Obama Signs Historic Health Care Bill Into Law

President Barack Obama signed sweeping health care reform legislation into law Tuesday, capping a year long debate over the future of health insurance in the U.S.

"Today, after all the votes have been tallied, health insurance reform becomes law in the United States of America," Obama said before signing the bill.

Obama's remarks were met with numerous rounds of applause from the various members of Congress and reform advocates gathered in the White House's East Room.

The legislation, passed through the House late Sunday night with a 219-212 vote, was accompanied by a number of key amendments included in a reconciliation bill. The second bill will now go to the Senate, where the president expressed confidence that it will be addressed soon.

"While the Senate still has the last round of improvements to make on this historic legislation, these are improvements I'm sure they will make swiftly."

The president acknowledged that many in Congress took considerable risk by passing the bill.

"Yes we did," responded one individual in the crowd, an apparent play on Obama's signature motto from the campaign.

Supreme Court Considers Effects Of Bad Legal Advice

When Jose Padilla was arrested in Kentucky in 2001 for drug trafficking, his lawyer advised him to plead guilty in exchange for a shorter sentence. Padilla is a legal permanent resident, having immigrated from Honduras 40 years ago, and his lawyer advised Padilla that the guilty plea would not affect his immigration status. Padilla pleaded guilty in October 2002 and was sentenced to 5 years in prison and 5 years of probation.

The lawyer's advice, unfortunately, was wrong. Drug trafficking is an "aggravated felony," meaning Padilla lost any benefit of his immigration status and would have no defense should the government choose to deport him. In 2004, Padilla filed a motion in court in Kentucky asking to withdraw his guilty plea, arguing that he would not have plead guilty if he had known about the immigration consequences.

The general rule for legal advice at trial is that a lawyer must fully inform a client of the direct consequences of a guilty plea, such as jail time, but the lawyer has no duty to explain "collateral consequences" like losing the right to vote or own firearms. The Supreme Court Tuesday heard arguments that loss of immigration status is such an important issue—and was so important to Padilla's decision to make the plea—that a lawyer's incorrect advice warrants overturning the conviction and possibly bringing a new trial.

The Supreme Court Justices seemed to primarily be concerned that if Padilla is allowed to take back his plea it would expand the job of a court-appointed attorney to include giving all sorts of legal advice rather than letting them focus on getting a favorable verdict in the specific case for which they are assigned. Justices Antonin Scalia and Samuel Alito asked the attorneys several times whether incorrect advice on child custody and confiscation of property could lead to new trials. Padilla's lawyer argued that, if that advice was key to the defendant's decision to plead guilty, it could be grounds for a new trial. He further pointed out that a lawyer is always free to say that he simply does not know or refuse to answer entirely.

The lawyer for Kentucky, at one point comparing the collateral issues to land mines, nevertheless argued that the Sixth Amendment, which provides the right to an attorney at trial, only provided that attorney for the purpose of countering the government's prosecution. In other words, anything the lawyer says about collateral consequences is outside of his mandated role under the Sixth Amendment and is therefore not grounds for reversal.

The Supreme Court will hand down its decision in the case later this year.

Sotomayor Gets Endorsement from Senator, Law Enforcement Groups

By Courtney Ann Jackson-Talk Radio News Service

Senator Robert Menendez (D-N.J.) spoke out Tuesday in support of Judge Sonia Sotomayor’s Supreme Court nomination. Menendez was joined by representatives from the National Latino Peace Officers Association and the Hispanic National Bar Association. The focus of the discussion was Sotomayor’s strong commitment to equality, justice and law enforcement.

“Let me make one thing perfectly clear, we get to be proud of this nominee because she is exceptionally qualified, first and foremost. We get to be proud of her vast knowledge of the law, her practical experience fighting crime and her proven record of dedication to equal justice under the law,” said Menendez.

He said that he is proud to have the opportunity to cast a vote in support of President Obama’s nomination of Sotomayor and he believes she is clearly the right person for the job.

The law enforcement officials who spoke emphasized her work in the fight against crime. Menendez noted that there are many different professional dimensions to Sotomayor’s experience and her commitment to law enforcement is just one aspect. The Senator said all of Sotomayor’s qualities will be highlighted during the confirmation period.

Said Chief Art Acevedo, the President of the National Latino Peace Officers Association, “One of the things that impresses law enforcement about the Judge is the fact that she has worked on the streets in the front line seeing first hand as a prosecutor in New York the challenges faced by the communities we serve, the challenges faced by the law enforcement community and more importantly the challenges we face as a nation.”

Menendez and the other leaders noted Sotomayor’s judicial experience, and said they are committed to promoting a fair confirmation process by the U.S. Senate.

“Sonia Sotomayor’s nomination to be a Justice of the Supreme Court is a proud moment for America,” Menendez said. “It’s proof that the American dream is in reach for everyone willing to work hard, play by the rules, give back to their communities, regardless of their ethnicity, gender or social economic background. And it’s further proof of the deep roots the Hispanic community has in this country.”

Obama Names Sotomayor As Supreme Court Justice

By Annie Berman, Talk Radio News Service

Today at the White House, President Obama announced federal appeals court judge Sonia Sotomayor as the widely-anticipated replacement for retiring Supreme Court Justice David Souter. If confirmed, Sotomayor will be the first Hispanic woman to serve on the bench, and the third woman in history.

A native of New York, Sotomayor, 54, was born to Puerto Rican parents. After her father died she was raised in a single family household.

Sotomayor attended Princeton University where she graduated summa cum laude in 1976. Later, she attended Yale Law School where she was the editor of The Yale Law Journal.

After graduation from law school in 1979, Sotomayor served as an Assistant District Attorney to New York County District Attorney Robert Morgenthau. In 1997, Sotomayer was nominated by President Bill Clinton to her current position.

Sotomayer’s most famous case was the 1994 baseball strike. Sotomayer issued the preliminary injunction against Major League Baseball which prevented the MLB from implementing a new Collective Bargaining Agreement and using replacement players. Her ruling in this case ended the strike one day before the 1995 season.

Obama had only praise for Sotomayor. “Judge Sotomayor has worked at almost every level of our judicial system, providing her with a depth of experience and a breadth of perspective that will be invaluable as a Supreme Court justice,” he said. Obama added that he hopes Sotomayor may begin her tenure with the court when it begins its term in October.  

After Obama spoke, Sotomayor thanked her mother and brother for their support, and the President for the nomination. “I chose to be a lawyer and ultimately a judge because I find endless challenge in the complexities of the law.”  

Sotomayor now faces a daunting confirmation process with the U.S. Senate. 

DOD Official: Sailors Should Fight Somali Pirates Themselves

By Michael Ruhl, University of New Mexico - Talk Radio News Service

The most effective way to deal with piracy off of the Somali coast is for the sailors to defend themselves, according to a Defense Department representative testifying to the Senate Armed Services Committee today.

Michele Flournoy, Under Secretary of Defense for Policy, said that of the recent pirate attacks in Somalia the most effective means of fending off the pirates came from actions taken by the crews themselves.

“The single most effective short-term response to piracy will be working with merchant shipping lines to ensure that vessels in the region take appropriate security measures themselves,” Flournoy said. She continued that it is not possible for the U.S. military to prevent or intervene in every pirate attack, but if crews take appropriate measures, “the vast majority of pirate attacks can be thwarted without any need for military intervention.”

There were 122 attempted pirate attacks in 2008, of which only 42 resulted in crewmembers becoming captured. Of the unsuccessful attacks, 78 percent of them were stopped by the crews actions, with the others being stopped by military intervention, according to Flournoy.

Flournoy divided crew countermeasures into two categories: passive and active defense measures. Passive measures are those which don’t necessarily require direct confrontation with the pirates, and can include physical obstructions to boarding points, avoiding high-risk waters, creating fortified “safe rooms” in the ship, posting lookouts at all times, and maintaining contact with maritime security forces. Active defense measures can include using fire hoses and small arms to repel pirates and a military presence on the boat. Both of these defensive measures are important for crews to talk to defend themselves, Flournoy said.

She believes that the complexity of this situation necessitates a multifaceted approach, which is why the aforementioned measures should be combined with greater military patrols and economic development. Additionally, the Defense Department would like to see more states willing to prosecute the pirates. Presently, Kenya is one of the only nations to actually place Somali pirates on trial.

According to Flournoy, since August 2008 36 pirate vessels have been destroyed or confiscated, small arms have been seized, and 146 pirates have been turned over to law enforcement officers.