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Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Saturday, January 18, 2020

Patrick Leahy | Trump Broke the Law. Congress Must Now Defend the Separation of Powers.




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18 January 20

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Patrick Leahy | Trump Broke the Law. Congress Must Now Defend the Separation of Powers.
The Capitol in Washington, D.C., is seen at dawn. (photo: AP)
Patrick Leahy, The Washington Post
Leahy writes: "On Thursday morning, hours before senators were sworn in to serve on President Trump's impeachment trial, an independent, nonpartisan government watchdog confirmed what I have long suspected: When Trump froze congressionally appropriated military aid to Ukraine as part of an effort to compel Ukraine to investigate his political rival, he broke the law."
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The price tag for the president's border wall, now projected to be 576 miles long, has pushed past $11 billion. (photo: STAR FM)
The price tag for the president's border wall, now projected to be 576 miles long, has pushed past $11 billion. (photo: STAR FM)
At $11 Billion and Counting, Trump's Border Wall Would Be the World's Most Expensive
John Burnett, NPR
Burnett writes: "President Trump's border wall comes at a staggering cost: $11 billion, or nearly $20 million per mile. It's already the most expensive border wall in the world, and the costs keep piling up."
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Lee Carter, Virginia's only socialist state legislator. (photo: Bill O'Leary/WP/Getty Images)
Lee Carter, Virginia's only socialist state legislator. (photo: Bill O'Leary/WP/Getty Images)

ALSO SEE: Death Threats Will Force Virginia Lawmaker to a Safe House During Pro-Gun Rally

Lois Beckett, Guardian UK
Beckett writes: "Virginia's only socialist state legislator said he has been the target of multiple death threats over a bill that pro-gun activists misinterpreted as a potential threat to their rights."
The legislation introduced by Lee Carter, a 32-year-old Bernie Sanders-endorsed socialist, would allow public school teachers to strike without being fired, and has in fact nothing to do with guns. But some gun rights activists wrongly interpreted it as an attempt to fire law enforcement officials who might refuse to comply with gun control laws introduced by Virginia’s new Democratic legislative majority.
The result, Carter said, has been a torrent of threats and abuse on social media, from promises to vote him out of office, to claims that “this is tyranny and you know what we do to tyrants,” to explicit threats of murder, like, “I’m going to make sure you don’t live through this legislative session” or “I’m going to kill this guy, y’all make sure you don’t forget my name.”
Carter, says he has been so concerned about the death threats that he has started openly carrying a handgun to protect himself.
On Monday, when tens of thousands of gun rights activists will converge on the state capitol in Richmond for what is expected to be a volatile demonstration against the new gun control bills introduced by Virginia Democrats, Carter said that he plans to be in hiding, at an undisclosed location, concerned that he might be a target of violence even in his own home.
Among the threats against him, Carter said, there had been frequent mentions of Monday’s pro-gun protest, “and a lot of people saying, ‘We’re going to kick off the second American civil war. This guy is going to be the first one to die. Make sure you show up armed.”
Carter said he had reported a handful of what seemed to be the most serious social media threats to Virginia’s capitol police.
The Virginia governor, Ralph Northam, declared a state of emergency on Wednesday in advance of Monday’s pro-gun rally, citing law enforcement intelligence that armed anti-government activists were traveling from other states to join the rally, some of them with the goal of “violence, rioting and insurrection”.
Carter, who was re-elected to Virginia’s general assembly this November, said that the legislation that had led to death threats against him had originally been introduced last year. It was designed to repeal current Virginia law, which bars all public employees from striking, a policy that has been on the books since at least the 1950s, he said.
Public school teachers in other states have used strikes “to successfully raise the alarm about the conditions that they are teaching kids in”, Carter said. As a supporter of workers’ rights, he said, he wanted to make it possible for Virginia’s teachers to strike without being fired.
His original bill did not even get a hearing last year, he said, in part because his fellow lawmakers were concerned about the possibility of strikes by police officers undermining public safety. So he re-wrote the bill language, allowing all public employees except law enforcement officials to strike without penalty, and re-introduced it for the 2020 legislative session.
But when some gun rights activists read the bill, they claimed it meant something entirely different. Carter’s bill to allow teacher strikes was written into a broader narrative “that spread like wildfire within the conspiracy-minded parts of the rightwing internet”, he said, claiming that the state’s Democratic governor was working to confiscate Virginians’ guns, and that his new legislation was designed “to fire cops who don’t confiscate guns”.
That conspiracy theory relied upon a basic misreading of the bill text, which in fact kept longtime Virginia law intact for law enforcement officers, and created a new exemption for other public employees.
While a gun rights YouTube channel had appeared to be central to spreading the misreading of his bill to a wide audience, Carter said that some of the misinformation about his bill appeared to be fueled by police unions, and even by a fellow Republican state lawmaker – all people, he said, who should be able to accurately read legislation.
A longtime gun owner and marine veteran himself, Carter said he has never introduced any legislation related to guns, and that he considers himself a moderate when it comes to gun laws – supportive of universal background checks, for instance, but skeptical of an assault weapons ban.
“I got re-elected without saying the word gun once,” Carter said.
That was not the case for some of Virginia’s Democratic politicians, who had campaigned on gun violence prevention as a central issue in November’s elections. After Democrats won full control of the state government for the first time in 26 years, Virginia’s Democratic governor announced that passing gun control laws, including an assault weapons ban, would be a top priority.
Carter said he saw this choice as a “terrible idea”, one that played directly into conspiracy theories that have circulated in rightwing groups for decades. The draft legislation for a Virginia assault weapons ban, which was originally written to include a ban on the possession of military-style weapons, sparked fears of confiscation among Virginia’s gun owners, and helped fuel a passionate grassroots movement against gun control across the state.
“[The extreme right] has been saying for years that an assault weapon ban is going to be their excuse to start killing people,” Carter said. “I tried to have this conversation with my colleagues, but, frankly, a lot of my colleagues don’t want to believe that that’s out there.”
“I won’t even say it’s like a landmine, because a landmine you can’t see. There’s a big button on the ground that says, ‘If you step here, it will explode’ and Democrats just stomped on it, because they didn’t want to believe that it exists.”
Instead, he said, he believed Democrats had an “head in the sand” mentality, he said, “that we can enact this policy, and that it will be fine”.
“Their faith in institutions is so strong that they refuse to believe it’s not shared by everyone.”
While Carter has previously kept guns for self-defense in his home, he said he has never before regularly carried a gun in public. Now, he said, he will be continuing to monitor internet chatter, and showing up armed to public events when he believes there might be heightened risk of an attack.

“I am having to take steps to protect myself and protect my family,” he said. “It’s unfortunate that we’ve gotten to this point.”


The lawsuit argues that the new food-stamp rule 'turns a blind eye' to local labor market conditions, which aren't always as rosy as the U.S. or even statewide unemployment numbers might suggest. (photo: Shutterstock)
The lawsuit argues that the new food-stamp rule 'turns a blind eye' to local labor market conditions, which aren't always as rosy as the U.S. or even statewide unemployment numbers might suggest. (photo: Shutterstock)

Aimee Picchi, CBS News
Picchi writes: "14 states, New York City and Washington, DC are suing to block a recent Trump administration rule that will deny food stamps to about 700,000 poor adults."

EXCERPTS: 
The rule will also lead to higher state costs due to hunger and higher health care expenditures, as well as from increased administrative burdens to handle the new regulation, the lawsuit alleges. The states and cities allege that the new rule forces them to rely on overly broad jobless data that ignores the realities of regions around the country where good-paying jobs can still be hard to come by. 
The new rule was announced in December as part of the U.S. Department of Agriculture's push to reform food stamps, formally known as the Supplemental Nutrition Assistance Program (SNAP). Increasing work requirements for adults between the ages of 18 to 49 who don't have children and who are "able bodied" will encourage them to return to work, Department of Agriculture Secretary Sonny Perdue said at the time. The food stamp program was meant to provide "assistance through difficult times, not a way of life," he said.
But narrowing eligibility for SNAP aid will have the opposite effect, according to critics.
"Implementation of this rule will not increase the employment rate among SNAP beneficiaries. But it will most definitely increase hunger," Eric Angel, executive director of the Legal Aid Society of the District of Columbia, said in a statement.

The new rule doesn't apply to children or their parents, disabled Americans, or those over age 50. The food stamp program limits Americans to three months of benefits, unless they're either working or in training for 20 hours a week. Under the old regulations, states could waive those limits if a region's unemployment rate is 20% above the national rate, which stood at 3.5% in December.
That currently places the waiver threshold at an unemployment rate of about 4.2%; the new rule will increase it to 6%, making it harder for some states to qualify for the waiver and expand food aid. As of November, only one state — Alaska — had a jobless rate above 6%. 
The states that are suing are: California, Connecticut, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Virginia. 


Activists in front of the U.S. Supreme Court. (photo: Getty Images)
Activists in front of the U.S. Supreme Court. (photo: Getty Images)

US Supreme Court Takes Up Presidential Electoral College Dispute
Al Jazeera
Excerpt: "As the 2020 race heats up, the Supreme Court agreed on Friday to hear a dispute involving the complex United States presidential election system focusing on whether Electoral College electors are free to break their pledges to back the candidate who wins their state's popular vote, an act that could upend an election."
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A Mexican National Guard looks at local residents crossing the Suchiate River, near Ciudad Hidalgo, on the Mexican border with Guatemala. (photo: Maria Verza/AP)
A Mexican National Guard looks at local residents crossing the Suchiate River, near Ciudad Hidalgo, on the Mexican border with Guatemala. (photo: Maria Verza/AP)
Migrants, Troops Slowly Build Up on Guatemala-Mexico Border
Maria Verza, Associated Press
Verza writes: "More than 200 mostly Honduran migrants rested on a bridge at the Guatemala-Mexico border waiting for the arrival of others and hoping sheer numbers will improve their chances of entering Mexico and continuing their journey north."
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A satellite image of a towering smoke plume in New South Wales, Australia on Dec. 31, 2019. (photo: Pierre Markuse/Copernicus Sentinel)
A satellite image of a towering smoke plume in New South Wales, Australia on Dec. 31, 2019. (photo: Pierre Markuse/Copernicus Sentinel)

Scientists Find Australian Wildfire Smoke Has Circled the Globe
Natasha Roy, NBC News
Roy writes: "Smoke from the wildfires that are raging across Australia has circumnavigated the globe, NASA announced Tuesday."

A satellite traced the movement of the smoke and produced an image Monday showing areas in Australia where the smoke had reached its place of origin.

Scientists first observed the smoke from Australia making its way across the Pacific Ocean in December, and now say that they have tracked it back to the country's eastern region.
A satellite traced the movement of the smoke and produced an image Monday showing areas in Australia where the smoke had reached its place of origin.
The smoke from Australia has already had a “dramatic impact” on New Zealand, where it is “turning the skies hazy and causing colorful sunrises and sunsets,” NASA said in a statement.
NASA has emphasized that the fires in Australia can cause global damage, saying that “unprecedented conditions that include searing heat combined with historic dryness” have led to an erratic weather phenomenon called “fire clouds.” These clouds allow smoke to travel 10 miles high, and from there, it can disperse thousands of miles away from its origin.
This isn’t the first time smoke from a major fire has traveled across the planet. Mike Flannigan, director of the Canadian Partnership for Wildland Fire Science at the University of Alberta in Canada, said it has happened in fires in the United States and Canada in the past.
"One fire in Alberta caused smoke to travel to the eastern seaboard, and it was so thick, that the street lights came on during the day," Flannigan said. "It went to Europe and caused all sorts of problems in Europe."
The reach of wildfire smoke depends on wind patterns and the intensity of the fires. When smoke is ejected high into the atmosphere, it can be transported by winds all the way around the globe.
“Most of our weather occurs in what we call the troposphere, and that's about 10 kilometers (6 miles), give or take, and closest to the Earth,” Flannigan said. “Once you get into the stratosphere, it's a much more stable environment. So the smoke, ash can get trapped in there for weeks and months and be caught up in these wind patterns and transported around the Earth, going around the Earth again, because they do last weeks to months.”
Flannigan said that this can block some sunlight, which could cause a regional cooling effect. Eventually, gravity will likely cause the smoke and ash to settle lower in the atmosphere, closer to the Earth's surface, but he added that this could cause air quality problems and pose health risks.
Wildfire smoke causes hundreds of thousands of premature deaths on average every year, according to Flannigan. Most of these are in Southeast Asia, due to prolonged exposure. But he warns that episodic exposure is also risky.
“If it becomes constant ... then we do have really significant problems," Flannigan said. "But that's unlikely.”
While NASA states that this phenomenon can affect global atmospheric conditions, the overall impact of Australia’s smoke is still being studied.







Sunday, October 6, 2019

FOCUS: The Supreme Court Isn't Your Friend, Liberals





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06 October 19

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06 October 19
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FOCUS: The Supreme Court Isn't Your Friend, Liberals
S.C.O.T.U.S. (photo: Mandel Ngan/AFP)
Jack Schwartz, The Daily Beast
Schwartz writes: "What liberals and conservatives have in common in their current struggle over the complexion and purpose of the Supreme Court is that both harken back to their own distinct myths that serve as literal benchmarks on the nature of the federal judiciary."

EXCERPT:
One of the most illustrative moments in this narrative is how we arrived at the hallowed number of nine justices. It turns out that Andrew Jackson added two political cronies to the Supreme Court on his last day in office in 1837 with the collusion of a compliant Democratic Congress, thus expanding the number of judges from what till then had been seven. We can only wonder what Mitch McConnell, who held up Merrick Garland’s nomination during an election year, would have thought of such goings-on. Apparently, Jackson’s ploy as he was going out the door has gone unremarked by the critics of FDR’s court-packing scheme. For good measure, five of Jackson’s later appointees came from slave states—including his choice for chief justice, Roger Taney, whose court handed down the infamous Dred Scott decision.
Following the Civil War, the Supreme Court played a major role in impeding Reconstruction, curbing federal troops from protecting freemen in the former Confederacy and ultimately invalidating the Civil Rights Act of 1875. While the high court in effect gave a free hand to Klan terror in the South, it cracked down on labor unions in the industrializing North.
As Richard White demonstrates in The Republic for Which It Stands: The United States during Reconstruction and the Gilded Age, 1865-1896, it was during the Gilded Age that the Supreme Court and its federal tributaries hit full stride in terms of rampant judicial activism on behalf of a privileged class. While both Congress and state legislatures passed a considerable amount of labor reforms in response to the excesses of industrialization in the years between 1880 and 1900, the judiciary struck down over 60 of those laws.





Monday, September 2, 2019

FOCUS: Garrett Epps | 'The Supreme Court Is Not Well. And the People Know It.'







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02 September 19
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FOCUS: Garrett Epps | 'The Supreme Court Is Not Well. And the People Know It.' 
Brett Kavanaugh. (photo: REX/Shutterstock)
Garrett Epps, The Atlantic
Epps writes: "The Supreme Court as we once knew it—as a national institution that could at least sometimes stand apart from partisanship—died last year. The ongoing fight over its corpse spilled into public view last week."
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Thursday, August 29, 2019

FOCUS: Moira Donegan | A Future Without Ruth Bader Ginsburg Is a Chilling Prospect








Reader Supported News
28 August 19

We - finally - have a little traction on the August fundraiser. If we can pick up the pace just a little now, we have a chance of finishing.
Donate folks. We really need it, and it really helps.
Sincere thanks to all.
Marc Ash
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28 August 19
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FOCUS: Moira Donegan | A Future Without Ruth Bader Ginsburg Is a Chilling Prospect 
Ruth Bader Ginsburg. (photo: AP)
Moira Donegan, Guardian UK
Excerpt: "The 86-year-old justice can't live forever, and it increasingly looks like women's freedoms won't either."
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Saturday, July 6, 2019

FOCUS: The Supreme Court Is One Vote Away From Changing How the US Is Governed



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05 July 19

People love RSN, but why? Because we don’t lie, but why? Because we don’t have to. There is no one to pressure us to do so. We do what our supporters expect us to do.
Help RSN, the sky is the limit.
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FOCUS: The Supreme Court Is One Vote Away From Changing How the US Is Governed 
Justice Brett Kavanaugh had not yet been confirmed when the Supreme Court heard oral arguments in Gundy v. United States; his vote could have changed the outcome. (photo: Brendan Smialowski/Getty)
Jeannie Suk Gersen, The New Yorker
Gersen writes: "We are now explicitly on notice that the Court will likely abandon its longstanding tolerance of Congress delegating broadly to agencies."
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Friday, April 26, 2019

President Donald Trump Thinks Justices He Appointed Can Overturn Impeachment | The Last Word | MSNBC








Constitutional law professor Laurence Tribe calls Trump's contempt of Congress an "astonishing exercise in arrogant obstruction of justice" and an impeachable offense. Tribe explains to Lawrence why Trump cannot fight impeachment in the Supreme Court as he claimed.




Thursday, April 25, 2019

Robert Reich | Packing the Supreme Court




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25 April 19

Lacking Funding to Run RSN Now
It’s been more than a year of super poor fundraising returns and we are now running out of funds to meet RSN’s expenses. The last two months were a little better but we’re still not covering the costs.
A little more attention will fix this, but we need that now.
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Robert Reich | Packing the Supreme Court 
Robert Reich. (photo: Getty)
Robert Reich, Robert Reich's Blog
Reich writes: "The Supreme Court heard arguments today on the Trump administration's decision to alter the 2020 Census to ask people if they are American citizens."
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New York Attorney General Letitia James. (photo: Emil Cohen/New York City Council Office)
New York Attorney General Letitia James. (photo: Emil Cohen/New York City Council Office)
Deutsche Bank Begins Process of Providing Trump Financial Records to New York's Attorney General
Cristina Alesci, CNN
Alesci writes: "Deutsche Bank has begun the process of providing financial records to New York state's attorney general in response to a subpoena for documents related to loans made to President Donald Trump and his business, according to a person familiar with the production."
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US military personnel at Guantanamo Bay prison camp. (photo: Getty)
US military personnel at Guantanamo Bay prison camp. (photo: Getty)
The Trump Administration Is Considering Sending Migrant Children to Guantanamo Bay
Sophie Weiner, Splinter
Weiner writes: "Increasing numbers of families fleeing violence and persecution in Central America are coming into the U.S. to seek asylum."
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Sen. Bernie Sanders. (photo: Getty)
Sen. Bernie Sanders. (photo: Getty)
Bernie Sanders Gets It Right: Felons Ought to Be Allowed to Vote
Andrew Novak, The Daily Beast
Novak writes: "In their CNN town halls Monday night, Democratic presidential candidates Sen. Bernie Sanders and Mayor Pete Buttigieg disagreed on whether current prisoners should be able to vote. Sen. Kamala Harris refused to endorse a plan for expanding the franchise to incarcerated people, but supported voting rights for former prisoners."
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Smartphone with Twitter app. (photo: iStock)
Smartphone with Twitter app. (photo: iStock)
Twitter Shuts Down 5,000 Pro-Trump Bots Pushing Anti-Mueller Report Messages
Sean Gallagher, Ars Technica
Gallagher writes: "Twitter has suspended over 5,000 accounts tied to a network amplifying a message denouncing the report by Special Counsel Robert Mueller as a 'RussiaGate hoax.' According to a researcher, the accounts - most of which had only posted three or four times in the past - were connected to other accounts previously used to post pro-Saudi messages."
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German Foreign Minister Heiko Maas, center, participates in a Security Council meeting on sexual violence at United Nations headquarters, Tuesday, April 23, 2019. (photo: Seth Wenig)
German Foreign Minister Heiko Maas, center, participates in a Security Council meeting on sexual violence at United Nations headquarters, Tuesday, April 23, 2019. (photo: Seth Wenig)
UN Waters Down Resolution on Sexual Violence After Threat of US Veto
Casey Quinlan, ThinkProgress
Quinlan writes: "The United States successfully used the threat of its veto power to weaken language on a U.N. resolution against the use of rape as a weapon of war."
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Tundra near the site of a proposed road for Pebble Mine, a project that was dead until Donald Trump won the White House. (photo: Michael Melford/Getty)
Tundra near the site of a proposed road for Pebble Mine, a project that was dead until Donald Trump won the White House. (photo: Michael Melford/Getty)

Trump's EPA Wants to Put a Toxic Mine in Pristine Alaska. What Could Go Wrong?
Kim Heacox, Guardian UK
Heacox writes: "Back in my youth, while in Montana, I came across Berkeley Pit, called 'the richest hill on earth.' There, churches and historic neighborhoods were bulldozed to expand the pit so greedy men could make their fortunes mining copper, silver and gold."
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