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The Hill
5 hours ago
- Politics
- The Hill
For universities, Trump's punishments far exceed the alleged crimes
The adage 'let the punishment fit the crime,' articulated by the Roman philosopher Cicero some 2,060 years ago, reflects a principle fundamental to every modern legal system. The notion of reciprocal justice — 'an eye for an eye' and not 'two eyes for an eye' — also appears in the Code of Hammurabi and the Book of Exodus. The Magna Carta in 1215 mandated that an offender should be fined 'only in proportion to the degree of his offence,' a concept later reflected in the English Bill of Rights, the Common Law tradition and the U.S. Constitution. The Supreme Court has recognized the importance of proportionality to the rule of law, often framing it in terms of balancing tests or 'levels of scrutiny.' Perhaps more important, proportionality is central to Americans' sense of fundamental fairness, from the playground to the courtroom. In the Trump administration, however, scorched earth warfare has replaced the idea that punishment should fit the crime. Accusing Harvard University of tolerating antisemitism, the administration has frozen or terminated billions in research funding, launched at least eight intrusive investigations, threatened to revoke the university's tax-exempt status and terminated its ability to enroll international students. While inflicting enormous damage, these sanctions are not tied to any discernible gain. Harvard has sued the government, and its legal case is strong. A judge recently issued a temporary restraining order securing its right to enroll international students. But even if Harvard prevails in the courts, the cost will be exorbitant. And Harvard is just one of many universities under attack. People of good will can differ about whether Harvard and its peer universities have met their legal obligations to Jewish students. But, by any standard, the Trump administration's response has been grotesquely disproportionate. Proportionality analysis in law takes different forms. Common elements intended to constrain excessive government actions include such phrases as 'legitimate goal' — as in, government sanctions should be designed to further a legitimate goal, with a rational connection between the sanction and that goal. Another is 'necessity,' meaning sanctions should be necessary to achieve the goal and the least restrictive means available. A third is 'undue burden,' meaning that penalties should be commensurate with the moral culpability of the person or institution sanctioned and should not cause society more harm than good. These principles are reflected in Title VI of the 1964 Civil Rights Act, the main anti-discrimination statute the government is relying on to justify its attacks on higher education. Title VI contains multiple procedural safeguards 'designed to spur agencies into seeking consensual resolutions with recipients.' The Department of Education's Office of Civil Rights, which oversees most Title VI cases, may only seek to terminate federal funding as 'a last resort, to be used only if all else fails,' because 'cutoffs of Federal funds would defeat important objectives of Federal legislation, without commensurate gains in eliminating' discrimination. As Supreme Court Justice Byron White once explained, 'to ensure that this intent would be respected, Congress included an explicit provision … that requires that any administrative enforcement action be 'consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken.''' And as the Justice Department's guidelines for the enforcement of Title VI make clear, 'in each case, the objective should be to secure prompt and full compliance so that needed Federal assistance may commence or continue.' In the early years of Title VI, the Office of Civil Rights did ultimately terminate federal funding for Southern schools that refused to desegregate. But as Sen. Hubert Humphrey, the lead author of the 1964 Civil Rights Act, observed, 'it is not expected that funds would be cut off so long as reasonable steps were being taken in good faith to end unconstitutional segregation.' During the 30 years before the Trump administration's decision in March to cancel $400 million in grants and contracts to Columbia University — taken without a hearing or any semblance of due process — no college or university was stripped of federal funding under Title VI. The administration's slash-and-burn approach fails every conceivable proportionality test. Combating antisemitism is, of course, a legitimate goal. But even assuming that the administration is not using antisemitism as a pretext to pursue a broader political agenda of undermining critics, democratic institutions and the rule of law, there is no rational connection between terminating research on cancer, artificial intelligence or nanotechnology and ending antisemitism. Nor has the administration even tried to demonstrate how barring Harvard from enrolling all international students, as opposed to students proven to have engaged in antisemitic activity, advances its supposed objectives. If implemented, the Trump administration's sanctions would devastate Harvard's ability to remain one of the world's leading research universities. And the sanctions are hardly the least restrictive means available to address campus antisemitism. Harvard has acknowledged the challenges it faces in ensuring a safe and supportive environment for its Jewish community. And, unlike the Southern schools whose continued resistance to Title VI's antidiscrimination mandate in the 1960s was clear, Harvard had already taken significant steps to combat antisemitism and indicated a willingness to address the government's concerns before officials sent it an extravagant list of demands. (Many of those demands, such as plagiarism reviews for all faculty, bore little or no connection to antisemitism.) Whether Harvard has done enough, quickly enough, is a matter that can be debated. But the administration has certainly not proven that Harvard displayed the 'deliberate indifference' that warrants a finding of institutional responsibility for the harassment of Jewish students under Title VI, much less a degree of culpability to justify the penalties the government continues to pile on. Nor is it possible to conclude that slashing funding for scientific and medical research, banning all international students or revoking Harvard's tax-exempt status do more good than harm. The Trump administration is imposing crushing penalties wholly incommensurate with any fault of the targeted institutions simply because it can — or thinks it can — and because it believes that 'shock and awe' will compel all institutions of higher education and their faculty to fall in line. Abandoning the principle that the punishment must fit the crime would set our democratic standard of justice back to the 'might makes right,' Sticks and Stone Age. Glenn C. Altschuler is the Thomas and Dorothy Litwin Emeritus Professor of American Studies at Cornell University. David Wippman is emeritus president of Hamilton College.
Yahoo
3 days ago
- Business
- Yahoo
With cannabis industry struggling, Western Mass. sellers and growers seek relief from high court
SPRINGFIELD – Plaintiffs growing, selling and delivering legal marijuana in Massachusetts now have two court decisions against them, but aren't giving up. They seek to overturn a federal law they say strangles their business. They were turned back last week by the United States Court of Appeals for the First Circuit. But plaintiffs say their fight against the Richard Nixon-era Controlled Substances Act of 1970 is not over. 'It is fair to assume that we shall seek Supreme Court review,' wrote one of their attorneys, Jonathan D. Schiller of the firm Boies Schiller Flexner. The plaintiffs include Canna Provisions, with stores in Holyoke and Lee; Wiseacre Farms, which grows cannabis in West Stockbridge; Gyasi Sellers, of Springfield, which delivers cannabis; and Verano Holdings Inc. based in Chicago. That company owns Zen Leaf Enfield, at 98 Elm St., in Enfield, Connecticut. The plaintiffs say the 1970 law is an overreach and prevents them from making use of banking services and bankruptcy protection available to most businesses. The U.S. Supreme Court receives 7,000 to 8,000 petitions each term, but hears only about 80 cases. The Boies in the firm's name is that of David Boies, who represented former U.S. Vice President Al Gore during the recount controversy against President George W. Bush in the 2000 presidential election. Boies argued in person when the case came before U.S. District Judge Mark G. Mastroianni in Springfield a year ago. The judge ruled in favor of the U.S. Department of Justice and upheld the Controlled Substances Act. The companies appealed to the First Circuit and a three-judge panel ruled Tuesday, once again in favor of the government. The plaintiffs declined further comment. They sued in 2023, saying that with states legalizing cannabis for recreational use, the 1970 federal law exceeds Congressional power. Making their argument, the companies reached back into history showing that marijuana predates the U.S. Constitution. 'Each of the thirteen original colonies enacted' laws concerning marijuana — 'then known simply as 'hemp'' — some of which 'encouraged (or even required) colonists to grow marijuana,' the suit read. Even the Magna Carta of 1215 created rights concerning hemp cultivation and sometimes even 'made the cultivation of hemp compulsory.' But the appeals judges were unmoved, saying that if left unregulated, the trade in marijuana within states would impact interstate commerce. And Congress has the right to regulate interstate commerce. As a practical matter, federal law makes it harder for marijuana companies to lease farm land for fear of losing federal agricultural supports or to do banking or borrow money. The Massachusetts marijuana industry does $1 billion a year in sales, according to data kept by the Cannabis Control Commission. Commission data says marijuana retails for $125 an ounce these days, down from $416 in 2020. Ryan Dominguez, executive director of the Massachusetts Cannabis Coalition trade association, said 30 Massachusetts cannabis businesses closed in the last year. Regulation is expensive, he said. And every neighboring state except New Hampshire has legalized recreational marijuana. Many of those states have tailored their laws – such as limits on how much customers can buy in one transaction – to compete with Massachusetts. The federal law means none of them can take federal tax deductions, he said. And if they want to go out of business, they can't claim bankruptcy protection. The bankruptcy issue is something the lawsuit could fix if it reaches the Supreme Court, Dominguez said. 'A lot of these people would have to declare personal bankruptcy,' he said. And that means they would lose personal assets in addition to the business. Placing pigeons in the park on purpose in Springfield Cause detailed for February train derailment in Wendell 'Global order has been upset': World Affairs Council gauges tariff war impact on Western Mass Read the original article on MassLive.
Yahoo
3 days ago
- General
- Yahoo
College Baby Names That Will Really Make the Grade
Turning toward institutions of higher learning may not be your first thought when looking for baby name inspo, but why not? Choosing a college is hard — but choosing a college baby name is easy. There are so many good ones: unique, distinguished, with an air of prestige and selectivity and an upper-crust feel. Many college names automatically evoke certain impressions and qualities; when you think of a Harvard grad, for example, do you think of an unmotivated slacker? Probably not. You may want to pay homage to your own college days, and the places and activities (and hard work!) that defined your early adulthood. Maybe your family prides itself on a long lineage of proud university grads. Or maybe no one in your family has gone to college at all, but you're hoping that giving your child a college baby name will inspire them to change things for the next generation. That's not really so farfetched; according to a 2023 article in Psychology Today, '[T]he study of names can provide valuable insights into phenomena ranging from cultural change to stereotypes. Our names may also be cues that shape not only others' perceptions of us but also our personality and (perhaps) our choices about where to live and what to do for a living.' And let's be honest: some college names just sound cool. Wellesley. Duke. Trinity. They're crisp, confident, and packed with personality. Others, like Baylor or Merit, straddle the line between buttoned-up and edgy, giving your baby a name that feels as wearable on a playground as it does in a boardroom. Will naming your child after a prestigious college or university impart a love of learning and a drive to achieve great things academically? Will it serve as a constant reminder of their potential and encourage them to strive for excellence? Who knows — but whether your baby is a future Rhodes Scholar or ends up embarking on a no-college-required career path, they'll have a distinctive name with a dignified vibe. More from SheKnows PSA to Parents: Why Your High School Graduate May Be 'Soiling the Nest' Right Now Best of SheKnows Michelle Obama's Best Mom Quotes — Because We Could All Use a Dose of Her Wisdom These Art Deco Girl Names Embody the Perfect Blend of Modern Elegance & Vintage Glam There's Something So Beautiful About the Bond Between Brothers Trinity College is a prestigious liberal arts college located in Hartford, Connecticut, founded in 1823 and known for its rigorous academics, vibrant campus life, and historic New England charm. As a name, it's drawn from the English word symbolizing the Christian concept of a unified divine nature expressed in three distinct forms — Father, Son, and Holy Spirit — also known as 'The Holy Trinity.' England's Oxford University predates even the Magna Carta — a testament to humanity's thirst for knowledge. Its origins can be traced back as far as 1096, making it the oldest university in the English-speaking world. In the year 1167, King Henry II prohibited English students from attending the University of Paris, sending a wave of new scholars to Oxford. This influx fueled the university's rapid expansion, and it's still held in high regard today. The name Oxford is a British surname which means 'oxen crossing.' It might not be the name of a college — but this nature name actually fits very well into the college baby name theme. Why? Because the most prestigious universities in the U.S. — and the world — are called 'Ivy League' schools. In October 1933, sports writer for the New York Herald Tribune Stanley used the term 'ivy colleges' to describe the similar athletic programs at Brown, Columbia, Cornell, Dartmouth, Harvard, Pennsylvania, Princeton, and Yale. The association with ivy most likely stems from the popular 19th-century practice of planting ivy, an evergreen plant symbolic of growth, on college campuses in a celebration known as 'Ivy Day.' The oldest continuously-operating university in Texas (and one of the first west of the Mississippi River), Baylor University is a private Christian research university officially established in 1845. The school is known for its nationally-ranked graduate and professional education programs, recognized by The Carnegie Classification of Institutions of Higher Education as a 'Doctoral University: Very High Research Activity' institution, which makes it part of the nation's top-tier research schools. The name Baylor itself is likely an Americanized version of the German surname Beiler, coming from beile, which means 'measuring stick.' And in a landscape of similar-sounding baby names like Taylor and Bailey, Baylor stands out and fits in at the same time! Boston College is a private university located in Chestnut Hill, Massachusetts. Established in 1863, it's known for its academic excellence as well as its mission-driven focus on ethics, leadership, and social justice. Of course, you can't say 'Boston' without thinking of the iconic city — but did you know what its name means? It's said to mean 'Botswulf's stone.' Botswulf is a 7th-century British abbot for whom the city is supposedly named. And Botswulf comes from Old English elements meaning 'improvement' and 'wolf.' This name is derived from a Norman French surname meaning 'large' or 'grand.' But when it comes to university-inspired baby names, this is one everybody will be on board with, since a 'grant' in college terms is a form of tuition assistance that doesn't have to be paid back. Cha-ching! Wellesley College in Wellesley, Massachusetts is a private women's liberal arts college founded in 1870. It's known for its beautiful campus and emphasis on leadership — and for the fact that its alumni includes notables such as Hillary Clinton, Diane Sawyer, and Madeleine Albright. Wellesley itself is a surname, and likely comes from the Middle English wille, meaning 'well' (as in the water kind). The -ley suffix indicates a meadow or clearing, so Wellesley was probably used to indicate someone who lived in a clearing with a well. Honor doesn't have to be the name of a college to be a college name — because everybody knows graduating with honors is the ultimate goal! This is a beautiful virtue name that comes from a Late Latin word meaning 'esteemed.' The word 'valedictorian' comes directly from the Latin phrase vale dicere, which means 'to say farewell.' So even though we automatically equate it with the top-performing student in a graduating class, it actually doesn't have anything to do with grades; technically, it's the person who delivers the farewell address. Either way, we think Val is a perfect college-inspired name — it's great for any gender, and beautifully short and simple (no one will ever mispronounce it!). Like Wellesley, Emerson is also private liberal arts college in Massachusetts — though it's in Boston, and not just for women. It was founded in 1880 as the Boston Conservatory of Elocution, Oratory, and Dramatic Art, and to this day is the only four-year institution in the United States that's devoted exclusively to the studies of communication and the arts. The name Emerson means 'son of Emery' — and Emery is derived from the German name Emmerich, meaning 'brave king.' Though it can be used as a boy name, it's currently a smidge more popular for girls; according to data from the U.S. Social Security Administration, it's in the top 200 most popular names for girls. But for boys, it isn't far behind, ranking at #271 at last count. There are actually three institutions commonly called Bristol University: one in Bristol, England; one in Anaheim, California; and one in Bristol, Tennessee. But the oldest is University of Bristol in England — which received a royal charter in 1909, but can actually be traced back to around 1595! Considered by many to be in the UK's 'Ivy League' category, it routinely ranks among Britain's top 10 universities. The name Bristol is an English place name meaning 'site of the bridge.' A less-obvious nod to university life, but still perfectly befitting of this list of college baby names — because everyone wants a merit scholarship! A merit scholarship is financial aid awarded to a student because of their academic achievements. This virtue name comes from the Latin word meritus, meaning 'deserving.' It can also be spelled with a couple of double letters: Merritt. While California's UC Berkeley is not considered Ivy League, it is considered one of the top public universities in the nation, if not the world. Its admissions are very selective, with a current acceptance rate of just over 11 percent. As a name, Berkeley is a variant of the surname Barclay, which means 'birch clearing.' If you know anything about college or university, you know that the position of Dean is held in pretty high regard. The Dean heads up a college or school within a university, and is responsible for academic leadership, program management, faculty oversight, and fiscal matters. And of course, being on the Dean's List is a big deal; it's an academic award or distinction given to students who demonstrate a high level of scholarship. As a name, Dean is derived from the Middle English word dene, meaning 'valley.' The University of Cambridge (located in, you guessed it, Cambridge, England) is another prestigious higher learning institution with a rich history — it was founded in 1209, making it the world's third-oldest university in continuous operation. As a name, its meaning is unsurprising; it means 'bridge over the River Cam' which is a river that flows through the town of Cambridge and meets up with the Thames in London. And in addition to being Prince and Princess of Wales, Prince William and Kate Middleton are also the Duke and Duchess of Cambridge. St. Francis Xavier University — also known as StFX — is located in Antigonish, Nova Scotia, and is one of Canada's oldest and most respected undergraduate institutions. Founded in 1853, StFX is renowned for its commitment to academic excellence, small class sizes, and a vibrant campus life that fosters a strong sense of community among students. The name Xavier comes from the Basque place name Etxeberria, meaning 'the new house.' … New dorm, maybe?! For this one we're thinking of Cal Poly, of course — California Polytechnic State University, if you wanna get technical. A polytechnic university is an institution of higher education that focuses on applied sciences, engineering, and technology. Sounds futuristic, but Cal Poly was actually founded in 1901! It's very competitive, with only about 30% of applicants making it in. The name Cal could be a nickname for Calvin, Caledon, Caleb, etc. — but we think its unisex simplicity can easily stand alone! Established as a men's Methodist college in 1856, Auburn is now one of the largest public colleges in the south (and widely considered one of the most conservative). The university has a longstanding annual tradition called 'Hey Day,' when students wear name tags and greet every other student and faculty member they come across with the Auburn greeting, 'War Eagle.' Auburn is a great unisex name with a similar sound as Aubrey, and a color name that's more unique than Amber. Given its reddish-brown hue, it could make a beautiful fall baby name as well! Founded in 1836, Atlanta's Emory University may not be as big as the Ivy League schools, but it has been called one of the 'New Ivies' (a term coined by Newsweek in 2006 to refer to a college that ranks highly in terms of academics, even if it doesn't reach the size or elite status of an Ivy League). Emory is renowned for its diversity of academic choices, and is highly selective, with an acceptance rate of only about 11%. Like Emerson, the name Emory comes from the German name Emmerich, meaning 'brave king.' West Virginia's Marshall University, founded as Marshall Academy in 1837, is known for its gorgeous campus — but it also has a strong academic reputation, and is one of the most affordable universities in the United States. The name Marshall is a surname, originally used to designate someone who was a marshal, or an officer of the law. Marshal itself is derived from the Old French mareschal, which meant a stable officer (the word is comprised of the elements marah and scalc, meaning 'horse' and 'servant,' respectively). Founded in 1885, Bryn Mawr College is one of the group of colleges collectively known as the 'Seven Sisters' — they're historically all-female schools. Known for its forward-thinking attitude and progressive stances on women's education, Bryn Mawr was the first women's college to offer a graduate (Ph.D.) program. It was also the first college in the nation to offer a doctorate in Social Work. The words bryn mawr literally mean 'large hill' in Welsh; bryn is the part that means 'hill.' Chances are, you've heard the term 'Rhodes scholar' — that's because Oxford University's Rhodes Scholarship program is not only one of the oldest in the world (established in 1902), but also one of the most highly prestigious. This international program has awarded scholarships to students who have become notable scientists, doctors, authors, politicians, entrepreneurs, and Nobel Prize winners. Like many surnames-turned-first-names, Rhodes is an English topographical name meaning 'cleared land.' Ask any college student and they'll tell you the most-asked question they get about their education is 'What's your major?' So when it comes to college baby names, this one is definitely appropriate! As a name, Major comes from the Germanic Malger, meaning 'court spear.' And of course there's the English word 'major,' meaning 'significant.' The Pennsylvania State University might be this school's proper name, but most people know it better as Penn State! A top-ranked research university founded in 1855, it boasts the Hershey Medical Center (named after Milton S. Hershey — yes, the founder of Hershey's chocolate!) and is renowned for its school spirit (go, Nittany Lions!). Like most of these college baby names, Penn is the transferred use of a surname, and it means 'hilltop.' Alma might be a less-obvious homage to college life, but an homage nonetheless. Because the college or university one graduates from is their … alma mater! That's a Latin phrase which literally means 'nourishing mother.' Alma is also the Spanish word for 'soul,' which gives another layer to its meaning. And it has experienced a big boost in popularity over the past few years, rising from a low of #875 out of the top 1000 most popular baby names in 2011 (per the U.S. Social Security Administration) to its most recent rank of #482. This is due to the resurgence of 'grandma names' coming back into vogue! Founded in 1746 and consistently ranked among the top ten universities in the world, the Ivy League Princeton University in — you guessed it — Princeton, New Jersey is known for its unparalleled programs in fields such as computer science, math, engineering, and economics. It's also home to a breathtaking campus (some say it looks more like a park) and stunning architecture designed by some of the United States' most renowed architects. The name Princeton literally means 'prince town' — Princeton, New Jersey is said to have been named after Prince William of Orange and Nassau. Given the recent surge in names like King and Saint, it isn't hard to see why the nickname Prince would be a great choice — or Princeton could be used in its entirety as a dignified-sounding middle name. One of the nation's younger universities, Duke was officially founded in 1924 by James Buchanan Duke as a memorial for his father. It's a highly-selective university, with only about a 6.3% acceptance rate. Duke's School of Medicine and School of Nursing are considered leading institutions for medical and nursing education — and it's also well known for its law program. The name Duke comes from the same noble title, which itself stems from the Latin dux, meaning 'leader.' Delta is the name of the fourth letter of the Greek alphabet: Δ. But in college terms, it's seen in the name of many different sororities and fraternities such as Delta Sigma Theta, Delta Tau Delta, Delta Delta Delta, Delta Phi Omega, etc. Really, any of these could theoretically be a name — Alpha or Omega, for example. But out of all the Greek letters, Delta is the most familiar sounding as a name since it's actually used as one. Among the top 77 research universities in the United States, Ohio's Kent State University has many award-winning academic programs; its Liquid Crystal Institute (LCI) is known for the innovation that led to the flat panel display industry. It is also known for its beautiful — and most importantly, safe — campus. The name Kent is an English surname that is likely derived from an old Brittonic word meaning 'coast' or 'edge. It's not a big institution, but we love its name! Quincy University is a private Catholic liberal arts institution located in Quincy, Illinois, established in 1860 by Franciscan friars as St. Francis Solanus College. The name Quincy comes from the Roman given name Quintus, which means 'fifth' in Latin. This would be a perfect name for a fifth child — but it doesn't have to be numerically meaningful to still be a perfect name! Wrapping up our college baby names is Sage — which is literally a word meaning 'wise person' (or, you know, an herb … but this isn't that kind of roundup). And since the goal of college is to gain wisdom, we think Sage is the perfect way to cap (and gown) off our college name roundup. It's straightforward, meaningful, and great for any gender.
USA Today
5 days ago
- Politics
- USA Today
Rebels, gangsters and presidents animate biography of radical lawyer Paul O'Dwyer
Rebels, gangsters and presidents animate biography of radical lawyer Paul O'Dwyer 'An Irish Passion for Justice: The Life of Rebel New York Attorney Paul O'Dwyer,' takes readers through the civil rights era, Northern Ireland, and post-war New York's machine politics. Show Caption Hide Caption Harvard Law School's Magna Carta revealed as an original Harvard Law School's Magna Carta revealed as an original, the school bought a 1327 copy of the Magna Carta from legal book dealer for $27.50 in 1946. Robert Polner and Michael Tubridy's biography of Paul O'Dwyer examines the clash between purity and pragmatism in public llife. The book includes cameos from presidents including JFK, Bill Clinton, Ronald Reagan, Lyndon Johnson, and Franklin Roosevelt. O'Dwyer spent decades fighting for civil rights and desegregation. His elder brother, New York Mayor William O'Dwyer, was dogged by unproven allegations of gangland ties. In the endless dogfight between purity and pragmatism it's never clear who to bet on. It's even harder to know who to love. Radical Irish-American lawyer Paul O'Dwyer was a passionate purist who spent most of the 20th Century fighting – and often winning – for society's losers. O'Dwyer stood up for Irish Republicans, the early Zionists, Blacks in the segregated South, Blacks in the segregated North, gays and lesbians during the AIDS crisis, Kentucky coal miners and, briefly, the entire population of Iran. His elder brother, William O'Dwyer, was the silver-tongued, machine-backed mayor of post-war New York who traveled by chauffeured car and got things done – until creeping scandal pushed him from office, all the way to Mexico City. The intensely loyal but often difficult relationship between these immigrant siblings is only the most attractive of several threads crackling through Robert Polner and Michael Tubridy's excellent biography, 'An Irish Passion for Justice: The Life of Rebel New York Attorney Paul O'Dwyer' (available now from Three Hills Books). The clash of zealotry and conciliation, the question of how best to do the right thing, animates the O'Dwyer story in ways eerie and often striking. Sometimes tilting at windmills and at others slaying dragons, Paul O'Dwyer keeps popping up where the action is, wavy-haired, brogue-talking, and brave. It's 1967: O'Dwyer is in segregated Alligator, Mississippi, watching the local polls to help out civil rights icon Fannie Lou Hamer. It's 1968 and he's manhandled by Chicago cops while trying to save an anti-Vietnam war delegate from a beating at the riotous Democratic National Convention. There he is, sunburned in San Antonio, springing suspected Irish Republican Army sympathizers from federal lock-up. And here he is in 1993, whispering to Arkansas Gov. Bill Clinton during the Democratic presidential primaries that the time might be right for the U.S. to get off the sidelines and broker an end to decades of violence and repression in Northern Ireland. O'Dwyer, the youngest of 10, grew up in an impoverished hamlet in Ireland's County Mayo. After graduating from a Dickensian church-run school and completing a year of college – supported by the meager salaries of his schoolteacher sisters – he was summoned at age 17 to New York by his four brothers, who'd already escaped across the Atlantic. There he met Bill, who'd never laid eyes on the baby of the family. Bill was something: A seminary dropout, he'd worked as a barman, riverboat furnace-tender, and laborer before joining the NYPD and becoming a lawyer. He flashed a gold tooth. Unlike his younger brothers, he didn't send money home. He steered Paul into law school, and encouraged him to rise through the patronage and compromises of Tammany Hall – the city's ruling Democratic machine – though Paul chose more difficult means of ascent. Eldest and youngest formed a bond that would survive decades of friction over principles and tactics. Bill was elected district attorney of Brooklyn, where he prosecuted the button-men of Murder Inc., but he was stalked by allegations – never proven – of gangland ties that would later undo his mayoralty. Where Bill sent men to the electric chair, Paul defended accused killers bound for the death house. The contrast is even more striking when the book describes how their brother Frank O'Dwyer was himself shot dead in a hold-up, and his killer executed. Paul O'Dwyer didn't let zealotry fence off the road to common ground. Fiercely anti-British, he refused to condemn IRA violence, and also refused to condemn attacks on Catholics by Northern Ireland's Protestant paramilitaries, reasoning – despite his Catholic allegiance – that he couldn't pit one group of Irishmen against another. In the 1970s he caught hell for reaching out to the violent anti-Catholic bigot Andrew Tyrie, a man with plenty of blood on his hands, in search of a way to unite the poor of Belfast, Protestant and Catholic, against their shared poverty and unemployment in the British north. O'Dwyer influence and compromise While Bill O'Dwyer became mayor in 1945, the highest office Paul achieved was that of city council president, in 1973. He lost primary or general election races for mayor, Congress and the U.S. Senate. Friends and foes "painted Paul as more influential than he actually was" in his brother's administration, the authors write. In retirement, Bill said his younger brother "had little patience for me because of compromises that I may have made." "That's perhaps the difference between a successful politician and one who had to learn some things yet," he added. In a now-familiar swing of the pendulum, the man who defeated O'Dwyer in the 1968 Democratic primary for senator from liberal New York, in a year of riots and tumult, ultimately lost – not to a Republican, but to the Conservative party candidate. Fifty-six years later, at another moment of upheaval, a majority of New Yorkers pulled the lever for Kamala Harris in the 2024 presidential election – but Donald Trump still won 30% of the city, the best GOP showing in three decades. As Polner and Tubridy write, O'Dwyer's life is 'relevant to understanding America's and the world's polarization in the twenty-first century.' Sense and sensibility Back to the brothers: Who to love? Bill O'Dwyer took the world as it was, made his deals, and built airports, housing, transit and sewers in America's biggest city. Paul O'Dwyer tried to make the world a better place, catching where he could those who walked life's high-wire without much of a net. He died in 1998, shortly after the Good Friday Agreement ended decades of open conflict in Northern Ireland. As Polner and Tubridy show, to make a go of things – in a story, a city, a republic – you ultimately need both characters, the pragmatist and the purist.
Yahoo
6 days ago
- Politics
- Yahoo
Habeas corpus is line between democracy and tyranny. Trump is blurring that line
If you think you see a train coming down the tracks, it's best to assume it's a train. And right now, President Donald Trump and his inner circle are charging full speed toward stripping Americans their most basic constitutional rights – with working people, immigrants and communities of color tied to the rails. Multiple media outlets recently reported that President Donald Trump's Senior Advisor Stephen Miller has suggested the administration is 'actively looking at' suspending habeas corpus – a constitutional right dating back to the Magna Carta of 1215, designed to prevent unlawful detention. Miller's statement is not a political trial balloon. It is a direct threat to every community and person that has historically borne the brunt of unchecked state power; and now many millions more are at risk. Habeas Corpus: Can Trump administration suspend right to challenge detention? Habeas corpus – the right to appear before a judge when detained – was embedded in the U.S. Constitution in Article I, Section 9. It may only be suspended in times of 'rebellion or invasion.' We are not at war. This is not a rebellion. But Trump wants to give his agents the unchecked ability to round up whomever they want, whenever they want, without charges or court review. This isn't immigration policy. It's authoritarianism. The graves of young Americans who have made the ultimate sacrifice can be found all over the globe. By rolling back our rights, we dishonor the men and women who have died for the freedom of, ultimately, all of us. Historically, suspensions of habeas corpus have come during national emergencies: Lincoln invoked it during the Civil War. Roosevelt used it to justify Japanese internment camps during World War II. Both decisions were later criticized for violating fundamental rights. But Trump's proposal comes without crisis or justification – only a desire to wield power without oversight. Let's be honest: we know who suffers when due process is stripped away. It's not the wealthy or well-connected. It's people in neighborhoods like the ones I grew up in – among Arab, Black, poor white and Hispanic families that have always been overpoliced, surveilled and scapegoated. In Detroit, we've lived through COINTELPRO, mass incarceration, and decades of militarized policing. Our communities don't need a history lesson – we've seen what happens when the government throws out the rulebook. More opinion: I joked about getting deported. In Trump's America, it's not funny. Conservative icon and retired federal judge J. Michael Luttig recently called Trump's casual disregard for the Constitution 'perhaps the most important words ever spoken by a president.' Trump said he doesn't know if he's obligated to uphold the Constitution. That's not a gaffe. That's a confession. Luttig warns this is 'constitutional denialism' – the belief that the Constitution doesn't apply if the president doesn't like how the courts interpret it. Just recently, Trump's Secretary of Homeland Security Kristi Noem, while testifying before the Senate Homeland Security and Governmental Affairs Committee, was asked by Sen. Maggie Hassan, D-New Hampshire, to define habeas corpus, saying – incorrectly – "habeas corpus is a constitutional right that the president has to be able to remove people from this country." Under Trump's watch, ICE has detained people with legal status for nothing more than criticizing presidential policies and proposals. We've seen legal residents arrested at courthouses, workplaces, and even outside schools. Ask yourself: what happens if there's no court to turn to? No right to challenge your detention? That's not democracy. That's dictatorship. As a civil rights attorney, I've defended the wrongfully arrested, the unlawfully detained, and the politically targeted. I've seen how the courts can be both weapon and shield. And I know that the only thing more dangerous than unchecked police power is unchecked police power with no court review at all. More: Lawyer for U-M protester detained at airport after spring break trip with family I believe in the power of the Constitution – but only if we recognize and use that power. We cannot sit idly by while a president openly plots to suspend core legal protections. We cannot wait until our neighbors are gone and our rights are stripped before we raise our voices. The train is coming, and it won't stop on its own. Detroit has always been a city of resistance – against racism, against exploitation, against economic injustice and against authoritarianism. We know how to fight injustice because we've been doing it for generations. From labor strikes to civil rights marches to courtroom battles for justice, our strength is in our refusal to be silent. So no, suspending habeas corpus is not just some obscure legal issue. It's the line between democracy and tyranny. Between protest and prison. Between freedom and fear. And if they come for one of us without due process, they can come for all of us. We must defend habeas corpus – not just as lawyers, but as citizens, as neighbors and as people who know that our rights mean nothing if they don't protect the most vulnerable among us. Because if we don't fight back now, history will ask why we let it happen again. Amir Makled is managing partner of the Dearborn-based Hall Makled Law Firm. This article originally appeared on Detroit Free Press: Habeas corpus is what stands between democracy and tyranny | Opinion
