ACSBlog: The Blog of the American Constitution Society

The House has passed a bill which would add gender and sexual orientation to the list of categories covered under federal hate crimes law.  President Bush has announced he will veto the bill.

The Nebraska Supreme Court issued a sua sponte order staying the execution of one inmate while it considers the petition of another who is challenging the constitutionality of lethal injections.

Brian Tamanaha argues that the Bush Administration has vindicated critical legal theorists, who believe that the law and politics are inseparable:

Exhibit one is the Bush Administration’s systematic ideological vetting of federal judges at every level, an effort which is aimed at producing conservative interpretations and applications of law. When this vetting is objected to, conservatives are wont to respond—after mouthing the piety that they only appoint judges who are committed to applying the law—that liberals do the same thing (or would if they could).

Exhibit two is the thorough politicization of the Justice Department, reflected in systematic ideological vetting of candidates for ordinary staff legal positions, as various investigations are beginning to reveal. Conservative defenders respond that Bush is the head of the executive branch and it is perfectly legitimate to hire people who support his (political) agenda.

Exhibit three is the thorough politicization of administrative agencies, in which ideologically (and economically) motivated people have been appointed to head agencies and departments, and have used their power to advance private interests. The recent resignation of Julie MacDonald (former head of the Fish and Wildlife Service)—who “gave internal agency documents to industry lawyers and a lawyer from Pacific Legal Foundation, all of whom frequently filed suit against the Interior Department over endangered species decisions”—is just one example of a comprehensive effort by the Bush Administration to politicize the regulatory apparatus that establishes and enforces a huge bulk of federal law. Conservative defenders say that liberal administrations appoint tree huggers and bird lovers (or would if they could), so what’s the difference.

Citing additional exhibits, of which there are many, would be redundant. All of these actions demonstrate the conviction of the Bush Administration that “law is politics” (through and through).

Anthony Ciolli, the student who co-ran a forum for law students known for the large amount of racism, sexist and homophobia in its discussions, has lost his offer for post-graduation employment.

Finally, Justice Bertha Wilson, the first female Justice on the Canadian Supreme Court, has died.  Justice Wilson joined the Court in 1982, a year after Justice O'Connor became the first woman on the United States Supreme Court.  In contrast to the U.S. Court, however, four of Canada's nine Justices are now women.