Publications

Court Says Parts of Executive Order Used to Shut Down Charities are Unconstitutional

A Nov. 27 decision by a federal district court in Los Angeles found that two portions of Executive Order 13224 (EO), used to designate organizations as supporters of terrorism, are unconstitutional. The case was filed by the Humanitarian Law Project (HLP) and other nonprofits that want to provide support for "lawful, nonviolent activities" of the Kurdistan Workers Party (PKK) and Tamil Tigers (LTTE), which have both been designated as terrorist organizations.

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GAO Urges New Congress to Increase Oversight in Key Areas

Congress's investigative arm, the Government Accountability Office (GAO), is prodding the upcoming 110th Congress to increase its oversight role, something Democrats are chomping at the bit to do. In a Nov. 17 report, GAO identifies 36 areas in need of congressional oversight, organized into three categories: near-term oversight; policy and program reform; and governance issues in need of long-term attention.

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FDA Negotiates Increase in Drug Company User Fees

Amidst concerns raised by public interest advocates, the Food and Drug Administration is negotiating with drug industry representatives to increase controversial user fees, according to news reports.

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ACLU Seeks Congressional Hearings on Monitoring of Antiwar Groups

The American Civil Liberties Union (ACLU) recently released more documents highlighting government surveillance of antiwar organizations. As information on the scope of the Pentagon's Threat and Local Observation Notice (TALON) database continues to accumulate, the ACLU has requested a congressional investigation into this use of counterterrorism resources for surveillance of nonviolent domestic organizations.

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Watcher: November 21, 2006

Nov 22, 2006 by Matt Lewis

Same Old Congress, Same Old Budgetary Gridlock: Long-Term CR Likely in December Threat of Estate Tax Rollback Finished for 2006

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Supreme Court May Hear Secret Regulation Case

Several groups are appealing to the U.S. Supreme Court a Ninth Circuit Court of Appeals ruling on a secret Transportation Security Administration (TSA) regulation. The regulation requires airlines to check the identification of passengers. The Ninth Circuit held that, even though the rule is not publicly accessible, it does not violate the Constitution's protection of due process.

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FEC Expands Regulation of Voter Guides

A Nov. 9, 2006 enforcement decision by the Federal Election Commission (FEC) expands federal campaign finance regulation to voter guides that do not endorse or oppose candidates if the FEC determines the guide's overall content implies support or opposition to federal candidates. The case arose from a complaint filed in December 2004 by Edmund A. Hamburger of Pinellas Park, FL, which claimed "the Sierra Club was advocating the election of Senator Kerry to the Presidency of the United States." On Nov. 9, the Sierra Club chose to settle the case and pay a $28,000 civil fine rather than incur further legal expenses, but denied any wrongdoing. The case could discourage future efforts by advocacy organizations to educate voters about candidates' track records.

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Democrats Pledge Ethics Reforms

Two weeks after the election, attention has turned to considering what the results mean for government priorities and the likely impacts on the way Congress operates. Democratic leaders in the House and Senate are working on an agenda for the 110th Congress that includes ethics and lobbying reform proposals as part of their "100 Hours" initiative. As incoming Speaker of the House Nancy Pelosi (D-CA) said, "We will start by cleaning up Congress, breaking the link between lobbyists and legislation and commit to pay-as-you-go, no new deficit spending."

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Senate Committee Set to Vote on Dudley for Regulatory Czar

The Senate is likely to vote in December on the nomination of Susan Dudley to be the new regulatory czar, according to Sen. Susan Collins (R-ME). Despite widespread criticism from the public interest community on the nomination, a confirmation hearing in which Dudley evaded disclosing much about her views, and new concerns about a perception of a conflict regarding her husband serving as head of an office that writes environmental regulations, it appears that Collins's committee will move forward with the nomination.

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Same Old Congress, Same Old Budgetary Gridlock: Long-Term CR Likely in December

Congress has made very little progress toward being able to finally adjourn for the year, leaving most of their appropriations work, a set of popular tax breaks, and funding problems in the State Children’s Health Insurance Program still unaddressed. With time running out, Congress will probably pass another extension of a budget-cutting continuing resolution, once again neglecting its duty to enact the annual spending bills.

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