The 10 Worst Civil Liberties Violations of 2014

Itā€™s been an exceptionally awful year.

2014/12/29 –Ā The worldĀ may not actually be falling apartā€”but it feels like America is. From police brutality and botched executions to voter suppression and election corruption, 2014 was a terrible year for civil liberties in the United States. Protests were quelled by military-grade weapons in scenes worthy of a banana republic, and the divide between the rich and the poor in the freedom and justice they are afforded is Dickensian in its scope. While the country has evolved on marriage equality, it often appears to be backtracking on just about every other advance we have made, from the racial and gender progress of the 1960s to the most basic principles of the criminal justice system. Below, weā€™ve listed the top 10 civil liberties nightmares of 2014 in no particular order. Hereā€™s hoping this list is harder to put together next year.

10. The Supreme Court adds more sectarian religion to our lives.

InĀ Town of Greece v. Galloway, the Supreme Courtā€™s five conservatives ruled that legislative sessions in town council meetings can open with explicitly sectarian prayers. Almost immediately, town boards beganĀ inviting ChristiansĀ to speak at their meetings while excluding speakers of minority faiths (and, naturally,Ā atheists). In short order theĀ GallowayĀ majorityā€™s gauzy vision of pluralistic civic tolerance began to look a lot more like a governmental endorsement of ChristianityĀ at the expense of minority religions. Increasingly, to the conservatives of the Roberts court, ā€œreligious libertyā€ means the freedom of religious majorities to push their religious beliefs on the rest of us. Speaking of which ā€¦

9. The Supreme Court invites our corporate bosses to takes away our birth control.

In the courtā€™sĀ Hobby LobbyĀ decision, the same five conservativesĀ ruledĀ that ā€œclosely held corporationsā€ had a religious right to deny female employees certain forms of birth control, if those employers believe the device or method causes abortions. It matters not at all whether the device or method in fact causes abortions. Writing for the court, Justice Samuel Alito downplayed the notion that womenā€™s health and autonomy are ā€œcompelling interests,ā€ leaving female employeesā€™Ā intensely private health care choicesĀ at the mercy of their bosses. Alito reasoned that employees could rely on the governmentā€™s birth control accommodation granted to religious hospitals and colleges ā€”then the court immediately suggestedĀ that the accommodation might be against the law, too.

8. Secrecy and botched executions.

In January the state of Oklahoma executed Michael Lee Wilson using a secret chemical cocktail. Twenty seconds after the injection of the drugsā€”which Oklahoma claimed would ensure a painless deathā€”WilsonĀ said, ā€œI can feel my whole body burning.ā€ Three months later, Oklahoma executed Clayton Lockett with another secret drug cocktail; the procedure turned intoĀ a brutal torture sessionĀ after the drugs left Lockett ā€œwrithing and buckingā€ on the gurney. In July the state of Arizona executed Joseph R. Wood III using a protocol of secret drugs. The procedure took two excruciating hours during which,Ā according to witnesses, Wood gasped and snorted. Arizona officials insisted that Wood hadnā€™t sufferedā€”then added that if heĀ had, he wouldā€™ve deserved it.

We are killing people in America, and we are doing so in a fashion that is ever more brutal, secretive, and flawed. Last week theĀ 325thĀ person to be exonerated by DNA evidenceĀ was cleared of a rape for which he served nearly 31 years. The only thing certain about our current capital punishment system is that hiding its flaws, errors, and biases, doesnā€™t make them go away.

7. The great torture shrug.

In December the Senate Intelligence CommitteeĀ released a declassified summary of aĀ historic and long-awaited comprehensive reportĀ on the use ofĀ torture techniques implemented during the George W. Bush administration, including ā€œrectal feeding,ā€ waterboarding, confinement in small spaces, and shackling in stress positions. In hundreds of partly redacted pages, the report concluded that the CIA ā€œenhanced interrogationā€ practices were ineffective and failed to provide unique or actionable information, and that the CIA systematically misled the White House, Congress, and the public about the torture methods and program for years. The report also revealed that the CIAā€™s tactics went beyond the generous legal terms laid out in Justice Department legal memos. The study, based on examination of more than 6 million internal CIA documents, concluded that the U.S. government engaged in what clearly amounts to torture practices and lied about it.

Nobody will be held to account. Nobody will be prosecuted. And the release of the report led to another shameful round of debates by public intellectuals willing to defend state-sanctioned violence against prisoners because it worked for Jack Bauer.

6. Voting rights.

In 2013 the Supreme Court gutted a key section of the federal Voting Rights Act. As a direct result of that decision, states with a history of suppressing voting rights, which had previously been required to seek ā€œpreclearanceā€ before implementing new voting rules, were freed up to create voting requirements that made it harder for certain groups to vote. In the wake of theĀ Shelby County v. HolderĀ decisionā€”in some cases, just hours laterā€”states raced to impose new rules that would disproportionately burden the elderly, the young, the poor, and minorities. Last November we witnessed the fruits of those efforts: People in Texas were faced with new voting restrictions, as were those in Georgia, Florida, Wisconsin, North Carolina, and others. The Supreme Court batted back some of these new voting restrictions if they were apt to cause chaos just before an election and allowed others to stand. But this wholeĀ raft of effortsĀ to ā€œprotect theĀ integrityĀ of the voteā€ is and has always been nothing more than aĀ fig leaf. Federal appeals court Judge Richard Posner, assessing an array of such laws,Ā called themĀ precisely what they are, ā€œa means of voter suppression, rather than of fraud prevention.ā€

What was the impact of these newest efforts to fiddle with voting rights in the November election? TheĀ preliminary data showĀ that felon disenfranchisement, voter ID laws, and ending same-day registration had some impact on the 2014 elections. This is to be expected. It is, after all, the whole point.

5. Money in elections.

In 2014 the Supreme Court handed down another campaign finance decision,McCutcheon v. FEC, striking down the aggregate limits that Americans may contribute. (The cap had been $123,200, or twice the median family income, to all federal candidates, parties, and PACs combined, not including super PACs.) Once the very, very, very richest among us were liberated to donate as much as they wished, the spending around the 2014 electionsĀ predictably bubbled overĀ withĀ McCutcheonmoney. As theĀ Washington PostĀ reported, ā€œMore than 300 donors have seized the opportunity, writing checks at such a furious pace that they have exceeded the old limit of $123,200 for this election cycle, according to campaign finance data provided by theĀ Center for Responsive Politics.ā€ Election spending in general made all kinds of news in 2014, including on stateĀ judicial races, which have become some of the ugliest, spendiest battlegrounds going. ButĀ McCutcheonĀ isnā€™t important simply because it put some more big money into political races; itā€™s also a signal that the Supreme Court plans to finish what it started withĀ Citizens United v. FECā€”give the wealthy unlimited power in the name of free speechā€”and that there are five votes to do so. Donā€™t worry. Your vote still counts. It just counts a little bit less with every election.

4. The Ferguson protest crackdown.

After Ferguson, Missouri, police officer Darren Wilson killed unarmed 18-year-old Mike Brown in August, residents took to the streets to protest the killing and a long-standing pattern of police mistreatment. They were met with aĀ militarized police forceĀ that used tear gas, sound cannons, smoke grenades, armored vehicles, and assault weapons to shut down the protests. A federal judgeĀ later ruledĀ that the officersā€™ stunningly aggressive tactics violated the protestersā€™ freedom of speech, freedom of assembly, and due process rights. But images of officersĀ illegally arresting journalists, training assault rifles on civilians, and gassing law-abiding demonstrators remain seared into Americansā€™ minds.Ā This is how we are policed when we protest now. Our constitutional rights to speak and assemble donā€™t seem so inviolable when the police can break up rallies with armored cars and assault weapons. But wait, how did the police manage to finance military-grade equipment to quell civil disobedience? Glad you asked ā€¦

3. Civil forfeiture.

One of the shocking lessons of the events in Ferguson was the revelation that its local police department was financing itselfā€”and in this case, its weapons purchasesā€”with money wrested from people under civil forfeiture laws. These laws were developed to squeeze drug lords and mob bosses, but they are now used by thousands of police departments and drug task forces across the country to takeĀ cash and property, often from the poorest Americans,Ā without proving any crime has occurred.Ā TheĀ Washington PostĀ found that police departments have used their massive civil forfeiture slush funds to purchase G.I. Joe toys including ā€œHumvees, automatic weapons, gas grenades, night-vision scopes, and sniper gearā€ as well as ā€œelectronic surveillance equipment, including automated license-plate readers and systems that track cellphones.ā€

Civil forfeiture isnā€™t the only form of harassment facing people in poor communities. Americans wereĀ horrified this summer when they learnedĀ that in 2013, the city of Ferguson, a city of just 21,135 people,Ā issued 32,975 arrest warrantsĀ for nonviolent offenses, most of which were trivial driving violations. The town was charging exorbitant court fines and fees for these nonviolent offenses, then arresting anyone who couldnā€™t pay.Ā NPRĀ producedĀ a brutal seriesĀ this year showing that the poor are being pressed into financing the very system that prosecutes and incarcerates them. Welcome to the return of the debtorsā€™ prison.

2.Ā Abortion clinic closures.

Roe v. WadeĀ is still good law in America. Abortion is still legal. And yet throughout the country, abortion clinics are being shuttered at record rates. According toĀ this report from BloombergĀ last month, the rate of clinic closures is unprecedented. Since 2011, legislative reforms, protests, and a series of onerous and costly new regulations have ensured that more clinics than ever are closing their doors.Ā OneĀ in 10 clinics have shut or stopped providing the procedure since 2011.Ā Four states, Mississippi, North Dakota, South Dakota and Wyoming, have only a single clinic now in operation.

The best test case for whatā€™s happened nationwide unspooled itself in Texas this year. AĀ sweeping packageĀ of abortion regulationsĀ put into effect draconian building codes and requirements that physicians obtain admitting privileges at local hospitals. The law ledĀ 19 facilitiesĀ to stopĀ performing abortions, leaving only 22 in the state. The Supreme CourtĀ ordered TexasĀ to stay some of those requirements pending a full hearing.Ā One federal judgeĀ on the 5thĀ Circuit Court of Appeals, which approved the regulations, said driving hundreds of miles across the state to procure an abortion wasnā€™tĀ thatĀ bad on a flat Texas highway at 75 miles per hour, and assumed that the prospect of perhaps one-sixth of Texas women having their abortion rights burdened did not represent aĀ sufficiently large fractionĀ to be constitutionally fussed about.

1. Grand juries reviewing police misconduct.

2014 has been a terrible year for relations between cops and citizens. A spiral of mistrust has led to a spiral of brutality and violence that exploded with the killings of Michael Brown, Eric Garner, Tamir Rice, Akai Gurley, andĀ John Crawford, among others. ThenĀ Ismaaiyl Brinsley shot and killed two Brooklyn police officers, claiming he was acting in the name of those who had been killed by police. This deplorable, appalling act of alleged retribution sparked a new wave of recriminations and accusations.

One fundamental problem with the criminal justice system that came to light this fall illuminates the reason there is such distrust between police and communities of color: We should not continue to use the grand jury system to hold police to account. One of the lessons of the Brown and Garner grand juries is that while grand juries will famously indict anyone up to and including aĀ ham sandwich, they virtually never do so when a police officer is before them. As theĀ Christian Science MonitorĀ reports, ā€œU.S. police officers kill approximately 1,000 citizens per year in the line of duty. On average, four officers are indicted for causing gun-related deaths on duty every year, according to a study by Bowling Green State University in Ohio. In one sample, grand juries in Harris County, Texas, havenā€™t indicted a police officer in a decade. Grand juries in Dallas looked at 81 possible cases of police criminality between 2008 and 2012, but handed down only one indictment, according to theĀ Houston Chronicle.ā€ There areĀ many reasons for this: Grand jurors tend to trust cops; the prosecutors are in complete control of the proceedings; and prosecutors have every incentive to go easy on the police officers with whom they work. With grand jury proceedings taking place in secret, all of these incentives are compounded and mistrust is exacerbated.

Reforming the way we assess police shootingsĀ in the criminal justice system will not cure the extreme mistrust that now exists in America. But it will be a step toward assuring citizens that the system is not rigged to protect the powerfulā€”which is certainly how it looks in the waning days of 2014.

 

Source:Ā Dahlia LithwickĀ andĀ Mark Joseph Stern

Slate

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