Nel's New Day

September 17, 2018

Court Rulings Mostly Right Wrongs

Election Day is only 50 days away, and the GOP continues its attempts at voter suppression. In an honest move that may cause them to lose the 2018 North Carolina election, progressive groups Common Cause and the League of Women Voters that won the redrawing of gerrymandered districts said that there was not enough time to complete the task in the next two months. The contortions of district lines caused the state to have 10 of 13 seats in the U.S. House with only 53 percent of the vote.

The majority in a panel of three judges from the 9th Circuit, two appointed by George W. Bush, upheld Arizona laws that prevent anyone except a family member, caretaker, or postal worker from turning ballots into elections officials and blocked out-of-precinct voting. The decision is especially onerous for Native Americans who are many miles from both voting precincts and post offices. As usual, the fake reason for the law is to avoid voter fraud, but the rationale comes from white entitlement and lack of understanding about other cultures and living conditions. The decision will be appealed to the full court but stays in effect for the upcoming election.

A Missouri judge made Republicans happy when he removed a redistricting measure for this fall’s ballot.

Yet not all bodes well for Republicans in court decisions.

Federal prosecutors have postponed their demand that North Carolina state and local elections officials give them well over 20 million ballots, poll books, and voter authorization forms going back almost nine years by September 25. Subpoenas also required photo images of voters, and subpoenas to the state DMV required DMV voter registration documents and those completed in a language other than English from both citizens and people not born in the U.S. Almost 2.3 million absentee ballots could be traced back to individual voters which caused privacy concerns. The subpoenas for these records cited ICE and a grand jury in Wilmington as the source for the demand after U.S. Attorney Bobby Higdon announced charges against 19 non-U.S. citizens for illegal voting. A state audit counted 41 non-U.S. citizens acknowledged voting out of 4.8 million ballots. Higdon hopes to get the documents in January 2019.

A court in North Carolina also ruled in favor of expanding Gov. Roy Cooper’s authority to make certain appointments, ruling that the legislators had overstepped their authority and violated the separation of powers’ requirement. When Cooper was elected, the GOP legislature immediately passed several laws to restrict his abilities compared to that of his GOP predecessor.

For the second time in four years, federal judges struck down the GOP Virginia General Assembly boundaries of 11 electoral districts that pack minorities together so that white candidates in adjacent districts can win elections. Little progress has been made before the October 30 deadline. With the GOP failure to more forward, the governor has asked the GOP speaker of the state house to turn the project over to the courts. The districts will be used for state elections in 2019.

A Virginia judge also removed an independent candidate from the ballot in the 2nd District congressional race because of “forgery” and “out and out fraud” on her petition. Staffers working for the GOP candidate had collected many of the signatures to get her onto the ballot to split the progressive vote and ensure a win for their boss. Of the 377 signatures that five of them put on petitions, at least 146 were false, some of them for people who had died.

Florida Republicans thought they could keep Puerto Ricans who had fled their island after Hurricane Maria from voting if they refused them Spanish-language ballots. A district judge disagreed and ruled that 32 counties across the state had violated the Voting Rights Act. He ordered them to provide bilingual voting materials, including ballots and poll worker support, for Spanish-speaking Puerto Rican voters. According to his ruling:

“Puerto Ricans are American citizens. Unique among Americans, they are not educated primarily in English — and do not need to be. But, like all American citizens, they possess the fundamental right to vote.”

The enactment is on an expedited basis to give Florida officials “ample” time to appeal if “they seek to block their fellow citizens, many of whom fled after Hurricane Maria devastated Puerto Rico, from casting meaningful ballots,” according to the judge. “It is remarkable that it takes a coalition of voting rights organizations and individuals to sue in federal court to seek minimal compliance with the plain language of a venerable 53-year-old law,” he added.

A federal appeals court has ruled that the so-called “charity” Americans for Prosperity (AFP) Foundation, linked to billionaire Charles Koch, must disclose its donors to California officials. The three-judge panel of the 9th Circuit Court reversed a lower court ruling from last year.

A grand jury will be convened to investigate whether Republican gubernatorial candidate and Kansas Secretary of State Kris Kobach intentionally failed to register voters in 2016.

The court woes of Dictator Donald Trump (DDT) continue. He tried to get out of going to court over paying hush-money for a nondisclosure agreement with Stormy Daniels so that he and former attorney Michael Cohen don’t have to give dispositions. By not contesting the suit, DDT thinks that he has escaped, but Daniels still has a defamation suit against DDT.

The fate of DDT’s IRS returns is still in court, this time the Washington, D.C. Circuit. EPIC’s Freedom of Information Act case is arguing that IRS must release his returns to correct misstatements of fact about his financial ties to Russia in his tweets. At least two-thirds of people want DDT to release the returns. The 98-page financial disclosure that DDT is forced to make public shows that his biggest windfalls come from his property that he frequently visits. For example, he made $37 million from Mar-a-Lago, up from $15 million in 2015, and $20 from his nearby golf club.

A federal judge refused to stop the Deferred Action for Childhood Arrivals (DACA) program, ruling that Texas and six other conservative states couldn’t prove irreparable harm from the program. He also stated that he believed the program is unconstitutional, but the time has passed to rescind it.

Cities can’t prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to unconstitutional cruel and unusual punishment, according to a 9th Circuit Court ruling in Boise (ID). Six homeless people sued the city in 2009. The judge also wrote:

“A city cannot, via the threat of prosecution, coerce an individual to attend religion-based treatment programs consistently with the Establishment Clause of the First Amendment.”

A federal judge in Boston ruled that ICE should not remove undocumented people in the process of applying for green cards even if they have final orders of removal. The ruling may not require a penalty from the government or apply outside the New England area. Five couples are suing DHS, ICE, DDT, and law enforcement because spouses were detained by ICE when they went for marriage interviews with U.S.-citizen spouses, a requirement for the application process to prove they have legitimate marriages. Emails show coordination between ICE and Citizenship and Immigration Services to coordinate interviews and arrests. The suit began with a woman who was brought from Guatemala when she was three years old and married U.S. citizen Luis Gordillo. They have two children.

A Canadian court unanimously overturned Ottawa’s approval of a pipeline project because the government failed to consider concerns of some First Nations and did not consider the impact of increased tanker traffic. The pipeline, almost 700 miles long, would take bitumen from Alberta to the western ports to ship to Asia. The ship traffic has already had a devastating affect on southern resident orcas which are almost extinct.

Parents of a Sandy Hook victim may continue its defamation lawsuit against conspiracy theorist Alex Jones after his repeated lies that the 2012 massacre killing 20 children and six adults at a Connecticut elementary school was a “fraud.” Six other Sandy Hook families also filed a defamation lawsuit against Jones in May. Jones’ Infowars is also facing a lawsuit for misidentifying a person as the shooter at the Parkland (FL) school who killed 17 people and another defamation suit from the person who recorded the vehicular murder of Heather Heyer at the Charlottesville (VA) rally last year. Jones’ law firm is also representing the co-founder of the neo-Nazi, white supremacist website The Stormer.

An arbitrator has denied the NFL request to throw out Colin Kaepernick’s grievance that owners conspired to keep him out of the league because of his protests for social injustice. The ruling shows that Kaepernick has sufficient evidence of collusion for a lawsuit. Eric Reid’s grievance for joining the protests is still pending. The NFL had to put on hold its policy that would require players to stand if they are on the sideline during the national anthem because of problems that it classified protests as conduct detrimental to the team.

© blogfactory

Genuine news

Civil Rights Advocacy

Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. -- Margaret Mead

AGR Daily 60 Second News

Transformational News; What Works For Seven Future Generations Without Causing Harm?

JONATHAN TURLEY

Res ipsa loquitur - The thing itself speaks

Jennifer Hofmann

Inspiration for soul-divers, seekers, and activists.

Occupy Democrats

Progressive political commentary/book reviews for youth and adults

V e t P o l i t i c s

politics from a liberal veteran's perspective

Margaret and Helen

Best Friends for Sixty Years and Counting...

Rainbow round table news

Official News Outlet for the Rainbow Round Table of the American Library Association

The Extinction Protocol

Geologic and Earthchange News events

Central Oregon Coast NOW

The Central Oregon Coast Chapter of the National Organization for Women (NOW)

Social Justice For All

Working towards global equity and equality

Over the Rainbow Books

A Book List from Gay, Lesbian, Bisexual, and Transgender Round Table of the American Library Association

The WordPress.com Blog

The latest news on WordPress.com and the WordPress community.

%d bloggers like this: