Important Criteria For Electronic Storage Of The Form I 9

Important Criteria for Electronic Storage of the Form I-9

by

Ann Allott

How do you make a decision about electronic completion and storage of the Form I-9? Is electronic completion and storage right for your company? What benefits will you gain by completing the

[youtube]http://www.youtube.com/watch?v=Ha6gfKaiybw[/youtube]

Form I-9

in electronic format?

Many companies would like to go paperless to reduce cost. Some companies may choose electronic storage to reduce the physical space required to store paper forms. Reducing cost, saving time, and insuring accurate completion of the form are the main reasons a company chooses electronic storage. Some employers may choose to complete a paper version of the I-9 Form and scan and save it. This is the simplest version of electronic storage. If your company chooses this method, once you have securely stored the I-9 Form in electronic format, you may destroy the original paper Form I-9.Electronic Employment Elibigility Verification According to USCIS (U.S. Citizenship and Immigration Services), you may complete or retain the Form I-9 in an electronic generation or storage system that includes: 1. Reasonable controls to ensure the integrity, accuracy, and reliability of the electronic storage system; 2. Reasonable controls designed to prevent and detect the unauthorized or accidental creation of, addition to, alteration of, deletion of, or deterioration of an electronically completed or stored Form I-9, including the electronic signature, if used; 3. An inspection and quality assurance program that regularly evaluates the electronic generation or storage system, and includes periodic checks of electronically stored I-9 Forms, including the electronic signature, if used; 4. A retrieval system that includes an indexing system that permits searches by any data element; and 5. The ability to reproduce legible paper copies. USCIS also allows electronic signatures if you complete I-9 Forms electronically. When a company chooses to use an electronic signature, the system for capturing electronic signatures must allow signatories to acknowledge that they read the attestation and attach the electronic signature to an electronically completed Form I-9. The system must: 1. Affix the electronic signature at the time of the transaction; 2. Create and preserve a record verifying the identity of the person making the signature; and 3. Provide a printed confirmation of the transaction, at the time of the transaction, to the person providing the signature. If you do not comply with the standards for capturing signatures electronically, ICE (Immigration and Customs Enforcement) will determine that you have not properly completed Form I-9, in violation of section 274A(a)(1)(B) Use these 25 questions when considering any paperless electronic storage system to help guide you toward an informed decision. The Form I-9 – 25 Questions Concerning Electronic Storage Systems 1) How secure is the system? Remember, you are storing very vital personal information on each Form I-9. Does it meet the criteria set forth by USCIS? 2) Where is the information stored? Is it on your company network or is it an on-line storage system? 3) What type of back-up is in place to ensure data is never lost even in the event of a natural disaster such as flood or tornado? 4) Who will have access to the information stored in the system? Does the system have an audit log to record every time a record is accessed and who accessed it? 5) If requested by ICE, will you be able to produce all current employees I-9 Forms and all terminated employees I-9 Forms going back 3 years time within 3 business days? 6) If you cannot produce the documents according to a legitimate Government request within 3 days, does the software/system provider have insurance to cover your companys losses and fines for failure to produce within the time allowed? 7) What provisions are in place in the system for complying with various State specific employment verification issues? 8) What provisions are in place to handle the Form I-9 if an employee is transferred to a new location? 9) Does the program have a tickler system to remind you when I-9 Forms need updating when work authorization documents expire that are necessary to re-verify? 10) Does the program provider offer a training program for field agents who will be completing the Form I-9? 11) Does the provider offer training concerning the use of E-verify and /or SSNVS (Social Security Number Verification Service)? 12) Who will observe the prospective employee complete Section 1 of the Form I-9? 13) Who will observe the prospective employees physical appearance and identity documents to ascertain they appear to be the documents of the individual who is presenting them? 14) Can an applicant complete the form without including his/her Social Security number in Section 1? 15) Is there a place in the system to store the date of termination? 16) What provisions are in place for updating the Form I-9 when an employee changes their name for payroll purposes? 17) How are the ID and work authorization documents produced by the employee stored? 18) Can the system store the confirmation or non-confirmation returned by E-verify? 19) Are you able to store SSNVS results? 20) Are there provisions in place to handle special circumstances such as; a. An employee who enters the US on an L-1A and E-verify will not certify they are eligible to work? b. What do you do when a new hire shows a Native American card and E-verify will not certify them? c. What do you do when a foreign worker applies for a Social Security number and is rejected by the SSA without a receipt because their system does not yet have his or her entry into the US? d. If an employee is rejected because he or she presented documents that did not match the E-verify document, such as an I-551, and the same applicant comes back with a new name and new documents and passes E-verify, how is it processed? 21) Does the system provider have insurance to cover losses if, as a result of their system, a person is successful in collecting double wages at USDOJ/OSC because the applicant was not hired? 22) Does the system provider offer advice about policies that should be in place to keep the system current with government standards? 23) Does the provider recommend the use of IMAGE (Ice Mutual Agreement with Employers)? 24) Does the provider train clients on how to recognize fake identity documents? 25) If a new hire presents a Green Card, what number from the I-551 (lawful permanent resident card) does the system require in Section 2, List A? Completing and storing I-9 Forms electronically can be a great solution for most employers. It is important to do your homework and make an informed decision before selecting the electronic storage system that best suits your type of business. Form I-9, Employment Eligibility VerificationAllott Immigration Law Firm

specializes in all aspects of immigration law. Their team of dedicated lawyers assists clients on a worldwide basis with Form I-9 Compliance, Employer Sanctions Law, Visas, Detention & Removal Proceedings, Citizenship & Naturalization and U.S. Passports.

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Food with cancer-causing dye recalled in Britain

Saturday, April 30, 2005

The British Food Standards Agency (FSA) has announced a recall of foods containing banned dyes which increase the risk of cancer. The food products were sold at the Tesco, Waitrose, and Somerfield supermarkets.

A Bristol company called “Barts Spices” found the illegal Para Red substance in their Barts Ground Paprika, which was sold in 48g and 46g jars with a “Co-op” label. The batch codes on the affected products are 5032 and 5089 (expiration Dec 2007), and 5075 (expiration February 2007).

Tesco also found that their 130g package of BBQ rice cakes (expiration November and December 2005) contained both Para Red and Sudan I.

“It would be very prudent to assume that it could be a genotoxic carcinogen,” FSA scientific advisers told reporters.

“As a company committed to supplying only the very finest quality food ingredients, we took the immediate decision to withdraw our ground paprika spice from all outlets selling the product and advertised a product recall in the national press,” a Barts Spices spokesman said in a statement.

Sudan I is only authorized for industrial use to colorize petroleum products, such as shoe polish. Para Red and Sudan I are banned under the British Colours in Food Regulations of 1995.

Britain last went through a major food recall in February, when Worcester Sauce was found to contain chili powder dyed with Sudan 1.

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Ontario Votes 2007: Interview with Communist Party candidate Shona Bracken, Toronto Danforth

Sunday, October 7, 2007

Shona Bracken is running for the Communist Party in the Ontario provincial election in Toronto—Danforth. Wikinews interviewed her regarding her values, her experience, and her campaign.

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Others named in lawsuit against Buffalo, N.Y. hotel proposal

Buffalo, N.Y. Hotel Proposal Controversy
Recent Developments
  • “Old deeds threaten Buffalo, NY hotel development” — Wikinews, November 21, 2006
  • “Proposal for Buffalo, N.Y. hotel reportedly dead: parcels for sale “by owner”” — Wikinews, November 16, 2006
  • “Contract to buy properties on site of Buffalo, N.Y. hotel proposal extended” — Wikinews, October 2, 2006
  • “Court date “as needed” for lawsuit against Buffalo, N.Y. hotel proposal” — Wikinews, August 14, 2006
  • “Preliminary hearing for lawsuit against Buffalo, N.Y. hotel proposal rescheduled” — Wikinews, July 26, 2006
  • “Elmwood Village Hotel proposal in Buffalo, N.Y. withdrawn” — Wikinews, July 13, 2006
  • “Preliminary hearing against Buffalo, N.Y. hotel proposal delayed” — Wikinews, June 2, 2006
Original Story
  • “Hotel development proposal could displace Buffalo, NY business owners” — Wikinews, February 17, 2006

Wednesday, April 26, 2006

Buffalo, New York —A copy has been obtained of the lawsuit filed against the City of Buffalo for allegedly fast-tracking a seven million dollar hotel proposal.

The Elmwood Village Hotel is a 72-room, seven-million-dollar hotel proposed by Savarino Construction Services Corporation and designed by architect Karl Frizlen of the Frizlen Group. Its construction would require the demolition of at least five buildings, currently at 1109-1121 Elmwood, which house several shops and residents. Although the properties are “under contract,” it is still not known whether Savarino Construction actually owns the buildings. It is believed that Hans Mobius, a resident of Clarence, New York and former Buffalo mayoral candidate, is still the owner. The hotel is expected to be a franchise of the Wyndham Hotels group.

According to official court documents, there are more defendants than previously thought. Documents state that not only Buffalo’s Common Council and Planning Board are named in the lawsuit, but also the Mayor of Buffalo, Byron W. Brown, Savarino Construction Services Corporation, Hans J. Mobius and his son Hans S. Mobius owners of the properties at stake, Pano Georgiadis, owner of Pano’s Restaurant on Elmwood, and Cendant Corporation, the parent company of Wyndham Hotels are also named in the suit.

According to the lawsuit, during the length of the trial, Savarino Construction along with their employees, Hans Mobius and his son are not allowed to make any alterations or “engage in the physical alteration” of any of the said properties, 1109-1121 Elmwood and 9999 Forest. The suit also states that the owner of 605 Forest, Pano Georgiadis is also to follow the same rule.

The suit also states that Hans Mobius, his son and employees or “agents” are not allowed to “take any step, lawful or otherwise, to terminate [the] petitioners, Nancy Pollina and Patricia Morris,” owners of Don Apparel at 1119 Elmwood “tenancies.” Although the business is owned by Pollina and Morris, they are without a lease.

Within the suit it states that the rezoning of the properties 1119-1121 Elmwood and 605 Forest, by the Common Council, from a ‘R3’ Dwelling District to a C2 commercial zone “constitutes as impermissible ‘spot-zoning'” and is “not in accord with a well-considered plan for the development of the community and is null and void.” According to the suit the courts of New York have defined spot-zoning as “the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area, for the benefit of the owner of such properties and to the detriment of other owners.” The suit also states that the proposed site for the hotel is different from the surrounding properties because none of the zoning classifications, ‘EB’ [Elmwood Avenue Business District], ‘R3’ [Dwelling District], ‘R1’ [One Family District] and ‘R2’ [Dwelling District], permit the construction and operation of a hotel.

It is alleged that Savarino Construction “failed to utilize forms obtainable from the city clerks office, failed to include an accurate map or survey showing the location of all buildings and structures and failed to include the names and addresses of each of the owners of the properties to be rezoned.”

It is also believed that recommendation in regards to [hotel] compatibility, different land uses, traffic studies, community character, population density, relations between other residents and business owners, public convenience, governmental efficiency, and achieving and maintaining a satisfied community, were to be sent to Erie County’s Planning agency and was to refer Savarino’s rezoning application and site plan to the agency, however; the lawsuit alleges that although a referral was given to Savarino, it “does not appear that the ‘full statement of such proposed action’ was forwarded to the County [Agency].”

The suit also alleges that the Common Council “failed to wait the ‘statutorily-mandated’ 30-days after the County’s Planning Agency’s receipt” of recommendations from the Council. The County’s Planning Agency replied to the recommendations, however; the Agency replied on March 27, 2006, just six days after the Council made its recommendations, falling well short of the “statutorily-mandated” thirty days. The Agency’s reply however, did not support or oppose the recommendations or hotel proposal.

Public hearings are required to be registered by the City clerk to the City Planning Board, and according to the suit, “no record” of the Public hearing on March 7, presenting the initial proposal to the public, was made within the City’s Clerk office or Planning Board.

The suit also alleges that the Common council and Planning Board also violated the State’s Environmental Quality Review Act or SEQRA and the City’s Environmental Review Ordinance by allowing the Planning Board to be the “lead agency” instead of the Common Council. A lead agency is an involved agency principally responsible for undertaking or approving an action and therefore responsible for determining whether an Environmental Impact Statement or EIS is needed, according to the SEQRA regulations. The suit also states that the hotel proposal “constitutes an action under the SEQRA” because the project could “affect the environment by changing the use, appearance or condition of any natural resource or structure that requires one or more approvals from an agency or agencies” and that the Common Council and Planning Board are “obliged to comply with both the letter [recommendations] and spirit of the SEQRA review process” which include identifying the areas of environmental concerns and taking a “hard look” at them. The suit also claims that the Common Council has the “sole authority to grant Savarino Construction’s rezoning request” and “to approve the special development plan,” but it also claims that the Planning Board is “an involved agency” but that it is “clearly subordinate to that of the Common Council” therefore the decision made by both the Council and Planning Board to allow the Planning Board to be the ‘lead agency,’ is in “violation” of the State’s SEQRA and “renders all determinations” made by the Planning Board and Common Council on March 14, 21, and 28, 2006, “void and unauthorized.” It goes on to say that the Council “proceeded without or in excess of their jurisdiction, and/or made a determination in violation of lawful procedure, affected by an error of law, and/or in an arbitrary and capricious manner.” It also states that unless the requirements of the SEQRA are met, then the petitioners have the right to “seek a temporary restraining order” from the Court if circumstances require it.

The suit also states that a failure to grant a preliminary injunction, through the courts, will result in “irreparable injury” to the petitioners and that the Council and Planing Board have failed to comply with the requirements of the SEQRA and have violated several other state laws and city codes.

So far, Savarino Construction has not responded to any calls or e-mails. District councilman Joseph Golombek also has not responded. Georgiadias was unavailable for comment.

A preliminary hearing is scheduled to take place at 9:30 a.m. on June 8, 2006 in the Supreme Court building at 50 Delaware Avenue in Buffalo, on the 8th floor, part 31.

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Why You Should Contact Asphalt Pavers In Norwich, Ct

April, 2014 byAlma Abell

When you decide it is time to proceed with paving your driveway, you will need to get in touch with asphalt pavers in Norwich, CT. These professionals will come to your home and provide you with a comprehensive estimate after examining your driveway and determining how much work needs to be done. The usual starting point is to grade the driveway and compact the materials that are left. Some road base may need to be added to the surface and compacted once again. After all of this work has been done, asphalt can be applied to the prepared surface. Preparation is the key to a successful paving job because without it, the driveway may buckle and fail in certain areas.

Experienced asphalt pavers in Norwich, CT know exactly what needs to be done to complete your driveway. They can tell you the cost of preparation and materials before they do the work. When you decide to proceed, a crew will show up at your house to carry out the agreed contract and get the work done. The entire job should usually be completed in a week or less, but this largely depends upon how long your driveway is and how much preparation work must be done in advance of the paving job.

The companies that can take care of quality asphalt paving are experienced with this kind of work. They have been doing it for many years and are aware of the need for taking the right amount of time to get the work done, so the finished product is one you will be satisfied with. Asphalt pavers in Norwich, CT tend to be extremely busy at certain times of the year, so if you decide you would like to have your driveway paved this year, you should contact a company well in advance of the busy summer season and make arrangements to get your driveway paved. A representative will want to come to your home and take a look at your driveway in advance of the work to ensure that it can all be done in a specific time frame.

For more information, visit online

Australian Jesse Williams drafted in fifth round by the NFL’s Seattle Seahawks

Monday, April 29, 2013

Sunday, the NFL’s Seattle Seahawks drafted Brisbane, Australia native nose tackle Jesse Williams in the fifth round of the NFL Draft. Going into the draft, there were some expectations by the Brisbane Times and other media outlets that Williams might be selected in the first round. Injuries, which resulted in Williams being unable to participate fully in the NFL Combine, likely were reasons why he was not selected higher.

Gridiron football is not the most popular football code in Australia, with rugby league, rugby union, soccer, and Australian rules football all being more popular participation sports. Williams’ youth sporting career reflected this, with Williams playing rugby union until he was 15 years old at which time he switched codes and joined the local gridiron team, the Bayside Ravens. A year later, his playing ability earned him a scholarship offer from the University of Hawaii. He could not meet the university’s academic standards so eventually he attended Western Arizona Community College instead. In 2011, he transferred to the University of Alabama and played for the Alabama Crimson Tide for two seasons. Both seasons, his Crimson Tide team won the national championship.

Williams’ selection is unique amongst Australians as most Australians who have played in the NFL have been kickers. He is also only the second Australian ever to be drafted in the NFL Draft.

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Gastric bypass surgery performed by remote control

Sunday, August 21, 2005

A robotic system at Stanford Medical Center was used to perform a laparoscopic gastric bypass surgery successfully with a theoretically similar rate of complications to that seen in standard operations. However, as there were only 10 people in the experimental group (and another 10 in the control group), this is not a statistically significant sample.

If this surgical procedure is as successful in large-scale studies, it may lead the way for the use of robotic surgery in even more delicate procedures, such as heart surgery. Note that this is not a fully automated system, as a human doctor controls the operation via remote control. Laparoscopic gastric bypass surgery is a treatment for obesity.

There were concerns that doctors, in the future, might only be trained in the remote control procedure. Ronald G. Latimer, M.D., of Santa Barbara, CA, warned “The fact that surgeons may have to open the patient or might actually need to revert to standard laparoscopic techniques demands that this basic training be a requirement before a robot is purchased. Robots do malfunction, so a backup system is imperative. We should not be seduced to buy this instrument to train surgeons if they are not able to do the primary operations themselves.”

There are precedents for just such a problem occurring. A previous “new technology”, the electrocardiogram (ECG), has lead to a lack of basic education on the older technology, the stethoscope. As a result, many heart conditions now go undiagnosed, especially in children and others who rarely undergo an ECG procedure.

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Renting Property Provides Lots Of Benefits

Renting Property Provides Lots Of Benefits

by

Jane Cooper

It is common practice for gas companies to rent oil-rich property. These companies assess a standard rate for leasing the land, but they also incur something that is known as a gas royalty. Because it\’s based solely upon the volume of oil the company is producing from the land, this income is different from the lease price. The name \”royalties\” stems from the fact that the landowner gets a percentage of the oil, but doesn\’t have to pay for operating expenses or drilling. A base income for the landowner is guaranteed due to the leasing fee; however a larger amount of money, or royalties, could be earned based on the income the company gets from the land. Per the terms of the lease agreement, the owner must leave the land to the company and collect their checks. Why would leasing land to a gas company be a selection a landowner would make? Listed below are a few reasons.

It could be more advantageous for the owner to rent the land and get paid while not having to do any additional work for it; of course this will depend on what the land had formerly been used for. If there are any concerns over how the land will be treated, it is useful to know that the lease agreement will state the terms of how the land should be kept. It will also include how it will be left upon completion of the allotted time of the agreement. The Environmental Protection Agency also monitors drilling companies very closely for potential spills or other things that could impact the environment.

[youtube]http://www.youtube.com/watch?v=MG1TWoXmDLU[/youtube]

What if you\’re tied up in the legalities of your contractual agreement, but want more immediate funds? One possible option is to sell your gas royalties. People choose to sell their royalties for numerous reasons. One possibility is that the royalties are part of a trust or inheritance and the liquid assets are needed by the trustees. Another conceivable reason for beneficiaries to sell would be if there\’s a big enough number of them so that it wouldn t be worth divvying up the royalty payment among everyone. Others could simply want to streamline their portfolio to make handling their funds more manageable.

If selling your royalties interests you, here\’s the common procedure: initially, a petroleum engineer will be hired to perform a valuation on your oil royalties to decide the proper price for the sale. An evaluation of the history of production is included in this valuation. They will also review historical cash flows and calculate production decline rates. All of these statistics are used to estimate future production from the well and determine the remaining gas and oil reserves to predict future profits. Giving you a fair sale price while making sure you understand any future risks is the end goal for any company purchasing the royalties.

Gas royalties are very common in the drilling world. The leasing fee helps to ensure that the owner will have earnings for the property; the royalty is a bonus dependent on production. Steady income with no work involved and the ability to sell royalties if the owner is in need of funds are two of the benefits to the owner leasing his land. It\’s almost foolish not to lease your land given how easy the process by which royalties are sold has become.

An acquisition company can certainly make the entire process of

selling gas royalties

extremely quick and painless. For more details on

Legacy Royalties

are attainable at the company\’s web page, http://legacyroyalties.com/.

Article Source:

ArticleRich.com

Australia’s new controversial workplace regulations come into effect this week

Sunday, March 26, 2006

The Australian Council of Trade Unions (ACTU) has urged the federal opposition Labor Party to focus on industrial relations (IR) as significant changes come into force from Monday 27th March. The legislation was passed in a row of controversy by parliament in December last year.

The contentious WorkChoices measures aim to move workers onto a federal industrial relations system and increase to the use of individual workplace contracts – under which conditions such as overtime and penalty rates can be set. The new WorkChoices arrangements include scrapping of unfair dismissal rights; the control by Federal government over state-based IR systems; more encouragement of individual contracts; award-cutting of award rates; secret ballots for industrial action and removal of the no-disadvantage test in new contracts.

The union movement has launched a fresh campaign to protest this week’s changes. ACTU secretary Greg Combet warns that some employees will feel the effects as soon as they come into force, because they will no longer be protected by the previous unfair dismissal laws. He says with the changes becoming enforced this week, the Federal opposition party must now concentrate on industrial relations and not on “political infighting”.

Australia’s Prime Minister, John Howard, says he’s prepared for a union scare-mongering over the IR laws, but assumes the campaign will fail. “I predict the scare campaign will go on,” he said. “I also predict that the scare campaign will fail.” Mr Howard says workers should wait and experience the new system for themselves and that the changes will give workers greater flexibility. “Over time it will be beneficial,” he said.

Combet feels different about the effects. “It’s likely, somewhere around Australia tomorrow, someone is going to be sacked unfairly and they’ll be the first victim of the new laws,” he told the ABC. “The really significant thing is that the balance of power in the workplace is shifting sharply to the business community, to the employer.”

Federal Workplace Relations Minister Kevin Andrews told reporters last week that “the sky would not fall, because people would go to work next Monday and not detect any difference.” He described union protests as “hysterical outbursts”. “There is nothing in this legislation that people need to worry about in the ordinary course,” he said.

Despite the Howard government’s increased majority in the Senate, the passing of bill has not been smooth. In November last year, hundreds of thousands of demonstrators rallied across the nation to express dissent of the IR legislation. Ex-Finance Minister, Senator Nick Minchin, said most Australians “violently disagree” with the recent IR changes and there was a real prospect that the High Court could overturn the Work Choices laws.

The HR Nicholls Society, described as one of Australia’s most politically conservative organisations, has likened the new federal laws to the former Soviet system of “command and control.” Society president Ray Evans says he does not like the centralised power being handed to the government under the changes, nor its encroachment on states’ rights.

Evans says the myriad of complex new laws would create a system where “so-called IR professionals would stand to make a lot of money sorting through it… every economic decision has to go back to some central authority and get ticked off,” he said . “There is a lot of that sort of attitude in this legislation and I think it is very unfortunate.”Kemalex Plastics owner Richard Colebatch of the HR Nicholls Society said the changes are “very complicated for anybody to decipher… The professionals will spend a lot of money, the employers’ money, working their way through the mire trying to create the new rules people are going to work towards.”

But the Prime Minister says “more jobs will be generated in the small business sector as a result of the removal of the absurd job-destroying unfair dismissal laws, and the greater flexibility for people to make workplace agreements at the enterprise level will lift productivity,” he told reporters in Melbourne. “Sure some people will complain, but a lot of people will benefit through getting job opportunities. Young people, who will get an opportunity to put their step on the bottom rung of the ladder for the first time, will benefit enormously.”

The Australian Medical Association (AMA) said WorkChoices regulations do not go far enough in clarifying who can legally issue medical certificates for sick leave. AMA vice-president Dr Choong-Siew Yong said WorkChoices regulations meant employers and employees faced uncertainty and confusion over sick leave.

“The regulations fail to acknowledge two very serious failings,” Dr Yong said in a statement. “One, if people are seriously ill, they should be seeing their medical doctor. Two, opening up medical certification to a whole range of non-medical practitioners will make it difficult for employers to take sick leave seriously.”

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US Senate confirms Ketanji Brown Jackson for Supreme Court

Saturday, April 9, 2022

On Thursday, the United States Senate confirmed Ketanji Brown Jackson as an associate justice of the Supreme Court, becoming the first African American woman to sit on the Court.

The vote was 53 in favor of Jackson and 47 opposed, largely split along party lines between Democrats and Republicans, respectively. Susan Collins (Maine), Mitt Romney (Utah) and Lisa Murkowski (Alaska) broke ranks with their fellow Republicans to cast votes for Jackson. Vice President Kamala Harris presided over the vote. Had there been a deadlock, she would have cast a tiebreaking vote.

Jackson and President Joe Biden watched the proceedings from the Roosevelt Room of the White House. Biden nominated Jackson on February 25 to replace retiring Justice Stephen Breyer. In 2020, Biden promised while running for President to nominate a African American woman to the Supreme Court, the country’s highest. Presidential nominations are required to be confirmed by the Senate.

On March 21, Jackson was introduced to the Senate by Thomas B. Griffith, a former judge on the Court of Appeals for Washington, D.C. During her opening remarks, Jackson said: “My parents taught me that unlike the many barriers that they had to face growing up, my path was clearer, so that if I worked hard and believed in myself, in [the US] I could do anything or be anything I wanted to be.”

She closed with: “Members of this committee, if I am confirmed, I commit to you that I will work productively to support and defend the Constitution and this grand experiment of American democracy that has endured over these past 246 years. During this hearing I hope that you will see how much I love our country and the Constitution and the rights that make us free.”

On the second day of confirmation hearings, Senator Josh Hawley (Republican; Missouri) challenged Jackson on child pornography cases over which she had presided. He questioned a three-month prison sentence handed out by Jackson in United States v. Hawkins where the prosecution had sought two years imprisonment. Federal Sentencing Guidelines recommended eight years in the case, based on the number of images. Jackson responded that she disagrees with the current guidelines, arguing they fail to differentiate defendants, and are contentious by the Sentencing Commission.

Jackson explained: “Congress has given the judges not only the discretion to make the decision but required judges to do so on an individualized basis taking into account not only the guidelines but also various factors including the age of the defendant, the circumstances of the defendant.” The defendant in the case was eighteen years old.

On the third day of the hearings, Jackson was pressed on how to apply Constitutional provisions written over two hundred years ago, to current issues. Jackson responded: “It’s a process of understanding what the core foundational principles are in the Constitution, as captured by the text, as originally intended, and then applying those principles to modern day.”

Senators Lindsey Graham (Republican; South Carolina) and Ted Cruz (Republican; Texas) continued a line of questioning from Tuesday on light sentences which led head of the Judiciary Committee Senator Dick Durbin (Democrat; Illinois) to intervene numerous times on Jackson’s behalf. While Durbin said Jackson was being interrupted, he was accused of filibustering in the nominee’s favor.

On the fourth and final day of the hearing on March 24, Durbin announced the Judiciary Committee would meet on March 28, potentially setting up a vote on Jackson for April 4. That day, Jackson herself was not present on March 24 as the Senate heard testimony from other parties, such as Wade Henderson, president of nonprofit group the Leadership Conference on Civil and Human Rights. Henderson said of Jackson: “Her background is absolutely extraordinary and her demonstration and mastery of the law is second to none.”

Senator Marsha Blackburn (Republican; Tennessee) requested access to confidential pre-sentencing reports in Jackson’s past child pornography cases. Reports of this nature are confidential to protect the victims. Durbin refused, saying: “I would not want that on my conscience, that we did this for some political exercise here, which I think is totally unnecessary, and someone was harmed as a result of it. I’m going to resist it every step of the way.”

On April 4, the Judiciary Committee voted 11-11 on Jackson, a deadlock broken by a vote called by Senate Majority Leader Chuck Schumer (New York) which sent it to the Senate floor.

Prior to her nomination, Jackson served as a clerk for Breyer, a federal public defender, a federal district court judge and a member of the sentencing commission, as well as an attorney in private practice.

The Supreme Court has eight associate justices and one chief justice.

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