IOWA CITY, Iowa - The death of the U.S. Supreme Court's most consistent conservative voice for 30 years, Justice Antonin Scalia, leaves a crucial vacancy on the court.
Iowa Senator Charles Grassley chairs the Senate Judiciary Committee, where hearings on any nominee would be held.
Republicans, who hold the majority in the Senate, say the seat should remain open for the next president to make the key appointment, but President Obama says he'll nominate a new justice and expects no delay in ratifying the choice.
University of Iowa law professor Todd Pettys says there may be legal justification for the Republicans' stall tactics.
"The Constitution doesn't say anything directly about what the Senate's obligation is to respond promptly," says Pettys. "It doesn't say anything that clearly forbids the Senate from just refusing to act on a president's nomination. And they're free to take politics into account."
He says typically, when the president and Senate majority are from the same political party, the confirmation process can take as little as three or four months. Even when the fight is contentious, as was the case when President Reagan nominated Judge Robert Bork in 1987, a new justice is typically seated in less than a year.
Pettys says fights over Supreme Court appointments are relatively recent, dating back only 50 years. Should the GOP not confirm a new justice until next year, he says many close cases won't be decided for some time.
"We're looking at the prospect of something very rare here, because if the Republicans refuse to process President Obama's nominee, it's going to be beyond this time next year before we have that seat filled," says Pettys. "We're talking about possibly a year-and-a-half of work on the court that is affected, in high-profile, closely-divided cases."
He says several pending cases may end up with tie votes, in which case the lower-court decisions remain in effect. He also predicts that a prolonged delay in selecting a new justice could mean fewer appeals in close cases, as litigants won't want to spend the time and resources, only to have the court fail to render a decision.
Pettys thinks Scalia will go down in history as one of the most influential justices of all time.
"Whether someone agrees with him or disagrees with him, you have to see that he has been just highly, highly influential," Pettys says. "He has changed the way the court thinks about many issues. He has changed the way the court thinks about the methodologies that it uses for deciding different cases."
Iowa Gov. Terry Branstad has ordered flags on public buildings in Iowa to be flown at half-staff from sunrise to sunset today in Scalia's honor.
get more stories like this via email
Mississippi prisons often lack resources to treat people who are incarcerated with substance-use disorders adequately but a nonprofit organization is offering alternative programs focused on treatment instead of incarceration.
The Magnolia State has one of the highest incarceration rates in the nation, with more than 1,000 people per 100,000 residents behind bars.
Christina Dent, founder and president of End It For Good, said they invite people to support approaches to drugs prioritizing life, preserving families and promoting public safety.
"We do education out in the community - with citizens, with advocates, with policymakers - to help them understand why a punitive criminal justice approach to drugs and addiction has not produced good results and why a health-centered approach would produce much better results," Dent explained.
It is estimated more than 578,000 people in state and federal prisons in 2022 had a substance-use disorder in the year prior to their admission, according to the Prison Policy Initiative.
Dent emphasized they recommend lawmakers look at other alternatives to stop reactionary approaches resulting in Mississippians paying harsher penalties for crimes such as drug possession.
"Shift away from increasing penalties," Dent urged. "Another thing that we could do would be to reduce penalties or recategorize penalties for something like drug possession. We would love to see a shift from treating drug possession as potentially a felony to drug possession being a misdemeanor. "
Dent noted such an alternative approach would allow individuals impacted to more easily regain employment, support their families and reintegrate into society. She added felony convictions create lifelong barriers to employment and self-sufficiency.
get more stories like this via email
April is Second Chance Month and many Nebraskans are celebrating passage of a bipartisan voting rights restoration bill and its focus on second chances.
Legislative Bill 20 restores voting rights to those convicted of a felony upon completion of their sentence, eliminating the two-year waiting period.
Jason Witmer, policy fellow at the ACLU of Nebraska, said the change will promote success for formerly incarcerated Nebraskans. He pointed out it also will increase the likelihood of the state meeting the objectives Gov. Jim Pillen and the Department of Corrections have committed to.
Nebraska became the fourth state to join "Reentry 2030," a national initiative of the Council of State Governments focused on strengthening programs and removing obstacles for those reentering society after incarceration.
"The more somebody can have their rights in place for them, the more invested they are in the society," Witmer contended. "The more invested you are in your community and your society, the more likely you are to succeed. And the right to vote is fundamentally part of reintegrating into society. It's your civil voice."
Reentry 2030 aims to have all 50 states commit to improving outcomes for formerly incarcerated people. Nebraska's goals include increasing GED completion and college coursework by those in Nebraska prisons, and reducing recidivism 50% by 2030.
Pillen allowed the measure to become law but stated it contains "potential constitutional issues" which could lead to a legal challenge.
Nebraska's recidivism rate for those who left prison between 2019 and 2022 was nearly 30%.
Witmer noted it is at least partly attributable to the challenges people face upon leaving incarceration.
"You did the time, and then you come out and find out, 'Oh, I can't vote. Oh, housing is almost impossible to get. Oh, I can't work here,'" Witmer outlined. "Suddenly you don't feel like you're a part of any of this."
Across the country, 37 other states restore voting rights to those charged with a felony either immediately after incarceration or after completing parole or probation. Two states and the District of Columbia allow people to vote while incarcerated.
Disclosure: The ACLU of Nebraska contributes to our fund for reporting on Civil Rights, Criminal Justice, Immigrant Issues, and Social Justice. If you would like to help support news in the public interest,
click here.
get more stories like this via email
A new website aims to help Kentuckians just out of prison re-enter their communities and find job training, employment and recovery services.
April is Second Chance Month - and according to the Prison Policy Initiative, about 60% of formerly incarcerated individuals are jobless.
Gov. Andy Beshear said the website - secondchance.ky.gov - is meant to cut bureaucracy around job searching, and tie resources together in one spot to make it easier for people to get back on their feet.
"We are not our worst day," said Beshear. "When we look at how many people have a criminal record in Kentucky, this is the right thing to do. But it's also necessary from a workforce standpoint."
In 2021, lawmakers passed legislation that tasked the Kentucky Department of Corrections with issuing certificates of employability to people who successfully complete programs while incarcerated.
It also helps increase access to state-issued IDs for those leaving prison.
The website includes information on resume help, job searches and local reentry services.
Beshear said eventually, the site will contain a comprehensive list of employers - such as Kentucky State Parks, which is a participant in second chance employment.
"If they need to find resources on how to get that next level of education or workforce training," said Beshear, "and then ultimately be able to see a list of employers that are willing to look at them for second chance employment."
Businesses in the Commonwealth can also find information about programs that can aid in hiring and retaining more second-chance employees - including the Fair Chance Academy, Kentucky Transformational Employment program, Prison-to-Work Pipeline, and Jobs on Day One programs.
get more stories like this via email