Courts & Law

Obama to name three nominees to the D.C. Circuit Court of Appeals – will it lead to ‘nuclear’ winter in the Senate?

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Posted by AzBlueMeanie:

The United States
Court of Appeals for the District of Columbia Circuit, the second most important court in the land behind the U.S. Supreme Court, had four vacancies until recently when Sri Srinivasan was approved unanimously by the Senate to fill a vacancy that had remained vacant for five years due to GOP obstruction and filibusters of President Obama's judicial nominees. With this thaw, President Obama has upped his game and plans to name three nominees to the remaining vacancies on the court on Tuesday. White House Names Three Nominees To D.C. Circuit Court:

President Obama will announce three nominees to fill vacancies on the
D.C. Circuit Court of Appeals on Tuesday morning, a White House
official confirmed to TPM.

The nominees will be attorney Patricia Ann Millett, Georgetown law
professor Cornelia Pillard and U.S. District Court Judge Robert Leon
Wilkins.

“Tomorrow, at 10:15 AM in the Rose Garden, the President will
announce his intent to nominate three candidates for the United States
Court of Appeals for the District of Columbia Circuit,” the White House
official said. “Patricia Ann Millet, who has served in Administrations
of both parties; Cornelia Pillard who served as former Deputy Assistant
Attorney General and former Assistant to the Solicitor General; and
Judge Robert Wilkins, who was confirmed unanimously for the D.C.
District Court in 2010.”

A ‘post-racial society’? Backlash to Cheerios ad says otherwise

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Posted by AzBlueMeanie:

Over the next few weeks, perhaps as early as Monday, the U.S. Supreme Court will decide the affirmative action case of Fischer v. University of Texas at Austin, (11-345), involving the University of Texas at Austin’s
use of race in undergraduate admissions decisions; and  Shelby County v. Holder, (12-96), which involves the question whether Congress’ decision in 2006 to reauthorize Section 5 of
the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act exceeded its authority.

It would be a fairly safe bet that Justices Antonin Scalia and Clarence Thomas will state with certainty, and no sense of irony, that the United States is now a "post-racial society" where racism no longer exists, and public policies to eliminate the vestiges of institutional racism like affirmative action and the Voting Rights Act are no longer needed in a "race-neutral society." One has to wonder what America they live in.

This story over the weekend should cause the Justices to question their "post-racial society" certitude. Backlash greets Cheerios ad with interracial family:

Here we go again, with more proof, if anyone needed it, that the
post-racial American society some hoped the election of an African
American president signified is far from here.

Who would have thought that breakfast cereal would trigger the latest
racial battle line? In this case, a Cheerios ad much like every other
homespun Cheerios ad — with a heart healthy message and loving family –
ran into trouble from some commenters because of the kind of family it
featured. Mom is white, dad is black and their cute little daughter is a
mix of the both of them.

That’s it.

Frank Antenori and Ron Gould are desperate for media attention

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Posted by AzBlueMeanie:

When I opened the Arizona Daily Star this morning, I was treated to a Howard Fischer report on how former state legislators Frank Antenori and Ron Gould are planning a referendum drive should the Arizona legislature enact Governor Jan Brewer's Medicaid (AHCCCS) restoration plan. 2 want Medicaid issue up to voters:

Frank Antenori, who represented Tucson, said Tuesday he already has written commitments from 500 GOP precinct committeemen to gather signatures this summer to refer the issue to the ballot if the proposal by Gov. Jan Brewer is approved by the Legislature. He and Ron Gould of Lake Havasu City need just 86,405 valid signatures within 90 days of the end of the session — whenever that happens — to force the issue to a public vote.

* * *

House Speaker Andy Tobin said Tuesday he has given up on his own bid to make approval of Brewer's plan contingent on voter approval at a special election. Tobin said he cannot line up support in his chamber.

* * *

Antenori said, though, it should be no problem finding enough Arizonans to sign referendum petitions — especially if the measure is sold as a way to kill "Obamacare.''

Just getting the signatures would be a setback for Brewer. The Arizona Constitution says any measure referred to the ballot cannot take effect until voters get a chance to either ratify or reject what lawmakers have approved.

The earliest that could happen is the 2014 general election. Antenori said that delay works in his favor.

Planned Parenthood wins defunding case

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Posted by AzBlueMeanie:

The U.S. Supreme Court on Tuesday declined to hear an appeal from Indiana in the 7th Circuit Court of Appeals involving that state's attempt to defund Planned Parenthood from use of federal Medicaid funds on the theory of "indirectly subsidizing" abortions (state and federal law bans use of these funds for abortions).

The Indiana law is nearly identical to the Arizona law that seeks to defund Planned Parenthood on the same specious grounds, which is on appeal before the 9th Circuit Court of Appeals. The Arizona Republic reports today, Supreme Court declines to hear abortion case:

In a decision that may have implications for Arizona, the
Supreme Court refused to consider Indiana’s appeal of a lower-court decision
striking down its denial of Medicaid funds to health-care providers that
perform abortions. The law was challenged by Planned Parenthood.

A similar Arizona abortion law is on hold pending appeal
to the 9th U.S. Circuit Court of Appeals. A hearing in that case is
scheduled for June 12.

* * *

The Indiana law aimed to deny Planned Parenthood funds
from the joint federal-state Medicaid health program for the poor that
are used for general health services, including cancer screening.

Federal Judge enjoins racial profiling by crazy Uncle Joe Arpaio and his MCSO

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Posted by AzBlueMeanie:

Remember when crazy Uncle Joe Arpaio, Sheriff of Maricopa County, told his ardent critics who accused him of having a policy of unlawful racial profiling of Latinos to "prove it" in court? Be carfeful what you wish for, old man.

Today, U.S. District Court Judge G. Murray Snow specifically found from the evidence presented at trial that the Maricopa County Sheriff's Office has a policy of unlawful racial profiling of Latinos, and issued an order enjoining that policy, with a 142 page Findings of Fact and Conclusions of Law.
(.pdf). Awesome!

If you don't have time to read 142 pages, Stephen Lemons at the Phoenix New Times has his celebratory take, Joe Arpaio's Doomsday: Arpaio Loses ACLU Civil Rights Lawsuit, MCSO Enjoined from Racially Profiling Latinos:

U.S. District Judge G. Murray Snow just handed the ACLU, the Mexican
American Legal Defense and Educational Fund, the law firm Covington
& Burling, all Latinos and everyone who has strived for justice in
Maricopa County a reason to celebrate over the long holiday weekend by
ruling against Sheriff Joe Arpaio in the big Melendres v. Arpaio racial profiling lawsuit.

Essentially, Snow found that the MCSO does engage in racial profiling and discrimination, and he has ordered it to stop.