News & Commentary

Today is Constitution Day. In a lot of ways, it is a day to look backwards. To remember our Founding Fathers, and marvel at this document they created. To celebrate past judicial opinions in which our Supreme Court interpreted this document to uphold and protect fundamental civil rights and civil liberties such as free speech, the free exercise of religion, and equal treatment. To honor attorneys, activists and every day individuals who were willing to stand up and speak out to ensure that this document continued to have real meaning. Personally, I often use this day to recall the motivation that originally brought me to the ACLU and continues to animate my work to this day. This reflection is important. But I think it is equally important to use this day to look forward. Our Constitution is a living document. It is one of it greatest strengths. As a result, its continued vitality and importance, its continued ability to protect the civil rights and civil liberties that we hold so dear, critically relies on the next generation of constitutional defenders. It is for them that we must not only remember, but also inspire, mentor and teach. I was powerfully reminded of this lesson earlier this week, when I had the opportunity to participate on a panel at Eastern Michigan University that focused on immigration rights. It was a Tuesday night, it was early in the semester, and I have to admit, I was a bit skeptical that students would want to spend an hour during one of the last summer-weather evenings of the season with several activists and an attorney. I have never been so happy to be so wrong. Over forty students filled the seats, peppering us with questions, sharing personal anecdotes, and all the while, furiously scribbling in their notebooks. The event went over two hours, at which point the moderators had to force the event to close. These students were inspiring and invigorating. Indeed, I was surprised to find that I left that meeting with more energy, not less. And I wanted to share that same excitement, that same hope, with more of our supporters. In this way, these students created the impetus for a new series on our ACLU blog. In honor of Constitution Day, over the course of the next few weeks we are going to highlight the voices of our next line of constitutional defenders. These students are going to share with us their personal stories regarding the importance of the constitution in their lives and the work they either have already done or hope to do, to protect the rights enshrined in this document. They come from different schools and they touch on different subject areas. But I am sure that they all will inspire you in the same way that the EMU students have already touched me. Consider it our Constitution Day gift to you.

It was supposed to be an inspiring and eventful week for three students visiting Detroit for the U.S. Social Forum. They traveled from St. John’s University in New York to participate in workshops, lectures and even a massive march down Woodward Avenue. The progressive conference attracted more than 15,000 attendees from across the country for what shaped up to be an exciting and inspiring event. For the three students, the excitement they had for visiting the Detroit area quickly faded when they were stopped at the Detroit/Windsor border and were singled out for extensive questioning. The trouble started when a customs officer noticed the orange bracelets the three were wearing, which identified them as registered participants of the forum. Customs and Border Protection officers asked, “Oh, you’re wearing those bracelets. Are you here to protest?” Once the other officers learned of the student’s participation in the forum they immediately started to interrogate them in a hostile manner. The students were separated and questioned individually. After an officer announced, “they all have bags,” the student’s journals and flyers were removed and read. One of the students had their camera examined and pockets searched. After an officer stated the students might be coming to Detroit to “start trouble,” they were asked a series of invasive questions about their political affiliation, what classes their professor teaches and what kind of lectures they were attending. All of this is even more disturbing given the fact that other passengers on the bus, who weren’t wearing any items identifying them as forum participants, weren’t subjected to invasive searches or intrusive questioning. While the students were eventually released and allowed to cross the border, the implications of the customs officials using intimidation because of perceived political affiliation are clear. The ACLU of Michigan and the National Lawyers Guild wrote a letter to U.S. Customs and Border Protection and the U.S. Department of Justice last week urging officials at both agencies to investigate the incident involving the students. It’s our belief that customs officials have a responsibility to protect citizens from potential harm and not to use their authority for political intimidation.

This week we celebrate the 45th anniversary of the Voting Rights Act, a heroic piece of legislation that marked a giant step toward transforming our Constitution's democratic values into political reality.Thanks to the Voting Rights Act, the vast majority of Americans have the right to cast their vote on Election Day. But this doesn't mean we can rest easy.First, we need to exercise our right to vote. This Tuesday is Election Day for the Michigan primaries. Polls are open from 7:00 a.m. to 8:00 p.m. To find out where you should vote and who will be on your ballot, visit the Voter Information Center online at https://webapps.sos.state.mi.us/mivote/.Second, know your rights at the polls. You will be asked for photo identification when you show up to vote, but if you don't have ID you cannot be turned away! Voters without ID may simply sign a form stating that they do not have their ID with them. The procedure is simple, and your ballot will be counted along with all the others.Third, support the ACLU as we continue to protect the right to vote. Shortly before the 2008 election, the ACLU went to federal court to stop the Michigan Secretary of State from unlawfully disenfranchising thousands of voters.In direct violation of federal law, the Secretary of State was purging eligible Michigan voters from the rolls when their registration cards were not delivered properly by the postal service or if they applied for an out-of-state driver's license.Students and poor people were the most likely voters to be affected.In a major voting rights victory, a federal judge ordered that these wrongfully disenfranchised voters be restored to the rolls before the 2008 election.This summer, after nearly two years of litigation, the Secretary of State finally agreed to halt this unlawful practice.By Dan Korobkin, ACLU of Michigan staff attorney

Officers Krupinski, Lucy, Prater, Robinson, Skender and Woods knew they were choosing to put themselves on the line to protect the public when they first decided to join the Detroit Police Department.However, for the past two years they have also put themselves on the line to ensure that no other officer would be forced to choose between their career and their family.

In last week’s Senate Judiciary Committee meeting, tempers flared as anti-choice organizations voiced their support a controversial bill. Senator Kuipers’ Senate Bill 1283 would add language to the state’s Public Health Code, essentially asking medical providers to use their most technologically advanced ultrasound machines for abortion procedures. Specifically, there was expressed outrage that organizations not supporting the bill did not meet the supporting organizations’ verbal presence in live testimony. At the height of this apparent disappointment, one senator took the written testimony submitted by the ACLU of Michigan, crumbled it to the size of a baseball, and threw it across the table. As I sat there observing, I wondered, “was this an indication of frustration or was this merely a stunt to provoke those that did not wish to speak?” Sometimes silence can be so loud. The issue is not that organizations not supporting the bill simply did not speak up because they had nothing to say. The issue, rather, is why. In essence, both sides of abortion debates both have the same goal—saving lives. The heart of the matter, however, is lost in the details including bills such as Senator Kuipers’. What needs to be understood is that saving lives starts before a woman comes to the crossroads of considering terminating her pregnancy. Saving lives starts with access to resources and education. Saving lives really begins with reducing unplanned pregnancies. Putting resources into preventing unplanned pregnancies could not only reduce the number of abortions, but planned pregnancies can decrease infant mortality and teenage pregnancies. Comprehensive sex education plays a role by offering the best and most responsible information for teens to make informed decisions when it comes to sexual activity. Comprehensive sex education probably does not encourage teenage sex no more than abstinence-only education has discouraged teen sex. If teens do decide to engage in sexual activity, it would be in their best interest and society’s best interest to prevent unwanted pregnancies as well as a number of other uninvited consequences like sexually transmitted infections (STI). Resources should also be targeted towards state programs such as Plan First!, a Medicaid-waiver program, that helps increase access to low-income women for family planning services. These services include contraception, STI treatment, and other related medical care. This is especially important for women who are uninsured or under-insured due to unemployment or employers not offering medical benefits. Programs targeted towards preventing unplanned pregnancy also help reduce infant mortality. By ensuring that women have healthy planned pregnancies, the rates of infant mortality are greatly reduced. This is an especially crucial public health issue here in Michigan where rates of infant mortality have begun to rise in the metro Detroit area in the past few years. Bills such as Senator Kuipers’ do not truly address the serious issues of abortion and unplanned pregnancy in Michigan. Instead, statutory amendments like this just flare up continuing political debates focused on the wrong issues. Requiring abortion providers to use the “most technologically advanced ultrasound equipment available at that location” comes off as redundant and bypasses the crucial steps really needed to address abortion and unplanned pregnancies. This week, the bill is making another appearance before the Senate Judiciary Committee for testimony. For the greater goal of reducing unplanned pregnancies, I hope our legislators really hear what is being said...from both supporters AND opposition.

Basic eighth-grade civics tells us legislators write the laws and police enforce them. But what happens when the police simply make up laws to punish people who question their authority or stand up for their rights? Enter Phil Letten, Ken Anderson, and two lawsuits the ACLU is filing on their behalf to protect citizens from the police state.