Courts & Law

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.

The ‘Kochtopus’ Death Star seeks to privatize education for profit

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Posted by AzBlueMeanie: David Safier has posted about the plans of the "Kochtopus" Death Star, the Goldwater Institute, to "voucherize", i.e., privatize education in Arizona for profit. "Vouchers on steroids" for all!. This is a clear violation of the Arizona Constitution which prohibits state funding to private and parochial schools: Article 2, Section 12: "No … 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.

A counter-movement to anti-choice extremism

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Posted by AzBlueMeanie:

A new study shows more abortion restrictions went into effect in the last three years than in the previous decade. States pass record number of abortion laws:

State legislatures have passed more laws restricting access to abortions in the last three years than they did in the decade beforehand, according to a new study.

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The Washington Post's Sarah Kliff explains:

What made 2010 such a boom year for abortion restrictions? It’s hard to pinpoint a particular reason, but a few factors do stand out. First, Republicans took control of lots of state legislatures in the 2010 midterm elections, allowing them to pass more restrictions than was politically feasible in the past. The Affordable Care Act also ignited a fight over abortion policy, particularly whether federal funds would help pay for abortions (when Americans used their tax subsidies to purchase health insurance coverage). That fight spilled over to state legislatures – the ones that Republicans had recently come to control – and many passed laws restricting insurance coverage of abortion.

Lastly, the focus on late-term abortion, with the 20-week abortion bans, likely played a role, too. As the Guttmacher Institute reports, those bans proliferated quickly, after Nebraska passed the first such law back in 2010. While the majority of Americans do support legal abortions in the first trimester of pregnancy, support for abortion rights falls significantly when you get into second and third trimester terminations. That drop-off in public support could have laid the groundwork for the success of the late-term restrictions.

Ninth Circuit Marriage Equality case again delayed for briefing

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Posted by AzBlueMeanie: Equality on Trial reports that Sevcik v. Sandoval (No.12-17668), the marriage equality case from Nevada before the Ninth Circuit Court of Appeals is again delayed for briefing: Briefing in the challenge to Nevada’s same-sex marriage ban has been delayed further. The new request for delay came from the defendants, who haven’t yet … Read more