Category Archives: Constitution

SCOTUS to hear partisan gerrymandering case today

This morning the U.S. Supreme court will hear oral argument in Gill v. Whitford, in which the justices will decide whether Wisconsin’s electoral maps are the product of an unconstitutional partisan gerrymander.

Amy Howe of SCOTUSblog has a detailed preview of the legal posture of this case and the claims being assertedon appeal.

Former Attorney General Eric Holder writes at the Washington Post, Redistricting has broken our democracy. The Supreme Court should help fix it.

When the Supreme Court hears arguments today in Gill v. Whitford, contesting Wisconsin’s legislative map, it will have a chance to rein in an aggressive new breed of data-driven gerrymandering that divides communities and diminishes the voice of many Americans. The record is clear, and the Supreme Court must take this opportunity to protect the right to fair representation that is embedded in our Constitution and our values.

I’ve spent a lot of time with maps since finishing my term as attorney general and dedicating my time to a push for a fair redrawing of legislative districts. These maps — created as a result of some Republicans’ bad faith redistricting efforts after the 2010 Census — are impressive in their geographic creativity but destructive to the representative democracy that our founders envisioned. Republicans created a House seat in Ohio that is only contiguous at low-tide; a House seat in Virginia that can only be connected by a boat ride on the James River; and a House seat in Michigan that is shaped like a snake and designed to pack as many minority voters into one district as possible.

Many Republicans across the country have wielded the gerrymander to manipulate the people’s right to vote into unconscionable partisan advantage. In 2012, Democrats won 1.5 million more votes than Republicans in races for the  House of Representatives, yet Republicans gained a 234 to 201 seat advantage. In 2016, despite winning fewer than half of all votes for the House, Republicans still held an advantage of 241 to 194 House seats. A recent report from the Brennan Center for Justice found that partisan gerrymandering has created a “durable majority” of 16-17 seats for Republicans in the U.S. House of Representatives. Just seven states, where the maps were drawn and approved solely by Republicans, account for almost all of this bias.

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The GOP is failing the ‘Roy Moore Test’

Last week, disgraced former Alabama chief justice Roy Moore, twice removed from the bench for unethical conduct in violation of the judicial code of ethics, nevertheless easily won the Alabama special election GOP primary for U.S. Senate.  Moore was supported the by far-the right fringe, in particular, white nationalist Stephen Bannon from Breitbart News and his billionaire financier Robert Mercer, who are waging a war on the GOP “establishment.”

Moore served as a columnist for years at the right-wing conspiracy site  World Net Daily. Moore was a leading proponent of the “birther” conspiracy theory, which posited, without evidence, that former President Obama wasn’t born in the United States. Moore took exception to Rep. Keith Ellison’s (D-Minn.), a Muslim, taking his oath of office with his hand on the Quran. Moore questioned  Ellison’s qualifications to be a member of Congress” because, he wrote, Islam is “directly contrary to the principles of the Constitution.” (The Constitution prohibits a religious test for office). Moore has argued on multiple occasions that America’s secular shift is responsible for the 9/11 terrorist attacks and recent “shootings and killings.” He regularly rails against abortion, and argued in 2005 footage reported by CNN that homosexuality should be illegal. Roy Moore’s five most controversial remarks.

Roy Moore has been a household name for years among the Christian Right nationalists who want a theocracy in America. Yet Senate Republicans are pretending that they don’t know anything about him. Senate Republicans have never heard of Roy Moore:

Senate Republicans say they know almost nothing about Roy Moore, their wildly controversial candidate in the Alabama special election. But they really, really want him to be elected to the Senate.

What about Moore’s history of racially insensitive comments? Haven’t heard anything. Homophobic remarks? Nada. Moore’s claim that some American communities are living under Sharia law? Crickets. Moore’s statement that 9/11 happened “because we’ve distanced ourselves from God”? Nothing for you on that. Moore’s assertion that Democratic Rep. Keith Ellison shouldn’t be allowed to serve in Congress because he’s a Muslim? We’ll get back to you. Moore saying Mitch McConnell should be replaced as Senate majority leader? Uhh, zip.

[T]he only thing that matters for party leaders is what Moore does from now on — not what he’s done before. And that he wins the Dec. 12 runoff against Democrat Doug Jones.

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First Monday in October: A preview of the Supreme Court term

The U.S. Supreme Court term begins on the first Monday in October. The Court is now at full strength with nine justices, with Neil Gorsuch having been installed by Tea-Publicans after an unconstitutional judicial blockade of over a year of President Obama’s nominee to the high court. This does not bode well for what to expect from Justice Gorsuch,who accepted the nomination under such tainted circumstances,  or from the five conservatives who now comprise the majority on the court.

Supreme Court

This portends to be another landmark year after a relatively modest term last year. The New York Times’ Supreme Court reporter Adam Liptak has a good preview of the current “hot topics” on the court’s calendar. Back at Full Strength, Supreme Court Faces a Momentous Term:

The new term is studded with major cases likely to provoke sharp conflicts. One of them, on political gerrymandering, has the potential to reshape American politics. Another may settle the question of whether businesses can turn away patrons like gay couples in the name of religious freedom.

The court will hear important workers’ rights cases, including one on employers’ power to prevent workers from banding together to sue them. Perhaps the most consequential case involves fundamental principles of privacy in an age when cellphones record our every move.

“There’s only one prediction that’s entirely safe about the upcoming term,” Justice Ruth Bader Ginsburg said last month at Georgetown’s law school. “It will be momentous.”

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Puerto Rico is Trump’s ‘Katrina’ moment

The great and powerful Oz “Dear Leader” is off the rails again this morning, pissed that everyone is not bowing down before his magnificence and greatness and praising him with superlative adulations.

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Talking Points Memo reports Trump Attacks Critics Of Puerto Rico Aid Effort: ‘Politically Motivated Ingrates’:

President Donald Trump on Sunday renewed his attacks on “politically motivated ingrates” he claimed failed to recognize the United States’ relief efforts in Puerto Rico.

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Trump on Saturday blasted San Juan Mayor Carmen Yulín Cruz, whom he accused of “poor leadership ability,” as well as “others in Puerto Rico” who Trump claimed “want everything to be done for them.”

“The Mayor of San Juan, who was very complimentary only a few days ago, has now been told by the Democrats that you must be nasty to Trump,” he tweeted.

On Saturday, she tweeted, “The goal is one: saving lives. This is the time to show our “true colors”. We cannot be distracted by anything else.”

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Donald Trump beats the drums of war at the United Nations

Remember when Trump supporters believed that his “America First” rhetoric meant retreating from America’s role as the world’s policeman engaging in endless wars to a non-interventionist foreign policy and withdrawing behind the walls of a “fortress America”? Suckers, that’s not what Trump meant at all. America First Foreign Policy. This is an aggressive “nationalism” policy litte different from the policy Russia ad China pursue.

U.S. Ambassador to the United Nations Nikki Haley said on Sunday the U.N. Security Council has run out of options on containing North Korea’s nuclear program and the United States may have to turn the matter over to the Pentagon. U.S. Ambassador Haley: U.N. has exhausted options on North Korea:

“We have pretty much exhausted all the things that we can do at the Security Council at this point,” Haley told CNN’s “State of the Union,” adding that she was perfectly happy to hand the North Korea problem over to Defense Secretary James Mattis.

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China has urged the United States to refrain from making threats to North Korea. Asked about President Donald Trump’s warning last month that the North Korean threat to the United States will be met with “fire and fury,” Haley said, “It was not an empty threat.”

“If North Korea keeps on with this reckless behavior, if the United States has to defend itself or defend its allies in any way, North Korea will be destroyed. And we all know that. And none of us want that. None of us want war,” she said on CNN.

“We’re trying every other possibility that we have, but there’s a whole lot of military options on the table,” she said.

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Ducey v. Brnovich on ABOR tuition lawsuit

Doug Ducey, the ice cream man hired by Koch Industries to run their Southwest subsidiary formerly know as the state of Arizona, is an ex officio member of the Arizona Board of Regents (ABOR), recently sued by Attorney General Mark Brnovich in a publicity stunt over high tuition rates at the state universities.

Governor Ducey says his AG Mark Brnovich is full-o-crap. Ducey stands by ABOR, says tuition rates are constitutional:

Arizona’s three universities are in compliance with constitutional requirements to keep instruction “as nearly free as possible,” Gov. Doug Ducey said Thursday, despite what Attorney General Mark Brnovich contends.

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More to the point, the governor said he believes the regents, in setting tuition — and even in imposing sharp increases during the past 15 years — are keeping the cost of instruction within what the constitution requires.

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