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Showing posts with label Merrick Garland. Show all posts
Showing posts with label Merrick Garland. Show all posts

12 June 2018

BREAKING: Voting rights loss at SCOTUS & Supreme Court says yes to voter purges, giving Republicans another way to rig elections & Supreme Court Deals a Blow to Voting Rights and Invites More States to Purge Their Rolls 11JUN18

Image result for image jellyfish democrats
THE right wing fanatics of the republican party have worked for years to impose voter registration and voting restrictions  restrictions on minorities, the poor and students because these are generally Democratic voters. The have claimed rampant voter fraud in past elections, NOT MY pres drumpf/trump and his neo-nazi administration along with fascist republican state and federal politicians claim there were millions of fraudulent Democratic votes cast in the 2016 presidential election. They have NEVER been able to prove any of these mass voter fraud claims, most of these claims have been disproved. The republican's voter restrictions are moving forward and becoming law because they have been successful in getting weak, spineless jellyfish democrats to approve ultra conservative neo-con judges to the judiciary, fascist like neil gorsuch to the US Supreme Court (AFTER sen mitch mcconnell r KY denied Pres Obama's nominee to the court, Merrick Garland, a vote in the US Senate). Democrats need to block ALL nominations before the Senate until the new US Congress is sworn in after the November midterm elections. From the ACLU and Mother Jones.....
ACLU

The Supreme Court just rubber-stamped Ohio's voter suppression tactics in Husted v. A. Philip Randolph Institute. The decision gives Ohio the power to target voters who miss just one election cycle for removal from the rolls. This is despite the National Voter Registration Act's express prohibition on purging voters just because they don't vote. I'm furious, but I'm more driven than ever to defend our most fundamental right.

This decision is a gutting reminder that the Trump administration is determined to turn back the clock on our voting rights. For decades, the Justice Department maintained this type of voter purge was illegal, but under the Trump administration and Attorney General Sessions, the department switched sides and supported Ohio's unnecessary restrictions on the right to vote.

In the face of roadblocks to the polls, we must exercise our right to vote now more than ever. We must vote for leaders who will make voting easier – not harder. We must vote like our rights depend on it. Pledge now to be an ACLU Voter this election cycle.

Under Ohio's "Supplemental Process," if you miss just one election cycle, you risk losing your voter registration. The state wrongly assumes that voters who don't cast a ballot in two years have changed addresses, invalidating their current registrations. As a result, hundreds of thousands of Ohioans have been stripped of their right to vote, and many only find out when they arrive at the voting booth. And like every barrier to voting, people of color and those with low incomes are disenfranchised the most.

Let's be clear: Our right to vote isn't 'use it or lose it' – and this decision doesn't give states a green light to kick eligible voters off the roll without notice.

We must do everything we can to defend our most fundamental right – by showing up to vote this fall. Our democracy is strongest when every voice can be heard, when every eligible citizen can cast a ballot and have it counted. Pledge to be an ACLU Voter so that we can continue to exercise this fundamental right and make voting accessible for all.

Thanks for defending our democracy,

Anthony D. Romero

Anthony D. Romero
ACLU Executive Director



Supreme Court says yes to voter purges, giving Republicans another way to rig elections

 The Supreme Court dealt yet another blow to voting rights on Monday, this time giving states the go-ahead to purge their voter rolls, a practice that disproportionately targets Democratic-leaning populations and in particular people of color:
The case hinged on interpretation of the National Voter Registration Act (NVRA), a 1993 civil rights law intended to increase voter registration and participation. But in recent years, some conservative activists began using certain provisions of the law to force states to more aggressively purge their rolls. Those provisions govern what’s known as “list maintenance,” and their stated purpose is to remove people who have moved or passed away. But election officials instead sometimes use list maintenance to remove eligible voters—particularly poor ones and people of color—because they haven’t voted frequently enough. [...]
The court’s 5-4 decision is likely to resurrect an era that the NVRA was meant to end. The practice of purging voters dates back more than 100 years. Just as today, it was justified as a necessary tool to thwart fraud and maintain the integrity of elections. But in practice, it was often used to suppress the votes of those who might not support the party in power. The result of the aggressive purges was that Americans participated in elections at a far lower rate than citizens of other Western democracies.
And low election participation rates is just what Republicans want—so Republican-controlled states will doubtless take this anti-democratic Supreme Court decision and run with it, giving Republicans yet another advantage in an increasingly rigged system.

Supreme Court Deals a Blow to Voting Rights and Invites More States to Purge Their Rolls

The court sided with Ohio’s Republican secretary of state, who had aggressively removed infrequent voters from the rolls.

The Supreme Court dealt a big blow to voting rights Monday, in a decision that is likely to green-light aggressive purging of voter rolls across the country.
The case originated in Ohio, where the Republican secretary of state manages an aggressive program of removing infrequent voters from the rolls. The effect of this effort is that thousands of eligible voters are removed from the rolls, and strong evidence suggests that the policy causes minorities in heavily Democratic areas to be purged disproportionately. People who are removed are not informed, so they’re often unable to re-register before an election takes place, and lose their ability to vote. 
The case hinged on interpretation of the National Voter Registration Act (NVRA), a 1993 civil rights law intended to increase voter registration and participation. But in recent years, some conservative activists began using certain provisions of the law to force states to more aggressively purge their rolls. Those provisions govern what’s known as “list maintenance,” and their stated purpose is to remove people who have moved or passed away. But election officials instead sometimes use list maintenance to remove eligible voters—particularly poor ones and people of color—because they haven’t voted frequently enough.
The state of Ohio sends a notice every year to voters who have not cast a ballot in the previous two-year cycle. Voters are asked to respond to the notice, update their registration online, or vote sometime in the next four years. If they do none of these things, they are removed from the rolls, ostensibly in an effort to prevent voter fraud by removing ineligible names. The issue before the court was whether this process violates the NVRA’s prohibition on removing voters because of their failure to cast a ballot. The conservative majority, in an opinion by Justice Samuel Alito, found it did not, because it doesn’t rely solely on a person’s failure to vote, and because the provision does allow states to consider people’s voting history in their efforts to locate ineligible voters. But the majority did not grapple with the effects of the policy. 
The result of the policy is that voting becomes harder for thousands of people, particularly minority and poor citizens. Reuters analyzed Ohio’s three largest counties and found that people in Democratic-leaning neighborhoods were removed at twice the rate of people in Republican areas, and that “neighborhoods that have a high proportion of poor, African-American residents are hit hardest.”

The court’s 5-4 decision is likely to resurrect an era that the NVRA was meant to end. The practice of purging voters dates back more than 100 years. Just as today, it was justified as a necessary tool to thwart fraud and maintain the integrity of elections. But in practice, it was often used to suppress the votes of those who might not support the party in power. The result of the aggressive purges was that Americans participated in elections at a far lower rate than citizens of other Western democracies. Purges were often more aggressive in Southern states, particularly after the civil rights movement removed other barriers, such as poll taxes, for African Americans to cast ballots. The NVRA was meant to solve this problem, and it specifically prohibited states from removing people from the rolls “by reason of the person’s failure to vote.”
In a fiery dissent, Justice Sonia Sotomayor accused her conservative colleagues of ignoring the ramifications of their decision and the history of discrimination behind voter purges like Ohio’s. “Congress enacted the NVRA against the backdrop of substantial efforts by States to disenfranchise low-income and minority voters,” she wrote. In allowing Ohio’s program to continue, the court is “sanctioning the very purging that Congress expressly sought to protect against.” Until the NVRA, states used annual registration requirements and purges that, Sotomayor noted, kept turnout low among African Americans and immigrants. And Ohio’s program, she wrote, likewise had a disproportionate effect on minority and poor voters, as well as disabled voters and veterans. 
In fall 2016, the Sixth Circuit Court of Appeals found that Ohio’s policy violated this NVRA provision. The ruling forced Ohio to reinstate 7,500 voters it had purged in time for the 2016 elections. But the Supreme Court’s majority opinion overrules the lower court’s decision.
The Justice Department opposed Ohio’s practice during the Obama administration. But it reversed its stance under Attorney General Jeff Sessions—one of many voting rights cases in which the Trump administration has come down in favor of making it harder to vote.
In recent years, Republican activists have sought to weaken other core provisions of the NVRA. Kris Kobach, Kansas’ Republican secretary of state and the public face of the conservative movement to limit access to the polls, has drafted legislation to amend the NVRA so that he and other election officials can require people to provide proof of citizenship in order to register—a move that would once again have an outsized impact on low-income and minority citizens.

08 April 2017

Senate Confirms Gorsuch To Supreme Court 7APR17


FASCIST, right wing extremist neil gorsuch has been approved  by the repiglican controlled senate after Senatsmehrfotzeheit mitch mcconnell r KY invoked the nuclear option so gorsuch could be approved as the next justice of the U.S. Supreme Court. mcconnell tries to blame the senate Democrats but this is a result of mcconnell's publically stated plan to obstruct Pres Obama. Not only did mcconnell and the senate repiglicans block Merrick Garland from the entire confirmation process the article below notes " Indeed, during President Barack Obama's first term, Republicans blocked or delayed executive branch and lower court nominations 79 times. That's more than half of all the 149 filibusters used against presidential nominees in the nation's history. The Democrats noted that even as they abolished the filibuster for executive and lower court nominations in 2013, they left it in place for Supreme Court nominations, believing that lifetime appointments to the nation's highest court are different. " Now, instead of threats to our civil liberties, civil rights, human rights, to the U.S. Constitution coming from right wing political fanatics  the threats will be coming from the high court itself, the very court that is supposed to protect us all. This from +NPR .....

Senate Confirms Gorsuch To Supreme Court

Updated at 2:47 p.m. ET
Judge Neil Gorsuch was confirmed Friday as the 113th justice to serve on the nation's highest court. The final vote was 54-45, mostly along party lines.
Gorsuch will be sworn in Monday. Chief Justice John Roberts will administer the constitutional oath in a private ceremony at the Supreme Court. Later in the day, Justice Anthony Kennedy, for whom Gorsuch once clerked, will administer the judicial oath in a ceremony at the White House.
Rumors among conservative activists have been swirling around Washington this year that Kennedy will retire at the end of this term of the high court, but the 80-year-old conservative justice, who sometimes votes with the court's liberals, has remained mum on his plans. Were he to be replaced by a Trump-nominated conservative justice, the balance of the court would almost certainly be tipped in a dramatically more conservative direction, and even Kennedy's own legacy on equality for gays and lesbians could be in jeopardy.
For now, though, the focus is on the court's newest justice, the 49-year-old Gorsuch.
His path to confirmation was relatively short by modern standards — just 65 days. But it was accomplished with a historic vote Thursday to end the U.S. Senate's filibuster rule for Supreme Court nominees.
Gorsuch takes the place of the late Justice Antonin Scalia, a conservative icon who died unexpectedly more than a year ago.
The new justice is also a conservative who adheres to many of the same positions that Scalia did. Indeed, some believe that Gorsuch will be more conservative.
While Scalia was enormously well-liked and admired by fellow justices, his harsh written rhetoric sometimes diminished his influence internally on the court. Gorsuch, in contrast, is known for his clear writing, but not for a harsh or dismissive writing style, and that could make him an influential justice on a court that is often closely divided on some major issues.
Though he obfuscated and evaded on many questions put to him during his confirmation hearing, all indications are that he will vote most often with the court's conservative bloc of justices, providing a fifth vote for a conservative majority in 5-4 cases.
The Supreme Court so far this year has punted on controversial issues, seemingly to avoid an indecisive 4-4 tie. But it has cases pending before it for next term that, if granted for review, could expand gun rights to include carrying concealed firearms in public; uphold state voting restrictions that critics contend are aimed at suppressing minority voter turnout; and allow business owners to refuse to serve gay couples, based on religious objections.
Within days of his swearing-in, Gorsuch is likely to face an issue that is particularly difficult for new justices — casting life or death votes on last-minute appeals in capital cases. The number of these cases right now is unusually large. Arkansas has scheduled eight executions for the 11 days after Easter, and it is all but certain that some of those cases will reach the Supreme Court.
Justices past and present have said that regardless of a new justice's experience on the lower courts, it is something very different to have the last word, and that it typically takes several years to get used to the breadth of the caseload and that responsibility. But for a new justice who joins the court mid-term, that task and the fire hose of decisions faced with little time to prepare, is even greater.
In 10 days, the justices will begin hearing their last round of arguments for this term. Among the cases to be heard is a closely watched case testing whether a Missouri church school was wrongly denied state funding for a program to make playgrounds safer. The state maintains that it cannot provide the funding without violating the constitutional requirement of separation of church and state.
Republicans change the rules
Prodded Thursday by Senate Republican leader Mitch McConnell, the Senate voted 52-48, along party lines, to trigger the so-called "nuclear option," eliminating the Senate filibuster for Supreme Court confirmations.
With a series of choreographed parliamentary maneuvers, Republicans were able, by majority vote, to abolish the longstanding rule that required 60 votes to cut off debate on a Supreme Court nomination. The victory prompted high-fives between Majority Leader Sen. Mitch McConnell and the majority whip, Sen. John Cornyn.
Senators from both parties have warned that the move will have profound consequences for the Supreme Court, predicting that more ideologically extreme judges on the right and left will be nominated to the court if only a majority is needed for confirmation. Likewise, senators have predicted that the Supreme Court will itself be injected more and more as a central issue in Senate elections, further eroding the once prized bipartisanship that made the Senate "the world's most deliberative body."
Escalating tit-for-tat in the Senate
Republicans sought to blame Democrats for the shift in the Senate's rules, noting that it was the Democrats who first abandoned the filibuster rule with a majority vote maneuver in 2013.
But Democrats replied that they were left no choice after Republicans' systematic abuse of the filibuster during the first four years of the Obama presidency, making it extraordinarily difficult to confirm lower court and executive branch nominees.
Indeed, during President Barack Obama's first term, Republicans blocked or delayed executive branch and lower court nominations 79 times. That's more than half of all the 149 filibusters used against presidential nominees in the nation's history.
The Democrats noted that even as they abolished the filibuster for executive and lower court nominations in 2013, they left it in place for Supreme Court nominations, believing that lifetime appointments to the nation's highest court are different.
Some Republicans, like Sen. Ted Cruz, maintained on Thursday that the Democrats had bowed to demands from the "radical left" in demanding that Democratic senators "obstruct everything." And indeed, liberal activists have pressed Democratic senators hard on the Gorsuch nomination, threatening some with primary opponents if they voted to allow a quick vote for Gorsuch.
But Democrats cited a variety of reasons for their votes to bar a cutoff of debate on Gorsuch. Among them: his conservative judicial philosophy as expressed in his 10 years on the bench, his evasive answers during the confirmation hearing and a burning resentment at the Republicans' unprecedented refusal for nearly a year to even hold a hearing on Obama's nomination of Judge Merrick Garland to the Supreme Court.
Thursday's vote means that from now on, all nominations, including those to the Supreme Court, can be quickly approved by a majority vote in the Senate.
The remaining question is whether Republicans will seek, by majority vote, to abolish the filibuster as it applies to legislation. On Thursday, Republican Sen. Orrin Hatch of Utah poured cold water on that idea.
"Oh no, we'll never do that," he said in response to a question. "If we do that, then the Senate will become like the House. The Senate is a place of deliberation. It's not supposed to be a place where you just move things quickly through, and the filibuster rule is a very great protection for the minority."
Democratic Sen. Tom Udall of New Mexico said there are plans afoot among a bipartisan group of senators to organize a private meeting in the Old Supreme Court Chamber, located in the Capitol, later this year.
The goal, he said, is to see if senators can figure out a way to promote more bipartisanship in a body where the two parties barely work together at all anymore.


06 April 2017

Republicans’ ‘Nuclear Option’ Could Have Lasting Effects On Federal Judiciary & BREAKING: 8 Arrested to #StopGorsuch & Senate Pulls 'Nuclear' Trigger To Ease Gorsuch Confirmation 6APR17


THE repiglicans have voted to change the US Senate rules and eliminate the filibuster so neil gorsuch can be approved for the US Supreme Court by a simple majority. This is the most extreme political hypocrisy because not only did senate repiglicans prevent a vote on Pres Obama's nominee for the court Merrick Garland in 2016 they also filibustered 79 Obama appointments and nominations during his presidency as part of their obstructionism of anything Obama tried to accomplish. Yes, then Senate Majority Leader Sen Harry Reid D NV did invoke the nuclear option it was only out of desperation to overcome the racist, fascist obstructionist policy of Sen mitch mcconnell r KY and his like minded allies in the senate. Listen to Nina Totenberg's report on WAMU followed by a report from Democracy Spring and +NPR 

Republicans’ ‘Nuclear Option’ Could Have Lasting Effects On Federal Judiciary

6 APR 17 Nina Totenberg

BREAKING: 8 Arrested to #StopGorsuch

We just sat-in inside one of the Senate office buildings demanding the Senate vote NO to confirm Neil Gorsuch to the Supreme Court. 8 Democracy Spring leaders were arrested for their courageous act of civil disobedience and are still in police custody.

Gorsuch would be a disaster for our democracy and our communities. We need a Supreme Court justice who will overturn Citizens United and stop the flood of big money in politics, not make it even easier for billionaires to buy elections. We need a justice who will stand up for everyday working people and fight for women’s and LGBTQ rights, not side with corporations and backward ideologues on the wrong side of history.
We are using nonviolent civil disobedience to resist the confirmation of Neil Gorsuch and defend our democracy. Watch and share this video of this morning’s sit-in.
We need everyone to be a part of this fight. Senate Democrats have filibustered the GOP’s vote to close debate. And now it looks like Republicans are going through with the so called "nuclear option" to change the Senate rules and force Gorsuch onto the court. The final Senate confirmation vote will be tomorrow
We’re in a final leg of this sprint. Here’s what you can do right now to help #StopGorsuch:
  1. Call your Senator and tell them to vote NO on Gorsuch: (202) 224-3121
The resistance is growing. The resistance is here.
Forward together,
The Democracy Spring team
This is how the Senate changes — not with a bang, but with a motion to overturn the ruling of the chair.
By a simple majority vote, Majority Leader Mitch McConnell, R-Ky., set a new precedent in the Senate that will ease the confirmation for President Trump's Supreme Court nominee Neil Gorsuch on Friday, after 30 more hours of debate on the floor.
"This will be the first, and last, partisan filibuster of a Supreme Court justice," said McConnell in a closing floor speech.
Senate Democrats voted against ending debate on Gorsuch's nomination on a near party-line vote, leaving Republicans shy the 60-vote hurdle required by Senate rules to move on to a final confirmation vote.
Democrats opposed Gorsuch for a variety of reasons, including his conservative judicial philosophy, dissatisfaction with his answers during his confirmation hearings and a simmering resentment towards McConnell's decision to block any consideration of President Obama's nominee Merrick Garland last year.
"We believe that what Republicans did to Merrick Garland was worse than a filibuster," said Senate Minority Leader Charles Schumer, D-N.Y.
So McConnell then, as promised, used the power of his position and with all of his GOP colleagues lined up behind him, to essentially change the rules of the Senate — to lower that threshold on Supreme Court nominations to end debate from 60 to 51 votes. The change did not affect the legislative filibuster.
McConnell made a point of order that ending debate on the nomination only requires a simple majority. The motion was not sustained by the chair because Senate rules required 60 votes, so McConnell then made a motion to overturn that ruling. And once that motion passed on a party-line vote, the Gorsuch nomination only needed 51 votes to clear the hurdle.
That mild-sounding parliamentary maneuver has the most destructive nickname, "the nuclear option," because it contains sweeping impact on the Senate, President Trump and all of his successors — and the nation as a whole.
By essentially eliminating the filibuster for Supreme Court nominees — an extension of the 2013 nuclear option triggered by then-Senate Majority Leader Harry Reid, D-Nev., for all lower court and executive branch nominees — all presidential nominees will now face a far easier path navigating through the Senate confirmation process. It also could make it easier for presidents to appoint more overtly partisan justices to the Supreme Court.
The change will also test the character of the Senate and the people who serve in it, and lay bare whether the upper chamber is slowly lurching towards becoming more like the majority-driven and reactionary House of Representatives, where the minority party has little substantive role.
Opponents of easing the filibuster warn that the next and likely step is to eliminate the legislative filibuster, which allows any one senator to hold up a piece of legislation and requires a 60-vote threshold to break the logjam and move such a bill forward. Critics of the filibuster say the maneuver is abused and used so regularly that it has rendered the Senate incapable of acting on even routine legislative matters.
The filibuster and the rights it gives to individual senators and the minority party are reasons why the Senate has long considered itself "the greatest deliberative body in the world."
But the use of filibusters and the polarization between the two parties have dramatically increased in the past two decades, making it harder and harder for the Senate to reach bipartisan consensus even on matters like the annual 12 spending bills.
The impact of McConnell's move Thursday is a matter of heated debate, and its long-term effects are unpredictable. Advocates of changing the Senate rules on filibusters say it may be a necessary evolution for a polarized Congress to function in the modern era, while opponents say it threatens to send the nation further down a path where the two parties are so opposed that bipartisanship and centrism are relics of another era.
"Today's vote is a cautionary tale about how unbridled partisan escalation can ultimately overwhelm our basic inclination to work together, and frustrate our efforts to pull back, blocking us from steering the ship of the Senate away from the rocks," Schumer said.