Washington Letter February 2016

Criminal

ABA cites erosion of criminal intent element but urges careful steps in enacting mens rea legislation

The ABA told the Senate Judiciary Committee last month that the erosion of the criminal intent (mens rea) element in federal criminal laws is a significant problem and directly affects a core principle of the American system of justice – that individuals should not be subjected to criminal prosecution and conviction unless they intentionally engage in inherently wrongful conduct or conduct that they know to be unlawful.

Trade, Sports & Professional Associations

President-elect Nominee Hilarie Bass highlights association’s role in resolving justice issues

Miami lawyer Hilarie Bass, who was selected to be the association’s president-elect nominee during the Midyear Meeting, expressed pride in the work of the association in a speech Feb. 8 to the House of Delegates and said she is “greatly humbled” to be given the “opportunity to lead the ABA in the great work we know it will continue to accomplish in the future.”

Courts & Judiciary

Justice Antonin Scalia dies at 79; President Obama plans to submit a nominee to the Senate to fill vacancy

ABA President Paulette Brown expressed the association’s deepest sympathy to the family of Supreme Court Justice Antonin Scalia, who died Feb. 12 at age 79. Scalia was appointed to the court by President Ronald Regan in 1986, four years after Reagan had chosen him for a seat on the U.S. Court of Appeals for the District of Columbia Circuit.

Federal Government

ABA Legislative and Governmental Priorities 114th Congress

A list of the ABA's legislative and governmental priorities for the 114th Congress.

Legislation & Lobbying

ABA urges prompt implementation of new education regulations

The ABA urged the Department of Education to provide guidance and support for state and local education agencies to ensure effective collaboration with child welfare agencies as they implement provisions regarding students in foster care that are included in P.L. 114-95, education legislation signed Dec. 10 by the president.

IRS withdraws proposed donee substantiation rule

Opposition from the ABA and others led the Internal Revenue Service (IRS) to withdraw a proposed donee substantiation rule in January that would have encouraged charitable organizations to collect and report confidential information, including Social Security numbers, from donors contributing $250 or more.

Elder

Aging

In a Jan. 7 letter to House Speaker Paul Ryan (R-Wis.), ABA Governmental Affairs Director Thomas M. Susman urged that the House Permanent Select Committee on Aging be reestablished as “an important step” to ensure that Congress effectively addresses issues of importance to older adults.”

Class Actions

Class Actions

One of the House’s first votes this session was passage of H.R. 1927, a class action bill opposed by the ABA.

Federal Government

Corrections Reform

The House Judiciary Committee approved a key piece of its criminal justice reform initiative Feb. 11 when it cleared H.R. 759, the Recidivism Risk Reduction Act, for action by the full House.

Federal Government

Second Chance Act

The House Judiciary Committee approved a bill Jan. 12 to reauthorize the Second Chance Act, which ABA President Paulette Brown maintained in a letter to the committee “is essential to providing continuity for its evidence-based and cost-effective support for programs that improve reentry from prisons, jails, and juvenile facilities and that serve, not incidentally, to advance public safety.”