Northern District of California, Dolly Gee to the Central District of California, Edward Milton Chen to the Northern District of California, and Rosanna Peterson to the Eastern District of Washington.

As of today, nine of these nominees are pending in the Senate Judiciary Committee (Thompson, Chin, Diaz, Wynn, Vanaskie, Jackson, Butler, Conley, and Peterson). Eight nominees have been reported out of committee and are awaiting votes by the full Senate: Greenaway, Keenan, Martin, Stranch, Seeborg, Gee, and Chen.

To receive judicial selection updates, sign up here.

AG Holder Says “Torture Memos” Report to be Released This Month

2009-11-18T17:19:00.002-05:00

After thousands signed petitions from Alliance for Justice and CREDO Action, and many made personal calls to the Justice Department, Attorney General Eric Holder said today that the report on the “torture memos” will be released by the end of this month.

“I think this is a matter of great public interest, the whole question of the OPR report,” Holder said. “The report is completed. It is being reviewed now and it is in its last stages, there is a career prosecutor who has to review the report. We expect that that process should be done by the end of the month and at that point the report should be issued.”

Holder was asked about the status of the report by Senator Sheldon Whitehouse (D-RI) at an oversight hearing of the Senate Judiciary Committee this morning. A video of his statement is available on Talking Points Memo.

More than 10,000 people have signed petitions by AFJ and Credo Action calling for release of the report on the “torture memos.” Last week’s phone calls to the Attorney General asked him to expand his investigation to all responsible for U.S. torture, including the lawyers who authored the infamous “torture memos.”

“Releasing the OPR report is the first step towards accountability for those who authorized torture. We are pleased the Attorney General is bringing these facts to light,” said Nan Aron, President, Alliance for Justice.

In Holder’s first oversight hearing in June, he was asked when the report by the Justice Department’s Office of Professional Responsibility (OPR) on the conduct of the lawyers who authorized torture would be released. He said that the five-year investigation of the "torture memos" was close to an end and that OPR's report would be ready in a "matter of weeks." When asked again on October 8, Holder said the report was still waiting for comments from some of the lawyers involved.

The legal cover for torture was contained in a series of memos drafted by lawyers in the Department of Justice's Office of Legal Counsel, beginning in 2002. The Office of Professional Responsibility (OPR) began an inquiry in 2004 into the conduct of the DOJ lawyers. In January 2009, at the end of the Bush administration, news leaked that the report on this inquiry had been drafted, but it still has not been released.

Senate Vote on David Hamilton Today

2009-11-17T15:34:00.001-05:00

The Senate is currently debating Judge David Hamilton's nomination to the United States Court of Appeals for the Seventh Circuit. For live updates you can follow Nan Aron on twitter.

Hamilton, President Obama’s first judicial nominee, was nominated on March 17, and voted out of the Senate Judiciary Committee on June 4, with a 12-7 vote along party lines.

Judge Hamilton has an exemplary record in the law and sterling credentials. The American Bar Association gave Judge Hamilton its highest rating of well-qualified.

Judge Hamilton has the backing of both his home state senators, Republican Richard Lugar and Democrat Evan Bayh. Senator Lugar stated he is “enthusiastically” supporting Hamilton’s elevation, while Senator Bayh praised the President for selecting nominees that “Republicans and Democrats can work together” on.
Indiana conservatives who actually know him think he's a stellar choice.

Geoffrey Slaughter, President of the Indianapolis chapter of the Federalist Society, praised Hamilton's nomination observing, "I regard Judge Hamilton as an excellent jurist with a first rate intellect . . . His judicial philosophy is well within the mainstream."

Every Senate Republican signed a letter on March 4, 2009, vowing to block President Obama’s nominees. Since then, the Republicans have carried out that threat. Only two circuit court judges have been confirmed by the Senate, and both were subjected to unnecessary, time-consuming, procedural delays – even though the nominees were approved by wide margins (Lynch 94-3, Davis 72-16).

Resorting to the same old playbook of partisan politics, Republicans are obstructing the judicial nomination process as a last-ditch effort to maintain their hold over the judiciary and halt a return to a balance of power. They are also using attacks on Judge Hamilton as an opportunity to keep their base engaged.

Senator Sessions, the ranking Republican on the Senate Judiciary Committee, sent a letter on October 30, asking his colleagues to oppose Judge Hamilton’s nomination and signaling his intention to filibuster.

Sessions suggested that Hamilton has “drive[n] a political agenda,” while citing rulings and mischaracterizing the record on decisions Judge Hamilton issued on religious freedom, criminal law, and a woman’s right to choose.

Does Sen. Sessions Think Wishing Makes It So?

2009-11-12T17:31:00.001-05:00

Looks like Senator Sessions (R-AL) thinks that if he keeps saying over and over that Judge Hamilton is too radical to be a circuit court judge, it will somehow come true.

At the Federalist Society Convention today Sessions said:

"... Hamilton's record, I think, is troubling, as I've just indicated. He worked for ACORN, was a litigation director for the Indiana ACLU. He has endorsed the notion that a judge's job is to, quote, 'write footnotes to the Constitution.' I'm not sure -- if they had a convention that he could participate in, maybe he could write some of the Constitution ... And why did I mention Hamilton? Because Judge Hamilton was President Obama's symbolic first pick to the federal bench. And one White House official said that that nomination would, quote, 'set the tone for the future.'"

Needless to say, Sessions doesn't think the tone set by United States District Court Judge David Hamilton's nomination to the Seventh Circuit Court of Appeals is good.

Sorry, Senator, but Hamilton has a record that shows him to be a highly qualified nominee who will uphold the Constitution and the law to provide equal justice for all. Judge Hamilton has the backing of both his home state senators, Republican Richard Lugar and Democrat Evan Bayh. Moreover, the American Bar Association gave him its highest rating of well-qualified. And, we would be remiss if we didn't note that local conservatives who actually know him think he's a stellar choice. Geoffrey Slaughter, President of the Indianapolis chapter of the Federalist Society, praised Hamilton's nomination observing, "I regard Judge Hamilton as an excellent jurist with a first rate intellect . . . His judicial philosophy is well within the mainstream." It doesn't get much better than that.

The obstruction of the Obama administration's judicial nominees by Senator Sessions and others on specious charges like those leveled today is why there are 96 vacant seats on the federal courts. It appears that Judge Hamilton's nomination will finally go to the Senate floor for a vote next week. It's long past time for the Senate to vote on these nominees.

Torture Accountability Day of Action

2009-11-12T10:32:00.008-05:00

Today, people from across the country are making calls to the Department of Justice. They are asking Attorney General Holder to release the report on the “torture memos” and authorize a full investigation of torture.

We’ve already received feedback from supporters who have made calls and we will be posting updates on this blog throughout the day about that feedback.

Be sure to Call Attorney General Holder today!

Update: (10:35 am EST) We just got this feedback from a caller:

"Left a message due to high call volume" recording said they would get back to me in regard to the issue. WE WILL SEE.

It sounds like we are already flooding their lines this morning!

Update: (10:50 am EST) more feedback, from people calling in:

He said he was getting other calls about this matter and would pass my concerns along.

Update: (11:50 am EST)

On Huffington Post: Call on Attorney General Holder to Release the "Torture Memos" Report

Update: (12:20 pm EST) Volunteers handing out constitutions and spreading the message in Dupont Circle, Washington, DC.

Update: (1:15 pm EST) More feedback from callers:

The answering machine said that if I got this message during regular working hours (which it was), the office was experiencing a large volume of calls and to please leave a message. I did so, asking that The Attorney General release the memos and then investigate who was responsible and bring them to justice.

Update: (2:45 pm EST) Blog post on Firedoglake, Liberate the OPR Report

Update: (3:00 pm EST) more caller feedback:

They indicate that they were aware of the importance of the issue and would take my call under advisement

Yoo Withdrew: Amidst Growing Call for Criminal Investigation, Torture Memos Author John Yoo Withdraws from Federalist Society Panel

2009-11-09T14:00:00.005-05:00

Amidst a growing call for a criminal investigation of the DOJ lawyers who authorized torture, John Yoo, author of the most infamous of the “torture memos” withdrew as a speaker at the conservative Federalist Society Convention where Alliance for Justice and human rights supporters are scheduled to take action.

“John Yoo’s withdrawal from the Federalist Society Convention shows that pressure is building to hold accountable those who provided legal cover for torture,” said Alliance for Justice President Nan Aron.

Yoo was scheduled to speak on the panel, “Professional Responsibility: The Role of Government Attorneys and the Global War on Terror” this Thursday, November 12. Alliance for Justice is organizing human rights supporters to rally outside the convention that day and call the Attorney General to ask for immediate release of the report by the Office of Professional Responsibility (OPR) on the Justice Department lawyers who wrote the “torture memos.”

Yoo’s withdrawal comes after a top Bush administration Justice Department official, Daniel Levin, publicly stated last week that he was not opposed to a criminal investigation of his and his colleagues’ conduct in preparing and reviewing the “torture memos.” Levin was the acting head of the DOJ’s Office of Legal Counsel in 2004-05, during which the OLC reviewed the legalities of the CIA’s “enhanced interrogation practices.”

Speaking publicly about this controversial issue for the first time, Mr. Levin said last week at a conference featuring the Alliance for Justice film Tortured Law at American University’s Washington College of Law about professional ethics and the “torture memos:”

I personally am not opposed to criminal investigation of the conduct of myself and others during the period in question, because I think any government employee is appropriately subject to investigation of their conduct while they are serving in the government.
(view clip here)

With the escalating call for accountability, it is no surprise that John Yoo wanted to avoid a question about a criminal investigation during Thursday’s panel.

A steady drumbeat of voices has been calling for accountability for those who ordered, designed, and authorized torture. More than 10,000 people have signed petitions from Alliance for Justice and CREDO Action to Attorney General Eric Holder, urging the immediate release of the OPR report. And on the day that Yoo was scheduled to speak to the Federalist Society, thousands of activists will pick up their phones to call the Department of Justice to ask Attorney General Holder to authorize a full investigation of the authors of the torture memos.

“Justice Can’t Wait:” Report on Judicial Selection in the Obama Administration

2009-11-05T17:24:00.000-05:00

A new report on judicial selection in the first ten months of the Obama administration was released this week by Alliance for Justice.

“While Republicans play politics to stir up their base, more than 97 federal judgeships remain open,” said Nan Aron, president, Alliance for Justice. “America needs strong voices on our federal courts, upholding the Constitution and the law to ensure equal justice for all, not partisan games that delay putting highly qualified nominees on the bench.”

The report is an assessment of progress toward equal justice for all at the start of the Obama administration. The report’s findings show that not enough progress has been made, with only five federal judges confirmed by the Senate, 22 nominees pending, and 97 vacancies on the federal bench.

According to the report:
Resorting to the same old playbook of partisan politics, Republicans are obstructing the judicial nomination process as a last-ditch effort to maintain their hold over the judiciary and halt a return to a balance of power. They are also using attacks on Obama’s nominees as an opportunity to keep their base engaged. Americans deserve better than simple party politics, and it is time for the White House and Senate leadership to move expeditiously to nominate and confirm judges.

The report points out:

President Obama has nominated highly qualified attorneys and judges to the federal bench – and yet Republicans have responded by either delaying the votes or outright attacking individual nominees. Every Republican in the Senate signed a letter on March 4, 2009 about six weeks after President Obama took office, effectively appropriating to themselves the nominating power of the executive branch by vowing to block nominees whom they did not approve. Since then, they have carried out that threat.

The full report is available on our web site.

Facts About “Torture Memos” Must Come to Light

2009-11-03T18:20:00.001-05:00

A distinguished panel of legal scholars and practitioners held a spirited discussion today about how best to hold accountable lawyers whose legal advice provided cover for torture in the Bush administration. Watch the web cast of the discussion.

In addition to the panel, the event featured a keynote speech by Senator Sheldon Whitehouse (D-RI) at the event titled, “The Torture Memos: Lawyers, Ethics, and the Rule of Law” and a screening of the new film by AFJ, Tortured Law.

“We need transparency and accountability, to remember that we are not a country that acts independent of the law, even in times of fear and danger,” said Nan Aron, president, Alliance for Justice.

Daniel Levin, former Acting Assistant Attorney General of the Office of Legal Counsel from 2004-2005 when the DOJ was reviewing CIA interrogation techniques, said “I personally am not opposed to criminal investigation of the conduct of myself and others during the period in question, because I think any government employee is appropriately subject to investigation of their conduct while they are serving in the government.”

Levin and the other speakers agreed that the country would benefit from the establishment of a national commission to investigate the facts about the use of torture.

The investigation of the conduct of the lawyers by the Justice Department’s Office of Professional Responsibility was discussed at length, and several panelists and Senator Whitehouse agreed that releasing OPR’s report on that inquiry was an important first step in determining whether laws were broken.

“We still don’t know all the facts. Information has emerged in bits and pieces over the last several years, thanks to extensive litigation by civil liberties advocates and to the selected release of certain documents by the Obama Administration,” Aron said.

“On Friday the government dumped hundreds more documents about interrogation and detainee policies pursuant to a court order, adding more insight to how detainee abuse developed and was legally justified,” Aron continued. “But so long as the record is incomplete and disjointed, the evidence that emerges raises more questions than it answers – which is all the more reason why Holder should promote full transparency and take the important first step of releasing the OPR report.”

You can join Alliance for Justice on Thursday, November 12, AFJ for National Torture Accountability Day by calling Attorney General Holder to urge him to release the OPR report.

Alliance for Justice Joins CREDO Action in Call for Accountability

2009-11-03T15:08:00.002-05:00

We have all been outraged and saddened by the stories of how our government violated basic human rights. Waterboarding, stress positions, sleep deprivation, detainees stripped and abused - the list goes on. Yet so far there has been all too little accountability for those who laid the groundwork for torture.

Some of the most culpable are the lawyers who cravenly wrote memos that provided justifications for what we all know is wrong. That is why Alliance for Justice has joined with CREDO Action to demand that Attorney General Eric Holder release a report that would shed light on what happened and help us hold those lawyers accountable.

The Department of Justice has been investigating the infamous "torture memos" since 2004. A report on the findings was expected by June of this year. Four months later, we are still waiting to hear from the Justice Department on exactly who authorized the use of torture by American men and women.

Lack of public information about how torture was approved keeps the focus on the actions of CIA interrogators, rather than investigating those who designed, ordered, and justified torture. There is strong political pressure, including within the Obama administration, not to look back - not to investigate. But how can we hold other countries accountable for acts of torture, and not ourselves? Releasing the report is the first step in establishing accountability.

Americans have a right to know the facts about what U.S. government lawyers did to provide legal cover for torture. We must hold accountable those who led America astray to make sure this travesty of justice never happens again.

Tell Attorney General Eric Holder to act quickly and release the "torture memos" report.

Sen. Reid Speaks Out Against Obstruction of Obama Nominees

2009-10-30T08:55:00.003-04:00

Yesterday, Majority Leader Harry Reid took to the floor of the Senate to highlight the adverse effects of Republican obstructionism. In the first four months of the Bush administration, when the Senate was controlled by the President’s party and Democrats were in the minority, there wasn’t a single filibuster of a Bush nominee. Yet, in the first four months of the Obama administration, Republicans filibustered eight of his nominees.
We know Obama’s nominees were not filibustered because they were controversial or unqualified, as their final votes were in the 80 to 97 vote range. As Senator Reid said,

I would try to explain the Republican reason for their refusal, but as with so many other things they oppose, a rationale simply doesn’t exist. Senate Republicans are simply so opposed to everything – absolutely everything – that they even oppose putting people in some of the most important positions in our government.
These delay tactics waste precious time when Congress should be working on issues such as health care, the economy, climate legislation, and filling the rampant vacancies in our judicial system.

The Senate must vote to confirm nominees such as Professor Dawn Johnsen, who was tapped to head the Department of Justice’s Office of Legal Counsel (OLC) on February 11, 2009 and has still not had a vote despite her eminent qualifications, experience in the OLC during the Clinton administration, and support from distinguished Republicans and Democrats.

We’re glad Senator Reid has spoken out against these harmful delays and in favor of putting the president’s team in place to work for the American people.
Now it’s up to Majority Leader Reid to call the question and let the Senate vote on these highly qualified, outstanding nominees.

Alliance for Justice Board Member Bradley Whitford launches fundraising challenge

2009-10-29T16:10:00.006-04:00

Yesterday, Alliance for Justice -- with the help of Brad Whitford -- issued a fundraising goal of $10,000 by November 12th.

On that day, Alliance for Justice is organizing a National Torture Accountablility Day of Action. If we can raise $10,000 by that date, we will be able to place targeted ads, organize dozens of events across the country, and mobilize thousands of activists to write, call, and email Attorney General Holder, urging him to release the report on the torture memos and investigate those who ordered, designed, and justified torture.

We have already raised 11% of our goal; will you help us get to 100% by November 12th?

Join Brad Whitford and help to raise the $10,000 AFJ needs to get the job done.

Tortured Law Film Making Waves

2009-10-23T09:24:00.002-04:00

With over 70 screenings planned across the country, our new film Tortured Law is having an impact nationwide. Nearly 5,000 people have watched the film on YouTube, and its viral presence continues to grow. We’ve recruited thousands of people to join the campaign urging Attorney General Eric Holder to release the DOJ’s Office of Professional Responsibility report and authorize a full investigation of those who ordered, designed, and justified torture.

We have had great events such as one last week at UC Berkeley School of Law, where one of the authors of the torture memos, John Yoo, is currently on faculty. The students there used our film as part of an event to launch their Torture Accountability Initiative.

Coming up, we have an exciting event at American University’s Washington College of Law on November 3rd, featuring Senator Sheldon Whitehouse (D-RI), Stephen Vladek, Nan Aron, David Luban, Stuart Taylor, and Daniel Levin. You can email films@afj.org to find out more or RSVP for this event. You can also find out more on our web page, www.afj.org/torture.

Help us continue the great momentum around the film by watching Tortured Law and sharing it with your friends today!

Bipartisan Cooperation Needed to Ensure Access to Justice in the Federal Courts

2009-10-22T16:09:00.001-04:00

Guest Post on the ACSblog by Nan Aron, President, and Jennifer Meinig, Legislative Counsel, Alliance for Justice.

A new bill that would provide much-needed relief for the federal judiciary is caught up in the "say no to everything" approach of Senate Republicans.

No one disagrees that American courts need more judges. What's different now is that rather than both parties working together to pass legislation to create more seats, Republicans are refusing to support this effort...

Read the full post on the ACSblog.

Medical Malpractice Survivors Are Not Frivolous

2009-10-22T11:34:00.003-04:00

Families from nine states, including many who have been catastrophically injured due to medical malpractice, traveled to Washington, D.C. yesterday to ask Congress to ensure that the much-needed health care bill does not strip injured patients of their legal rights. Standing in front of the U.S. Capitol wearing buttons proclaiming “I am not frivolous” the malpractice survivors also thanked lawmakers who stood with them at a news conference today, including U.S. House Judiciary Chairman John Conyers (D-MI) and Representative Bruce Braley (D-IA).

The survivors shared poignant stories about their experiences with the health care system and emphasized the need to improve patient safety and all patients access to justice. “I hope the entire U.S. Congress takes their lead by focusing their attention on preventing these tragedies from happening and protecting the legal rights of all Americans,” said Lisa Gourley of Nebraska, whose son Colin was brain-damaged at birth as a result of a doctor’s negligence.

"Expanding access to health care for millions of uninsured Americans should not be coupled with blocking access to justice for injured patients in a blatant attempt to insulate insurance companies from responsibility for valid malpractice claims," said Nan Aron, President of Alliance for Justice.

Profile in Judicial Courage Passes On

2009-10-16T16:03:00.000-04:00

A true leader in upholding the Constitution and the law to ensure equal justice for all has passed away: Judge William Wayne Justice. As a federal district judge, he ruled on controversial, ground-breaking class action suits in the state of Texas. His crucial decisions resulted in the integration of Texas public schools, the reform of prisons in the state, and the provision of free public education for the children of undocumented immigrants.

Judge Justice was notably courageous. As a result of his contentious rulings, he was the frequent victim of hate mail, death threats, ostracism, and calls for his impeachment. Here’s what he had to say about all of that: “Sure you’re affected by it. But on the other hand you have to keep your self-respect. If you know to yourself that you deliberately decide against what the law was just to affect your own personal comfort, you’re not much of a judge.”

AFJ featured Judge Justice in our film Upholding the Promise: Profiles in Judicial Courage which you can view on our web site.
Read more about this fearless giant in the New York Times.

The Myth of Defensive Medicine

2009-10-14T10:57:00.002-04:00

Are doctors overloading patients with unnecessary tests to avoid possible malpractice claims, and driving up the cost of medical care as a result? Is the solution to limit the ability of patients who are victims of medical errors to hold doctors and hospitals accountable for their mistakes?

First of all, while some doctors may order unnecessary tests as a result of a variety of motives, studies do not show that so-called “defensive medicine” is a widespread or significant phenomenon.

A Congressional Budget Office (CBO) report released October 9, 2009, found that there is no evidence of defensive medicine in private managed care systems, yet there is evidence of over-testing among Medicare patients. Patients in those two sectors are both covered by the same malpractice laws, so the comparison makes it clear that the solution to over-testing is not to take away victims’ legal rights but to manage medical charges more effectively.

The most common limit on victims’ rights – limiting joint and several liability, which has been enacted in at least 40 states – actually drives up costs because it “may increase the volume and intensity” of physician services.

The CBO report notes that “Imposing limits on [the right to sue for damages] might be expected to have a negative impact on health outcomes.” CBO cites a study that finds that restricting the right to seek compensation for malpractice would lead to a .2 percent increase in the nation’s overall death rate. That means an additional 48,000 Americans killed and more than 400,000 injured by medical malpractice over the next ten years.

Even if all the possible limits and restrictions on malpractice liability were enacted, the savings would represent only half a percent of the nation’s health care costs. That figure does not actually represent a “net” savings, of course, because the report does not quantify the added costs created by removing an important incentive to provide safe care.

The facts are clear. Limiting or severely restricting the ability to file a claim in court for medical malpractice denies justice to injured individuals while benefiting big corporations' balance sheets.

To learn the facts about the medical malpractice liability debate, see AFJ’s fact sheets and report on health care courts, and a fact sheet from the Center on Justice and Democracy on the CBO report.

AFJ's new film, Tortured Law Premieres

2009-10-07T12:39:00.012-04:00

The legal architecture for torture was originally outlined and sanctioned in 2002 by a series of memos drafted by lawyers in the Department of Justice's Office of Legal Counsel. Were these lawyers simply giving the President their best legal advice? Or was their work part of a larger criminal conspiracy to distort the law and authorize torture?

Alliance for Justice's latest documentary film, Tortured Law premiered online today. This short film examines the role lawyers played in authorizing torture under the Bush Administration.

In addition to the online premiere, the film is being shown at campuses and in communities across the country. You can sign up to host a screening in your area today.

AFJ is using the film as a tool in an ongoing campaign calling on Attorney General Holder to release the OPR report and authorize a full investigation of those who ordered, designed, and justified torture. Get involved by signing the petition and sharing Tortured Law with your networks.

Who Will Put a Stop to Republican Obstructionism of Obama’s Nominees?

2009-10-06T13:55:00.001-04:00

The Senate voted today to confirm Thomas E. Perez as Assistant Attorney General, heading the Civil Rights Division of the Department of Justice by a vote of 72-22. The confirmation vote followed a cloture vote required by Republican Senators intent on delaying action on President Obama’s nominees.

Cloture votes have been required for nine executive branch nominees in the first eight months of the Obama administration. That’s in contrast to the eight years of George W. Bush’s presidency, when cloture was filed on only 16 executive nominations.

We welcome the confirmation of Tom Perez, a highly qualified nominee with a big job ahead of him: meaningfully enforcing federal civil rights law. But, unfortunately, the Department of Justice is still waiting for the Senate to confirm many of its top executives. There are too many excellent candidates waiting in the wings who should be confirmed without further delay.

It is unconscionable that this confirmation required a cloture vote. It is clear that Republican senators are committed to holding up everything President Obama is trying to accomplish, even at the cost of hampering the government’s ability to conduct the people’s business.

During the Bush administration the Civil Rights Division suffered an onslaught of politicization that ranged from naming political appointees with no civil rights experience, to driving out career attorneys and replacing them with lawyers hostile to civil rights, to changing the mission of the division itself.

Attorney General Holder has pledged to restore traditional civil rights enforcement, implement measures to depoliticize hiring, and bring on new attorneys committed to enforcing, rather than eviscerating, civil rights protections. These actions are more than a needed course-correction; they are critical to defending the rights of every American and advancing the values of freedom, equality and justice that make this nation great.

The Senate should stop stalling, and give President Obama and Attorney General Holder the executive leadership needed to get the job done.

More Evidence Points to the Need for Accountability

2009-10-06T11:17:00.009-04:00

The news broke yesterday that the government has been hiding video tapes that show the torture of detainee Mohammed al Qhatani. In his ongoing habeas litigation challenging his detention and alleging torture, al Qhatani was entitled to receive any exculpatory information that the government has relating to his case – but for over a year the government failed to even admit the existence of any videotapes of his abuse. Now, thanks to a discovery motion filed by his lawyers at the Center for Constitutional Rights, the government admits that the tapes exist, and the federal court has ordered their release to al Qhatani’s lawyers.

In yesterday's press release, CCR Executive Director Vincent Warren stated, “Mr. al Qahtani’s torture is already well-established, with a clear paper trail that leads all the way up the chain of command... The only question that remains is whether the people ultimately responsible for it will be held accountable for breaking the law and breaking faith with our system of justice.”

He's right, we have a right to know what shameful, unlawful actions were done by our government. These videos make one wonder what other evidence is being kept secret. We cannot prevent history from repeating itself until we know all the facts. Join Alliance for Justice in calling on Attorney General Eric Holder to release the OPR report, and hold accountable those who ordered, designed, and justified torture.

Coalition of Progressive Organizations Stands Up for ACORN

2009-10-02T16:06:00.000-04:00

ACORN has announced that former Massachusetts Attorney General Scott Harshbarger was appointed to lead an independent inquiry into the “organizational systems and processes” of the embattled group’s social services and will make public the results of that inquiry.

Alliance for Justice in coalition with several other organizations has released a statement in support of ACORN and its efforts to get this important organization back on track. You can read the full release here.

The Washington Post picked up the story yesterday, highlighting the message that ACORN’s work, in helping low-income families get health care, stave off foreclosure, and find jobs, is particularly critical in this recession.

Expand Access to Health Care, Don’t Block Access to Justice

2009-10-01T13:47:00.002-04:00

Today, Alliance for Justice joins consumer and public interest groups in an open letter to congress.

The ad, below will run in Politico, Roll Call, and The Hill. The letter urges Congress to reject any measures that limit patients’ legal rights, including measures that would force them into unfair “alternative” legal systems.

The current Senate Finance Committee health care bill contains language encouraging states to explore alternative litigation systems. Moreover, some conservative members of Congress have stated they will try to even further limit the legal rights of patients with “caps” on compensation and other “tort reforms.” Yet, studies show that malpractice costs are a tiny fraction of health care costs, and limiting Americans' ability to seek justice would have no impact lowering the country's overall health care expenditures.

The facts are clear. Limiting or severely restricting the ability to file a claim in court for medical malpractice denies justice to injured individuals while benefiting big corporations' balance sheets.

As Seen on TV: Jack McCoy Investigates Torture

2009-09-28T10:13:00.006-04:00

If you were watching NBC during prime time on Friday night you may have seen something we’ve been waiting for, an investigation into torture during the Bush Administration. The premiere for Law and Order’s 20th season was aptly titled “Memo from the Dark Side.” If you missed the original airdate, it is available for purchase on iTunes, and select clips like this one that emptywheel posted to Youtube here will get you caught up:

The episode does an excellent job of taking the topic of torture and conveying the need for an investigation. As you can see in the clip above, they refuse to accept the label of “harsh interrogation techniques” for the clear authorization of torture. In addition it connects the dots for mainstream America (obviously in a fictionalized way) that Justice Department lawyers could be charged with “conspiracy to torture.”

[Jack McCoy] “This memo he wrote for the Department of Justice laid out the
legal architecture permitting the abuse of prisoners…you could argue this memo
is an element in a conspiracy…”
[Michael Cutter] “You want to prosecute a member of the Bush Administration
for assaulting suspected terrorists?
[JM] “The word is torturing and yes it’s about time somebody did.”

It is indeed about time someone investigated torture during the Bush Administration, and not only by investigating low-level operatives. Attorney General Holder must uphold the Constitution and the law by authorizing a full investigation of those who ordered, designed, and justified torture.

As Assistant District Attorney Michael Cutter said in this episode:“It is not disloyal to hold our officials to the highest standards of conduct and it is not disloyal to allow you, the people, to decide what you want done in your name.”

What do you want done in your name? If you believe that torture must be investigated to the full extent of the law, add your name to our petition today.

You can also get involved with AFJ's new film on the role of DOJ lawyers in providing legal cover for torture. The short documentary, Tortured Law, will be released soon, but you can watch the trailer, or sign up to host a screening in your community.

Historic Hearing For Asian American Nominees

2009-09-23T17:57:00.000-04:00

Today the Senate Judiciary Committee held a hearing on 4 federal district court nominees all nominated to fill seats in California: While Senator Feinstein (D-CA) was scheduled to chair the committee, she ended up busy on the Senate floor and Senator Franken (D-MN) chaired today’s hearing. The four nominees: Jacqueline H. Nguyen to the Central District of California; Edward Milton Chen to the Northern District of California; Dolly M. Gee to the Central District of California; and Richard Seeborg to the Northern District of California represent a number of firsts and the hearing marks a historic day for Asian Americans.

The hearing room was packed with prominent members of the Asian American legal community, family of the nominees, and other supporters, a somewhat unusual occurrence for district court nominees, but expected given its historical significance. There was a noticeable feeling of pride among many of the attendees today surely due to the excellent qualification s of the nominees. Two have proven track records as sitting jurists, and all three of the Asian American nominees have strong support from the Asian Pacific American community in addition to bipartisan support from bar organizations and leaders in the legal community.

If confirmed, Edward Milton Chen would be the first Asian Pacific American district court judge in the history of the NDCA, (this is especially significant given that approximately 35% of the population in San Francisco is Asian Pacific American). Dolly M. Gee would be the first Chinese American female district court judge in the history of the United States, and Jacqueline H. Nguyen would be the first Vietnamese American district court judge in he history of the United States and the first Asian Pacific American female district court judge in California history.

In American history, there have been only four Asian American federal circuit court judges and 14 Asian American federal district court judges. Asian Americans are still significantly underrepresented on the federal bench. To learn more about Asian American federal judges, check out Alliance for Justice’s recently released fact sheet.