Courts & Law

A major breakthrough in judicial nominations

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Posted by AzBlueMeanie:

For five years, Senate Republicans led by the Septegenarian Ninja Turtle, Mitch McConnell (R-KY), have systematically abused the Senate filibuster rules in partisan warfare to block President Obama's judicial nominees. There are currently four vacancies on the U.S. Court of Appeals for the District of Columbia Circuit as a result of this unprecedented partisan obstruction by the GOP.

Today there is one less vacancy. The Septegenarian Ninja Turtle finally had to cave on his filibuster strategy and —surprise! — President Obama's nominee to the  U.S. Court of Appeals for the District of Columbia Circuit was approved unanimously 97-0, after pending for almost a year. 

Steve Benen writes, Senate unanimously approves Srinivasan:

Of all the recent judicial confirmation votes, today's was the most important.

After five years of trying, President Barack Obama has placed his first nominee on a key appeals court in Washington.

The Senate voted unanimously on Thursday to confirm Sri Srinivasan to
the U.S. Court of Appeals for the District of Columbia Circuit. The
court is considered the most important in the country after the Supreme
Court. The Senate voted 97-0 in favor of his nomination.

Srinivasan is currently the principal deputy in the Office of the
Solicitor General. He has worked in both Democratic and Republican
administrations and served as a law clerk to former U.S. Supreme Court
Justice Sandra Day O'Connor.

‘Gang of Eight’ immigration reform bill advances in the Senate

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Posted by AzBlueMeanie:

Sausage makerIt has often been said that people do not want to see the "sausage making" process of legislation, and nowhere is that a truer statement than with the "Gang of Eight" immigration reform bill.

After multiple attempts by Tea Party senators to add "poison pill" amendments to kill the bill — all defeated — there was a death-defying friendly amendment offered yesterday by Sen. Patrick Leahy (D-VT) to treat gay partners equally under federal law for immigration purposes. Tea-Publicans howled that this was a deal breaker, and Sen. Leahy eventually withdrew his amendment.

Of course, Advocates
were outraged at lack of LGBT protection in immigration bill. This is a timing problem. This bill needs to move forward in the Senate now. The U.S. Supreme Court is not expected to rule on the Defense of Marriage Act (DOMA) until June. Should the Court strike down DOMA, as most court observers anticipate, it would remove the obstacle to treating gay partners equally under federal law. The immigration bill will still be going through the "sausage making" process, and may be amended to respond to any Supreme Court ruling. Patience and perseverance are virtues in the "sausage making" process.

So it is good news that the Senate Judiciary Committee on Tuesday approved its final mark-up of the comprehensive immigration reform bill on a vote of 13 to 5. Senate
panel approves sweeping immigration reform bill:

After five days of debate over dozens of amendments, the Judiciary
Committee voted 13 to 5 in support of the bill, with three Republicans
joining the committee’s 10 Democrats. The legislation emerged with its
core provisions largely intact, including new visa programs for
high-tech and low-skilled workers and new investments in strengthening
border control.

“The dysfunction in our current immigration system affects all of us
and it is long past time for reform. I hope that our history, our
values, and our decency can inspire us finally to take action,”
committee Chairman Patrick J. Leahy (D-Vt.) said. “We need an
immigration system that lives up to American values and helps write the
next great chapter in American history by reinvigorating our economy and
enriching our communities.”

The Arizona Republic might want to rethink this strategy

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Posted by AzBlueMeanie: The Arizona Republic has an editorial opinion today giving their direction to the Arizona House of Representatives on Governor Jan Brewer's Medicaid (AHCCCS) restoration plan, which could have just as easily been summed up in three words with a Nike ad: "Just do it." Our View: No time to punt on Medicaid. … Read more

9th Circuit Court of Appeals strikes down Arizona’s 20-week abortion ban

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Posted by AzBlueMeanie:

It looks like the "Mayor" of Washington, D.C., Rep. Trent Franks (R-AZ), has a bit of a problem with his plan to take his anti-abortion crusade nationwide. The 9th Circuit Court of Appeals struck down Arizona's 20-week abortion ban law today. Doh! Court Strikes Down Arizona 20-Week Abortion Ban:

TalibanThe 9th U.S. Circuit Court of Appeals said the law violated a woman's
constitutionally protected right to terminate a pregnancy before a fetus
is able to survive outside the womb. "Viability" of a fetus is
generally considered to start at 24 weeks. Normal pregnancies run about
40 weeks.

Nine other states have enacted similar bans starting at 20 weeks or even
earlier. Several of those bans had previously been placed on hold or
struck down by other courts.

Judge Marsha Berzon, writing for the unanimous three-judge panel on the
San Francisco-based court, said such bans before viability violate a
long string of U.S. Supreme Court rulings starting with the seminal Roe
v. Wade decision in 1973.

The judge wrote that "a woman has a constitutional right to choose to terminate her pregnancy before the fetus is viable."

Gov. Jan Brewer signed the ban into law in April 2012 after it was
approved by the Republican-led Legislature. Supporters said the law was
meant to protect the mother's health and prevent fetuses from feeling
pain. U.S. District Judge James Teilborg ruled it was constitutional,
partly because of those concerns, but the 9th Circuit blocked the ban
from going into effect until it ruled.

Lawyers representing Arizona argued that the ban wasn't technically a
law but rather a medical regulation because it allowed for doctors to
perform abortions in medical emergencies. Berzon rejected that reasoning
and deemed the legislation a law banning abortions before a fetus is
viable.

"The challenged Arizona statute's medical emergency exception does not
transform the law from a prohibition on abortion into a regulation of
abortion procedure," Berzon wrote. "Allowing a physician to decide if
abortion is medically necessary is not the same as allowing a woman to
decide whether to carry her own pregnancy to term."

Berzon was joined by judges Mary Schroeder and Andrew Kleinfeld.

The ‘Mayor’ of Washington, D.C. wants to take his anti-abortion crusade nationwide

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Posted by AzBlueMeanie:

This guy, again . . . last month I posted about Rep. Trent Franks still fancies himself 'Mayor' of Washington, D.C.:

When Rep. Trent Franks (R-AZ) is not channeling Joe McCarthy with his
Islamophobia conspiracy theories about how the Council on American
Islamic Relations tried to plant "spies" in the national security
apparatus, House Republicans accuse Muslim group of trying to plant spies, or claiming that African-Americans were better off under slavery than they are today (why? Because "abortion!"), or declaring that President Obama is one of the most dangerous enemies facing America today and "an enemy of humanity", or threatening to impeach President Obama
over his refusal to defend the discriminatory Defense of Marriage Act,
this Christian Right anti-gay, anti-abortion zealot fancies himself the
"Mayor" of Washington, D.C., proposing to outlaw the constitutional
right to a safe abortion in the District.

Apparently "Mayor" of Washington, D.C. is no longer good enough for Franks. Not content with attempting to impose his anti-abortion crusade upon the women who live in the nation’s capital, Rep. Trent Franks  now intends to take his anti-abortion crusade nationwide with a bill to criminalize abortions after 20 weeks. Arizona Congressman Wants To Expand His DC Abortion Ban To Restrict Reproductive Rights Nationwide:

Franks, who invoked the illegal abortion provider Kermit Gosnell to justify his decision to re-introduce a 20-week abortion ban in DC, now says that Gosnell’s crimes have compelled him to amend his bill so it applies to women across the country.

The Arizona congressmember announced his decision to expand his bill on Friday.