People For the American Way Foundation

Bad Medicine

Legal terms are often so dry that it's hard to get excited about them.  After all, who could possibly be affected by something as abstract as "preemption?"

From the Times:

In the spring of 2000, suffering from a migraine, Ms. Levine visited a clinic near here for a treatment she had received many times: Demerol for the pain and Wyeth’s drug Phenergan for nausea.

“Nothing wrong with either drug,” Ms. Levine said. “They’re both safe when given the right way.”

But if Phenergan is exposed to arterial blood, it causes swift and irreversible gangrene.

You can imagine how this story ends.  Diane Levine, a musician, lost her arm because of improperly administered medication (which didn't give appropriate warning on the lable), and now the pharmacutical company insists that she's not allowed to sue under state law.

Now the case is coming to the Supreme Court, which hasn't been a particularly good friend to people like Ms. Levine these last few years.

This is a perfect example of the up-is-down, black-is-white argument that the right has been making (and winning) in courts: that the FDA should protect pharmacutical companies, not individual Americans, when something goes horribly wrong.

PFAW Foundation

Washington Post Reports Problems on Election Day Imminent

From today’s Washington Post:

Faced with a surge in voter registrations leading up to Nov. 4, election officials across the country are bracing for long lines, equipment failures and confusion over polling procedures that could cost thousands the chance to cast a ballot.

The crush of voters will strain a system already in the midst of transformation, with jurisdictions introducing new machines and rules to avoid the catastrophe of the deadlocked 2000 election and the lingering controversy over the 2004 outcome. Even within the past few months, cities and counties have revamped their processes: Nine million voters, including many in the battleground states of Ohio, Florida and Colorado, will use equipment that has changed since March.

But the widespread changes meant to reassure the public have also increased the potential for trouble.

We’re pleased to see that the media’s taking seriously the concerns of the voting rights community about the problems that are plaguing the electoral system.  We’ve already seen increased pressure on our overburdened electoral system with the heightened voter turnout during the 2008 primary season – registration processing, machine failures, voter ID requirements, and poll worker training to name a few problems that were documented in the report “Will Problems in Early Primaries Affect the Buckeye State?

People For has developed helpful toolkits for voters where they can find important information like the voter registration deadline, dates for early voting, and the deadline for requesting an absentee ballot.  They’ve also explain what constitutes the proper ID you’ll need at polling precincts on Election Day.  

PFAW Foundation

Need to Brush Up on Your Wonk Lingo?

Luckily, the good folks at the ACLU have your back. They've just posted the concluding installment of "Congress-ese," a series of blog entries aimed at teaching you stuff about Congress you didn't learn in social studies class.

Find the answers to questions like:

PFAW Foundation

Rep. Chris Smith Thinks You Don’t Have Any Values

At the RNC this week, Representative Chris Smith of New Jersey declared that America’s schools and universities have become “bastions of moral relativism,” and as a remedy for this, “Our students must find the God of the Bible and Biblical values in the classroom, on the campus.” Setting aside for a moment the establishment clause of the First Amendment (which I would encourage Congressman Smith to peruse) this is a perfect example of the Religious Right’s conception of values. Namely: there are no values but our own.

PFAW Foundation

A Judicial Victory For Church-State Separation in Florida!

Yesterday, the Florida Supreme Court issued a ruling that rejects the latest efforts by the far right to undermine religious liberty in that state and pave the way for the return of a state voucher program. Just a few hours after hearing oral argument, the Florida Supreme Court unanimously held that two proposed state constitutional amendments that would undermine religious freedom and overturn the Court's ruling a few years ago striking down the state's publicly-funded school voucher program cannot be placed on the November ballot.

PFAW Foundation

Can Design Save Democracy?

Proposed AIGA ballot design

The AIGA, a consortium of graphic artists, thinks it just might.

In order to avoid the sort of poor election ballot design that plagued the 2000 election — remember butterfly ballots and hanging chads? — the AIGA has proposed several changes that would make ballots much easier for voters to figure out. (To say nothing of prettier.)

PFAW Foundation

Fourth Circuit Victory For Religious Liberty

If you read my post back in March after the oral argument before the Fourth Circuit in Turner v. City Council of Fredericksburg, Virginia, you know that it was quite an honor to have had retired Supreme Court Justice Sandra Day O’Connor on the three-judge panel. And now Justice O’Connor has written the court’s opinion in the case, a July 23 unanimous decision in favor of our client, the Fredericksburg City Council.

PFAW Foundation

Reflections on Mildred Jeter Loving, an American Hero, and the Importance of the Supreme Court

A very heroic woman died yesterday. She probably never wanted to be a hero. She did want to be a wife, though. But back in Virginia in the late 1950s, when Mildred Jeter, a black woman, fell in love with Richard Loving, a white man, and they decided to marry, that was indeed a heroic act. Not only because of society's prejudices, but also because it was a crime — a felony punishable by one to five years in prison.

PFAW Foundation

The Supreme Court Makes It Harder To Vote

The state of Indiana has the most restrictive voter I.D. law in the country. Show up at the polls without a currently valid, government-issued photo I.D., and you can’t vote. I realize that to many Americans, that doesn’t sound like much of a burden. And for many Americans, it isn’t.

But it is a very substantial burden for many groups of eligible voters, including the elderly who don’t drive, college students, and the poor who don’t own cars. There’s a great deal of overlap between those who are unduly burdened by this law and Democratic voting constituencies. It’s probably no coincidence, then, that support for Indiana’s restrictive law came from Republicans in the state legislature.

PFAW Foundation

Court Allows FedEx Age Discrimination Case to Go Forward

In a 7-2 decision today, the Supreme Court held that current and former employees of FedEx who had sued the company claiming age discrimination could proceed with their lawsuit. At issue before the Court was whether one of the employees had filed a "charge" of discrimination with the EEOC — a prerequisite to being able to file suit under the federal Age Discrimination in Employment Act — when the form that she had submitted to the EEOC was not a "charge" form but rather an "intake questionnaire."

PFAW Foundation

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