Government Matters

After Crises, Companies Continue to Place Public and Workers at Risk

In the wake of high-profile regulatory failures, including the worst mine disaster in recent history, the companies responsible continue to run afoul of laws and regulations meant to protect public health and worker safety.

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For-Profits Use Nonprofit Structure to Avoid Earmark Ban

In response to intense criticism of congressional earmarks, House Appropriations Chair David Obey (D-WI) announced a ban on all earmarks to for-profit organizations. These companies and their congressional patrons wasted little time in funneling earmarks to nonprofit organizations in order to circumvent the ban. Using nonprofits to circumvent the ban on earmarks raises questions about the practice itself, as well as the policy of ending all earmarks to for-profit corporations.

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Nonprofits Active in Voting Rights Issues before Midterm Elections

As the midterm elections approach, nonprofit organizations are staying active in voting rights issues. Nonprofits have played key roles in the settlement of a New Mexico voting rights case, opposition to the state of Georgia's challenge to the federal Voting Rights Act, and advocacy supporting the Fair Elections Now Act. Through these and other activities, nonprofits are advocating for a process that ensures that their constituencies' interests are represented.

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Commentary: The Case for a Second Stimulus

If there's one thing Republicans and Democrats can agree on, it's that the economy has seen better days. Indeed, looking at various employment statistics, it's hard for anyone to express optimism about the nation's economic condition. The national unemployment rate is 9.5 percent, and the number of workers unemployed for 27 or more weeks is at an historic high. The nation's present economic state has provided ammunition to critics who argue that the Recovery Act, the $787 billion package designed to stimulate the economy, has failed. The current economic situation has prompted calls from others for a second stimulus.

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Kagan's Impact on Transparency Difficult to Predict

Elena Kagan, President Obama's nominee for the U.S. Supreme Court, is currently undergoing her confirmation hearing before the Senate Judiciary Committee. During the hearing, she will be questioned about a wide range of legal and political issues, which may include government transparency. Kagan's arguments in several transparency-related cases as Obama's Solicitor General may offer some insight into her approach to open government. However, because she has argued those cases from the administration's perspective, her personal legal views on transparency are difficult to assess. It is, therefore, hard to predict how she may rule in transparency-related cases if confirmed as a justice.

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Lack of Transparency in Oil and Gas Oversight Still a Major Problem

The Department of the Interior's management of oil and natural gas resources suffers from a lack of public access to information, according to government investigators and numerous public interest groups. This lack of openness takes a significant toll on the public's ability to challenge Interior's decisions and impedes accountability. Reforms to the Interior Department's oil and gas management policies announced in recent months have not made transparency a key element, casting doubt on their potential to bring about stronger oversight.

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MSHA Limited Number of Mines on Violations List

Earth Officials at the Mine Safety and Health Administration (MSHA) purposefully prevented a number of mines with serious safety violations from being placed on the list of mines with patterns of violations. Budget constraints, not safety concerns, led to some dangerous mines not being listed, according to the Department of Labor's Office of Inspector General (OIG).

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Simplify Choices, Disclose More to Alter Public Behavior, White House Says

The White House’s Office of Management and Budget (OMB) will push government to look at regulation in a new light and reassess how the choices regulators make affect the choices the public makes, according to a new memorandum sent to federal agencies.

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Supreme Court Says States May Disclose Petition Signatories

On June 24, the U.S. Supreme Court ruled 8-1 that states may publicly disclose referendum petition signatures. The case, Doe v. Reed, centers on the public's right to know who signed petitions related to Referendum 71, a 2009 attempt to overturn Washington State’s expanded domestic partner law, which gives gay and lesbian couples the same rights as married couples.

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House Passes DISCLOSE Act, Senate Struggle Begins

On June 24, the House passed the DISCLOSE Act by a close, largely party-line vote of 219-206. Supporters praise the bill as a success for transparency, while critics argue that it is an attack on the First Amendment and creates unfair exemptions for groups such as the National Rifle Association. The companion bill in the Senate, S. 3295, must now overcome many obstacles.

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