First Monday in October

Posted by AzBlueMeanie:

GavelThe U.S. Supreme Court opens its new term on the first Monday in October. Last week the Court held its pre-term conference. One decision was reached at conference. The Court — by an apparent unanimous vote — told lower-court judges not to insist on close-to-zero differences in the population of each of a state’s districts for choosing members of the U.S. House of Representatives. Lyle Denniston reports, Opinion recap: Hedging on “one person, one vote” : SCOTUSblog:

Zero variance” in population is not the new constitutional norm for redistricting, the Court made clear.  Just because computers can produce almost exactly equal-sized districts, the Constitution does not require it, the decision said.

After sitting on the case from West Virginia all summer long, the Court produced an eight-page, unsigned ruling that largely deferred to the wishes of that state’s legislature on how to craft the three districts for choosing its House delegation.  The opinion can be found here.  

* * *

Tuesday’s ruling gave state legislators constitutional permission to have some variation in size between congressional districts, if the lawmakers do so to protect incumbents from having to run against each other, to avoid splitting up counties, and to avoid moving many people into a new district from the one where they had previously cast their votes.   In what appeared to be a novel new declaration, the Court stressed that lower courts should not demand that a state prove specifically how each of those goals would be satisfied by moving away from equally populated districts.    And, in another legal innovation, the Court said that a variation that is not really very big does not become a constitutionally suspect one just because a sophisticated computer program could be used to avoid nearly all such variations.

If the difference between a state’s largest House district and its smallest one is small — such as the 0.79% deviation in the West Virginia plan — that does not become unconstitutionally large just because it could be avoided by “technological advances in redistricting and mapping software.”

The GOP war on voting: Pennsylvania judge prepares to enjoin voter ID law

Posted by AzBlueMeanie:

Last week the Pennsylvania Supreme Court punted the voter ID case back to the trial judge with instructions to reconsider the evidence and to enter an injunction if the evidence shows that the state's new voter ID law cannot be liberally applied to prevent the disenfranchisement of any voter of their state constituional right to vote.

On Tuesday, the trial court judge began a supplemental evidentiary hearing and instructed attorneys to begin preparing an injunction. Pennsylvania voter ID requirements change – Pittsburgh Post-Gazette:

The state judge listening to a new round of arguments on the state's voter identification law concluded the day-long session by directing attorneys to come prepared Thursday to argue what they think a potential injunction should look like.

Commonwealth Court Judge Robert Simpson said it's his responsibility to consider the possibility of halting the new law — which requires all voters present a photo ID card with an expiration date in order to cast a ballot — and how to tailor such an action so that it addresses why the law isn't being properly implemented.

"I think it's possible there could be an injunction entered here," he said. "I need some input from people who have been thinking about this longer than I have."

WaPo editorial opinion: The ‘Show Me Your Papers’ state

Posted by AzBlueMeanie:

Both The Arizona Republic and the Arizona Daily Star subscribe to the syndicated Washington Post op-eds. Somehow I don't think they will be republishing today's editorial opinion from the Washington Post. Arizona’s bad immigration law takes effect:

Presente_LicensePlateAZ_300pxAFTER A TWO-YEAR struggle, a federal judge this week authorized Arizona law enforcement agencies to require officers to check the immigration status of anyone they suspect is in the country illegally. Wearing the wrong clothes, speaking with the wrong accent or having the wrong skin color could land you in hot water in Arizona.

The state’s “show me your papers” provision — one of the most bitterly contested parts of the obnoxious immigration law enacted in 2010 — is the second such measure to receive a green light from federal courts. The first was from Alabama, where a similar policy was implemented about a year ago.

There, according to a recent report by the National Immigration Law Center, an immigrant advocacy group, law enforcement officers have created an “environment of racial profiling” that has encouraged private citizens to discriminate and abuse people they regard as foreign. The report, based on thousands of calls to a hotline, recounted instances of Hispanics, including legal residents, who were repeatedly stopped by police on flimsy pretexts and, in some cases, subjected to prolonged roadside detentions.

Arizona has a far larger population of Hispanics than Alabama does, including citizens, legal residents and illegal immigrants. Many of them have good reason to brace for similar treatment. Although the Supreme Court upheld Arizona’s “show me your papers” provision, the justices warned that it could be struck down if it gave rise to a documented pattern of racial profiling or if it caused detentions to be prolonged. The Alabama case suggests that is highly likely.

West Wing ‘walk & talk’ web ad for MI Supreme Court race

Posted by AzBlueMeanie:

From The Last Word blog: A handful of actors from the Emmy award-winning TV series West Wing reprised their
roles in a campaign ad for the real-life sister of Mary McCormack, a.k.a Deputy
National Security advisor Kate Harper. This is some heavy hitter advertising for a down ballot judicial race. 'West Wing' reunites to walk and talk the vote:

Bridget Mary McCormack is running for Michigan state Supreme Court.
In a sketch littered with inside jokes, The West Wing team came together
to bring attention to the not-so-sexy issue of filling out the
non-partisan section of the voting ballot. This is how Michigan and 14
other states select their supreme court justices. As Bradley Whitford,
who reprised his role as Josh Lyman, explains, “In non-partisan
elections all across America, voters are leaving part of their ballot
blank. And they don’t even know it.”

So who is Bridget Mary
McCormack? According to the ad, she's a "married mother of four, dean at
Michigan law. Bridget has spent her entire career fighting for justice
for ordinary people for families with sick kids. For families of
domestic violence. She's fought to free innocent men and women and get
the actual criminals behind bars."

And in a TV-turned-reality twist, McCormack's husband, Steve Croley, currently works in the real West Wing as deputy counsel in the White House Counsel's Office.

Video below the fold.

The ‘show me your papers clause’ of SB 1070 goes into effect

Posted by AzBlueMeanie: In a simple three-paragraph ruling drafted jointly by the U.S. Department of Justice and lawyers for the state of Arizona, U.S. District Court Judge Susan Bolton ordered that the injunction be dissolved against the "show me your papers clause" of SB 1070. That provision, Section 2B, requires officers to make a reasonable … Read more