Tag: civil rights

HOW THE PRISON LITIGATION REFORM ACT BLOCKS JUSTICE FOR PRISONERS

In 2014, Abu Huraira, 45, was transferred to Georgia State Prison after 16 years in the custody of the Georgia Department of Corrections (GDC). On his arrival, prison officials failed to give him an initial medical screening, violating GDC policy. Because of that, Huraira went weeks without receiving medication for his chronic pain or dental care for a decaying tooth, despite submitting multiple requests to medical staff at the prison. Additionally, prison officials forced Huraira, a Muslim, to shave his beard using unsanitized clippers, exposing him to the risk of bloodborne diseases, and denied him access to Islamic prayer services, according to a lawsuit he later filed in federal court.

When Huraira sued GDC for violating his rights to medical care and religious liberty, GDC attorneys didn’t dispute the substance of his allegations. Instead, they argued that he had no right to sue at all because he had not filed a formal grievance with prison authorities. Even though Huraira told the court that corrections officers had refused to allow him to file a grievance, a federal judge ruled in GDC’s favor and dismissed Huraira’s lawsuit on the grounds that he had “failed to exhaust administrative remedies.”

All of this was possible thanks to a little-known federal law called the Prison Litigation Reform Act (PLRA). Signed into law in 1996 by President Bill Clinton, the PLRA sought to tamp down on “frivolous” lawsuits filed by prisoners by making it easier for courts to dismiss cases before they ever went to trial. The law also capped the amount of damages prisoners could collect from prison officials who violated their constitutional rights, discouraging professional attorneys from taking on prisoners’ cases.

As a result, the PLRA has made it virtually impossible for prisoners to hold corrections officials accountable for civil rights violations like excessive force or inadequate medical care. Without judicial oversight, corrections officials act with impunity because they rarely face consequences for violating prisoners’ rights.

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DOJ Accuses Louisville Police Of Civil Rights Violations, Discrimination After Breonna Taylor Investigation

Louisville’s police routinely violate constitutional rights and federal law, the Department of Justice (DOJ) said following a two-year investigation following the death of Breonna Taylor.

The DOJ announced the findings of its investigation on Wednesday in a press conference and 90-page report. Federal investigators said their review found that officers of the Louisville Metro Police Department (LMPD) “engage in a pattern or practice of conduct that violates the U.S. Constitution and federal law.”

Some of the report’s findings include use of excessive force, executing search warrants without knocking or announcing, using invalid search warrants, and violating the rights of protesters.

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Large numbers of Americans want a strong, rough, anti-democratic leader

It might be comforting to think that American democracy has made it past the Jan. 6, 2021, insurrection. But our research shows that a wide range of the American people, of all political stripes, seek leaders who are fundamentally anti-democratic.

It’s true that many who participated in the insurrection are facing consequences, including prison time. Many candidates for state office who falsely claimed that Donald Trump won the 2020 presidential election lost their races. And the congressional committee investigating the insurrection voted to refer Trump to the Department of Justice for criminal charges.

But more than 100 members of Congress who objected to the results of a free and fair election won their reelection campaigns. And at least seven people who attended the “Stop the Steal” rally on Jan. 6 have been elected to state legislatures and two have been elected to Congress.

As scholars interested in how committed citizens are to democracy, we wanted to measure whether regular Americans want someone who will abide by democratic traditions and practices or dispense with them.

Using a nationally representative sample of 1,500 respondents, we found that a large proportion of Americans are willing to support leaders who would violate democratic principles.

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35 of Ayn Rand’s Most Insightful Quotes on Rights, Individualism, and Government

Alisa Rosenbaum was one of the most controversial writers in America’s history. Why, then, have few people heard of her? Because both people’s plaudits and their intemperate attacks have been aimed at the new name she adopted after leaving Russia for America—Ayn Rand. 

Her influence is beyond question. She sold more than 30 million books, and decades after her 1982 death, hundreds of thousands more sell each year. Atlas Shrugged has been ranked behind only the Bible as a book that influenced readers’ lives.

Some are devoted enough that Randian has become a descriptive term. Others use her name only to disparage opponents. Still others disagree with some of her ideas (e.g., while Rand was an often-strident atheist, capitalism is clearly defensible on Christian principles, and most historical defenses of liberty employed Christian rationales which conflict with Rand’s reasoning), yet find a great deal of insight in her analysis of liberty, rights and government.

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The Constitution Has Already Been Terminated

“That was when they suspended the Constitution. They said it would be temporary.”—Margaret Atwood, The Handmaid’s Tale

If there is one point on which there should be no political parsing, no legal jockeying, and no disagreement, it is this: for anyone to advocate terminating or suspending the Constitution is tantamount to a declaration of war against the founding principles of our representative government and the rule of law.

Then again, one could well make the case that the Constitution has already been terminated after years on life support, given the extent to which the safeguards enshrined in the Bill of Rights—adopted 231 years ago as a means of protecting the people against government overreach and abuse—have been steadily chipped away at, undermined, eroded, whittled down, and generally discarded with the support of Congress, the White House, and the courts.

Consider for yourself.

We are in the grip of martial law. We have what the founders feared most: a “standing” or permanent army on American soil. This de facto standing army is made up of weaponized, militarized domestic police forces which look like, dress like, and act like the military; are armed with guns, ammunition and military-style equipment; are authorized to make arrests; and are trained in military tactics.

We are in the government’s crosshairs. The U.S. government continues to act as judge, jury and executioner over a populace that have been pre-judged and found guilty, stripped of their rights, and left to suffer at the hands of government agents trained to respond with the utmost degree of violence. Consequently, we are at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.” With alarming regularity, unarmed men, women, children and even pets are being gunned down by the government’s standing army of militarized police who shoot first and ask questions later.

We are no longer safe in our homes. This present menace comes from the government’s army of bureaucratized, corporatized, militarized SWAT teams who are waging war on the last stronghold left to us as a free people: the sanctity of our homes.

We have no real freedom of speech. We are moving fast down a slippery slope to an authoritarian society in which the only opinions, ideas and speech expressed are the ones permitted by the government and its corporate cohorts. In more and more cases, the government is declaring war on what should be protected political speech whenever it challenges the government’s power, reveals the government’s corruption, exposes the government’s lies, and encourages the citizenry to push back against the government’s many injustices. The ramifications are so far-reaching as to render almost every American who criticizes the government an extremist in word, deed, thought or by association.

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Democrat Lawyer: ACLU ‘Defended Terrorists, Nazis, And They Would Not Touch Covid Issues’

Democrat lawyer Scott Street quit his law firm to legally defend from Joe Biden’s federal vaccine mandate Americans’ right to make their own medical decisions, he told Tucker Carlson in a recent interview for Fox Nation. Medical freedom cases “probably made up two-thirds of my practice last year,” The Federalist contributor and California resident explained.

“I couldn’t sit by and see people get away with this,” he said, “but it was tough, no question.”

Street “couldn’t believe anyone was going along with” lockdown mandates, “because I thought it was blatantly illegal,” the civil rights lawyer told Carlson.

The longtime Democrat strategist and campaign staffer told Carlson he’d worked with liberal legal groups such as the American Civil Liberties Union and Public Counsel for years and couldn’t believe they refrained from contesting what he saw as obvious mass infringements of Americans’ civil liberties after Covid-19 reached the United States.

“These are groups that defended terrorists after 9/11, Nazis, they’ve defended everything, and they would not touch any of these Covid issues,” Street said.

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10 Ways in Which Our Rights Have Been Usurped

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” — Abraham Lincoln

It’s easy to become discouraged about the state of our nation.

We’re drowning under the weight of too much debt, too many wars, too much power in the hands of a centralized government, too many militarized police, too many laws, too many lobbyists, and generally too much bad news.

It’s harder to believe that change is possible, that the system can be reformed, that politicians can be principled, that courts can be just, that good can overcome evil, and that freedom will prevail.

So where does that leave us?

Benjamin Franklin provided the answer. As the delegates to the Constitutional Convention trudged out of Independence Hall on September 17, 1787, an anxious woman in the crowd waiting at the entrance inquired of Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” “A republic,” Franklin replied, “if you can keep it.”

What Franklin meant, of course, is that when all is said and done, we get the government we deserve.

Those who gave us the Constitution and the Bill of Rights believed that the government exists at the behest of its citizens. It is there to protect, defend and even enhance our freedoms, not violate them.

Unfortunately, although the Bill of Rights was adopted as a means of protecting the people against government tyranny, in America today, the government does whatever it wants, freedom be damned.

“We the people” have been terrorized, traumatized, and tricked into a semi-permanent state of compliance by a government that cares nothing for our lives or our liberties.

The bogeyman’s names and faces have changed over time (terrorism, the war on drugs, illegal immigration, a viral pandemic, and more to come), but the end result remains the same: in the so-called name of national security, the Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded with the support of Congress, the White House, and the courts.

A recitation of the Bill of Rights—set against a backdrop of government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches, vaccine mandates, lockdowns, and the like (all sanctioned by Congress, the White House, and the courts)—would understandably sound more like a eulogy to freedoms lost than an affirmation of rights we truly possess.

What we are left with today is but a shadow of the robust document adopted more than two centuries ago. Sadly, most of the damage has been inflicted upon the Bill of Rights.

Here is what it means to live under the Constitution, twenty-plus years after 9/11 and with the nation just emerging from two years of COVID-19 lockdowns and mandates.

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New Transgender ‘Bill of Rights’ Designed to Erase Real Women

More than 80 House Democrats recently introduced a resolution they call the Trans Bill of Rights. The authors claim it will ensure that transgender and nonbinary people are, as a lead sponsor Rep. Marie Newman put it, “free to live as their authentic self.” 

In practice, the Trans Bill of Rights guts protections and programs for biological women. Every American must now decide: do I support this vision of trans rights, or do I stand for women’s rights? It is impossible to support both because they are in direct conflict.

The press materials promoting the Trans Bill of Rights focus on the idea of inclusivity, personal fulfillment, and preventing the bullying and mistreatment of LGBTQ+ and gender-nonconforming communities, all of which sounds very nice. Of course, Americans oppose bullying and want everyone treated with kindness and respect. But the Trans Bill of Rights isn’t just a feel-good statement of support or warning against bullying. It has serious legal implications — particularly for women.

The Trans Bill of Rights would redefine the term “sex” under the Civil Rights Act to include “gender identity and sex characteristics” and prohibit public accommodations and federally funded programs from offering spaces and programs exclusively for women. In other words, it would become illegal to take into account sex or “sex characteristics,” and single-sex facilities would cease to exist. If a female athletic team cannot discriminate against males, then men will dominate competitions meant for women. If women’s locker rooms, rape crisis centers, and domestic violence shelters are required to take in men, women’s privacy and security will be compromised. If men are allowed to opt in to women’s prisons, then female prisoners will face physical harm.

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