As Congress examines the health care crisis and struggles to find apolitically acceptable reform package, it seems increasingly likely that federal reforms, if any, will delegate key decision-making authority to the states. Since several states are considered health reform innovators, and since federal officials are unable to reach consensus on a national reform strategy, Congress may well ask these laboratories of democracy’ to guide and shape the overall reform effort. However, it may not be wise to rely on the states to initiate and implement health policy reforms. If not, and the federal government instead should play the leadership role, what might an appropriate (and potentially feasible) intergovernmental partnership look like?
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
Mandatory arbitration for guestworkers, a uniquely vulnerable group, will result in class inequality and worse conditions for all workers.
DOJ guidance for mentally impaired detainees in immigration removal proceedings should be amended to provide counsel at earlier signs of incompetence.
An evidentiary privilege to protect workers' confidential communications from disclosure in federal and state court proceedings would support unions.