Courts & Law

Voter ID ‘unconstitutional’ in Wisconsin and Pennsylvania

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Rick Hasen at Electionlawblog breaks down the Voter ID case in Wisconsin, which included a Section 2 Voting Rights Act enforcement claim. Breaking News: Federal District Court Strikes Wisconsin Voter ID in ACLU Case:
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Here are my initial thoughts on Frank v. Walker, in which a federal district court held that Wisconsin’s voter id law both violates the Constitution and Section 2 of the Voting Rights Act:

1. This is about the best possible opinion that opponents of voter identification laws could have hoped for. It is heavy on both facts and on law.  It is thoughtful and well written. It finds that a voter id law serves neither an anti-fraud purposes (because “virtually no voter impersonation occurs in Wisconsin and it is exceedingly unlikely that voter impersonation will become a problem in Wisconsin in the foreseeable future”) nor voter confidence purposes. It finds that it burdens lots of voters (up to 300,000) voters. It finds these burdens fall especially on Black and Latino voters and that the reason is does is poverty, which is itself the result of prior legal discrimination.It enjoins enforcement of the law for everyone, and expresses considerable doubt that the Wisconsin legislature could amend the law to make it constitutional.  It is about as strong a statement as one might imagine as to the problems the voter id law.

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AIRC Update: District Court rejects Tea-Publican challenge to legislative district maps

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gavelHarris, et al. v. Arizona Independent Redistricting Commission (CV-12-0894-PHX-ROS-NVW-RRC) was heard at trial in March 2013, with supplemental briefings requested by the Court in the wake of the U.S. Supreme Court decision in Shelby County v. Holder effectively gutting Section 5 of the Voting Rights Act of 1965.

The wheels of justice turn slowly, but today a three judge panel of the U. S. District Court of Arizona rejected the challenge by Tea-Publicans to the Arizona Independent Redistricting Commission (AIRC) legislative maps. I don’t presently have a copy of the ruling. The Arizona Capitol Times (subscription required) reports Court rejects challenge to IRC’s legislative map:

A federal three-judge panel ruled that the Arizona Independent Redistricting Commission does not have to redraw any portion of its legislative district map, rejecting the claims from Republican challengers who that alleged the map violated the one-person-one-vote principle.

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For DREAMers, Fred DuVal for Governor

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DREAmactThe Arizona Republic today takes a look at the gubernatorial candidates’ position on Governor Jan Brewer’s 2012 executive order banning an Arizona driver’s license to the children of undocumented immigrants aka the DREAMers, in response to President Barack Obama’s deferred-action program, which allows undocumented immigrants who were brought to the U.S. as children to get work permits and remain in the country for up to two years without fear of deportation.

Thousands of U.S. citizens and legal immigrants have also been inconvenienced by the unforeseen consequences of Gov. Brewer’s 2012 executive order  aimed at keeping young undocumented immigrants from getting drivers licenses. ‘Dreamer’ license ban affects citizens.

A three-judge panel of the 9th U.S. Circuit Court of Appeals heard oral arguments in Arizona Dream Act Coalition, et al. v. Janice Brewer, et al., the case challenging Brewer’s executive order in December. Brewer can’t defend her denial of driver’s licenses to Dreamers. A decision is pending.

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Politicians looking out for #1

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Rep. J.D. Mesnard got what he wanted before the Arizona legislature went sine die early this morning.

His earlier campaign finance limit law increasing contribution limits was interpreted by the Secretary of State to require separate campaign committees for primary and general elections, and separate accounting. It also disallowed transferring funds between these accounts. Mesnard needed an emergency clause for his “fix” to to the law to take effect upon the governor’s signature.

In the end, politicians look out for #1: HB 2665 (.pdf) passed the Senate on a 22-6-3 vote, and passed the House 52-5-3. The Senate version of the bill, in which the House concurred, contained an emergency provision, and two-thirds of each chamber voted for the bill. The bill also has a retroactivity clause.

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AZ Court of Appeals revives GOP legislators’ challenge to Gov. Brewer’s Medicaid (AHCCCS) expansion

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Cartoon_08The real “Obamacare death panel” — 36 Arizona Tea-Publican legislators and their lawyers at the “Kochtopus” Death Star, The Goldwater Institute — in their quest to overturn Governor Jan Brewer’s Medicaid (AHCCCS) expansion plan to deny health care to tens of thousands of Arizonans who now have access to health care, were thrown a lifeline today by a panel of the Arizona Court of Appeals.

The Arizona Capitol Times (subscription required) reports Dealing blow to Brewer, appeals court says Medicaid expansion lawsuit can move forward:

The Arizona Court of Appeals ruled today that a group of Republican lawmakers has standing to challenge the hospital assessment that funds Gov. Jan Brewer’s Medicaid expansion program.

The decision gives opponents the opportunity to argue that the law was unconstitutional because it didn’t garner a two-thirds vote in the Legislature.

The case now threatens what is arguably Brewer’s greatest achievement as governor. The assessment on hospitals, which pays for the state’s share of Medicaid expansion, is the lynchpin of the Brewer’s plan.

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