Tuesday, November 17, 2009
McDonald v. Chicago
According to ScotusBlog, a challenge to Chicago's gun control laws (McDonald v Chicago) will focus on the Fourteenth Amendment's Privileges and Immunities Clause and ask the court to reconsider a decision it made in 1873 -- The Slaughter House Cases.
- Petitioner's Brief.
- Findlaw: Fourteenth Amendment's Privileges and Immunities Clause.
- Petitioner's Brief.
- Findlaw: Fourteenth Amendment's Privileges and Immunities Clause.
What's a Liberal Justice Now?
A useful read for my 2302's from Jeffrey Rosen in the NYT.
When talking about the Supreme Court, Barack Obama has resisted the familiar ideological categories that have defined our judicial battles for the past several decades. He has made clear that despite his progressive inclinations, he is not a 1960s-style, Warren Court liberal — someone who believes that the justices should boldly define constitutional rights in an effort to bring about social change. It’s true that Obama has cited Chief Justice Earl Warren as a judicial ideal, emphasizing that Warren, a former governor of California, had a sensitive understanding of the real-world effects of Supreme Court decisions. But at the same time, Obama has suggested that liberals in the Warren Court mold may have placed too much trust in the courts and not enough in political activism.
....
When talking about the Supreme Court, Barack Obama has resisted the familiar ideological categories that have defined our judicial battles for the past several decades. He has made clear that despite his progressive inclinations, he is not a 1960s-style, Warren Court liberal — someone who believes that the justices should boldly define constitutional rights in an effort to bring about social change. It’s true that Obama has cited Chief Justice Earl Warren as a judicial ideal, emphasizing that Warren, a former governor of California, had a sensitive understanding of the real-world effects of Supreme Court decisions. But at the same time, Obama has suggested that liberals in the Warren Court mold may have placed too much trust in the courts and not enough in political activism.
....
Monday, November 16, 2009
Public Opinion on Government
From the New Republic, an overview of the contradictory stances Americans tend to have about government. Though majorities often support the types of things government either does, or proposes to do, similar majorities tend to oppose the idea of government:
A Pew Poll released on October 8 found “steady support” for specific elements of the health care plan, including the public alternative to private insurance, the employer mandate, and the requirement that everyone have insurance. Nonetheless, popular support for the plan itself was declining, with 34 percent “generally [in] favor” and 47 percent “generally opposed.”
What accounts for this disparity?
....
In a Washington Post poll last month, a plurality worried that the health care plan “creates too much government involvement.” In a poll taken October 9–13 by Public Strategies in conjunction with Politico, 52 percent of respondents feared that Congress would go “too far in increasing the government’s role in health care.” In a Harris poll in early October, 65 percent agreed, and only 22 percent disagreed, with the “criticism” that “the proposed reform would result in a government-run health care system.” In other words, Americans are looking to the government for help, but they still don’t like the government.
A Pew Poll released on October 8 found “steady support” for specific elements of the health care plan, including the public alternative to private insurance, the employer mandate, and the requirement that everyone have insurance. Nonetheless, popular support for the plan itself was declining, with 34 percent “generally [in] favor” and 47 percent “generally opposed.”
What accounts for this disparity?
....
In a Washington Post poll last month, a plurality worried that the health care plan “creates too much government involvement.” In a poll taken October 9–13 by Public Strategies in conjunction with Politico, 52 percent of respondents feared that Congress would go “too far in increasing the government’s role in health care.” In a Harris poll in early October, 65 percent agreed, and only 22 percent disagreed, with the “criticism” that “the proposed reform would result in a government-run health care system.” In other words, Americans are looking to the government for help, but they still don’t like the government.
William Wayne Justice
Justice died recently at the age of 89. He was a Texas born federal court judge responsible for some of the more consequential court cases in recent history, including school desegregation, and prison reform. He was loved or hated depending on one's ideological leanings.
- Judge William Wayne Justice Dies - Obituary (Obit) - NYTimes.com
- William Wayne Justice - Wikipedia, the free encyclopedia
- Judge Justice dies at 89
- Grits for Breakfast: Judge William Wayne Justice, RIP 1920-2009
- William Wayne Justice Center for Public Interest Law – About Judge ...
- Essay: Bill Moyers on Justice Justice
- Judge William Wayne Justice Dies - Obituary (Obit) - NYTimes.com
- William Wayne Justice - Wikipedia, the free encyclopedia
- Judge Justice dies at 89
- Grits for Breakfast: Judge William Wayne Justice, RIP 1920-2009
- William Wayne Justice Center for Public Interest Law – About Judge ...
- Essay: Bill Moyers on Justice Justice
Obama's Limited Influence on the Judiciary
From the NYT:
President Obama has sent the Senate far fewer judicial nominations than former President George W. Bush did in his first 10 months in office, deflating the hopes of liberals that the White House would move quickly to reshape the federal judiciary after eight years of Republican appointments.
Mr. Bush, who made it an early goal to push conservatives into the judicial pipeline and left a strong stamp on the courts, had already nominated 28 appellate and 36 district candidates at a comparable point in his tenure. By contrast, Mr. Obama has offered 12 nominations to appeals courts and 14 to district courts.
President Obama has sent the Senate far fewer judicial nominations than former President George W. Bush did in his first 10 months in office, deflating the hopes of liberals that the White House would move quickly to reshape the federal judiciary after eight years of Republican appointments.
Mr. Bush, who made it an early goal to push conservatives into the judicial pipeline and left a strong stamp on the courts, had already nominated 28 appellate and 36 district candidates at a comparable point in his tenure. By contrast, Mr. Obama has offered 12 nominations to appeals courts and 14 to district courts.
Thursday, November 12, 2009
Religious Freedom, Fingerprinting, Public Safety, and The Mark of the Beast
A Texas school teacher risks losing her job for not allowing herself to be fingerprinted because she believes it is the Mark of the Beast, as referred to in the Book of Revelations:
From the Lufkin Daily News:
McLaurin, a devout Christian, firmly believes that the digitization of her fingerprint is the biblical equivalent to the "Mark of the Beast" as mentioned in the book of Revelation — Specifically, Revelation 13:16 - 17 and 14:9 - 11, which states, "He causes all, both small and great, rich and poor, free and slave, to receive a mark on their right hand and on their foreheads, and that no one may buy or sell except one who has the mark or the name of the beast, or the number of his name... Then a third angel followed them saying with a loud voice, if anyone worships the beast and his image and receives his mark on his forehead or on his hand he himself shall also drink of the wine of the wrath of God... He shall be tormented with fire and brimstone in the presence of the holy angels and in the presence of the lamb."
She does not believe that it is just coincidence that Revelation speaks about only those with the "mark on his forehead or finger" will be able to buy or sell, since only those teachers that comply with the fingerprinting requirements will maintain their jobs, Skelton said.
Related stories:
- ACS Blog Texas Public School Teacher Sees 'Mark of Beast' in ...
- Costly fingerprinting required for Texas public school workers ...
- Fighting the Biblical Beast in Texas: Evangelical Kindergarten ...
From the Lufkin Daily News:
McLaurin, a devout Christian, firmly believes that the digitization of her fingerprint is the biblical equivalent to the "Mark of the Beast" as mentioned in the book of Revelation — Specifically, Revelation 13:16 - 17 and 14:9 - 11, which states, "He causes all, both small and great, rich and poor, free and slave, to receive a mark on their right hand and on their foreheads, and that no one may buy or sell except one who has the mark or the name of the beast, or the number of his name... Then a third angel followed them saying with a loud voice, if anyone worships the beast and his image and receives his mark on his forehead or on his hand he himself shall also drink of the wine of the wrath of God... He shall be tormented with fire and brimstone in the presence of the holy angels and in the presence of the lamb."
She does not believe that it is just coincidence that Revelation speaks about only those with the "mark on his forehead or finger" will be able to buy or sell, since only those teachers that comply with the fingerprinting requirements will maintain their jobs, Skelton said.
Related stories:
- ACS Blog Texas Public School Teacher Sees 'Mark of Beast' in ...
- Costly fingerprinting required for Texas public school workers ...
- Fighting the Biblical Beast in Texas: Evangelical Kindergarten ...
Does the Westboro Baptist Church Push the Limits of Peaceable Assembly?
We're covering participatory rights this week in 2301, including the right to peaceably assemble. The, let's say unique, protests of the Westboro Baptist Church (wikipedia entry) have pushed the limits of what is and is not peaceable.
The New Republic reports on their attempts to expand their protests to New York.
The New Republic reports on their attempts to expand their protests to New York.
Tuesday, November 10, 2009
Scalia, Brown, and Originalism
Just in time for our discussion of judicial review in 2302 comes a terrific article about a face-of between Breyer and Scalia that included questions about how an originalist might have voted in Brown v. Board of Education.
To Scozzafava
A new verb has been created. From the Urban Dictionary.
Scozzafava
verb -- 1) to incite internal opposition against and undermine a moderate member of a political party, usually by right wing forces. 2) to ideologically purify an organization by eliminating members who don't adhere to orthodoxy.
Story in the WaPo.
Scozzafava
verb -- 1) to incite internal opposition against and undermine a moderate member of a political party, usually by right wing forces. 2) to ideologically purify an organization by eliminating members who don't adhere to orthodoxy.
Story in the WaPo.
Party Switch
Last week Democratic State Representative Chuck Hopson became Republican State Representative Chuck Hopson, in a move he states was a reflection of the increasing anti-Obama sentiment in his district.
In short, he wants to keep his seat.
Add on: Republicans are trying to convince more Democrats to switch.
In short, he wants to keep his seat.
Add on: Republicans are trying to convince more Democrats to switch.
Is it Illegal for a Prosecutor to Present False Evidence in Court?
Maybe, Maybe not. The Supreme Court will decide.
The case is Pottawattamie County v. McGhee.
Commentary and links from Grits for Breakfast. (Transcript of oral arguments)
The case is Pottawattamie County v. McGhee.
Commentary and links from Grits for Breakfast. (Transcript of oral arguments)
What Drove the 2009 Election Results?
Was it really a referendum on Obama, or was it simply due to turnout? The anti-Obama crowd is more likely to vote than the pro-Obama crowd. Perhaps this suggests that attitudes today are more or less where they were in November 2008.
Here are some stories that weigh in on this:
- Two Trends on Election Night
- The Obama Realignment: Too Soon to Tell [Ramesh Ponnuru]
- Tuesday's election results
- MSNBC INTERVIEW WITH VIRGINIA GOVERNOR TIM KAINE (D)
Here are some stories that weigh in on this:
- Two Trends on Election Night
- The Obama Realignment: Too Soon to Tell [Ramesh Ponnuru]
- Tuesday's election results
- MSNBC INTERVIEW WITH VIRGINIA GOVERNOR TIM KAINE (D)
New Link: Lobby Data
I added a link to my "Lobbyists" section below. Lobby Data is a pay service for people who want info on lobbyists, but there are some free links which you might find useful.
Sunset Committee Set
From the Texas Tribune.
Texas Speaker Joe Straus has named members of the Texas Sunset Committee for 2010.
Texas Sunset Commission.
Texas Speaker Joe Straus has named members of the Texas Sunset Committee for 2010.
Texas Sunset Commission.
Health Care Reform and the Art of The Possible
Critics argue that the health care bill passed by the house will not accomplish some of its goals, like cutting the cost of health care, but changes might cost the support of critical groups like doctors and hospitals who stand to lose funding if those changes are made.
Story in the NYT.
Will the perfect become the enemy of the good? Reminds me of the definition of politics as being the art of the possible.
Story in the NYT.
Will the perfect become the enemy of the good? Reminds me of the definition of politics as being the art of the possible.
Monday, November 9, 2009
Two Cases Narrowing Standing
We discussed standing in 2302 today and how the recent Supreme Court has used it to make it easier to not have to make decisions in certain cases. Here are two examples I ran across today:
- Hein v the Freedom From Religion Foundation: A case which challenged President Bush's Faith Based Initiatives on the grounds that they violated the Establishment Clause. The court rules that since the program was an executive action funded by general revenues, the organization which brought the suit lacked standing.
- Salazar v. Buono: An ongoing case, again involving the Establishment Clause, regarding the constitutionality of a cross erected on government land -- which was quickly sold to a private party -- and the refusal to allow a Buddhist group to build a similar monument. ScotusBlog suggests that this case may also be decided by denying the plaintiff standing.
- Hein v the Freedom From Religion Foundation: A case which challenged President Bush's Faith Based Initiatives on the grounds that they violated the Establishment Clause. The court rules that since the program was an executive action funded by general revenues, the organization which brought the suit lacked standing.
- Salazar v. Buono: An ongoing case, again involving the Establishment Clause, regarding the constitutionality of a cross erected on government land -- which was quickly sold to a private party -- and the refusal to allow a Buddhist group to build a similar monument. ScotusBlog suggests that this case may also be decided by denying the plaintiff standing.
Cruel and Unusual Punishment, and Patents
Those are the subjects of two Supreme Court cases we covered in 2302 today:
- Supreme Court Ruling May Transform Tech Industry
- Supreme Court To Hear Arguments On Life Sentences For Juveniles
- Supreme Court Ruling May Transform Tech Industry
- Supreme Court To Hear Arguments On Life Sentences For Juveniles
Sunday, November 8, 2009
Past Divisions in the Texas Democratic Party
From the Texas Tribune: A Brief History of Fraticide.
Few things are uglier that intraparty conflict.
Few things are uglier that intraparty conflict.
Republican Primary Battle for SBOE #9
The contest between conservatives and moderates within the Texas Republican Party will play out in a primary battle for the State Board of Education's Ninth District.
Internal Divisions within the Democrats
The Democrats have their own issues attempting to restrain activists. Democrats who want to aggressively push abortion rights and civil rights for gays and lesbians are growing impatient with centrists and party leaders concerned with the electoral implications of those positions for their party in 2010.
Thursday, November 5, 2009
Wednesday, November 4, 2009
Centrists Win, Conservatives Lose
Yesterday's elections seem to prove the importance of running centrist campaigns if a party wishes to actually win elections to office, and underscore the problems when extreme candidates, or at least candidates that veer far to one side of the political spectrum represent the party.
Republicans won the two governors races (in New Jersey and Virginia) where the candidates largely refrained from excessive anti-Obama rhetoric in an apparent attempt to lure independents that voted for the president (and could do so again) to vote Republican. It was a big tent strategy that worked.
In New York's District 23rd however, where a more extreme conservative ran under the Conservative Party Label, the Republican vote was split. Some moderate Republicans -- possibly turned off by the conservative positions of the candidate -- voted for the Democrat. The Democrat won a seat the party had not held in over a century.
Now it will be interesting to see whether the national party will be able to encourage candidates to adopt the more centrist, inclusive strategy, or whether the conservative movement will continue to attempt to pull the party to the right and purge it of moderates.
Republicans won the two governors races (in New Jersey and Virginia) where the candidates largely refrained from excessive anti-Obama rhetoric in an apparent attempt to lure independents that voted for the president (and could do so again) to vote Republican. It was a big tent strategy that worked.
In New York's District 23rd however, where a more extreme conservative ran under the Conservative Party Label, the Republican vote was split. Some moderate Republicans -- possibly turned off by the conservative positions of the candidate -- voted for the Democrat. The Democrat won a seat the party had not held in over a century.
Now it will be interesting to see whether the national party will be able to encourage candidates to adopt the more centrist, inclusive strategy, or whether the conservative movement will continue to attempt to pull the party to the right and purge it of moderates.
Tuesday, November 3, 2009
Conservatives v. Republicans
From Politico:
In what could be a nightmare scenario for Republican Party officials, conservative activists are gearing up to challenge leading GOP candidates in more than a dozen key House and Senate races in 2010.
Conservatives and tea party activists had already set their sights on some of the GOP’s top Senate recruits — a list that includes Gov. Charlie Crist in Florida, former Rep. Rob Simmons in Connecticut and Rep. Mark Kirk in Illinois, among others.
But their success in Tuesday’s upstate New York special election, where grass-roots efforts pushed GOP nominee Dede Scozzafava to drop out of the race and helped Conservative Party nominee Doug Hoffman surge into the lead on the eve of Election Day, has generated more money and enthusiasm than organizers ever imagined.
Activists predict a wave that could roll from California to Kentucky to New Hampshire and that could leave even some GOP incumbents — Utah Sen. Bob Bennett is one — facing unexpectedly fierce challenges from their right flank.
“I would say it’s the tip of the spear,” said Dick Armey, the former GOP House majority leader who now serves as chairman of FreedomWorks, an organization that has been closely aligned with the tea party movement. “We are the biggest source of energy in American politics today.”
....
In what could be a nightmare scenario for Republican Party officials, conservative activists are gearing up to challenge leading GOP candidates in more than a dozen key House and Senate races in 2010.
Conservatives and tea party activists had already set their sights on some of the GOP’s top Senate recruits — a list that includes Gov. Charlie Crist in Florida, former Rep. Rob Simmons in Connecticut and Rep. Mark Kirk in Illinois, among others.
But their success in Tuesday’s upstate New York special election, where grass-roots efforts pushed GOP nominee Dede Scozzafava to drop out of the race and helped Conservative Party nominee Doug Hoffman surge into the lead on the eve of Election Day, has generated more money and enthusiasm than organizers ever imagined.
Activists predict a wave that could roll from California to Kentucky to New Hampshire and that could leave even some GOP incumbents — Utah Sen. Bob Bennett is one — facing unexpectedly fierce challenges from their right flank.
“I would say it’s the tip of the spear,” said Dick Armey, the former GOP House majority leader who now serves as chairman of FreedomWorks, an organization that has been closely aligned with the tea party movement. “We are the biggest source of energy in American politics today.”
....
Monday, November 2, 2009
Want to Investigate Governmental Agencies?
From Texas Watchdog, an invitation to learn how to investigate quasi-governmental agencies, what we call single purpose local governments:
Hope you can join us for the next Trent TV, a free monthly webinar for journalists, bloggers, citizen-journalists and activists. We’ll be discussing how to look into hospital authorities, sports authorities, and other agencies that are not 100% government like a public works department, but definitely not private corporations. We’ll talk about the types of records these agencies keep and how to peel back the layers of bureaucracy and get a closer look at how they spend taxpayer money.
Join us at 11:30 a.m. CST Tuesday, Nov. 10, at newmediatv.org.
Given the state of journalism, this might be how we find things out in the future.
Hope you can join us for the next Trent TV, a free monthly webinar for journalists, bloggers, citizen-journalists and activists. We’ll be discussing how to look into hospital authorities, sports authorities, and other agencies that are not 100% government like a public works department, but definitely not private corporations. We’ll talk about the types of records these agencies keep and how to peel back the layers of bureaucracy and get a closer look at how they spend taxpayer money.
Join us at 11:30 a.m. CST Tuesday, Nov. 10, at newmediatv.org.
Given the state of journalism, this might be how we find things out in the future.
What Do Local Candidates Spend Money On Anyway?
Here's a rundown on the expenditures on recent city council races in Houston.
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