July 12, 2023 at 12:26 pm
· Filed under Public Interest Law News Bulletin
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hello, interested public!
This is going to be a double-header week for the Digest as I play catchup after a family tragedy last week. Thank you all for your patience with me as I’ve worked to bring you a doorstop of a Digest covering last week’s news. Major stories include responses to major decisions released by the US Supreme Court week before last (you can read NALP’s official response to the Court’s affirmative action ruling here ). Most notably, additional media outlets are continuing to unravel the implications of the late-breaking revelation (discussed in the last edition of this Digest) that the facts underlying the Court’s recent decision in 303 Creative LLC v. Elenis may have been fabricated.
As always, these stories and more are in the links below.
Take care of each other,
Sam
Editor’s Choice
Supreme Court Ethics Concerns
Student Loans & Student Debt
In New York NY, “[t]he New York Times is under fire after including ‘death’ as one of the options out of student loan debt after the Supreme Court blocked the Biden administration’s plan to forgive them. The newspaper published an article explaining six ways to get rid of student loan debt soon after the Supreme Court decision on Friday…Under the section that had ‘death’ in the subhead, the article read, ‘This is not something that most people would choose as a solution to their debt burden’ and added federal student loan debt ‘dies with the person or people who take it on.’ ”
In Washington DC, “[t]he US supreme court’s decision to strike down Joe Biden’s student debt forgiveness plan late last week ‘usurped the authority of Congress’, Democratic House representative Ro Khanna said. ”
Also in Washington DC, “President Joe Biden isn’t letting Friday’s Supreme Court decision stop him from trying to get student-debt relief to millions of borrowers. But it could take some time…[J]ust hours after the Supreme Court handed down that decision, Biden and Education Secretary Miguel Cardona announced they’ll be trying again, using the Higher Education Act of 1965…The reason this process will take longer is because the Higher Education Act must go through the negotiated rulemaking process, in which it could take months — at minimum — to hold public hearings on the law and solicit public comment. ”
Meanwhile, again also in Washington DC, “[the House Education and the Workforce Committee] have introduced a bill called the Federal Assistance to Initiate Repayment (FAIR) Act, which would allow student loan borrowers to access affordable and burden-free repayment options, according to the text. Among other changes, it would require the education secretary to make ‘at least 12 notifications’ to borrowers before repayment begins — including options for repayment, the deadline and more. The legislation would also create an income-driven repayment plan, set at 10% of borrowers’ discretionary income, and would automatically have borrowers repaying based on their income. Interest would be paused and half of a borrower’s payment would go toward the principal for those with adjusted gross income that is less than 300% of the federal poverty line — or $45,675 for people under 65. The FAIR Act would also offer various deferment and forbearance options, such as medical residency and active-duty military and National Guard duty. ”
In the United States, “[t]he Supreme Court’s decision striking down President Joe Biden’s program to forgive student loan debt for about 43 million people could hurt not just individual borrowers, but also the U.S. economy, as billions of dollars of consumers’ disposable income are taken out of circulation. The ruling could spark a ‘modest headwind’ against economic growth, Bernard Yaros, an economist at Moody’s, a financial risk assessment firm, told ABC News…On average, Black borrowers owe 95% of their original student loans 20 years after applying for them, compared to 6% among white borrowers – a fact Democratic congressional leaders were quick to reference in condemning the ruling. ”
Eye on AI
Environmental Crisis
In Montana, “[a] constitutional legal strategy is gaining traction as a way to potentially help bring about climate justice, boosted by a recent high-profile trial in which 16 young plaintiffs spoke movingly about how the climate crisis has affected their lives. That case, the first US constitutional climate trial, came to an end in Helena, Montana, earlier this month, with a verdict expected to be delivered by a judge in the coming weeks. Climate and legal advocates say the Montana case – which made national and international headlines – could inspire more legal action, while also pushing forward similar lawsuits pending against four other states and the federal government. Some climate advocates are, meanwhile, working to enshrine similarly robust environmental rights in other state constitutions, which they say could become the basis of future climate litigation. ”
In the United States, “[a] new national student organization known as Law Students for Climate Accountability (LSCA) is putting pressure on the nation’s top-ranked law schools to gradually eliminate paths toward careers in fossil fuel representation and instead support those that foster a just and livable future for everyone. ”
Immigration & Refugee Issues
Non-Profit & Government Management & Hiring
Access to Justice – Civil & Economic
In Memphis TN, “[t]he National Fair Housing Alliance is launching a local nonprofit that will investigate discrimination complaints, back up those investigations with lawsuits and lobby for more equitable housing policies in the region. Initially funded by a $1.88 million grant from the U.S. Department of Housing and Urban Development, the nonprofit will be eligible to receive major, ongoing funding from HUD for years to come. The NFHA chose Memphis — one of the country’s most segregated cities — after the city kept rising to the top of its recent national efforts on homeownership access, source of income discrimination and redlining, according to NFHA general counsel Morgan Williams. ”
In Washington DC, “[t]he Biden administration is investing more than $3 billion in nationwide efforts to reduce homelessness, with a focus on helping military veterans get and stay in stable housing. The centerpiece of the effort is $3.1 billion for the Department of Housing and Urban Development’s “Continuum of Care” program, the single biggest infusion of funds into the program that supports state, tribal and local government efforts to tackle homelessness. ”
Also in Washington DC, “[t]he U.S. Supreme Court has agreed to decide whether some administrative trials by the U.S. Securities and Exchange Commission violate the Seventh Amendment’s right to a jury. ”
Again also in Washington DC, “[t]he U.S. Supreme Court [] agreed to decide the constitutionality of a federal law that bans gun ownership by people subject to domestic-violence restraining orders. ”
Also in Washington DC, “U.S. House Education and Workforce Committee Democrats on Thursday announced the introduction of a bill to increase civil and criminal penalties for employers who knowingly violate child labor laws. The measure would also prevent states from easing federal child labor standards. The bill, The Protecting Children Act, comes as multiple states have passed laws that roll back child labor laws, coupled with U.S. Department of Labor investigations that have found a steady increase in child labor violations since 2015. ”
In Grass Valley CA, “[a] new homeless outreach program pairing a social worker with a police officer…seemed to be working…But when the three-year grant paying for that outreach ended in June, there was no money to replace it. So the program came to a screeching halt, to the disappointment of all involved. ”
In Texas, “[s]tarting this September, child protective services agents across Texas will be required to read parents their constitutional rights, the same way that police do for criminal suspects. Under a new law enacted by the state Legislature, caseworkers there will be informing parents under investigation that they have the right to remain silent, to have a lawyer present and to decline searches of their home or of their children without a court order. ”
In the United States, “[a]s veteran disability claims soar, unaccredited coaches profit off frustration with the VA system[.] ”
Access to Justice – Criminal
Prosecutorial and Public Defense Office Hiring Crises
Criminal Justice Reform and Counter-Reform
In Kansas, “[f]our years after the federal public defender for Kansas, Melody Brannon, filed quite a damning disciplinary complaint against problem prosecutor Terra Morehead — a serial offender with a long rap sheet of misconduct findings — Brannon finally got a letter back last week from the Kansas Office of the Disciplinary Administrator[:] ‘After carefully reviewing the material, and deliberating over the facts and rules…the review committee found that probable cause does not exist and that there is not sufficient evidence to prove a violation of the Kansas Rules of Professional Conduct. The review committee’ — made up of other prosecutors, as always — ‘has directed this office to notify you of the dismissal of this complaint.’ ”
In Maine, “[s]tate lawmakers have passed legislation that aims to crack down on jails that record attorney-client phone calls by disqualifying investigators who listen to private jail phone calls and directing prosecutors to adopt statewide procedures to ensure confidentiality by January 2024…A spokesman for [Gov. Janet] Mills’ office said she is reviewing the bill. ”
In San Francisco CA, “District Attorney Brooke Jenkins’ office confirmed Monday she is dismissing charges against former San Francisco Police officer Kenneth Cha, who fatally shot Sean Moore at his home in 2017. Her predecessor, Chesa Boudin, had filed voluntary manslaughter charges against Cha in 2021. ”
In Los Angeles CA, “Fresh off an embarrassing attempt to claw back Los Angeles police officer photos the city released in response to a public records request, City Atty. Hydee Feldstein Soto has launched another misguided effort — this time to weaken the state’s bedrock government transparency law. ”
In Iowa, “[c]riminal records [are] increasingly forgiven in hiring Iowa police officers[.] ”
In Washington DC, “[a] group of Republican lawmakers want to eliminate armed law enforcement from a handful of agencies, saying the employees are unnecessary and infringe on the lives of U.S. citizens. The 2023 No Funds for Armed Regulators Act (H.R. 4416) would specifically prohibit funding and hiring for regulatory enforcement officers at the Internal Revenue Service, Environmental Protection Agency and Labor Department. ”
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