Civil & Human Rights

In the U.S. Supreme Court this week

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Posted by AzBlueMeanie:

The U.S. Supreme Court at its Conference on Friday considered the Ninth Circuit Court of Appeals decision striking down the Arizona Tea-Publican legislature's 20-week abortion restrictions, Horne v. Isaacson (13-402).This case was not among the eight cases granted immediately after the Conference on Friday. Additional orders from the January 10 Conference are due on Monday morning at 9:30 a.m. EST.

Monday is also the first day of the January sitting.On Monday the Court will hear oral arguments in National Labor Relations Board v. Noel Canning, the challenge to the constitutionality of the president’s recess appointments to the NLRB. The patrician prevaricator for the plutocracy, George Will, clutches his pearls and whines mightily about the president's recess appointments, while ignoring the unprecedented partisan obstruction of the president's appointments by the Tea Party tyranny of the minority in A defining moment for the Court, while the New York Times editorializes today, correctly, Protect the President’s Appointments. That's a big "screw you George Will."

On both Tuesday and Wednesday one or more opinions in argued cases are expected to be announced. The campaign finance case of McCutcheon v. FEC heard in October? It's possible.

Stand With Arizona Women Rally

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Posted by AzBlueMeanie: Reminder from Arizona List: Stand with Arizona Women! Rally for Women's Healthcare Arizona State Capitol Opening Day 2014  Arizona State Legislature Monday, January 13th, 2014 10 am to noon Wear orange and bring a sign! We know this is going to be a tough legislative session. We have to put state leaders … Read more

So does this mean that Jan Brewer is running for governor?

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Posted by AzBlueMeanie:

Presente_LicensePlateAZ_300pxThe Accidental Governor, Jan Brewer, was on her way to becoming a footnote in history in 2010 until she embraced SB 1070 and churned up anti-immigrant hysteria to ride to victory.

As Brewer's PR guy Howie Fischer frequently reminds readers, Jan Brewer has not yet declared if she will be a candidate for governor this year (which would require a legal challenge to Arizona's term-limit provisions).

Jan Brewer is embracing SB 1070 again. So does this mean that Jan Brewer is running for governor? Howie Fischer reports, Brewer asks Supreme Court to allow expanded SB 1070 enforcement:

Brewer_hateGov. Jan Brewer is asking the nation’s high court to let Arizona enforce a 2010 law making it a crime to knowingly transport or harbor illegal immigrants.

Legal papers filed Monday on the governor’s behalf at the Supreme Court contend there is nothing improper about the state having its own laws aimed at controlling immigration. John Bouma, Brewer’s chief legal counsel, said the fact that there are federal laws criminalizing the same conduct does not pre-empt state action.

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The law in question makes it illegal for someone to transport, conceal, harbor or shield anyone unlawfully present in this country or “encourage or induce the alien to come to or live in Arizona.”

It is part of SB 1070, a broader package of measures designed to give police more power to question and detain those they believe are in the country illegally. Several provisions already have been voided by courts, including three by the Supreme Court itself, as preempted by federal law.

Reminder: Arizona State Hearing – National Commission on Voting Rights

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Posted by AzBlueMeanie: Arizona Hearing on Voting Thursday, January 9, 2014 10:00am – 5:00pm ASU College of Law Armstrong Hall – Great Hall 1100 S. McAllister Ave. Tempe, AZ 85287 View Map | Get Directions Register Now at AZHearing.lawyerscommittee.org ASL and Spanish interpretation will be provided Attention voters, activists, elections officials and all with a … Read more

Marriage Equality in the Courts – now includes Arizona

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Posted by AzBlueMeanie:

On Monday, the U.S. Supreme Court issued a stay order in the Utah marriage equality case, pending the appeal in the Tenth Circuit Court of Appeals which has ordered a expedited briefing schedule. Lyle Denniston at SCOTUSblog.com reports, Court stops Utah gay marriages (UPDATED):

EqualThe Supreme Court on Monday morning put on hold a federal judge’s decision striking down Utah’s ban on same-sex marriage, thus stopping a wave of such marriages across the state.  The Court’s order reinstates the state ban and will keep it intact until after a federal appeals court has ruled on it.

The order appeared to have the support of the full Court, since there were no noted dissents.  The ruling can be interpreted as an indication that the Court wants to have further exploration in lower courts of the basic constitutional question of state power to limit marriage to a man and a woman.  Had it refused the state’s request for delay, that would have left at least the impression that the Court was comfortable allowing same-sex marriages to go forward in the thirty-three states where they are still not permitted by state law.

The order, however, cannot be interpreted as a dependable indication of how the Court will rule on the issue when it finally decides to do so directly.

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As a result of the new order, the U.S. Court of Appeals for the Tenth Circuit, based in Denver, will go forward with an expedited review of Judge Shelby’s decision.  The appeals court has ordered briefing to begin on January 27 and to be completed by February 25.  It has indicated it is not likely to grant any extensions of time to file those documents.  It has not yet set a hearing date.

With the Justices’ order in the case, it now appears almost certain that the question of state power to bar same-sex marriages will not be before the Justices during the current Term.  A case on that issue would have to be granted this month to be reviewed before the Court is expected to finish this Term in late June.