Wednesday, July 20, 2016

Fifth Circuit rules TX voter ID law violates VRA

But does not quite strike the law from the books.  Here's Rick Hasen to explain.

In 203 pages of opinions, the 5th Circuit, sitting en banc, issued an opinion holding that Texas’s voter identification law, one of the strictest in the country, violates section 2 of the Voting Rights Act.

[...]

The bottom line is that the majority of the 5th Circuit has done what the panel opinion had originally held: there is a remand on the question whether Texas acted with a discriminatory purpose, but there is enough evidence of a discriminatory effect so as to render the Texas id law a Voting Rights Act violation.

BUT, and this is a big but, the remedy is NOT going to be to strike the Texas voter ID law as a whole, but instead to fashion some kind of relief that give people who have a reasonable impediment to getting an id the chance to get one. This might be like the affidavit requirement just approved yesterday in the Wisconsin case, or something else (like an indigency exception affidavit). Further, given the timing of the election, the trial court has to craft some kind of interim relief and then can figure out a more comprehensive solution after the next election.

BUT, BUT there is a very strong dissent from the 5th Circuit’s most conservative members, and that might give Texas a reason to go to the Supreme Court to try to get this emergency interim relief stayed.

BUT, BUT BUT: the Supreme Court has now lost Justice Scalia, and at best Texas could hope for only 4 votes to reverse what the 5th Circuit has done. Indeed, I’m not sure that even Justice Kennedy/Chief Justice Roberts would be on board. If the court ties, the 5th circuit en banc decision stands.  (There’s also the possibility of an argument that the interim relief ordered for this election comes too late under the Purcell Principle, but given that the 5th Circuit acted just within the soft July 20th deadline the Supreme Court set, I think the plaintiffs will be safe in this regard).

FINALLY, these kinds of softening devices are not all they are cracked up to be, and there’s lots of evidence they are not used by lots of voters who need it. (I discuss this disjunction between theory and practice in Softening Voter ID Laws Through Litigation: Is it Enough?, Wisconsin Law Review Forward (forthcoming 2016; draft available). One of the 5th Circuit judges, Judge Higgonson, concurring, has a footnote reading: “I also disagree with the opposite criticism that this interbranch engagement ameliorates too little, though that argument is contributory. See Richard L. Hasen, Softening Voter ID Laws Through Litigation: Is it Enough? ...

This is a win for the plaintiffs, no doubt, but not nearly as good as getting the law thrown out for everyone.

Hasen cautions that attorneys are still pouring over the ruling, and more interpretations/potential 'relief' possibilities are forthcoming from him and others.  So we'll update here when that happens.

The Texas Tribune timelines the long and winding legal road to this point.

The literal shitshow in Cleveland

It's understandable that some of those in attendance at Quicken Loans Arena Tuesday evening were on the edge of their seats; they might very well have had to rush to the toilet at any moment.

A gastrointestinal outbreak that could be norovirus has spread to almost a dozen GOP staffers from California at the Republican National Convention.

The show must go on.

The second night of the 2016 Republican National Convention centered on the GOP disdain for presumptive Democratic presidential nominee Hillary Clinton.

While Tuesday’s theme was billed as “Make America Work Again,” almost everyone who appeared on stage offered criticism for Clinton, bashing everything from her
email scandal to her accent. A video called “Hil-LIAR-y” played early in the evening, and there was vigorous fault-finding with her resume.
There was far more focus on the contempt for Clinton than on any admiration for Donald Trump, who was formally named the Republican nominee for president earlier in the evening and briefly appeared via video, thanking supporters.
Several of the night’s big-name speakers barely acknowledged Trump, including Senate Majority Leader Mitch McConnell (R-Ky.), who said Trump would sign Republican-backed bills and fill the seat of the late Supreme Court Justice Antonin Scalia, but little else about the business mogul.
House Speaker Paul Ryan (R-Wis.) mentioned Trump only twice during his 10-minute speech, while House Majority Leader Kevin McCarthy (R-Calif.) mentioned the newly minted nominee once.

This was expected.  Ryan and McConnell are putting on a brave face, having desensitized their own nausea at the prospect of their majorities in Congress going down with the Trump-tanic in November.  And Chris Christie reminded us again that he was once a federal prosecutor, livening up a morose crowd with a mock trial of the Democratic nominee.

“We’re going to present the facts to you, as a jury of her peers, both in this hall and in living rooms around our nation,” the former 2016 presidential candidate said in opening his address to the Cleveland convention Tuesday night.
“I’m going to render a case on the facts against Hillary Rodham Clinton,” he continued.
Christie made the case that Clinton’s character and her record as secretary of state disqualify her for the nation’s top job, specifically accusing her of “ruining Libya,” being a terrorist apologist for not naming an al-Qaeda affiliate in Nigeria a terrorist group for two years and linking that to the “Missing Girls,” and turning previous words of praise for Syrian President Bashar al-Assad against her.
“She fights for the wrong people, she never fights for us,” he said.
As Christie made his "case," delegates on the convention floor periodically broke into chants of “Lock her up, lock her up!”

But it was Ben Carson who went off script and delivered the most searing and Biblical condemnation, pulling out the old "she's the devil in disguise" routine. 

In a bizarre, meandering departure from his prepared remarks, Dr. Ben Carson suggested that electing Hillary Clinton would be the same as endorsing the devil himself.
Speaking near the end of Day Two at the Republican National Convention former rival of nominee Donald Trump, Carson brought up Saul Alinksy, the community organizer whose work Hillary Clinton wrote about while at college in Wellesley.
“Her senior thesis was about Saul Alinsky,” said Carson. “This was someone that she greatly admired and that affected all of her philosophies subsequently. Now interestingly enough, let me tell you something about Saul Alinsky: He wrote a book called “Rules for Radicals.” On the dedication page, it acknowledges Lucifer, ‘the original radical who gained his own kingdom.’”
“This is a nation where our founding document the Declaration of Independence talks about certain inalienable rights that come from our creator,” Carson continued. “This is a nation where our pledge of allegiance says we are one nation under God. This is a nation where every coin in our pocket and every bill in our wallet says ‘In God We Trust.’ So are we willing to elect someone as president who has as their role model somebody who acknowledges Lucifer? Think about that.”

Carson has been the conduit for evangelical Christians throughout the 2016 cycle and has managed to channel that fervent support to Trump without any examination of the Republican nominee's glaring spiritual shortcomings. 

Carson’s riff on Lucifer was not part of his prepared remarks distributed to reporters earlier Tuesday night, nor did it appear on the teleprompter in the arena. But it was not the first time he has mused on a Hillary Clinton-to-Saul Alinksy-to-Satan connection. Just last month, Carson launched into a similar digression a the New York City gathering where conservative evangelicals met with Trump.

When asked by a reporter earlier Tuesday what he planned to talk about in his speech, Carson replied, “Only God knows the answer to that.”

The journalist's request for comment was referred to Carson's deity, but received no reply prior to Ben taking the stage.  At least the brain surgeon didn't plagiarize anybody, which was a controversy that arose again during another Trump's speech.

For the second night in a row, a speech given by a member of Donald Trump's family is raising eyebrows for lines previously used elsewhere.
Donald Trump Jr. in his headline address at the Republican National Convention in Cleveland delivered a near-exact repetition of a small part of an American Conservative article written by F.H. Buckley, titled "Trump vs. the New Class."
"Our schools used to be an elevator to the middle class. Now they're stalled on the ground floor. They're like Soviet-Era Department stores that are run for the benefit of the clerks and not the customers," Trump's son said in his speech Tuesday night.
The line in Buckley's article reads, "Our schools and universities are like the old Soviet department stores whose mission was to serve the interests of the sales clerks and not the customers." 

Some people don't think plagiarism is a big deal.  Those people are wrong.


This is why I don't think Hillary is going to name Julian Castro V-P; because of the prevailing concept of injustice that some crimes simply aren't based on the person who commits them.  Castro won't be prosecuted for violating the Hatch Act, you see, just as former HHS Secretary Kathleen Sebelius skated away from the same violation.  But like hers, his political career is probably over, and certainly any shot at a promotion.  "Clinton-Castro" feeds the repetitious and unfortunate narrative that certain people are above the law.  The more common examples of this outrage are the white police officers who shoot or strangle black people to death every week in this country, but those who protest the killings or videotape the encounters are convicted and jailed.

So while last night's RNC spectacle was hyperbolic and overblown, it wasn't a false narrative.

Day 3 will pick it up with V-P nominee Mike Pence, more of Trump's vanquished rivals (Scott Walker, Ted Cruz, Marco Rubio), and the speaker most likely to go over the top, Newt Gingrich.  But if you decide to watch anything tonight, catch Cruz.  He's busy setting himself up for 2020.

Personally I never turn on my teevee for these productions; I just follow the #RNCinCLE Twitter feed.  It keeps my own gastric distress to a minimum.

Tuesday, July 19, 2016

"Fragments that reflected her own thinking"

Misty watercolor memories.


I was more impressed, frankly, when Melania Rickrolled herself.


"He will never, ever give up. And most importantly he will never, ever, let you down."

I'm sure he'll never run around or "dessert" us, either.

The hashtag #FamousMelaniaTrumpQuotes trended on Tuesday as the world reacted to a keynote address by Donald Trump's wife that sounded almost identical to Michelle Obama's 2008 Democratic convention speech.

My favorite?  "It was a little cocker spaniel dog... and our little girl -- Tricia, the 6-year-old -- named it Checkers."

This managed to overwhelm Rick Perry's praise of the cancer of Trumpism, Steve King's white supremacy theory, Rudy Giuliani's screaming, and the brief rebellion by the #NeverTrump faction, quickly and parliamentarily silenced.

Outside the Q, please meet the West Ohio Minutemen.


As they walked the streets of Cleveland, the militiamen chatted with cops who simply told them to be safe. Texas delegates fresh from the convention cheered them on. And they told (VICE photographer Peter) Larson about their mission, which they said had nothing to do with Donald Trump or even the Republican Party. Instead, the group told him they were dedicated to protecting and supporting their community and did not discriminate against race, sex, gender, or anything else.


Day 2 features Paul Ryan, Mitch McConnell, Chris Christie, Ben Carson, a couple of Trump's children, UFC fight club prez Dana White, and LPGA-er Natalie Gulbis. 

This has to be less horrible than last night, no?

Monday, July 18, 2016

Julian Castro wipes out of VP hunt

He violated the Hatch Act.

A U.S. Office of Special Counsel report released Monday found that Housing and Urban Development Secretary Julián Castro violated the Hatch Act, which restricts the political activity of some federal employees, during an April interview with Yahoo News.

Castro's statements during the interview, according to a OSC news release, mixed his "personal political views with officials agency business despite his efforts to clarify that some answers were being given in his personal capacity." The department found he violated the act by "advocating for and against presidential candidates while giving a media interview in his official capacity on April 4, 2016," the report states.

The Hatch Act, passed in 1939, prohibits employees from using their official authority or influence to affect the outcome of an election, according to the report. The OSC submitted the report and Castro's response to President Barack Obama for "appropriate action."

Castro has the right to appeal the violation and faces disciplinary action including "removal, reduction in grade, debarment from federal employment for a period not to exceed five years, suspension or reprimand" and faces a fine up to $1,000, according to federal law.

In the April interview, the former San Antonio mayor, who is reportedly being vetted to be Hillary Clinton's vice president, tells Katie Couric, "Now, taking off my HUD hat for a second and speaking individually, it is very clear that Hillary Clinton is the most experienced, thoughtful and prepared candidate for president that we have this year."

I've encountered few people in my decade of Democratic politics just concluded who have acted more cautious and self-centered about their political future and viability than the Castros.  To say that this takes him out of the running for veep is an understatement.  He may have ruined all of his future prospects with this fumble.  Clinton is campaigning in in Florida this Friday and Saturday, and that's allegedly when she will be making her choice for running mate.

So it's going to be Tim Kaine, I now suspect.  That's about as lousy as can be for progressives ... unless she picks John Lickenhooper, that is.  Kaine's weak enough, but "Clinton-Hickenlooper" would be one crappy bumper sticker, not to mention ticket.

Chachi audibles for Tebow at RNC

Everybody knew that the Prayin' Quarterback was a lousy football player, but this is a humiliation even he couldn't have imagined.

(Former NFL mostly-tight-end Tim) Tebow ... quickly distanced himself from the GOP proceedings in Cleveland, taking to Facebook and Instagram to post a video in which he explained that his reported appearance was a misunderstanding in the most magnanimous way possible.

“What’s up, everybody?” Tebow cheerfully greeted a video audience of around 1.1 million (and counting) on the social media platforms. “I just got back from the Philippines, and I wake up this morning to find out that I’m speaking at the Republican National Convention.

“It’s amazing how fast rumors fly, and that’s exactly what it is—a rumor.”

It's a shame he wasn't tapped VP, wasn't it?  Probably coulda carried Florida.  I want to know what happened to Dennis Miller?  Or Jon Voight?  Or Gene Simmons?  Or Ted Nugent, for crine out loud?  Okay, put in Chachi.


(Sitcom teevee has-been Scott) Baio, best known for his work on “Happy Days” and “Charles in Charge,” is one of Hollywood’s best-known Republicans, but he was still floored by The Donald’s offer to speak on Cleveland’s big stage.

[...]

Baio, 55, is among several unconventional convention speakers in Monday night’s lineup.  He will follow a speech by Willie Robertson, star of A&E’s “Duck Dynasty” reality show. ... soap opera star Antonio Sabato Jr. — a veteran of “General Hospital” and “The Bold and the Beautiful” — will also take the stage.

I won't be watching but I will be Tweeting.

Update: "Who is Scott Baio and why do baby boomers care that he's speaking for Trump?"

I wasn’t alive when Happy Days aired, but I watched reruns on Nick at Nite and I don’t remember this character.

AHAHAHAHAHAHAHA