Civil & Human Rights

Arizona’s lawless legislature continues its losing streak in court over its anti-immigrant laws

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gavelLast month, the Ninth Circuit Court of Appeals sitting en banc struck down Proposition 100 (2006), which amended the Arizona Constitution to deny bond to undocumented immigrants charged with “serious” crimes. The case is Angel Lopez-Valenzuela v. Joe Arpaio, (No. 11-16487). You can read the Opinion Here (.pdf).

The en banc Court reversed a three judge panel of the Ninth Circuit upholding the district court’s grant of summary judgment. Prop. 100 “violates the substantive component of the Due Process Clause of the 14th Amendment.”

On Friday, U.S. Supreme Court Justice Anthony Kennedy temporarily blocked implementation of the ruling by the 9th U.S. Circuit Court of Appeals. Kennedy gave no reason for his order. Reversal of Arizona’s immigrant no-bail law blocked:

Friday’s order is at least an interim victory for Maricopa County Attorney Bill Montgomery who has been defending the law.

He contends there are legitimate reasons to conclude that those accused of certain serious crimes who are in the country illegally are less likely to show up for trial. And Montgomery said the 9th Circuit got it wrong in concluding such a blanket rule is unconstitutional.

But the stay may be brief. Kennedy gave the American Civil Liberties Union, which is challenging the law, until the end of the day Monday to convince him and his colleagues that the high court should stay out of the fight.

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10th Circuit Court of Appeals strikes down proof-of-citizenship requirement for National Voter Registration Form

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NoVoteA panel of the 10th Circuit Court of Appeals on Friday, in a unanimous decision, struck down Arizona’s Prop. 200 (2004) proof-of-citizenship requirement for voter registration and a similar provision of Kansas law in Kobach v. U.S. Election Assistance Commission (Nos. 14-3062 and 14-3072). Specifically, this case concerns whether Arizona and Kansas have to accept the federal National Voter Registration Form without additional proof of citizenship. The Arizona Voter Registration Form proof-of-citizenship requirement has previously been upheld by the Courts.

Read the Opinion Here (.pdf).

The Kansas City Star reports, Federal appeals court rejects citizenship proof rule for Kansas voters:

A federal appeals court on Friday handed a significant setback to Kansas Secretary of State Kris Kobach’s efforts to require all new and re-registering voters to provide a document proving citizenship.

The 10th Circuit Court of Appeals in Denver ruled that Kansas cannot require proof-of-citizenship documents — almost always a birth certificate or passport — from prospective voters who register using a federal voter registration form. The court also said that a federal agency doesn’t have to alter the form to fit Kansas requirements.

Arizona has a similar proof-of-citzenship requirement, and Kobach argued the case on behalf of both states in conjunction with Arizona Secretary of State Ken Bennett.

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Book Review: Black Prophetic Fire

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If you admire great intellect and appreciation for nuance, you’ll love Black Prophetic Fire, by Cornel West and Christa Buschendorf. Although it’s written in Q and A format, it’s more of a discussion between West and Buschendorf. Together, they explore the lives and explain the seeming contradictions of six great Black American firebrands for justice, prophets, if you will, including MLK and Malcolm X. Their objective is to understand what it will take for a Black prophet to emerge today.

And that’s why I read it.

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1858 Redux: Lessons from the Town 10 Miles from Sin

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A hotbed of free thought and equality since it was founded as Christian Perfectionist community in 1833, Oberlin, Ohio has been credited with starting the Civil War. In the early 1800s, Ohio was a free state, and Oberlin was a key stop along the Underground Railroad which helped fugitive slaves escape from the south and … Read more

Top 20 Reasons Why Republicans Want to Repeal Obamacare (video)

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elysium-NLIn Elysium, Matt Damon’s 2013 post-apocalyptic drama, the 1% are safely ensconced on a idyllic floating space station (Elysium). In contrast, the 99% toil in poverty and grime and suffer from police oppression on Earth, which has been destroyed by pollution and over-crowding.

Early on in Elysium, Damon, a former thug who works in a giant factory with no safety equipment, workplace regulations, or human resources protections, has an industrial accident and is exposed to a lethal dose of radiation. Fellow workers hear his screams from the radiation chamber and try valiantly to get him out, but the supervisor tells them to leave him in there and go back to work “because he’s already dead”. After the exposure, they drag Damon out (literally) and take him to the factory clinic. When the CEO sees him, he tells the supervisor to send Damon home before he soils the sheets. At several junctures in the movie, the dire, dirty conditions on Earth are juxtaposed with the gleaming perfection of Elysium, but the contrast in healthcare is the most stark. On Elysium, people have high-tech, full-body scanners that can cure all diseases. On Earth, people are left to die.

At one point, the CEO says to a worker whose daughter is dying, “This isn’t Elysium. We can’t just heal her.” This movie is the Koch Brothers’ wet dream and our nightmare. If the Republican Party could get away with it, this is where we will be by 2154 (the date of the movie) or sooner. Getting rid of the Affordable Care Act and social safety net programs are the first steps.

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