Courts & Law

(Update) Judge sends Arizona Prop. 200 voter registration case back to the EAC

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Posted by AzBlueMeanie:

The Wichita Eagle reports today, Judge sends voter citizenship suit back:

A federal judge has sent back to federal elections officials a request by Kansas and Arizona to force modifications in a national voter registration form so the states can fully enforce proof-of-citizenship requirements.

U.S. District Judge Eric Melgren on Friday sent the states' lawsuit back to the U.S. Election Assistance Commission, with instructions that the commission has to have a final decision by Jan. 17.

The states want the federal form to include instructions requiring Kansas and Arizona residents to provide a birth certificate, passport or other proof of U.S. citizenship when registering to vote.

The Justice Department says such a change places an additional obstacle for eligible voters and would affect nationwide policy by setting a precedent.

Well Judge, here's the problem with your order. The EAC has no commissioners to comply with your order.

Senate Tea-Publicans have used obstruction of presidential appointments to the EAC to "nullify" the agency out of existence without ever enacting legislation to terminate the agency. This unprecedented form of "nullification" is being remedied with executive and judicial nominees now that Democrats exercised the constitutional option to eliminate the Senate filibuster rule, but the confirmation process has not yet made it down to presidential appointments to the EAC.

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

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Posted by AzBlueMeanie:

The Arizona Republic reports, Medicaid battle heads to court:

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

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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.

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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.

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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

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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

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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

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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.)