Tuesday, June 25, 2013

Health Insurance/ Indian Child Welfare Act/ Voting Rights Act/ Inflation



Adoptive Couple v. Baby Girl
“The Indian Child Welfare Act of 1978 (ICWA), which establishes federal standards for state-court child custody proceedings involving Indian children, was enacted to address “the consequences . . . of abusive child welfare practices that [separated] Indian children from their families and tribes through adoption or foster care placement, usually in non-Indian homes,” Mississippi Band of Choctaw Indians v. Holyfield, 490 U. S. 30, 32. As relevant here, the ICWA bars involuntary termination of a parent’s rights in the absence of a heightened showing that serious harm to the Indian child is likely to result from the parent’s “continued custody” of the child, 25 U. S. C. §1912(f);conditions involuntary termination of parental rights with respect to an Indian child on a showing that remedial efforts have been made to prevent the “breakup of the Indian family,” §1912(d); and provides placement preferences for the adoption of Indian children to member of the child’s extended family, other members of the Indian child’s tribe, and other Indian families, §1915(a)”

“The Voting Rights Act of 1965 was enacted to address entrenched racial discrimination in voting, “an insidious and pervasive evil which had been perpetuated in certain parts of our country through unremitting and ingenious defiance of the Constitution.” South Carolina v. Katzenbach, 383 U. S. 301, 309. Section 2 of the Act, which bans any“ standard, practice, or procedure” that “results in a denial or abridgement of the right of any citizen . . . to vote on account of race or color,” 42 U. S. C. §1973(a), applies nationwide, is permanent, and is not at issue in this case. Other sections apply only to some parts of the country. Section 4 of the Act provides the “coverage formula,” defining the “covered jurisdictions” as States or political subdivisions that maintained tests or devices as prerequisites to voting, and had low voter registration or turnout, in the 1960s and early 1970s. §1973b(b). In those covered jurisdictions, §5 of the Act provides that no change in voting procedures can take effect until approved by specified federal authorities in Washington, D. C. §1973c(a). Such approval is known as “preclearance.”

Monday, June 24, 2013

Global Warming/ Rainbow Family/ Health Insurance/ Supreme Court Opinions


“Since 2007, the Forest Service, the National Oceanic and Atmospheric Administration (NOAA), the Fish and Wildlife Service, and the National Park Service have taken steps to establish strategic directions for addressing climate change adaptation. For example, the Forest Service developed a strategic framework document that established climate change adaptation as a central agency priority and another document, known as "the roadmap," which identified actions that national forest managers were taking or could take to implement the direction outlined in the framework, including re-vegetating ecosystems that had been affected by fire with plant species that are better adapted to current and future climates. These four agencies have also developed guidance, training, and other tools for managers to use in adapting to climate change. For example, the National Park Service is developing guidance for park-based climate change adaptation plans that includes steps such as identifying conservation targets and conducting vulnerability assessments. The Bureau of Land Management has not established a strategic direction for addressing climate change impacts but is planning to develop a high-level climate change adaptation strategy by the end of the summer 2013. In addition, GAO visited one field location within each agency and found that managers at four of the five locations have taken steps to address climate change adaptation.”

S.601: Water Resources Development Act of 2013
S.AMDT.847: To modify a provision relating to Northern Rockies headwaters extreme weather mitigation.
“The Rainbow Family of Living Light is a self-described loose knit group of people without leadership or organization who participate in a national gathering once a year on national forests during a two-week period around the Fourth of July holiday. The event has drawn anywhere from 7,000-20,000 people, with the population generally peaking during the week of July 4.”




Wednesday, June 19, 2013

Stalking/ Farm Bill/ Immigration


“Stacy Lear claims she was stalked by Carrie Jamrogowicz beginning in 2002. In February 2012, Lear sought and obtained a temporary order of protection against Jamrogowicz in a civil action. Subsequently, Lear obtained a “no contact” order against Jamrogowicz in a criminal action. Jamrogowicz moved to have the civil action dismissed with prejudice and Lear moved to have the civil action dismissed without prejudice. The District Court granted Lear’s motion and dismissed the civil action without prejudice. Jamrogowicz appeals. We affirm.”


“CBO estimates that, by 2023, enacting S. 744 would lead to a net increase of 10.4 million in the number of people residing in the United States, compared with the number of people projected under current law. That net increase comprises an increase of about 10.4 million permanent residents; an increase of about 1.6 million temporary workers and their dependents; and a decrease of about 1.6 million unauthorized residents. (CBO estimates that about 8 million unauthorized residents would initially gain legal status under the bill, but that change in status would not affect the size of the U.S. population.)”

Tuesday, June 18, 2013

Government Surveillance/ Anti-Abortion Bill/ Women in the Military



“Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater. Makes an exception where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions…. Prescribes penalties for violations. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act, but authorizes such a woman or the father or maternal grandparent of the unborn child to obtain appropriate relief through a civil action.”