Several states allow a mother and child to be permanently separated for something the mother did before the child was born. These states have made the use of illegal drugs while pregnant a ground for terminating a mother’s parental rights. The intuition motivating such a policy is that drug users are bad parents, and the state protects children by removing them from such parents. Setting aside for the moment the question of whether pre-childbirth behavior should ever be a basis for evaluating parenting ability, the presumption in favor of termination is fundamentally ill conceived. Termination of parental rights is a drastic and unwise response to the public health problems caused by illegal drug use: drug use or addiction does not, ipso facto, make someone unfit to care for a child, although it may cause behaviors which constitute bad parenting. If those behaviors do emerge and they rise to the level of abuse or neglect, they would be sufficient legal ground for government intervention to protect the child in every state in the union. So, making drug use itself a ground for breaking up a family is unnecessary. Given that it also has various negative effects, including trammeling the constitutional rights of mothers and creating legal orphans, the policy should be abandoned.
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.
Labor organizing privilege is not a magic bullet that will secure the rights of workers to organize and collectively bargain. Employers will continue to resist the efforts of their workers to organize.
Mandatory arbitration for guestworkers, a uniquely vulnerable group, will result in class inequality and worse conditions for all workers.