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Law and Disorder is a weekly independent civil liberties radio program airing on more than 150 stations and on Apple podcast. Law and Disorder provides timely legal perspectives on issues concerning civil liberties, privacy, right to dissent and practices of torture exercised by the US government and private corporations.
Law and Disorder May 16, 2022
Law and Disorder May 16, 2022
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Michael Smith Editorial On Kathy Boudin
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Landmark Case Roe v. Wade Analysis
In headline news, on May 3 a leaked draft Supreme Court opinion was published in Politico. Samuel Alito’s draft decision in Dobbs v. Jackson Women’s Health Organization would overrule the landmark cases of Roe v. Wade and Planned Parenthood v. Casey. Alito writes that abortion is no longer a constitutional right and he leaves it up to the states to enact and enforce laws restricting a woman’s right to choose.
Alito wrote that “Roe and Casey must be overruled,” finding no constitutional right to abortion. If four more conservative members of the Supreme Court agree — which Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett reportedly do at the present time—all reproductive and privacy rights will be imperiled.
If the court overrules Roe, it’s expected that half the states will outlaw or severely limit abortion. Thirteen states with so-called “trigger laws” would immediately ban the procedure. Five states that have pre-Roe abortion bans could once again enforce them. And 14 states would ban abortions before fetal viability.
Prohibition of and restrictions on abortion would disproportionately affect poor women and people of color. People suffering early miscarriages or ectopic pregnancies could be adversely affected if Roe is overturned. Fertility procedures such as in-vitro fertilization, egg extractions and stem cell procedures could be outlawed. Other “unenumerated” rights not specifically mentioned in the Constitution would be jeopardized. They include the right to travel, the right to vote and the right to interracial marriage.
Guest – Attorney Marjorie Cohn – Professor emerita at Thomas Jefferson School of Law where she taught from 1991-2016, a former criminal defense attorney, and past president of the National Lawyers Guild. She lectures, writes, and provides commentary for local, regional, national and international media. On May 6, Marjorie published an article on Truthout titled: Will Demise of “Roe” Be a Death Knell for Contraception, Marriage Rights?
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Government Agencies Delay Food Safety FOIA Requests
The US Freedom of Information Act is a 1967 federal law requiring federal agencies to disclose information to the public. The logic being: “a government of, by and for the people, is transparent and accountable to those people.” Getting the act passed was a democratic victory of the movement in the 60s. Over the last half-century, FOIA requests became critical tools for both journalists and activists seeking to illuminate federal agency activities.
The problem is– it’s getting harder to wrest information from recalcitrant government agencies. Federal agencies began both heavily redacting information, or ignoring requests entirely. And delays got noticeably lengthier. The law gives agencies 20 business days to respond. But in 2019, the average wait time for a reply to your FOIA request was nearly six months (177 days).
This forces public safety groups to begin expensive and lengthy lawsuits to get data that’s rightfully ours. Today’s guest has experienced this frustrating process—first requesting information; then waiting years for respective agencies to respond; receiving either no reply or replies with much the data blacked out; and finally, being forced to sue.
Guest – Zach Corrigan, is a champion of food safety and senior attorney at Food and Water Watch. Back in 2018, Mr. Corrigan became concerned when Trump both removed 40% of the federal inspectors and allowed for faster slaughter lines in our nation’s hog slaughterhouses. Letting hog slaughterhouses regulate themselves makes foodborne illness nearly inevitable, because Trump’s new rules precluded adequate safety testing. COVID itself should have taught us that human health is inexorably linked to the health of all other animals and the environment. Yet even the Biden administration is pandering to the meat industry by deregulating it.
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Law and Disorder May 9, 2022
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- Roe v. Wade Editorial by Attorney Jim Lafferty
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Paralysis In The US Antiwar Movement
The proxy war between the United States and Russia has been going on in Ukraine, according to some, since February. Others argue it’s been happening since 2014 with the U.S.-organized coup which overthrew the elected government of Ukraine and replaced it with a government more favorable to U.S. interests.
The corporate news media in the United States have downplayed the U.S. role in the 2014 coup, which brought fascists into a European country‘s government for the first time since World War II. At that point, the coup government launched a military action against the Russian speaking population of the eastern Donbas region which had declared its independence by a popular vote. This military action by Ukrainian forces resulted in 14,000 deaths.
It is the position of many antiwar activists in the United States that Russia initiated a war of aggression by invading Ukraine this past February. Other antiwar activists say that Russia acted in self-defense, considering what happened in 2014, the expansion of NATO and military bases up to Russia’s borders; they have refused to outright condemn the Russian invasion.
This disagreement has caused a paralysis in the U.S. peace movement. Moreover, the United States has supplied the Ukrainian government with billions of dollars worth of weapons and has demonstrated no inclination to support a cease-fire or a negotiated settlement.
Some have observed that the United States will fight the Russians to the last drop of Ukrainian blood.
The danger of a nuclear conflagration between the United States and Russia, the world’s two most heavily nuclear armed countries, increases daily. The United States has now articulated its goal in the war: to subjugate the Russians and overthrow the Putin government.
For its part, the Ukrainian government is under tremendous pressure from right-wing forces in the country (the same forces that participated with rifle fire in the 2014 coup) to refrain from engaging in peace discussions. The Ukrainian government is operating under martial law and has banned all opposition parties, including socialists and those advocating for negotiations and peace. Repression in Ukraine is being carried out by the SUB, the Ukraine political police, with advice from the CIA.
What will it take to mobilize antiwar Americans so they act together in a unified way? What demands should they raise?
Guest – Medea Benjamin is the co-founder of the women-led peace group CODEPINK and the co-founder of the human rights group Global Exchange. She serves on the CODEPINK Board of Directors and has been an advocate for social justice for more than 40 years. Described as “one of America’s most committed — and most effective — fighters for human rights” by New York Newsday, and “one of the high profile leaders of the peace movement” by the Los Angeles Times, she was one of 1,000 exemplary women from 140 countries nominated to receive the Nobel Peace Prize on behalf of the millions of women who do the essential work of peace worldwide.
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Free Speech And Censorship In The United States
We are taught from a very young age that one of the many blessings of living in an open and democratic nation is that we all have the right to say publicly what is on our mind; that free speech is one of the great hallmarks of our democracy. And yet, throughout our nation’s history there have been periods of time when the constitutional guaranty of free speech has been under serious assault. And this is one of those times. Less than 50% of students, as well as all other American adults, feel the right of free speech is fully secure in the United States today. And I’m afraid they are correct.
In recent years a number of public opinion surveys have disclosed that a goodly number of Americans believe people with hateful or very controversial views that might unduly excite people, or insult people, should not be allowed to express those views in the public arena. And this is true of both liberals and conservatives. At least one in four college students think it’s fine to ban highly controversial speakers from their college campus and, in fact, one in six students believe that if all else fails, they can resort to physical intervention to prevent them from speaking on campus.
Well, as the old adage about it not being legally permissible to shout “fire” in a crowded movie theater, what are the limits on free speech today? Should racist speech be allowed? How about misogynous speech? Or pro-Palestinian and anti-Israel speech? Does the fact that our nation is very divided, very tribal today, inform the answers to such questions? Well, we’ve a lot to cover today. Let’s get started.
Guest – Attorney Nadine Strossen is the New York Law School’s John Marshall ll Professor of Law, Emerita. From 1991-2008 she served as the president of the American Civil Liberties Union, the first woman to do so. When she stepped down as ACLU president in 2008, three US Supreme Court Justices participated in her farewell and tribute luncheon: Ruth Bader Ginsburg, David Souter and Antonin Scalia. Her 2018 book, is “HATE: Why We Should Resist It With Free Speech, Not Censorship,” and her earlier book, “Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights,” was named a “notable book of 1995 by the New York Times.
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