Category Archives: legal issues

Obama’s Choice for the High Court

Elena Kagan— President Obama’s choice for replacing the retiring Justice John Paul Stevens—may not be as controversial a candidate as some previous Supreme Court nominees. But the current Solicitor General should still expect some tough questions when she comes before the Senate Judicial Committee, including maybe a few pertaining to military recruiting on college campuses.

In announcing the nomination earlier today, Obama described Kagan, 50, as someone “respected and admired not just for her intellect and record of achievement, but also for her temperament, her openness to a broad array of viewpoints, her habit—to borrow a phrase from Justice [John Paul] Stevens—of understanding before disagreeing, her fair-mindedness and skill as a consensus builder.”

Critics, however, are expected to point to Kagan’s lack of judicial experience as a major concern.

Not much is known about Kagan’s positions on issues in the realm of employment law. But it’s quite likely committee members will bring up her decision as dean of the Harvard Law School to bar military recruiters from using its offices. In an e-mail to students and faculty, she called the military’s “Don’t ask, don’t tell” policy “discriminatory” and a “profound wrong.” But in the face of losing federal funding because of the school’s violation of the Solomon Amendment—which allows the government to withhold money from universities that bar military recruiters—Kagan reversed her position on the ban.

No doubt proponents and opponents of her nomination will attempt to spin this incident to their own advantage. But while it’s not likely to make any difference in the eventual outcome—most expect the Kagan nomination to eventually be approved, unless something unforeseen happens—it does, at the very least, provide a hint into how she might approach some of the employment-discrimination issues that find their way to the High Court.

Biometric Brouhaha Boiling On

Sentiments from either side of the proposed biometric national ID card debate are getting more and more heated, as this recent story from the Society for Human Resource Management underscores.

Aside from the politics involved in the idea of including the card in an immigration-reform bill, HR professionals are also “casting a wary eye,” according to the story. The ACLU predicts employers could pay as much as $1.2 billion to issue the cards and workers would have to pay $105 to $139 eachto obtain them. Expanded to the entire U.S. workforce, the program could translate to a cost of $285 billion.

ACLU Legislative Counsel Christopher Calabrese tells SHRM the bureaucracy behind such a program “would involve new government offices across the country, tens of thousands of new federal employees and the construction of huge new information-technology systems.”

Other opponents predict long document-presentation lines, inevitable information errors and bureaucratic red tape. Employers “would have to purchase expensive biometric readers, train HR workers to be immigration agents and endure delays in their workforce,” Calabrese says.

But nothing else could be as fraud-proof and sure to enhance homeland security and reduce the number of illegal immigrants living and working here, card proponents say.

My prediction: This cauldron has a heckuva lot more cooking time ahead.