Courts & Law

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.

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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.

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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.

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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.

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.”