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LGBT

What’s Next For Kaitlyn Hunt, The Teen Charged With A Felony For Same-Sex Relationship With Classmate

Kaitlyn Hunt (Credit: Indian River County Sheriff's Office)

On Friday night, 18-year-old Kaitlyn Hunt and her family went public with their story: Kaitlyn was charged with a felony stemming from a relationship she had with a 15-year-old girl at her high school. The response in the 48-hours that followed, Kaitlyn’s father Steven Hunt told ThinkProgress in an interview, was “extraordinary.”

Already, nearly 40,000 people have signed a petition calling on the Assistant State Attorney, Brian Workman, to drop the case. On Facebook, more than 13,000 people have joined a group — Free Kate — in support of the family.

Last week, her father said, Workman offered Kaitlyn a plea bargain. She could plead guilty to child abuse, a felony, and spend two years under house arrest. The judge would determine if she would have to register as a sex offender. They were given a deadline of May 24th to accept the offer or face trial.

Kaitlyn’s father suggests his daughters arrest — and the substantial sentence sought by the prosecutor — are motivated by anti-gay bias. He told ThinkProgress that the younger girl’s parents have told teachers at the high school that “their daughter will NOT be gay.”

So what’s next for Kaitlyn?

The family is hoping that public pressure will improve the offer from the State Attorney. Her father said Kaitlyn would be willing to plead to a misdemeanor, but not a felony. If the position of the State Attorney does not change, Kaitlyn and her family are prepared to go to trial.

The family’s attorney, Julia Graves, has assembled a table of experienced defense lawyers that will convene next week to discuss Kaitlyn’s legal options. Meanwhile, Kaitlyn is scheduled to appear in court again on June 20. At that time, if a plea agreement is not reached, the judge could set a date for trial.

Security

VIEWPOINT: Ambassador Chris Stevens Deserved Better Than What Benghazi Became

(Photo: Amb. Chris Stevens, left, in Tripoli, Libya in Aug. 2012, Credit: AP)

I didn’t know Chris Stevens. I admit that the first I’d heard of the U.S. Ambassador to Libya was the morning of Sept. 12, when I woke up and, along with the rest of the country, learned that he and three others had died in an attack on a diplomatic mission in Benghazi. By all accounts, Stevens was well-respected among his peers and adored by his family and friends. I didn’t know Ambassador Stevens, but I do know one thing: he deserved better from his government all in these weeks and months after his death, from the Republican party that chose to place him center ring in an embarrassing circus to the Obama administration that failed in its responsibility to keep him safe.

In retrospect, the original Republican attempt to co-opt his death and turn it into something political, a weapon to use against President Obama’s reelection, is almost to be expected. The Obama administration’s troubling lack of transparency when it comes to national security matters certainly didn’t help debunk the inchoate sense that something was being hidden from the public.

Since the election, however, the furor over Benghazi hasn’t settled into sober examination of just went wrong. Instead, the sniping and bickering has seemed to escalate, keeping the tone surrounding the tragedy somewhere in the range of the level of discourse during the Whitewater scandal. By allowing the conversation to stay firmly on the questions that don’t matter, such as “Who changed the talking points?”, we manage to avoid the questions that do, such as “What do we do to keep this from happening again?”

Republicans in Congress have sought to play up the former for all its worth, resulting in a waxing and waning faux scandal that reemerges to the headlines every few months. In the months after the election, Republican senators threatened to filibuster any number of President Obama’s potential nominees unless they learned “the truth” about what happened. In the process, they and their House colleagues relentlessly attacked U.S. Ambassador to the U.N. Susan Rice for her presentation of what the administration initial knew about the tragedy, calling her “incompetent” and eventually forcing her to remove herself from the running to replace Hillary Clinton as Secretary of State. As the release this week of emails surrounding the drafting of the talking points Rice used revealed, those attacks were misplaced.

The very real role that the House Government Oversight and Reform Committee has in policing the Executive Branch has likewise devolved into a witch-hunt, searching for someone, anyone to burn at the stake, despite learning nothing new in many of them. Four dead Americans, is the repeated refrain from Republican congressmen, without seeming to care how or why they wound up that way or preventing more from reaching a similar fate. To aid their pursuit, the House Republicans have developed their own report on Benghazi, one filled with misleading evidence twisted to reveal a mythical cover-up.

It’s not as though the Republicans have been forced to hunt for legitimate things to criticize the Obama administration for in the wake of Benghazi. The State Department convened what’s known as an Accountability Review Board to examine just went wrong in the lead-up to the attack and how to fix them in the future. The final report from the Board, co-chaired by former Chairman of the Joint Chiefs of Staff Adm. Michael Mullen and former Ambassador Thomas Pickering, revealed real issues with the State Department’s execution of diplomatic security. The unclassified version of the report names twenty-four recommendations for preventing further loss of life at missions in high-risk areas, with the classified version putting forward another five recommendations.

Among the more damning findings of the Board for the Obama administration is that the security posture at Special Mission in Benghazi was “inadequate,” to put it mildly, due both to failures at State to provide the requisite tools needed and funding that was lacking. To prevent future State Department facilities from experiencing the latter, the Board recommended that State “work with Congress to restore the Capital Security Cost Sharing Program at its full capacity,” boosting the program’s funding to about $2.2 billion in fiscal year 2015, “prioritized for construction of new facilities in high risk, high threat areas.” It also suggested working with Congress to use Overseas Contingency Operations funding — the money set aside to pay for the wars in Iraq and Afghanistan — to help meet the needs of high risk, high threat posts.

And it isn’t as if there hasn’t been opportunity for Republicans to work together with Democrats to implement these recommendations. In February, Sen. Patrick Leahy (D-VT) authored a bill that would transfer $1.3 billion in unused funding bookmarked for Iraq to the Department of State to bolster embassy security as the Board suggested. To his credit, Sen. Graham co-sponsored that bill, which passed the Senate by unanimous consent. It still sits in the House of Representatives, however, having not been referred to any committee for deliberation.

March’s continuing resolution to keep the government funded did include a boost in funding for embassy security that brought it back in line with the President’s request. In the face of sequestration’s across the board cuts, however, its uncertain whether embassy security funding will be able to remain at that level. And given that part of the problem that led to that lack of security at the mission in Benghazi was the poor decision making regarding the prioritization of funds, its not clear how sustainable this band-aid really is. Sen. Robert Menendez (D-NJ) on Thursday introduced the Embassy Security and Personnel Protection Act to more permanently enact the increase in funding to the Capital Security Cost-Sharing Program the Board suggested. No Republicans have thus far chosen to serve as co-sponsors of the bill.

A search of the Library of Congress’ repository of legislation also reveals that of the most vocal critics of the administration in the House, only House Foreign Affairs Chairman Ed Royce has cosponsored a bill related to diplomatic security. None have introduced their own legislation related to this topic, and neither House Oversight Committee Chairman Darrell Issa nor Rep. Jason Chaffetz (R-UT) have signed on to support the only Republican-drafted bills that seek to improve the way the State Department handles personnel failures discovered in the course of internal reviews and procures contractors to aid in providing security to its facilities. Instead, Chaffetz in November once proudly declared on Fox News that he had in fact voted to cut funding for embassy security.
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Immigration

1,200 Harvard Students Demand Investigation Into Jason Richwine’s Thesis On Hispanic IQ

Jason Richwine. (Credit: The Heritage Foundation.)

Over 1,000 Harvard students want to know how and why Harvard University’s JFK School approved a 2009 doctoral thesis arguing that Hispanics have lower IQs. The thesis was written by Jason Richwine, a co-author of a paper by the conservative Heritage Foundation that argued immigration reform would cost taxpayers $6.3 trillion. The discovery of Richwine’s paper by the Washington Post sparked a firestorm around the Heritage study, and several days later Richwine resigned from the think tank.

Harvard students delivered a petition last week demanding an investigation into how a thesis built on those views and assumptions was able to make it through the approval process in the first place. “Academic freedom and a reasoned debate are essential to our academic community,’’ the petition read. “However, the Harvard Kennedy School cannot ethically stand behind academic work advocating a national policy of exclusion and advancing an agenda of discrimination.” As of last Wednesday, May 15 the students had collected 1,200 signatures.

Several days ago, 24 student groups at Harvard wrote a letter condeming the university’s approval of Richwine’s dissertation, saying it “debases” all their degrees.

Richwine himself hit back at the students on Friday, suggesting their demands were an attack on free speech and academic inquiry. David Ellwood, the dean of the Kennedy School, defended the committee that accepted Richwine’s thesis as “highly respected and discerning.” George Borjas, one of the members of that committee, characterized Richwine’s work as “sound.” Borjas himself previously lent his pen to arguments against immigration on economic grounds.

Meanwhile, recently completed research failed to find an identifiable racial gap in IQ, and the entire assumption that race is a stable and reliable biological category suffers from its own problems. Even using IQ as a measure of intelligence often fails to acknowledge that what we mean by “intelligence” is itself dependent on historical and social context, and buffeted by a wide array of structural forces.

Update

This post has been edited for clarity.

Climate Progress

Minnesota State Rep Calls Climate Change ‘Complete United Nations Fraud And Lie’

Rep. Glenn Gruenhagen

On Wednesday night, Minnesota State Representative Glenn Gruenhagen (R-Glencoe) took to the House floor to talk about climate change and renewable energy.

Using sources such as the Conservative Political Action Conference (CPAC), Gruenhagen told his colleagues that climate change is a “complete United Nations fraud and lie…. The latest facts from CPAC show that in the last sixteen years there’s been no global warming.”

While it is common practice among climate skeptics to claim that the Earth is no longer warming, the fact is global temperatures are rising. 2010 was the hottest year on record and every year of the 2000s was warmer than 1990s average. Over 30 million people were displaced by climate-related extreme weather events in 2012, and it is increasingly likely millions more will be displaced in the near future.

Watch the speech here, courtesy of theuptake.org:

Gruenhagen made his speech the same day a new survey of over 12,000 peer-reviewed climate science papers found a 97 percent consensus that global warming is happening and humans are the cause and just a few days after it was reported that atmospheric C02 levels reached 400 parts per million (ppm) for the first time in human existence

Indeed, Minnesota residents are feeling the very real impacts of climate change. The MinnPost reports that three 1,000 year floods have occurred in the state in the last eight years as a result of shifts in rainfall patterns. Extreme drought is occurring not just in Minnesota but almost every state, and climate change is having cumulative stress on the Great Lakes. Rising levels of water vapor in the warming atmosphere are spiking heat indexes and associated health warnings.
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Matt Kasper is the Special Assistant for Energy Policy at the Center for American Progress.

Politics

Virginia GOP Nominee Believes Gays Are ‘Very Sick’ And Democrats Are Worse Than The KKK

(Credit: Associated Press)

The Virginia Republican Party this weekend nominated for lieutenant governor a minister who has a history of virulent anti-gay statements, accuses the Democratic Party of enslaving African Americans, and criticized President Obama for having “Muslim sensibilities.” The former Senate candidate, who in 2012 garnered less than 5 percent of the vote in the Republican primary, bested six other candidates during the Virginia GOP convention, and will join conservative Virginia Attorney General Ken Cuccinelli on the Republican ticket. He is the first black candidate the state party has endorsed since 1988.

Here are some of the most alarming facts you need to know about E.W. Jackson:

Politics

Rand Paul Struggles To Tie Obama To IRS Scandal

Sen. Rand Paul (R-KY) went on CNN’s State of the Union on Sunday to use the IRS scandal to attack the Obama administraiton, but flubbed a key part of his case: he couldn’t defend the claim that IRS was targeting conservative groups as part of a political strategy to help the White House.

Paul, like most Republicans, has been spinning the scandal as an Obama Administration attack on dissenters. “What the IRS did is how the KGB used to target dissidents,” he wrote in a CNN op-ed. “It is how they deal with troublemakers in China.”

Some have argued the extra IRS scrutiny was part of a failed attempt to implement election law, as opposed to a political crackdown. Host Candy Crowley asked Paul why this interpretation was wrong. He couldn’t give her a reason:

CROWLEY: We do know this one place processes 70,000 applications. Can you see in your mind’s eye a way this might not have been political, that this was a misguided stupid way to sort but that they didn’t intend it to be some kind of political attempt to harass the Tea Party?

PAUL: I would think if there’s any chance that this was a mistake, the Investigator General wouldn’t be coming out and saying otherwise, and the IRS themselves wouldn’t be saying –

CROWLEY: They say it’s a mistake. I think the question is whether it’s political.

PAUL: Well, I think we’re going to have to see the memorandum. Apparently there is a policy, and I think we’re going to find there’s a written policy that says we were targeting people who were opposed to the President. And when that comes forward, we need to know who wrote the policy and who approved the policy…now there’s rumors who wrote the policy is the person running Obamacare, which doesn’t give us a lot of confidence about Obamacare.

CROWLEY: Senator, I have to run. I’m way over on this, but I have to just go back to something you said. Are you telling me you think there’s a memo somewhere in which someone said in the memo we’re targeting people going after the president? Is that what I heard you say?

PAUL: Well, we keep hearing the reports and we have several specifically worded items saying who was being targeted. In fact, one of the bullet points says those who are critical of the President. So I don’t know if that comes from a policy, but that’s what’s being reported in the press.

It’s unclear what Paul’s source for that last claim is, but the Investigator General’s report Paul references found no evidence that conservative groups were targeted as part of a political strategy to weaken the president’s political opponents. The report blamed independent IRS management for allowing the practice to go on in the lower-level Cincinnati office.

Republicans, by contrast, have tended to portray this as part of a concerted Obama Administration strategy to attack conservatives. They have also used the controversy to attack Obamacare.

Security

Mitch McConnell Backs Away From GOP Claims Of A Benghazi Cover Up

On Sunday, during an appearance on Meet The Press, Sen. Mitch McConnell (R-KY) — the GOP leader in the senate — distanced himself from Republican efforts to portray the Obama administration’s response to the attacks on a U.S. diplomatic issue in Benghazi, Libya as a Watergate-level scandal that should result in impeachment. McConnell’s comments come just days after the White House released 100 pages of emails undermining GOP claims that administration officials doctored the public talking points U.N. Ambassador Susan Rice used to discuss the incident on the Sunday morning talk shows.

“You’re talking about others who may have said various things about this, let me tell you what I think about it. It’s clear there was inadequate security out there and it’s very clear that it was inconvenient within six weeks of the election, for the administration to in effect announce, that it was a terrorist attack,” McConnell said. “I think that’s worth examining, it is going to be examined.”

But asked repeatedly if Republicans should tone down their attacks against the administration, McConnell demurred, saying only that Obama should allow for an investigation. He also couldn’t identify specific evidence of an administration cover-up:

DAVID GREGORY (HOST): But you have specific evidence that they made up a tale, or was it based on information they had at the time?

MCCONNELL: Well, the talking points clearly were not accurate. I think getting to the bottom of this is an important investigation.

Watch it:

E-mails between the White House, CIA, State Department, Justice Department, and the FBI show that Rice’s remarks reflect the early view of the intelligence community and were produced with few changes from the White House. On Thursday, CBS’ Major Garrett reported that Republican sources misquoted or significantly embellished the emails officials used to draft Rice’s remarks in order to implicate the administration in a conspiracy to mislead the public about Benghazi.

Sen. James Inhofe (R-OK) and Rep. Jason Chaffetz (R-UT) have both argued that Obama could be impeached for his handling of the attacks in Benghazi.

Update

During an appearance on Fox News Sunday, Rep. Paul Ryan (R-WI) also admitted that he did not know if the Obama administration engaged in a “cover-up” of the Benghazi attacks.

Politics

White House Pushes Back At Fox News’ Effort To Politicize IRS Scandal

On this week’s Fox News Sunday, host Chris Wallace pressured White House Senior Advisor Dan Pfeiffer about why the Obama administration didn’t act sooner to address the IRS’s inappropriate targeting of conservative groups applying for 501(c)(4) tax status, arguing that Treasury officials and administration officials were aware of an ongoing investigation.

Pfeiffer argued that it would have been “wholly inappropriate” for anyone in the White House to interfere with an ongoing investigation and claimed that the administration was never aware of the specifics of the probe. Treasury Deputy Secretary Neal Wolin was informed about the matter last year and the White House counsel’s Office learned of the examination in late April, before the results were available.

“[House Oversight Committee Chairman Darrell] Issa was also told topline things,” Pfeiffer reminded Wallace. “Here’s the cardinal rule when you deal with situations like this: you never interfere with an independent investigation, you never give the appearance of interfering with an independent investigation.”

“Issa said he didn’t talk about it publicly — when you’re dealing with a nonpartisan agency like the IRS, you wait until you have the actual facts before you go out and make assertions,” he said.

Indeed, during an interview with Bloomberg earlier this week, Issa admitted, “I knew what was approximately in it when we made the allegations about a year ago.”

Justice

Illinois Passes Medical Marijuana Bill

The Illinois legislature sent a medical marijuana bill to Gov. Pat Quinn Friday, after the Senate passed a measure 35-21 largely along party lines. The measure would permit marijuana use with a doctor’s prescription for 33 specified ailments, require users, growers, and dispensaries to undergo fingerprinting and criminal background checks, and limit the number of growers and dispensaries.

The news comes as several new studies are released suggesting that marijuana may aid in post-traumatic stress disorder, Crohn’s disease, diabetes, and as a possible weight control remedy. All of these studies, however, were either performed in other countries or based on surveys or self-reporting from marijuana users, because federal agencies have blocked access to a legal supply of marijuana even for academic studies.

Earlier this month, Gov. Martin O’Malley (D) signed Maryland’s much more limited marijuana law, which provides narrow access to medical marijuana for research purposes. If the bill is signed into law, Illinois would become the 20th state with a medical marijuana law, in addition to the District of Columbia. Gov. Quinn has said he is “open-minded” about the measure.

Alyssa

‘Star Trek Into Darkness’ Is A Boring Blockbuster, And An Okay Discussion of Extrajudicial Killing

This post discusses plot points from Star Trek Into Darkness in some detail.

Starships and Klingons and tribbles, oh my! I’d expected that Star Trek Into Darkness, J.J. Abrams’ follow-up to his 2009 alternate-timeline reboot of the venerable franchise, with returning writers Alex Kurtzman and Roberto Orci, could have been any one of a number of things: a confident coming-of-age for Captain Kirk (Chris Pine), a return to the tradition of space exploration that defined the original show and movies, with some unintended consequences thrown in to accomodate the tastes of modern action audiences, and even continuation of the sci-fi screwball romance between Spock (Zachary Quinto) and Uhura (Zoe Saldana). What I didn’t anticipate is that as a blockbuster, Star Trek Into Darkness would be impressively generic, but that in a summer when drone strikes and extrajudicial killings appear to have been on many screenwriters and directors minds’, it would do one of the clearest (if not deep) jobs of outlining the debates over the American drone program for a mass audience.

When we meet up with the crew of the U.S.S. Enterprise again, they’re on a planet inhabited by a primitive species that’s about to be destroyed by a volcano. Spock, in a potential violation of the mission directive to explore the world, uses cold fusion to stop the explosion, but not without endangering his own life in a way that prompts Kirk to come to his rescue by means that blow the Prime Directive not to speed up that species’ technological development quite literally out of the water, or without hurting Uhura, now firmly established as Spock’s girlfriend. Their actions, and Kirk’s filing of a fudged report of them while Spock tells the truth, get Kirk demoted to First Officer under Christopher Pike, who returns to command of the Enterprise, and Spock reassigned to the U.S.S. Bradbury. But their split it short-lived after a man identified as Starfleet officer John Harrison induces a fellow member of Starfleet to bomb what appears to be an archive, an attack that turns out to be a trap to lure Starfleet’s top commanders to a single for a strategy session. When Harrison attacks that session from the air, killing Pike and other high-ranking Starfleet commanders, Admiral Marcus (Peter Weller) gives Kirk back his ship and permission to go after Harrison, who turns out to be rather more than he seems.

The details of what how they do so are remarkably noisy and remarkably forgettable. But the nature of Marcus’s commission to Kirk and company provokes the movie’s strongest throughline and most clearly-developed ideas. The question in Star Trek Into Darkness is whether or not Kirk should follow strategic detail of Marcus’s orders to, using new and advanced torpedoes, “park on the edge of Klingon space, you fire, you take him out, and you haul ass,” or comply with Starfleet rules and make sure that Harrison receives a fair trial back on earth. That Star Trek Into Darkness presents that choice at all, outlining the debate in very similar terms to the arguments about the use of drone strikes to carry out extrajudicial killings of accused terrorists outside of the United States, differentiates it from the other pop culture explorations the subject, which has become a strikingly common feature of movies and television this year, including Iron Man 3 and Fox procedural Bones.
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Immigration

Immigration Reform Provides Economic Benefits For States Represented By Anti-Immigrant Lawmakers

(Credit: AP)

A new study released by the Center for American Progress contends that a pathway to legalization and citizenship will bring vast economic benefits to states. The study by Robert Lynch and Patrick Oakford highlights the importance of a legalization pathway that would positively affect economic gains for the 24 states in which 88 percent of undocumented immigrants reside.

Once they attain legal status, immigrants will be able to contribute to the increased consumption of goods and services that boosts business sales and raises the earnings of all Americans. They will pay taxes on their higher wages and increase the gross state product (GSP). Additionally, immigrants will be able to use their new legal status by integrating their skill set and education into creating jobs and raising productivity.

Opponents of a pathway to citizenship have offered numerous “poison pill” amendments that could undermine reform and jeopardize passage of the bipartisan bill making its way through the senate. The House of Representatives has a number of lawmakers working against it, as well. Here are several of the states that would benefit from legalization, which are represented by vocal opponents or Republican leaders:

Arizona: Gov. Jan Brewer

– Undocumented immigrant population: 400,000
– Cumulative increase in GSP: $23,100,000,000
– Cumulative increase in earnings of all state residents: $15,300,000,000
– Average number of jobs created annually: 3,400

Pennsylvania: Rep. Lou Barletta

– Undocumented immigrant population: 160,000
– Cumulative increase in GSP: $14,800,000,000
– Cumulative increase in earnings of all state residents: $9,300,000,000
– Average number of jobs created annually: 2,100

Texas: Sens. John Cornyn, Ted Cruz

– Undocumented immigrant population: 1,600,000
– Cumulative increase in GSP: $144,600,000,000
– Cumulative increase in earnings of all state residents: $74,700,000,000
– Average number of jobs created annually: 21,000

Utah: Sen. Mike Lee

– Undocumented immigrant population: 110,000
– Cumulative increase in GSP: $8,600,000,000
– Cumulative increase in earnings of all state residents: $4,600,000,000
– Average number of jobs created annually: 1,200

Nationally, immigration reform will generate $832 billion in GDP, create 121,000 new jobs, and increase the personal income of all Americans by $470 billion, the report finds. Americans stand to gain more from immigration reform since immigrants could pay upwards of $184 million in tax revenue.

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Justice

Federal Appeals Court: Drug Sentencing Disparity Is Intentional Racial ‘Subjugation’

Since Congress recognized the gaping racial disparity between mandatory minimum sentences for crack offenses and cocaine offenses and reduced the ratio from 100-to-1 to 18-to-1, courts have grappled with when and how to apply the statute to already-decided cases. Last year, the U.S. Supreme Court ruled that the reductions in the Fair Sentencing Act applied to at least those cases decided before the law was passed, but not yet sentenced. But questions remain about whether the statute applies retroactively to tens of thousands of other inmates who might seek reduced sentences.

On Friday, a federal appeals court panel issued a sweeping decision that held the reduced sentencing ratio should apply retroactively to all cases, not just because that was the intent of the 2010 Fair Sentencing Act, but because failure to do so would be unconstitutional. In a powerful statement about the troubling history of drug sentencing, Sixth Circuit Judges Gilbert Merritt and Boyce Martin write:

The old 100-to-1 crack cocaine ratio has led to the mass incarceration of thousands of nonviolent prisoners under a law widely acknowledged as racially discriminatory. There were approximately 30,000 federal prisoners (about 15 percent of all federal prisoners) serving crack cocaine sentences in 2011. Thousands of these prisoners are incarcerated for life or for 20, 10, or 5 years under mandatory minimum crack cocaine sentences imposed prior to the passage of the Fair Sentencing Act. More than 80 percent of federal prisoners serving crack cocaine sentences are black. In fiscal year 2010, before the passage of the Fair Sentencing Act, almost 4,000 defendants, mainly black, received mandatory minimum sentences for crack cocaine. […]

The Fair Sentencing Act was a step forward, but it did not finish the job. The racial discrimination continues by virtue of a web of statutes, sentencing guidelines, and court cases that maintain the harsh provisions for those defendants sentenced before the Fair Sentencing Act. If we continue now with a construction of the statute that perpetuates the discrimination, there is no longer any defense that the discrimination is unintentional. The discriminatory nature of the old sentencing regime is so obvious that it cannot seriously be argued that race does not play a role in the failure to retroactively apply the Fair Sentencing Act. A “disparate impact” case now becomes an intentional subjugation or discriminatory purpose case. Like slavery and Jim Crow laws, the intentional maintenance of discriminatory sentences is a denial of equal protection.

The two-judge majority opinion also suggests the court would be inclined to strike down other deeply discriminatory and draconian sentencing laws for nonviolent drug offenders, which even the Congressional Research Service has flagged as a cause of the United States’ overwhelming prison population. Unfortunately, the dissenting Judge Ronald Lee Gilman’s opinion may better reflect the view of either a full Sixth Circuit panel or the Supreme Court justices who would review this case on appeal. Gilman puts the onus on Congress to make its law explicitly retroactive, and points to the failure of pre-Fair Sentencing Act constitutional challenges to the crack-cocaine sentencing disparity.

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