Courts & Law

Posted by AzBlueMeanie:

When I have a case that goes up on appeal, I always have to counsel clients that "the facts are on your side, the law is on your side, and you won in the trial court, but there are no guarantees — sometimes these guys just do whatever they want."

Friday was one of those times. AZ Supreme Court overturns ruling on open primary ballot initiative – East Valley Tribune: 

In a brief order, the justices overturned a lower court ruling which concluded that the initiative to create a wide-open primary was constitutionally flawed. Maricopa County Superior Court Judge Mark Brain had said it illegally dealt with more than one subject.

The justices did not explain their decision, promising details later.

* * *

But the Supreme Court action does not mean the "Open Government/Open Elections'' initiative actually will be on the November ballot.

County election officials are still reviewing a random sample of initiative petition sheets to verify that there are at least 259,213 valid signatures to put the issue on the November ballot. And some preliminary numbers from the state's largest county suggest the petition drive could fall short.

Maricopa County Elections Director Karen Osborne told Capitol Media Services she has checked 12,990 of the 13,076 signatures sent to her. Of those screened, 4,280 are invalid for an validity rate of about 67 percent.

Matt Roberts, spokesman for the Secretary of State's Office, said after clearly invalid petitions were removed, that left more than 358,000 signatures. And a 33 percent failure rate, if that proves to be the final number, would leave just about 240,000 valid signers, short of the 259,213 needed to qualify for the ballot.

Let's be clear what this initiative is really all about. The Chamber of Commerce establishment Republicans have lost control of the Republican Party to the Christian Reconstructionists and Dominionists, and the Birthers-Birchers-Secessionists fringe groups who have hijacked the GOP and purged the Chamber establishment Republicans from the GOP. The Chamber of Commerce establishment Republicans want "their" party back.

But rather than fight this civil war within the GOP, the Chamber of Commerce establishment Republicans want to rewrite the rules for everyone. They have a simplistic belief that this "top two primary" will magically allow more "moderate" Chamber of Commerce establishment Republicans to get elected — with the added bonus of denying voters any real choice in November by eliminating minor political parties from the general election ballot (Green, Libertarian, Americans Elect), and even Democratic candidates in many Republican voter registration heavy districts, perhaps even statewide races.

Posted by AzBlueMeanie:

The state of Pennsylvania stipulated to the facts that it has no evidence of voter impersonation at the polls and that it does not expect any voter impersonation at the polls this November. Dozens of witnesses testified how they do not have state issued photo ID and Pennsylvania makes it difficult and expensive for them to obtain photo ID (a violation of the 24th Amendment prohibiting poll taxes), which will disenfranchise them of their fundamental constitutional right to vote for no other reason than they do not possess a photo ID. A no brainer, right? Or so every rational human being thought.

A Republican Pennsylvania state court judge today disregarded the overwhelming weight of the evidence and disregarded fundamental constitutional rights by ruling in favor of Pennsylvania Tea-Publican's Jim Crow voter suppression law. Judge won't halt Pa. voter identification law:

A tough new voter identification law championed by Republicans can take effect in Pennsylvania for November's presidential election, a judge ruled Wednesday, despite a torrent of criticism that it will suppress votes among President Barack Obama's supporters and make it harder for the elderly, disabled, poor and young adults to vote.

Commonwealth Court Judge Robert Simpson said he would not grant an injunction that would have halted the law, which requires each voter to show a valid photo ID. Opponents are expected to file an appeal within a day or two to the state Supreme Court as the Nov. 6 election looms.

"We're not done, it's not over," said Witold J. Walczak, an American Civil Liberties Union lawyer who helped argue the case for the plaintiffs. "It's why they make appeals courts."

Posted by AzBlueMeanie:

A follow-up to an earlier post, AIRC Update: Tea-Publican deadbeats sue the AIRC with your tax dollars to overturn Prop. 106 that created the AIRC:

The Tea-Publican controlled legislature is suing the Arizona Independent Redistricting Commission (AIRC), arguing that the voter approved Proposition 106 (2000) to the state constitution that created the AIRC violates the U.S. Constitution. And even though only Tea-Publicans argue this for their partisan political advantage, they are using your tax dollars to overturn the will of the voters.

The parties are now filing their pleadings. Howard Fischer reports, in only the way he can, Arizona redistricting commission argues state legislators shouldn't draw Congressional lines – East Valley Tribune: 

Members of the Independent Redistricting Commission want a federal judge to rule that state lawmakers are wrong in saying only they get to draw lines for congressional districts.

In legal papers filed in U.S. District Court, attorneys for the commission acknowledge that the U.S. Constitution does say that the manner of selecting members of Congress "shall be prescribed in each state by the Legislature.'' And it was the commission created the maps used last decade and again last year for the coming decade.

The lawyers, however, told Judge Paul Rosenblatt that process is legal.

Posted by AzBlueMeanie: Arizona Secretary of State Ken "Birther" Bennett continues to have a really bad summer. His attempt to prevent the Quality Education and Jobs initiative from appearing on the ballot through his own filing requirement that is not part of any statutory law was rejected by the Arizona Supreme Court. Arizona sales-tax hike can … Read more