Sunday, July 10, 2016

TX election law decisions on voter ID, redistricting coming

Election Law Blog's Rick Hasen:

The federal challenge to Texas’s strict voter identification law is pending before the entire Fifth Circuit sitting en banc.  The Supreme Court set a soft July 20 deadline for a decision—after that the Court has invited plaintiffs to seek immediate relief for this election before the Supreme Court. There’s nothing technically binding about that date, but I expect we will see a decision by then from the Fifth Circuit, and then, whatever happens, I expect an emergency motion to the Supreme Court for whichever side loses.

Meanwhile, the never ending federal district court challenge to Texas’s redistricting remains pending in San Antonio, with a delay that at this point is as inexplicable as it is inexcusable. That case, when decided, will be on a fast-track appeal to the Supreme Court as well, but with any ruling relevant only for elections after 2016.

We are also waiting for other decisions, and one of those big ones is the appeal to the Fourth Circuit of North Carolina’s strict voting laws. That one, too, will likely end up with a request for emergency relief from SCOTUS.

Hasen has predicted that Fifth en banc will deny the photo ID appeal, sending the case on to the Supremes, where a ruling might not come until after November's election, as the court has adjourned for the summer and probably won't render a verdict until long after the first Monday in October.  Even an immediate judgment once the Court reconvenes would be very close to the start of early voting (although the change consists of not asking for ID, so your local election judges ought to easily re-adapt to the way Texas conducted elections for hundreds of years previously).  Worse, a 4-4 tie would remand back to the Fifth's decision.  So the case might have its best chance if it is stalled until there's a ninth justice.

Redistricting is going to wait for 2018, soonest, if it is struck down.

The North Carolina case might also beat Veazey v. Abbott to the Eight (or Nine, depending on how quickly Merrick Garland gets confirmed after a historic delay), and could be the precedent-setter in that event.

So more waiting, but potentially some progress as well.

*Post updated for clarity throughout

Sunday Above The Law Funnies

Friday, July 08, 2016

Nobody could have expected an attack on police

Especially not in Texas, after all.  Right?

Downtown Dallas was in lockdown early Friday after snipers shot 11 officers, five fatally, during a protest over deadly police shootings of black men elsewhere.

Three people were in custody and a fourth suspect exchanged gunfire with authorities in a parking garage at El Centro Community College into the morning, Dallas Police Chief David Brown said.

NBC Dallas Fort-Worth reported the fourth suspect had been "neutralized" at around 2:45 a.m. (3:45 ET). Earlier, he had told police negotiators that "the end is coming" and that "there are bombs all over the place in this garage and downtown," Brown said.

Extensive sweeps of downtown for explosives were carried out and the FAA ordered a temporary flight restriction over the city.

It was the deadliest day for law enforcement since 9/11.

I suppose I could be cited for instigating something with an inflammatory blog posting (good thing nobody reads this blog) but the law probably has more important people to hunt down.  The truth, as everyone who's been paying attention knows, is that LEO is bringing this sort of thing upon themselves by refusing to police the criminals within their own ranks.

As my social media fills up with various hashtags starting with the words, "Pray for", we have to once again point out to the legally blind that perhaps God isn't going to be of much help in this (or any other) regard.  This is a people problem, and only people can work it out.

Here's another prediction: I expect more violence from both sides, even though only one will be publicly denounced and appealed to for calm.

As the chant goes: "No justice, no peace".

Update: The NY Post is just telling the truth.


Sorry if it makes you feel uncomfortable.  There's a lot more discomfort coming down the pike.

Update II:
So you have, every 28 hours, a person of color, usually a poor person of color, being killed with lethal force — and, of course, in most of these cases they are unarmed. So people march in the streets and people protest; and yet the killings don’t stop. Even when they are captured on video. I mean we have videos of people being murdered by the police and the police walk away. This is symptomatic of a state that is ossified and can no longer respond rationally to what is happening to the citizenry, because it exclusively serves the interest of corporate power.

-- Chris Hedges, a month ago

You better go read it.  He's much better at predictions than me.

Thursday, July 07, 2016

The toons that didn't make the cut

Scattershooting conventions and vice-presidential nominees

But not black men.  Alton Sterling and Philando Castile are the names of the latest victims in a continuing national tragedy.  The police aren't reforming themselves, so someone is going to have assist them.  When order is more important than justice, then disorder is compelled.  And I sure hope nobody is stupid enough to put me on a terrorist watchlist for making a simple observation.

Because that would indicate that the police state is farther along than even I suspected.  It would suggest that we are moving closer to the Israeli model, in fact.

In lighter fare ...

-- The corporations want to do the two major party conventions on the down-low.

(M)any special interests, from Comcast Corp. to financial giant JPMorgan Chase to insurer Blue Cross Blue Shield, will participate in convention-related activities, but they’ve become more creative in how they influence conventioneers — or are altogether refusing to discuss their convention plans.

“They want to show up, they want to rub elbows with everyone at the conventions, they just don’t want the corporate name out there,” said Craig Holman, a government affairs lobbyist for advocacy group Public Citizen, who has long tracked influence efforts at the conventions. “They’ll be looking for lower-key ways of doing the same thing they’ve always done.”

-- And let's update here instead of there that Mike Pence has moved into the lead in the GOP veepstakes.  Marc Belisle at Reverb Press is searingly on point.

Newt Gingrich and Chris Christie have egos and ambitions at least as great as Trump’s. The businessman may appreciate their input on the campaign trail, but the possibility of a right hand man who could eclipse him politically would be too much for the insecure narcissist. Besides, both Gingrich and Christie are too savvy to want to be sidelined in the VP spot. Gingrich is probably angling for something like Chief of Staff. And for the sake of irony, let’s say Christie is gunning for Secretary of Transportation. If Trump loses in November, they can say they were just advisers and Trump didn’t follow their advice. If nothing else, they glide into a 7-figure lobbyist gig.

Pence, on the other hand, has little to lose, since he’s in trouble in his reelection bid in his home state. He’s the kind of man Trump could have in his pocket, since he would owe his political life to the New York businessman. Pence could help Trump in the Upper Midwest, which is where the Republican candidate needs to win to have any chance in the Electoral College. Pence would also help Trump woo evangelical voters, a key Republican voting bloc that Trump has had difficulty connecting with. Finally, if they get to the White House, Pence can work his contacts in Congress, especially the House, since he served there for 12 years, including a 2-year stint as Chairman of the House Republican Conference.

A Pence nomination would open Trump up to attacks on the governor’s record of forcing far right religious legislation on his state while ignoring its serious problems. But that itself could bring the evangelicals on board. This is the kind of match that Christie, Gingrich and adviser Paul Manafort would likely push Trump to make. If the Republican presidential candidate were a wiser, less petty politician, he might choose a running mate like New Mexico Governor Susana Martinez, who would address a lot of his electoral problems. But he aggressively alienated her. His options are narrowing. Trump and Pence are drawn to each other for complex reasons. With time running short before the convention, and a bruising general ahead, Pence might be the best Trump can do now, if he’s acting rationally enough to make that decision.

The most difficult thing for Drumpf to do is take advice -- aka cautions, warnings, etc. -- from other people, those who know more about something than he does.  He's never lived his life that way.  Pence as VP would be a master stroke because the Indiana governor is the same kind of Teabagging extremist that Cheeto Jesus is without the bombast.  A formidable ticket it would be.

-- And to that end, it's always useful to take stock of what the conservative teevee talking heads are saying.  Mark Halperin, my go-to guy when I want a shitty-ass politico's insights that I never would have considered.

Among other things, Trump doubled down on his praise for former Iraqi dictator Saddam Hussein, expressed regret for deleting an anti-Semitic meme circulated by white supremacists, and announced that he wants convicted murderer Don King to speak at this month’s Republican convention.
Any normal person who watched the speech thought it was a train full of flaming dumpsters crashing into a dumping ground for nuclear waste.

As Trevor Noah said, "the week Hillary Clinton narrowly avoided indictment was a bad week to praise Saddam Hussein".  (As if there was ever a good one.)

“Morning Joe,” however, wondered if it was an indication that Trump was “getting his groove back.” Frequent guest Mark Halperin seemed to think the answer was, “Yes!”

“There’s no conventional political consultant in either party who would have approved that speech,” Halperin acknowledged before gearing up to praise Trump. “But… if he’s going to win, it’s going to be with that, with vintage Trump, where he not just energizes people, but also confident, also entertaining, and also with an ability to convey to people that he’s different. That he’s not going to be politically correct or business as usual.”

Halperin also predicted that if Trump kept making speeches like this — along with picking a good running mate, having a good convention and winning the first debate against Hillary Clinton — he’d “go ahead in the polls.”

I got nothing, except a little gnawing feeling he might be right.

-- I won't belabor the Clinton email matter much after today, but this needs to be documented.  The intent or mens rea determination that prosecutors make when faced with a close call on a target's crimes -- or lack thereof -- isn't based on probable guilt but the odds of conviction.  Prosecutorial discretion is essentially an 'is this worth my time and effort' query.  This turns out to be one of the core pillars of our criminal justice system.  If it looks like it's crumbling to you, as it does to me, we might both be accurate in our assessment.


The Clintons -- both of them -- repeatedly exercise unethical judgment because they calculate their odds of getting away with it as very good because of who they are.  This is also part of the same sense of entitlement or whatever you'd like to call it.  That they do get away with it most clearly shows that there is one justice system for some people -- call them 1% -- and one for the rest of us.  It shouldn't escape you that it's mostly wealthy white people at the top and poor black people at the bottom.


What it is not, as everyone knows, is justice.  It is -- or should be -- sufficient grounds for revolution, peaceful and political.  Or otherwise if it is necessary.  How necessary you deem revolution to be is also a question of how much do you have to lose or gain by it.

Keep in mind that a President Trump represents revolution to some, no matter how flawed, bigoted, or ignorant their logic may be in arriving at that conclusion.

-- More Trevor Noah: if the choices are "Grandma Nixon or a traffic cone soaked in raw sewage… maybe you shouldn’t have an election."

You have other choices, Trevor.  It's not either/or, more evil/less evil.  You don't have to choose between eating shit or drinking piss.  Stop thinking in binary.