Category Archives: Legal

Another Black Man Gunned Down

Look, this is a problem in our society. For some reason (and we can argue the reason), black men are getting killed by police. I’m a trauma surgeon. I work for the police all the time. The folks with whom I work are very professional and seem to want to do the right thing all the time. There are, somehow, these folks in the police force that are, for a lack of a better word, cowboys.

Officer Michael Slager had several days to tell his story. Here’s what he was saying through his lawyer on Monday –

Slager thinks he properly followed all procedures and policies before resorting to deadly force, lawyer David Aylor said in a statement.

“When confronted, Officer Slager reached for his Taser — as trained by the department — and then a struggle ensued,” Aylor said. “The driver tried to overpower Officer Slager in an effort to take his Taser.”

Seconds later, the report added, he radioed that the suspect wrested control of the device. Even with the Taser’s prongs deployed, the device can still be used as a stun gun to temporarily incapacitate someone.

Slager “felt threatened and reached for his department-issued firearm and fired his weapon,” his attorney added.

So, then the video comes out. He gets fired from the police force and indicted for murder. We need to fix this but we will only fix this problem when we stop the craziness and decide that shooting Americans is NOT acceptable.

Walter Scott was shot and killed by someone who was supposed to guard and protect us.

From Charles Blow:

This case has also refocused attention on the power of video evidence and is likely to redouble calls for the universal implementation of police body cameras (the video in this case came from a witness). What would have happened if video of this incident had not surfaced? Would the officer’s version of events have stood? How many such cases must there be where there is no video?

But I would argue that the issue we are facing in these cases is not one of equipment, or even policy, but culture.

I would submit that cameras would have an impact on policy and culture, but that a change in culture must be bigger than both. It must start with “good cops” no longer countenancing the behavior of “bad cops.” It will start with those good cops publicly and vociferously chastising and condemning their brethren when they are wrong. Their silence has never been — and is certainly no longer — suitable. We must hear from them, not necessarily from the rank-and-file but from those higher up the ladder.

The New Mississippi

Judge Carlton W. Reeves

I must admit that when I hear the word – Mississippi – I don’t think of anything modern. I think of racism and Jim Crow. Judge Carlton W. Reeves (US District Court Judge in Mississippi) deeply believes in the New Mississippi, a place where the rule of law prevails. Before sentencing three white men for the racially motivated killing of James Craig Anderson, Judge Reeves spoke passionately about moving from the “old” to the “new”.

From NPR:

One of my former history professors, Dennis Mitchell, recently released a history book entitled, A New History of Mississippi. “Mississippi,” he says, “is a place and a state of mind. The name evokes strong reactions from those who live here and from those who do not, but who think they know something about its people and their past.” Because of its past, as described by Anthony Walton in his book, Mississippi: An American Journey, Mississippi “can be considered one of the most prominent scars on the map” of these United States. Walton goes on to explain that “there is something different about Mississippi; something almost unspeakably primal and vicious; something savage unleashed there that has yet to come to rest.” To prove his point, he notes that, “[o]f the 40 martyrs whose names are inscribed in the national Civil Rights Memorial in Montgomery, AL, 19 were killed in Mississippi.” “How was it,” Walton asks, “that half who died did so in one state?” — my Mississippi, your Mississippi and our Mississippi.

Mississippi has expressed its savagery in a number of ways throughout its history — slavery being the cruelest example, but a close second being Mississippi’s infatuation with lynchings. Lynchings were prevalent, prominent and participatory. A lynching was a public ritual — even carnival-like — within many states in our great nation. While other states engaged in these atrocities, those in the Deep South took a leadership role, especially that scar on the map of America — those 82 counties between the Tennessee line and the Gulf of Mexico and bordered by Louisiana, Arkansas and Alabama.

Vivid accounts of brutal and terrifying lynchings in Mississippi are chronicled in various sources: Ralph Ginzburg’s 100 Years of Lynching and Without Sanctuary: Lynching Photography in America, just to name two. But I note that today, the Equal Justice Initiative released Lynching in America: Confronting the Legacy of Racial Terror; apparently, it too is a must-read.

In Without Sanctuary, historian Leon Litwack writes that between 1882 and 1968 an estimated 4,742 blacks met their deaths at the hands of lynch mobs. The impact this campaign of terror had on black families is impossible to explain so many years later. That number contrasts with the 1,401 prisoners who have been executed legally in the United States since 1976. In modern terms, that number represents more than those killed in Operation Iraqi Freedom and more than twice the number of American casualties in Operation Enduring Freedom — the Afghanistan conflict. Turning to home, this number also represents 1,700 more than who were killed on Sept. 11. Those who died at the hands of mobs, Litwack notes, some were the victims of “legal” lynchings — having been accused of a crime, subjected to a “speedy” trial and even speedier execution. Some were victims of private white violence and some were merely the victims of “nigger hunts” — murdered by a variety of means in isolated rural sections and dumped into rivers and creeks. “Back in those days,” according to black Mississippians describing the violence of the 1930s, “to kill a Negro wasn’t nothing. It was like killing a chicken or killing a snake. The whites would say, ‘niggers jest supposed to die, ain’t no damn good anyway — so jest go an’ kill ’em.’ … They had to have a license to kill anything but a nigger. We was always in season.” Said one white Mississippian, “A white man ain’t a-going to be able to live in this country if we let niggers start getting biggity.” And, even when lynchings had decreased in and around Oxford, one white resident told a visitor of the reaffirming quality of lynchings: “It’s about time to have another [one],” he explained, “[w]hen the niggers get so that they are afraid of being lynched, it is time to put the fear in them.” (more…)

ObamaCare – Yes and No

Health care reform

It is kind of crazy that two separate courts made two opposite rulings on ObamaCare. Both courts were looking at the same thing – are subsidies for ObamaCare legal?

From Abbe Gluck

As Marty notes, the opinion is out. Initial quick reaction, more to come:  The opinion is terribly disappointing from a statutory interpretation perspective. It relies in part on irrelevant legislative history (from the HELP committee, whose bill wasn’t even the basis for these provisions–the Finance committee’s was) and gets it wrong anyway (as I argued here);  it bends over backwards to come up with reasons why Congress might have intended this result (which we all know it certainly did not); and it attaches far too much significance to a line in the statute that expressly deems exchanges in the territories to be state exchanges and does not replicate the special deeming language for the federal exchanges.  The territories language is boilerplate language used by Congress when talking about territories in statutes even beyond the ACA, and should have been attached no significance here. What’s more, applying the exclusio unius presumption  (that when Congress specifies X we can assume that it meant not to specify X elsewhere) to a statute as long and complicated as the ACA — and one that did not go through the usual linguistic “clean up” process in Conference (as I wrote here) does a disservice to textualism and all those who have defended it over the years–turning it into a wooden unreasonable formalism  rather than the sophisticated statutory analysis that textualists have been claiming they are all about.

Who is Abbe Gluck? Continue reading ObamaCare – Yes and No