Tagged: SCOTUS

Supreme Court to weigh-in on “one person one vote”

The Supreme Court on has agreed to hear a case that will answer a long-contested question about a bedrock principle of the American political system: the meaning of “one person one vote.”

The court’s ruling, expected in 2016, could be immensely consequential. Should the court agree with the two Texas voters who brought the case, its ruling would shift political power from cities to rural areas, a move that would benefit Republicans.

The court has never resolved whether voting districts should have the same number of people, or the same number of eligible voters. Counting all people amplifies the voting power of places with large numbers of residents who cannot vote legally, including immigrants who are here legally but are not citizens; illegal immigrants; children; and prisoners. Those places tend to be urban and to vote Democratic.

A ruling that districts must be based on equal numbers of voters would move political power away from cities, with their many immigrants and children, and toward older and more homogeneous rural areas…

The Supreme Court over the past nearly 25 years has turned away at least three similar challenges, and many election law experts expressed surprise that the justices agreed to hear this one. But since Chief Justice John G. Roberts has led the Supreme Court, it has been active in other voting rights cases…

The case, a challenge to voting districts for the Texas Senate, was brought by two voters, Sue Evenwel and Edward Pfenninger. They are represented by the Project on Fair Representation, the small conservative advocacy group that successfully mounted the earlier challenge to the Voting Rights Act. It is also behind a pending challenge to affirmative action in admissions at the University of Texas at Austin…

…Several judges have acknowledged that the Supreme Court’s decisions provide support for both approaches. The federal appeals court in New Orleans said the issue “presents a close question,” partly because the Supreme Court had been “somewhat evasive in regard to which population must be equalized.”

My view of the case, SCOTUS and what passes for the Republican Party nowadays is a tad more simplistic than all the arguments in the article. Today’s conservatives only want well-off, older, white men to vote.

Yes, that’s over-simplified. How about “they want the kind of results guaranteed if only well-off, older, white men can vote” but some of the rest of y’all are OK – if you can be trusted to agree?

I don’t base my analysis on anything ideological. Just look at who’s in charge of the Republican Party, the range of representation among Congressional Republicans, who they have populating political primaries.

San Francisco coppers can’t be sued for shooting unarmed woman

The Supreme Court says police are immune from a lawsuit arising from the arrest and shooting of a mentally ill woman in San Francisco.

The justices ruled that police did not violate the rights of Teresa Sheehan when they forced their way into her room at a group home and shot her five times after she came at them with a knife.

The officers had been called to take Sheehan for an emergency psychiatric evaluation after she threatened a case worker, but the situation quickly escalated.

Sheehan, then 56, was shot in the hip and the head. She survived, but had to undergo two hip replacement operations.

The high court, which heard oral arguments in the case in March, on Monday left undecided the question of whether police should take special precautions when arresting armed and violent people suffering from mental illness.

Sheehan claimed police must make reasonable accommodations under the Americans with Disabilities Act for suspects with mental illnesses.

The court said it would not take up that question because it had not been fully considered by lower courts.

Is there any way someone might stage a confrontation between these shit-for-brains justices and the average copper, say, in Oakland?

Could be a potential learning opportunity for a few elitist arch-conservative know-nothings. I’d gladly pop for the cleaning bill after they crap their Heidi Whities.

When do we get back to the Constitution affirming separation of church and state?

Cartoon-Shan-Durango-News

A federal judge Thursday granted a Minnesota auto dealer the right to exclude emergency contraceptives and I.U.D.’s from his company’s employee health plan.

U.S. District Judge Frank Magnuson issued an injunction against the federal government, enabling Hastings Automotive’s primary owner Doug Erickson to remove contraceptives from his company’s plan without facing penalties.

“It’s long been by conviction to run these businesses according to my faith, and I really believe I’m stewarding these businesses and operating them as God would have me operate them,” Erickson told KARE…

Birth control is treated as basic preventive care by the Affordable Care Act, meaning that it must be included without co-insurance in all health plans. But the U.S. Supreme Court’s decision in the Hobby Lobby case carved out an exception for faith based organizations and private for-profit companies, accommodating the religious beliefs of company owners.

“The very bottom line here is that we believe that the decision to use birth control is between a woman and her doctor, not her boss,” Jennifer Aulwes of Planned Parenthood of Minnesota and South Dakota, told KARE.

Birth control is basic health care for women and 99 percent of women have used it at some point in their lives, so today’s ruling is very troubling for us.”

Jeremy Dys – a lawyer who specializes in representing idjits – contends that emergency contraceptives prevent fertilized eggs from attaching to lining of the uterus, causing what he termed a “chemical abortion.”

The makers of the drugs, on the other had, cite research that shows the drugs prevent ovulation and fertilization, essentially keeping a pregnancy from starting…”if a pregnancy is already established emergency contraception will not affect that pregnancy”.

The idjit judge – relying on the conservative idjits in the Supreme Court – said he wasn’t interested in science or the medical findings on contraception. He was just worried about the religious rights of the car dealer.

About right for law and order in America, today. Any religion receiving any level of recognition can impose their precepts over the rights of their employees – according to the distorted views of law currently supreme over our constitution.

Christian sharia being the accepted standard, of course.

Two ways Republicans screwed people who need healthcare – and they’re still at it

expanded medicaid

In 2012, the Supreme Court ruled that a cornerstone of the Affordable Care Act — its expansion of Medicaid to low-income people around the country — must be optional for states. But what if it had ruled differently?

More than three million people, many of them across the South, would now have health insurance through Medicaid, according to an Upshot analysis of data from Enroll America and Civis Analytics. The uninsured rate would be two percentage points lower.

Today, the odds of having health insurance are much lower for people living in Tennessee than in neighboring Kentucky, for example, and lower in Texas than in Arkansas. Sharp differences are seen outside the South, too. Maine, which didn’t expand Medicaid, has many more residents without insurance than neighboring New Hampshire. In a hypothetical world with a different Supreme Court ruling, those differences would be smoothed out.

And that was the idea behind the Affordable Care Act. Before the law passed in 2010, the country had a highly regional approach to health policy and widely disparate results in both health insurance status and measures of public health. One of the main goals of the law was to provide some national standards and reduce those inequities by using federal dollars to buy coverage for low-income people in every state.

That’s the Republicans as bitter as they were a few days ago. The conservative fops on SCOTUS, the guardians of all that reactionary politics can provide to screw working people — are taking another shot at the ACA:

Continue reading

What motivates Texas’ voter ID law? Supreme Court Justice says — racism

As one might expect, Supreme Court Justice Ruth Bader Ginsburg had no difficulty putting her finger on the point of Texas’ voter ID law: it’s openly racist.

Ginsburg’s colleagues voted 6-3 to allow the Texas law to remain in effect for the upcoming election. But as she observed in a scathing dissent issued Saturday, the measure may prevent more than 600,000 registered voters, or 4.5% of the total, from voting in person for lack of accepted identification. “A sharply disproportionate percentage of those voters are African-American or Hispanic,” she wrote.

The law’s intent is “purposely discriminatory,” Ginsburg concluded. Citing the U.S. District Court ruling that declared the Texas law unconstitutional, she observed that since 2000, Texas has become a majority-minority state. That gave its Legislature and governor “an evident motive to ‘gain partisan advantage by suppressing'” the votes of blacks and Latinos.

Is there any better testament to the bankruptcy of Republican political ideas than the party’s consistent effort to win elections by limiting the vote?…

Like all the Republican-governed states using this ploy to stop folks from voting, Texas turned up two cases that it to court. Time and again these states waste taxpayer dollar$ trying to prove their patent-leather lies.

Here in New Mexico, our Republican Secretary of state wasted hundreds of thousands of dollar$ trying to prove “widespread fraud” as preamble to forcing a law as criminal as the Texas variety. At the end she found a dozen people improperly registered and a couple who thought they were supposed to vote. And tried. And were turned away.

End of story. Meanwhile, crooks masquerading as constitutional experts run this crap through the Supreme Court as progress because right-wing bigots say we are a post-racial society. I would gladly start believing in some sillyass deity if these turds were struck by lightning for their lies.

Thanks, Mike

SCOTUS hides from civil rights — refuses to rule on gay marriage

The Supreme Court cleared the way Monday for an immediate expansion of same-sex marriage by unexpectedly and tersely turning away appeals from five states seeking to prohibit gay and lesbian unions. The court’s order effectively makes gay marriage legal now in 30 states.

Without comment, the justices brought to an end delays in same-sex marriages in five states- Indiana, Oklahoma, Utah, Virginia and Wisconsin…

Couples in six other states – Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming – should be able to get married in short order. Those states would be bound by the same appellate rulings that were put on hold pending the Supreme Court’s review.

Evan Wolfson, president of Freedom to Marry, called on the high court to “finish the job.” Wolfson said the court’s “delay in affirming the freedom to marry nationwide prolongs the patchwork of state-to-state discrimination and the harms and indignity that the denial of marriage still inflicts on too many couples in too many places.”

Ed Whelan of the Ethics and Public Policy Center, an opponent of same-sex marriage, said blah, blah, blah!

James Esseks of the American Civil Liberties Union said he believes the court will quickly take up a case if an appeals court upholds state bans.

It takes just four of the nine justices to vote to hear a case, but it takes a majority of at least five for an eventual ruling. Monday’s opaque order did not indicate how the justices voted on whether to hear the appeals.

Most important, the SCOTUS non-ruling lets all the Circuit rulings overturning homophobic state law stand – and extends it automatically to the other states within each circuit. Otherwise, the Supreme Court is as adept as Congress or the White House at avoiding the demonstration of leadership on any critical question.

We are an obedient nation led by cowards.

Tea Party candidate gets Constitution wrong — what a surprise!

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Calling a mass shooting an “unfortunate accident” — gets you NRA buck$ for sure

Iowa Senate candidate Joni Ernst may wish to brush up on her high school civics.

Ernst, a Republican, was caught espousing wishful thinking as policy in a September 2013 forum held by the Iowa Faith & Freedom Coalition, saying Congress should not pass laws “that the states would consider nullifying…”

Unfortunately for Ernst, Supreme Court case law has determined the Constitution actually forbids nullification, and interprets the Tenth Amendment as a basic statement, not a prohibition against the federal government from passing additional laws not already enumerated…

“Tentherism” was one of the primary justifications used by pro-slavery advocate John Calhoun in the years leading up to the Civil War, and a hundred years later, by segregationists opposing civil rights. More recently, conservatives have resurrected the theory to argue for nullification of federal gun laws, the Affordable Care Act and other federal regulations.

Take a look at the issues raised by these ignoranuses. Time after time they center on bigotry, a false libertarianism that turns its back on responsibility to your fellow citizens.