Washington Letter March 2016

     

    Courts & Judiciary

    Merrick B. Garland is President Obama’s choice for the U.S. Supreme Court

    President Obama announced March 16 that he has chosen Merrick B. Garland, chief judge of the U.S. Court of Appeals for the District of Columbia Circuit, as his nominee for the U.S. Supreme Court. If confirmed by the Senate, the 63-year-old Garland, who has served on the DC Circuit Court of Appeals since 1997 and as chief judge since February 2013, would assume the seat left vacant as a result of the death of Justice Antonin Scalia.

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    Civil Rights & Constitution

    ABA cites importance of access to qualified counsel in capital cases

    The ABA, providing its perspective on death penalty representation last month, emphasized that “no single factor is more essential to providing due process than access to qualified, adequately resourced defense counsel.” The ABA views were presented Feb. 18 to the Ad Hoc Committee to Review the Criminal Justice Act Program, a panel appointed by the Judicial Conference of the United States to conduct a comprehensive and impartial review of the administration and operation of the Criminal Justice Act.

    Bias & Discrimination

    Proposal would enhance gathering of pay equity data

    The ABA is applauding the broad reach of a proposal that would require federal contractors and private companies with 100 or more employees to report pay data by race, gender and ethnicity to the Equal Employment Opportunity Commission (EEOC) as a step toward ensuring pay equity. The proposal, announced by the president Jan. 29, expands upon an earlier proposal from the Office of Federal Contract Compliance Programs (OFCCP) to require the collection of pay data from federal contractors who employ approximately 20 percent of the workforce.

    Bias & Discrimination

    Legislation focuses on gender diversity on corporate boards

    Legislation introduced in the House March 7 seeks to increase gender diversity on corporate boards of directors, a goal in line with policy adopted by the ABA House of Delegates at its February Midyear Meeting. H.R. 4718, sponsored by Reps. Carolyn B. Maloney (D-N.Y.), would require the Securities and Exchange Commission (SEC) to establish a Gender Diversity Advisory Group to study and issue a report with recommendations on strategies to increase gender diversity among the corporate directors of publicly traded companies.

    Civil Rights & Constitution

    President directs changes to solitary confinement policies

    President Obama issued a memorandum March 1 directing the Department of Justice (DOJ) to revise its regulations and policies to limit the use of restrictive housing, including solitary confinement, in federal correctional and detention systems throughout the United States. “A growing body of evidence suggests that the overuse of solitary confinement and other forms of restrictive housing in U.S correctional systems undermines public safety and is contrary to our nation’s values,” the president said.