Courts & Law

Motion to Dismiss in AZ AHCCCS expansion case to be heard today

by

Posted by AzBlueMeanie:

The Arizona Republic reports, Medicaid battle heads to court:

The battle over Medicaid expansion in Arizona moves to the courtroom today[.]

* * *

Led by Senate President Andy Biggs, R-Gilbert, and House Speaker Andy Tobin, R-Paulden, all but two of the lawmakers who were on the losing side of the June vote sued to challenge one of the biggest public-policy changes in Arizona in decades.

They are joined by two residents and the director of the Arizona branch of the limited-government advocacy ["Kochtopus"] group Americans for Prosperity. [The "Kochtopus" Goldwater Institute is providing the lawyers.]

The case revolves around whether the Legislature had the authority to approve the funding plan that would be used to pay the state’s share of expanded Medicaid coverage.

* * *

The GOP lawmakers and allies argue that because the tax vote fell short of the two-thirds supermajority needed to approve a tax, the move was unconstitutional.

They also argue that Brewer’s plan violates the separation of powers because it allows an executive-branch agency, AHCCCS, to set that rate, rather than the Legislature.

* * *

Brewer, along with her supporters, is asking Judge Katherine Cooper to dismiss the lawsuit, arguing that none of the plaintiffs have proper legal standing to challenge the policy move.

Arizona Prop. 200 voter registration case to be heard Friday

by

Posted by AzBlueMeanie: Press release from the Brennan Center for Justice: Federal Court in KS to Hear Arguments on KS, AZ Voter Reg Restrictions The U.S. District Court in Wichita will hear arguments tomorrow, December 13, in Kris W. Kobach et al. v. United States Election Assistance Commission, which seeks to undermine federal voter protections … Read more

‘Tenther’ Sen. Kelli Ward wants to ‘nullify’ the NSA

by

Posted by AzBlueMeanie:

Screenshot-11The Neo-Confederate Birthers-Birchers-Secessionists of the Tea Party are gearing up for the next session of the Arizona Legislature with yet another state sovereignty and nullification of federal law measure.

These Neo-Confederate dead-enders just never give up their long discredited theories of interposition, nullification and secesssion in their never-ending insurrection against the federal government.

Sen. Kelli Ward (R-Lake Havasu City), who last session sponsored model legislation for the Firearms Freedom Act and Federal Gun Laws Nullification, this session plans to introduce model legislation to nullify the capabilities of the National Security Agency (NSA) in Arizona — you know, the spy agency that keeps Americans safe from the Hezbollah Muslim terrorists and Chicoms these same paranoid teabaggers believe are invading the U.S. across the Mexican border.

The Arizona Capital Times (subscription required) reports Senator hopes to curtail NSA activities in Arizona:

Arizona may be the first state to consider legislation designed to hinder the National Security Agency’s ability to spy within its borders.

Sen. Kelli Ward, R-Lake Havasu City, announced Monday she’ll introduce legislation next session that would “nullify” the NSA’s capabilities in Arizona by encouraging state agencies, counties, municipalities and local law enforcement to refuse to cooperate with NSA operations.

Information collected by the NSA in Arizona without a warrant would be banned from use by law enforcement and deemed inadmissible in court, Ward said.

Agencies and companies would face penalties if they aid the NSA and state funding would be cut off in the case of agencies and municipalities.  Companies that, for example, provide water or electricity to NSA facilities in Arizona would be banned from contracting with the state at any level of government.

Ward said the 4th Amendment Protection Act, model legislation pushed by constitutional-rights organization the Tenth Amendment Center, isn’t meant to punish local governments and state agencies, but is more of a disincentive to the NSA if it wants to conduct surveillance in Arizona.

I would dispute the "constitutional-rights organization" characterization of what this "Tenther" organization is about. It promotes state sovereignty ("states' rights"), interposition and nullifcation of federal laws, theories long discredited since the end of the Civil War and the adoption of the 14th Amendment. Not to mention the Supremacy Clause of the Constitution.

The looting of public employee pensions

by

Posted by AzBluMeanie:

PensionsLast week, a federal judge approved the Chapter 9 municipal bankruptcy for the city of Detroit. Detroit eligible for nation's largest municipal bankruptcy filing, federal judge rules. The target of this bankruptcy are the public employee pensions.

Initial reports are that the Detroit bankruptcy proposal would leave pensioners with 16 cents on the dollar. This is despite the fact that Michigan’s state constitution, like those of many other states (including Arizona), specifically protects the pension rights of public employees.

U.S. bankruptcy judge Steven Rhodes set a crucial precedent on a municipality’s right to cut pension benefits through the Chapter 9 process. Detroit judge's pension ruling is no panacea for beleaguered cities:

“Municipal pension rights are contract rights, and…the impairment of such contract rights in a municipal bankruptcy case is a regular part of the process,” Rhodes concluded, according to a court-issued summary of his findings. “Because the State of Michigan authorized the filing of this case, municipal pension rights in Michigan can be impaired in this bankruptcy case, just like any other contract rights.” (Rhodes read his eligibility ruling from the bench; a written opinion is to follow.)

Ending the filibuster finally bears fruit

by

Posted by AzBlueMeanie:

Chris Hayes on his program All In has been doing a series this week called "Bizarro Congress," a Congress that actually does its job addressing the needs of the country, instead of the less than "less than do nothing" 113th Congress we actually have now — the Worst. Congress. Ever.

Last month Senate Democrats finally exercised the constitutional option (aka the nuclear option as preferred by the media villagers) to end the Senate's super-majority cloture rule for debate, colloquially known as the filibuster. This weapon of mass destruction had been used by Tea-Publicans to paralyze the U.S. Senate and to render it entirely dysfunctional.

Today, ending the filibuster finally bears fruit by restoring some functionality to the U.S. Senate. Senate Democrats confirm judge using new rules to thwart filibusters:

Democrats successfully utilized new Senate rules Tuesday to confirm one of President Obama's picks to serve on a key federal court and to proceed with final debate on another nominee to lead a federal housing agency.

Under new rules requiring just a majority of senators to agree to proceed to final debate on most confirmation votes, senators voted 56 to 38 to confirm Patricia A. Millett to serve on the U.S. Court of Appeals for the District of Columbia, one of the nation's most influential federal courts. She will be the first of three picks by Obama to join what is broadly considered the second-most important federal court in the nation because it handles cases regarding federal regulations.