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Posts Tagged ‘Courts’

The Arizona Republic might want to rethink this strategy

Tuesday, May 21st, 2013

Posted by AzBlueMeanie:

The Arizona Republic has an editorial opinion today giving their direction to the Arizona House of Representatives on Governor Jan Brewer's Medicaid (AHCCCS) restoration plan, which could have just as easily been summed up in three words with a Nike ad: "Just do it." Our View: No time to punt on Medicaid.

This editorial opinion is entirely devoid of any discussion of the legitimate legal questions raised by Republic columnist Robert Robb in his column on Sunday. Senate pa...

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9th Circuit Court of Appeals strikes down Arizona’s 20-week abortion ban

Tuesday, May 21st, 2013

Posted by AzBlueMeanie:

It looks like the "Mayor" of Washington, D.C., Rep. Trent Franks (R-AZ), has a bit of a problem with his plan to take his anti-abortion crusade nationwide. The 9th Circuit Court of Appeals struck down Arizona's 20-week abortion ban law today. Doh! Court Strikes Down Arizona 20-Week Abortion Ban:

TalibanThe 9th U.S. Circuit Court of Appeals said the law violated a woman's constitutionally protected right to terminate a pregnancy before a fetus is able to survive outside the womb...

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The ‘Mayor’ of Washington, D.C. wants to take his anti-abortion crusade nationwide

Tuesday, May 21st, 2013

Posted by AzBlueMeanie:

This guy, again . . . last month I posted about Rep. Trent Franks still fancies himself 'Mayor' of Washington, D.C.:

When Rep. Trent Franks (R-AZ) is not channeling Joe McCarthy with his Islamophobia conspiracy theories about how the Council on American Islamic Relations tried to plant "spies" in the national security apparatus, House Republicans accuse Muslim group of trying to plant spies, or claiming that African-Americans were better off under slavery than they are to...

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The GOP wants to have it both ways on national security leaks to the media

Monday, May 20th, 2013

Posted by AzBlueMeanie:

Waybackmachine3Let's set Mr. Peabody's WABAC time machine to a little less than a year ago, to June of 2012 when this was the GOP position on national security leaks to the media. Republicans demand (again) special investigator to investigate leaks - CNN:

A group of Republican senators continued to fire away Tuesday at the Obama administration for its failure to appoint a special counsel to investigate leaks of classified information.

Sen. John McCain, R-Arizona, once again led the char...

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Robert Robb is right: refer a clean Medicaid (AHCCCS) restoration bill to the voters

Monday, May 20th, 2013

Posted by AzBlueMeanie:

I hate it when I have to agree with the Arizona Republic's über-conservative columnist Robert Robb, but even a broken clock is right twice a day, am I right?

Keep in mind that this latest column from Robert Robb is actually the strategy for a legal challenge to Governor Jan Brewer's Medicaid (AHCCCS) restoration plan, likely from his old employer, the Goldwater Institute, which is actively opposing the Governor's plan. If the Governor's plan is enacted by the legislature...

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SCOTUS watching down the final stretch

Saturday, May 18th, 2013

Posted by AzBlueMeanie:

According to the stats kept by Scotusblog.com, the U.S. Supreme Court has heard 74 merit cases this term, and issued opinions in 39 of those cases.

This leaves 35 opinions to be announced over the next six weeks before the end of June. Mondays are orders and opinions days, with the exception of Tuesday, May 28, because of the Memorial Day holiday.

There are several cases I am following for decisions expected to be issued late in the term on June 17 or June 24, but one nev...

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Update on Special Action challenge to the consolidated elections bill

Friday, May 17th, 2013

Posted by AzBlueMeanie:

Last year, Rep. Michelle Ugenti (R-Scottsdale) sponsored HB 2826 (consolidated election dates; political subdivisions), a bill providing for the consolidation of elections in the fall of even numbered years only. The law will apply to elections in 2014 and thereafter.

The City of Tucson filed its special action for declaratory and injunctive relief on October 10, 2013 in the Pima County Superior Court, City of Tucson v. State of Arizona et al. (Case No. C20126272). The Ci...

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Making the right to vote a fundamental constitutional right

Thursday, May 16th, 2013

Posted by AzBlueMeanie:

I have posted about this topic from time to time whenever a member of Congress introduces a bill for a constitutional amendment that would make the right to vote a fundamental constitutional right. This is important, because fundamental constitutional rights are subject to the strict scrutiny standard of review by the federal courts. Currently the right to vote, which is not expressly guaranteed in the Constitution, is generally reviewed under the rational basis standard ...

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Neo-Confederate dead-enders put the long discredited and unconstitutional theories of ‘nullification, interposition and secession’ on the 2014 ballot

Wednesday, May 15th, 2013

Posted by AzBlueMeanie:

I posted about this previously, Arizona's Neo-Confederate dead-enders and secession:

AZConfederacyRemember the "Checks and Balances in Government" citizens initiative aka the "nullification" initiative from a nutty Scottsdale millionaire businessman, Jack Biltis, that failed to qualify for the ballot due to an insufficient number of signatures last year? Businessman spends $1.2 million to put nullification measure on ballot.

Biltis has decided to bypass the expense of another initiati...

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Minnesota makes it a ‘baker’s dozen’ approving same-sex marriages

Monday, May 13th, 2013

Posted by AzBlueMeanie:

My home state of Minnesota just became the 12th state, plus the District of Columbia, to approve same-sex marriages . . . a "baker's dozen."

The Minneapolis Star-Tribune reports, In historic vote, Minnesota Senate approves same-sex marriage bill:

With deafening cheers and overwhelming emotion, the Minnesota Senate voted 37-30 to legalize same-sex marriage.

“Today, love wins,” said Sen. Tony Lourey, DFL-Kerrick.

The vote, on the heels of a vote last week in the House, ...

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Repeal Citizens United movement gaining momentum

Wednesday, May 8th, 2013

Posted by AzBlueMeanie:

Maybe the Arizona legislature would like to jump on the bandwagon? Oh right, they do the bidding of the Goldwater Institute, a charter member of the "Kochtopus," and a big supporter of its dark money organizations and Citizens United v. FEC, and also gutting Arizona's Citizens Clean Elections. "Power to the Plutocrats!"

John Nichols at The Nation reports that Maine, a pioneer of publicly financed campaigns, has become the thirteenth state to pass a resolution calling for ...

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Update on Special Action challenge to the consolidated elections bill

Monday, May 6th, 2013

Posted by AzBlueMeanie:

Last year, Rep. Michelle Ugenti (R-Scottsdale) sponsored HB 2826 (consolidated election dates; political subdivisions), a bill providing for the consolidation of elections in the fall of even numbered years only. The law will apply to elections in 2014 and thereafter.

The City of Tucson filed its special action for declaratory and injunctive relief on October 10, 2013 in the Pima County Superior Court, City of Tucson v. State of Arizona et al. (Case No. C20126272). The Ci...

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Tea-Publican Kansas asserts the long-discredited and rejected theory of nullification, interposition and secession over gun rights

Sunday, May 5th, 2013

Posted by AzBlueMeanie:

Those of you who remember your U.S. history will recall that Bleeding Kansas (1854-1861) was a proxy war between anti-slavery free-staters and pro-slavery "border ruffians" from the neighboring state of Missouri. It presaged the American Civil War, in which the Confederacy asserted the theory of nullification, interposition and secession.

While Kansas entered the Union as a free state in January 1861, 152 years later Neo-Confederate dead-enders are now in control of Kansa...

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States try to tackle ‘dark money’ groups

Friday, May 3rd, 2013

Posted by AzblueMeanie:

The Los Angeles Times reports, States try to tackle 'secret money' in politics:

Early last month, state lawyers and election officials around the country dialed into a conference call to talk about how to deal with the flood of secret money that played an unprecedented role in the 2012 election.

The discussion, which included officials from California, New York, Alaska and Maine, was a first step toward a collaborative effort to force tax-exempt advocacy organizations an...

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The City of Bisbee wins (sorta) on civil unions

Wednesday, May 1st, 2013

Posted by AzBlueMeanie:

A couple of weeks ago, Attorney General Tom "banned for life by the SEC" Horne was threatening to sue the City of Bisbee over a newly enacted civil unions ordinance, at the prompting of Mullah Cathi Herrod and her Christian Taliban at the Center for Arizona Policy (CAP).

It looks like the Mullah will not get her lawsuit to call down hellfire on gay couples who want to make a public commitment to one another, and the City of Bisbee wins (sorta) on its civil unions ordina...

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Arizona’s ‘resign to run’ law effectively nullified

Wednesday, May 1st, 2013

Posted by AzBlueMeanie:

Constitutional provisions enacted by the voters through initiative or referendum can only be repealed by the voters through another initiative or referendum. At least, that is how it is supposed to work.

The ballot referendum proposed by the Arizona Legislature in 1979 to amend the Arizona Constitution to impose a "resign to run" law was approved by the voters at the 1980 general election. Article 22, Sec. 18 of the Arizona Constitution provides "Except during the fi...

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U.S. Supreme Court rejects appeal of Alabama anti-immigrant law

Tuesday, April 30th, 2013

Posted by AzBlueMeanie:

The ALEC model legislation for the anti-immigrant crusade of Kris Kobach, legal counsel with the Immigration Law Reform Institute, the legal arm of the anti-immigrant Federation for American Immigration Reform (FAIR), and the author of Arizona's SB 1070, is losing in court. Federal courts have made it clear that federal law preempts the field in immigration law. Only federal gov't, not states, can enforce immigration laws, Supreme Court says:

The Supreme Court made it cle...

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Thoughts on the election consolidation bill now in court

Tuesday, April 30th, 2013

Posted by AzBlueMeanie:

Last year, Rep. Michelle Ugenti (R-Scottsdale) sponsored HB 2826 (consolidated election dates; political subdivisions), a bill providing for the consolidation of elections in the fall of even numbered years only. The law will apply to elections in 2014 and thereafter.

This legislation purportedly is the first of its kind enacted in the nation -- a strong indication that it is an ALEC drafted bill, as it was also supported by other "Kochtopus" funded groups such as Americ...

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What is wrong with America in one photo

Sunday, April 28th, 2013

Posted by AzBlueMeanie:

U.S. Supreme Court Justice Antonin Scalia is a guest of Bill O'Rielly at the FAUX News Fraudcasting table, at the 2013 White House Correspondents' Association Dinner. For those of us who have to actually read the transcripts of U.S. Supreme Court oral arguments, Scalia asks questions based upon willfully ignorant information he obviously learned from watching FAUX News, with a disturbing regularity.

Screenshot from 2013-04-28 13:43:14

And why is this important?

Gary May writes at the Washington Post, Scal...

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Update on the City of Tucson’s legal challenge to consolidated election dates

Thursday, April 25th, 2013

Posted by AzBlueMeanie:

Updating an earlier post, Update on the City of Tucson's legal challenge to consolidated election dates.

The City of Tucson filed a special action for declaratory and injunctive relief on October 10, 2013 in the Pima County Superior Court, City of Tucson v. State of Arizona et al. (Case No. C20126272). The City of Phoenix was permitted to intervene as a plaintiff. The case is assigned to Judge James E. Marner. Oral Argument on Plaintiffs’ Complaint for Special Action ...

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