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For Immediate Release
October, 04 2010, 02:33pm EDT
Contact:
Rachel Myers, (212) 549-2689 or 2666; media@aclu.org
Surveillance Court Should Operate More Transparently and Release Key Legal Rulings, Says ACLU
Group Submits Comments on New Proposed FISA Court Rules
NEW YORK
The American Civil Liberties Union today submitted comments on new rules recently proposed by the Foreign Intelligence Surveillance Court (FISC) regarding public disclosure of court records. The ACLU urged the FISC to amend its proposed rules to allow for greater transparency by requiring judges to disclose to the public any significant legal rulings that interpret the scope or constitutionality of controversial surveillance statutes, with properly classified information redacted where necessary.
The FISC, which was created by the Foreign Intelligence Surveillance Act (FISA) of 1978, reviews national security-related surveillance applications under FISA, the 2008 FISA Amendments Act (FAA) and the Patriot Act. It also resolves challenges brought by companies from which the government has demanded access to customers' private communications and records. The court operates in almost complete secrecy and its rulings, including rulings on important legal questions, are automatically withheld from the public.
In the comments submitted today, the ACLU called on the court to amend its proposed rules to ensure the release of certain significant legal rulings, including those that deal with the scope, meaning and constitutionality of the FAA. The ACLU is challenging the constitutionality of the FAA, which gave the National Security Agency virtually limitless power to conduct dragnet, warrantless monitoring of Americans' international communications. The ACLU is awaiting a ruling from the Second Circuit Court of Appeals in that case. The FAA will expire in 2012 unless Congress extends it or makes it permanent.
The following can be attributed to Melissa Goodman, staff attorney with the ACLU National Security Project:
"The public has a right to see judicial rulings that define the scope of the government's most intrusive surveillance powers and affect the rights of all Americans. Secret law is inconsistent with the basic principles of democracy and makes informed public debate about the government's surveillance powers nearly impossible. Americans can't assess whether controversial surveillance laws like the FAA are in need of reform if they don't even know how the law has been interpreted or applied. The FISA court's refusal to release certain legal rulings led to an uninformed debate before the FAA was enacted. Unless the court releases its rulings interpreting the FAA, the debate about repeal or extension of the FAA will be just as uninformed."
The ACLU's comments on new proposed FISC rules are available online at: www.aclu.org/national-security/aclu-fisc-rule-comments
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
'This Fight Is Just Beginning': Federal Judge Blocks Trump-GOP Law's Attack on Planned Parenthood
"There are no other providers who can fill the gap if the 'defunding' of Planned Parenthood is allowed to stand," said the Planned Parenthood Federation of America and two state chapters.
Jul 08, 2025
A federal judge on Monday temporarily blocked a provision of the new Republican budget law that bars Medicaid funding for Planned Parenthood health centers across the United States, an attack that reproductive rights advocates warn could shutter hundreds of clinics nationwide.
The decision by Judge Indira Talwani of the U.S. District Court for the District of Massachusetts, an Obama appointee, came shortly after the Planned Parenthood Federation of America and its chapters in Massachusetts and Utah sued over the provision, which establishes a one-year Medicaid funding ban for healthcare organizations that provide abortions and received more than $800,000 in federal funding in 2023.
The lawsuit argues that the "clear purpose" of the provision is to "categorically prohibit health centers associated with Planned Parenthood from receiving Medicaid reimbursements... in order to punish them for lawful activity, namely advocating for and providing legal abortion access wholly outside the Medicaid program and without using any federal funds."
The provision therefore "violates plaintiffs' Equal Protection and First Amendment rights," the lawsuit states.
Talwani ordered the Trump administration to "take all steps necessary to ensure that Medicaid funding continues to be disbursed in the customary manner and timeframes" to Planned Parenthood and its members as the case proceeds.
Planned Parenthood welcomed Talwani's decision to issue a temporary injunction but stressed that the legal battle is far from over.
"We're grateful that the court acted swiftly to block this unconstitutional law attacking Planned Parenthood providers and patients," the organization said in a statement late Monday. "Already, in states across the country, providers and health center staff have been forced to turn away patients who use Medicaid to get basic sexual and reproductive healthcare because President Trump and his backers in Congress passed a law to block them from going to Planned Parenthood."
"There are no other providers who can fill the gap if the 'defunding' of Planned Parenthood is allowed to stand," the group added. "The fight is just beginning, and we look forward to our day in court."
"The Trump administration's hell-bent ambitions to close our clinics and abandon our patients won't stop us."
Planned Parenthood warned that if the provision—which anti-abortion groups praised—is allowed to stand, nearly 200 health centers across dozens of states would be at risk of permanent closure due to the one-year Medicaid funding ban and more than a million patients could lose access to care, including STI treatment, cancer screenings, and birth control.
According to Planned Parenthood, 60% of its health centers are located in areas that are rural, medically underserved, or plagued by a shortage of healthcare professionals.
More than half of Planned Parenthood member patients rely on Medicaid to access crucial health services, the group estimates.
"The Trump administration's hell-bent ambitions to close our clinics and abandon our patients won't stop us," said Dominique Lee, president and CEO of the Planned Parenthood League of Massachusetts. "Let me be crystal clear: We are not intimidated. We were built for this moment. Here in Massachusetts, we fight back, and we will never be bullied into turning our backs on healthcare or human rights."
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100+ People Dead in Texas—Just 2 Months After Former National Weather Service Chiefs Warned of 'Nightmare' Scenario
While the agency and outside meteorologists say the NWS provided timely and accurate forecasts, the fatal flooding is generating fresh alarm about cuts and open positions.
Jul 07, 2025
As the official death toll from catastrophic flooding in Texas ticked above 100 on Monday, concerns over vacancies as well as job and potential funding cuts at the National Weather Service continued to mount—even as the NWS and independent meteorologists insisted that the agency had "issued timely warnings in advance of the deadly floods."
The flooding came just over two months after all living former directors of the NWS published a letter sounding the alarm about President Donald Trump's proposed budget for fiscal year 2026 and its cuts to the National Oceanic and Atmospheric Administration (NOAA), the parent agency of the NWS in the U.S. Department of Commerce.
The five men—Louis Uccellini, Jack Hayes, Brig. Gen. D.L. Johnson, Brig. Gen. John J. Kelly Jr., and E.W. "Joe" Friday—wrote on May 2 that "even if the National Weather Service remains level funded, given the interconnectedness of all of the parts of NOAA, there will be impacts to weather forecasting as well. We cannot let this happen."
"These proposed cuts come just days after approximately 300 National Weather Service... employees left the public service to which they had devoted their lives and careers," the ex-directors pointed out. "That's on top of the approximately 250 NWS employees who were fired as a result of their probationary status in new—often higher-level positions—or took the initial buyout offered by the Trump administration in early February."
"That leaves the nation's official weather forecasting entity at a significant deficit—down more than 10% of its staffing—just as we head into the busiest time for severe storm predictions like tornadoes and hurricanes," they continued. "Our worst nightmare is that weather forecast offices will be so understaffed that there will be needless loss of life. We know that's a nightmare shared by those on the forecasting frontlines—and by the people who depend on their efforts."
Discussing recent job reductions with The Associated Press on Monday, Uccellini, whose tenure leading NWS included Trump's first term, warned that "this situation is getting to the point where something could break."
"The people are being tired out, working through the night and then being there during the day because the next shift is short-staffed," he said. "Anything like that could create a situation in which important elements of forecasts and warnings are missed."
For the flooding in Texas, the NWS Austin-San Antonio office had five meteorologists working, rather than two, as part of its "surge staffing" protocol.
However, Tom Fahy, the legislative director for the NWS Employees Organization, a union that represents government workers, also told NBC News that the agency's Austin-San Antonio office does not have a permanent science officer, who conducts training for and implements new technology, or a warning coordination meteorologist, who has contact with media.
That office "is operating with 11 staff meteorologists and is down six employees from its typical full staffing level of 26," NBC reported. The nearby San Angelo office "is short four staff members from its usual staffing level of 23. The meteorologist-in-charge position—the office's top leadership position—is not permanently filled. The office is also without a senior hydrologist."
Despite some open positions at the two offices, the NWS began warning of potential flooding as early as Thursday morning, and as conditions worsened overnight, the agency issued its first warning for "life-threatening flash flooding" for parts of Kerr County at 1:14 am Central Time Friday, according to CNN.
"But questions remain about how many people they reached, whether critical vacancies at the forecast offices could have affected warning dissemination, and if so-called warning fatigue had been growing among residents in a region described as one of the most dangerous in the country for flash flooding," the network noted.
As Fahy put it to Politico: "The crux of this disaster is a failure of the last mile of communication... The forecasts went out, they communicated the forecasts, they disseminated the watches and warnings. And the dilemma we have is there was nobody listening at 4 o'clock in the morning for these watches and warnings."
Wisconsin-based meteorologist Chris Vagasky similarly told NBC that "the forecasting was good. The warnings were good. It's always about getting people to receive the message... It appears that is one of the biggest contributors—that last mile."
As The New York Times reported:
In an interview, Rob Kelly, the Kerr County judge and its most senior elected official, said the county did not have a warning system because such systems are expensive, and local residents are resistant to new spending.
"Taxpayers won't pay for it," Mr. Kelly said. Asked if people might reconsider in light of the catastrophe, he said, "I don't know."
As of Monday evening, 104 people are confirmed dead, most of them in Kerr County, which includes Camp Mystic, a Christian all-girls summer camp that lost at least 27 campers and counselors. The AP reported that "search-and-rescue teams carried on with the search for the dead, using heavy equipment to untangle trees and wading into swollen rivers. Volunteers covered in mud sorted through chunks of debris, piece by piece, in an increasingly bleak task."
In a statement to multiple news outlets, the NWS provided a detailed timeline of its alerts. The agency also said that it "is heartbroken by the tragic loss of life in Kerr County" and "remains committed to our mission to serve the American public through our forecasts and decision support services."
U.S. Senate Minority Leader Chuck Schumer (D-N.Y.) on Monday sent a letter to Roderick Anderson, acting inspector general at the Department of Commerce, urging an investigation into "the scope, breadth, and ramifications of whether staffing shortages at key local National Weather Service... stations contributed to the catastrophic loss of life and property during the deadly flooding."
"The roles left unfilled are not marginal, they're critical," he emphasized. "These are the experts responsible for modeling storm impacts, monitoring rising water levels, issuing flood warnings, and coordinating directly with local emergency managers about when to warn the public and issue evacuation orders. To put it plainly: They help save lives."
White House Press Secretary Karoline Leavitt lashed out at him and reporters for such scrutiny on Monday, saying that "unfortunately, in the wake of this once-in-a-generation natural disaster, we have seen many falsehoods pushed by Democrats such as Sen. Chuck Schumer and some members of the media. Blaming President Trump for these floods is a depraved lie, and it serves no purpose during this time of national mourning."
In addition to the president's so-called Department of Government Efficiency—previously led by billionaire Elon Musk, the richest person on Earth—pushing layoffs and retirements, Trump's administration is working to boost fossil fuels that drive the global climate emergency.
As Common Dreams reported earlier Monday, a study published by ClimaMeter found that the floods in Texas were caused by "very exceptional meteorological conditions" that cannot be explained merely by natural variability.
Former Common Dreams staff writer Kenny Stancil is a senior researcher at the Revolving Door Project, which has documented "Trump's attacks on disaster preparedness and response."
"The deadly Texas floods will not be the last manifestation of extreme weather turbocharged by fossil fuel pollution," Stancil wrote in a Monday blog post. "In an era of escalating climate threats, we need a stronger public sector with more resources to mitigate risks, help people weather storms, and adapt to the future."
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'Holding The Line': Municipal Workers' Strike Enters Second Week as Philly Refuses to Pay Living Wage
"We got people that work and repair the water mains and can't afford their water bill," said union leader Greg Boulware last week. "I don't want to be rich. We just want comfort inside the city that we serve daily."
Jul 07, 2025
Philadelphia's largest municipal workers' strike in over 40 years is entering its second week after negotiations with the city broke down this weekend.
Over 9,000 sanitation workers, 911 dispatchers, water services workers, crossing guards, and other city employees walked off the job last week, demanding that the city increase their salary enough to meet the rising cost of living.
But even with trash piling up on the streets and other city services understaffed, Mayor Cherelle Parker (D) would not agree to the demands made by AFSCME District Council 33, Philadelphia's largest blue-collar union.
Parker has offered a pay increase of 8.75% over the next three years, which she described as historic.
But DC 33 president Greg Boulware said that's far too little for municipal workers, many of whom are among the city's "working poor," to survive.
"It's not like as if our members are making $80,000, $90,000 a year," Boulware said. "A 2% increase on those would be significantly higher than it would be on somebody making $40,000-$45,000 a year. So, her math truly is not mathing, and you're clearly not paying attention to the working people that are going on in this city."
The average municipal worker in Philadelphia makes around $46,000, which is $15,000 less than the median income in the city and less than half of what a single adult needs to live comfortably, according to a study by SmartAsset.
"We got people that work and repair the water mains and can't afford their water bill," Boulware said at a rally last week. "We got people that repair the runways at the airport and can't afford a plane ticket. I don't want to be rich. We just want a comfort inside the city that we serve daily."
The union initially asked for an 8% raise for the next four years, which the city dismissed. This weekend, they pared their proposal down to 5%, but the city still did not budge.
Parker has insisted that her smaller proposed increases are merely what is "fiscally responsible," and that the city cannot afford to offer more.
The union has disputed this, pointing out that Parker herself is budgeted to receive a 9% increase to her salary of more than $240,000. That increase alone is nearly half the current salary that the average DC 33 member makes in a year.
As of Monday, negotiations have stalled, with no clear end in sight. With a throng of picketers behind him, Boulware told NBC 10, a local affiliate, that the union was working on a third proposal, and that negotiations may resume Tuesday. But he seemed to expect more obstinacy from the city.
"We've been there to be able to sit and meet and negotiate," he said. "It doesn't seem like the city quite honestly wants to entertain any of the questions that we have about things and actually have a true dialogue... That's how you negotiate and that's not truly what's been going on."
Despite the city's refusal to budge, momentum around the strike has continued to grow. On Friday, rapper LL Cool J dropped out of a 4th of July festival in the city, saying, "There is absolutely no way I can perform across a picket line."
Other AFSCME councils around Pennsylvania have joined pickets in solidarity. This includes Philadelphia's Council 47, which represents thousands of "white collar" city workers.
With mounds of trash accumulating on streets, sometimes becoming as "tall as people," the environmental activists with the Sunrise Movement have also joined in the effort to pressure the city. On Monday, activists hauled bags of trash into the lobby of City Hall, labeled with the words "Meet DC 33 Demands" written in yellow tape.
AFSCME, meanwhile, has stated its resolve to fight on as the strike has gained national attention.
"City workers are holding the line until they get a FAIR contract with the wages and benefits they deserve," the national union's account wrote on X Monday. "One day longer, one day stronger, no matter what it takes."
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