Washington Markup

Court’s Ruling to Allow Employer to Discriminate Out of Step; Threatens Women’s Health

By Sarah Lipton-Lubet, ACLU Washington Legislative Office & Brigitte Amiri, ACLU Reproductive Freedom Project at 4:30pm

A federal court in Colorado today put a temporary halt on the implementation of the Obama administration’s contraceptive coverage rule, with respect to one company. The contraceptive coverage rule requires insurance plans to cover contraception and stop routinely discriminating against women. The decision, if upheld, could pave the way for businesses to use their owners’ religion as an excuse to discriminate. 

What the Supreme Court’s Obamacare Decision Means for Birth Control Litigation

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 5:23pm

Last week, as the nation paid rapt attention, the Supreme Court upheld the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius.  The decision is especially critical for women, who are more likely to suffer gaps and discrimination in their health care coverage.  Importantly, it means that the contraceptive coverage rule – which ensures access to affordable birth control for millions of women across the country – is still in place.

Obama Has Done His Part; Senator Rubio, It’s Your Turn

By Charanya Krishnaswami, ACLU Washington Legislative Office at 9:47am

In the midst of an election year in which Democrats and Republicans seem prepared to fight about whether the sky is blue, here’s one thing that both parties actually agree on: the lifeline President Obama extended last week to America’s undocumented youth is not a permanent solution.

Last week the president used well-established executive authority to institute“deferred action” for this class of DREAMers—promising students who are American in all but status—which will halt their pending or future deportations for a period of two years. Although Republicans have criticized the measure as an expedient, short-term solution, the president has made clear this policy is not a permanent fix: “This is a temporary stop-gap measure that lets us focus our resources wisely while giving a degree of relief and hope to talented, driven, patriotic young people.” Indeed, the president ended his announcement by calling on the only branch vested with the ability to grant DREAMers longstanding relief: Congress.

It Is Time to Modernize Discriminatory HIV/AIDS Laws

By Ian S. Thompson, ACLU Washington Legislative Office & Steven Waddy, Legislative Assistant, ACLU at 4:55pm

While science has vastly advanced since the early days of the HIV/AIDS epidemic more than 30 years ago, the ways in which many criminal laws treat people living with HIV look like throwbacks to the dark days of the past when fear and misinformation about HIV and how it is transmitted were rampant.

There are presently 32 states that have criminal laws that punish people for exposing another person to HIV, even in the absence of actual HIV transmission or even a meaningful risk that transmission could occur.

A Wish for the New Year: End Mass Deportation and Family Separation

By Shawn Jain, ACLU at 12:08pm

As families get together this holiday season, we thought we’d share one wish for the New Year: an end to a government policy that tears thousands of these families apart.

We’re talking about the Obama administration’s harsh immigration enforcement regime, which has led to more than 200,000 parents of U.S. citizen children deported in just the last two years.

Nation’s Top Spies Still Mum on How Many Americans They’ve Surveilled

By Robyn Greene, ACLU Washington Legislative Office at 5:29pm

Last month I wrote about how Sen. Ron Wyden (D-OR) has been rebuffed in his multi-year effort to get answers to very basic questions about how the government uses the sweeping authorities granted under the FISA Amendments Act (FISA).

Wyden spearheaded two more letters to the National Security Agency (NSA) Director and the Director of National Intelligence (DNI).  Again, he was denied answers.

Get Ready for A Scintillating Discussion on the Finer Points of IP and Foreign Trade Policy

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 12:34pm

So, Wednesday, I’ll be participating in an “Ask Me Anything,” or AMA, discussion on Reddit.  It amazes me that folks are even interested, but the topic will be the Trans-Pacific Partnership Agreement (“TPP”). 

Government’s “Anti-leak” Measures Attack Privacy and the Press

By Sandra Fulton, ACLU Washington Legislative Office at 4:16pm

Although the conflict between government classification rules and practices and the First Amendment rights necessary to promote a free and open society is nothing new, recent developments may indicate an alarming shift away from basic First Amendment principles.

A recent article by the Washington Post showed surveillance of federal employees has been stepped up government-wide. According to the article, last year the Food and Drug Administration (FDA) began spying on its scientists, claiming to be looking for the unauthorized sharing of trade secrets. The scientists, however, claim they were being targeted for blowing the whistle on an unethical review process. According the story, such invasive surveillance in the name of national security is spreading. The spyware sold by one software company, SpectorSoft--which claims to have clients in dozens of federal agencies--can do far more than just spy on email. According to the Post, “It could be programmed to intercept a tweet or Facebook post. It could snap screen shots of their computers. It could even track an employee’s keystrokes, retrieve files from hard drives or search for keywords.”

English as a First Language

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:40pm

Sigh. As if we don’t have enough divisiveness in this country, a familiar subset of Congressional Republicans are trotting out yet another discriminatory bill papered over with hollow rhetoric about “unity,” “commonality” and shared national vision, which will be the subject of a hearing in the House Constitution Subcommittee today. (Here’s the ACLU’s statement, which focuses mainly on the civil rights and immigration issues in the bill; I’m just covering the First Amendment in this post.)

New Cybersecurity Amendments Unveiled to Address Privacy Concerns

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:28pm

No cyber news is usually good news, but today is an exception.  Senators have unveiled significant privacy amendments that will be incorporated into S. 2105, the Cybersecurity Act.  Authored by Sens. Lieberman, Feinstein, Rockefeller and Collins, the bill provides comprehensive cybersecurity reform, including a new ‘information sharing’ program that permits companies to share internet info with each other and the government.