Law

Nine Percent of Pennsylvanians May Not Be Able to Vote for Lack of ID

(Flickr/Katri Niemi)

The debate around voter ID laws is generally one about protection versus disenfranchisement. Advocates of the laws, which require photo identification to vote, often say the law won't have an impact anyone who's voting legally. In Pennsylvania, the Secretary of the Commonwealth assured lawmakers that 99 percent of voters in the state had the necessary identification, and promised that "No one entitled to vote will be denied that right by this bill." Her views were echoed by Republican lawmakers throughout the state who pushed for the measure. You need a photo ID for everything these days, the logic seemed to go, so why not voting too? After all, who doesn't have a photo ID? 

The DOJ Takes Aim at DOMA

Late on Tuesday, when just about everyone had already left for their Fourth of July celebrations, the Department of Justice announced that it was asking the Supreme Court to take two DOMA lawsuits, promptly. The first was no surprise: You know that the First Circuit already, very cautiously, declared in the Massachusetts cases (Gill v. OPM) that DOMA’s Section 3 was unconstitutional. That’s the section that says that, for federal purposes, marriage is between one man and one woman—and therefore that the United States will refuse to recognize any state’s decision to marry same-sex pairs.

Graduating from the Electoral College

We've been electing our president the same way for 200 years. Why do some say it's time for a change?

(Flickr/Occupy Posters)

We all know the states where the 2012 presidential election will be decided. Not New York, which hasn’t voted Republican since 1984, a year when only Minnesota could muster support for Walter Mondale. Not Texas, where you have to stretch back to 1976 to find an election where a Republican victory wasn’t a given. The battlegrounds on which this year’s presidential race will be waged are Iowa, Ohio, North Carolina, Virginia, Pennsylvania, Colorado, Nevada, Florida, and Wisconsin, and if you don’t live there, you can forget about the presidential campaigns giving you an ounce of attention. You’re either a given in the candidate’s electoral college tally, or they know you’re out of their league. Is it unfair? That majority of states who get ignored election after election sure thinks so. So why, after over 200 years, are we still using the Electoral College?

Let’s explain.

Who thought up the Electoral College in the first place?

Blame the founders. If you remember your history lessons from eighth grade, deciding how this new nation would elect presidents and representatives was one of the biggest fights at the 1787 Philadelphia Convention. Southern states weren’t too keen on elections based on pure popular vote, given that a large percentage of their populations consisted of slaves who were denied citizenship. The priggish delegates also doubted the intelligence of those citizens who weren’t fortunate enough to be part of the political aristocracy, a secondary reason for deciding to rely on a college of electors to choose the executive.

A Crack in the GOP's Support for Voter-ID Laws

(Flickr/ Michigan Municipal League)

There's little question what the political calculus behind voter-ID laws is. Advocates argue that the laws, which require government photo identification to vote, are necessary to prevent voter fraud—despite there being virtually no evidence that such fraud is a problem. In practice, the laws will disproportionately have an impact on poor people and those of color, two Democratic-leaning groups that are less likely to have such IDs. Predictably, Republicans have been pushing for these laws, while Democrats generally oppose them.

Mississippi's Threat to Roe v. Wade

WikiMedia Commons

As Salon's Irin Carmon reports, a Republican appointed district-court judge has prevented a new statute that would force the only remaining abortion clinic in Mississippi to close. (The new law was necessary because, despite the best efforts of past Mississippi legislatures, one lone clinic in Jackson has managed to heroically persevere through a maze of state restrictions.) The stay is temporary, and the issue will presumably have to be resolved by a higher appellate court, possibly ending with the Supreme Court of the United States.

Can We Take John Roberts's Word at Face Value?

Flickr/Donkey Hotey

For years, conservatives have articulated a clear legal philosophy to guide their beliefs about the proper role of the courts and the way judges should arrive at their decisions, much clearer than the philosophy liberals espouse. They said they supported "originalism," whereby judges would simply examine the Constitution as the Founders understood it to guide its interpretation today. They said they opposed "judicial activism," wanting judges to simply interpret the law instead of making their own laws. Liberals always replied that these ideas were a disingenuous cover for something much simpler: conservatives just want judicial decisions that support their policy preferences. They see whatever they want in the Constitution, and define "judicial activism" as nothing more than decisions whose outcomes they don't like.

The reaction to Chief Justice John Roberts joining the Supreme Court's four liberals to uphold the Affordable Care Act shows something revealing about the conservative perspective on the Court and the law. Despite all the time they've spent asserting that the decisions they like are based only on principle, they seem incapable of even considering that a decision they didn't like could possibly be based in anything other than politics. Could John Roberts have sided with the liberals because in this case, he decided that they were right? Oh, come on, they reply, who are you kidding?

Roberts's Switch in Time

WikiMedia Commons

Jan Crawford has a blockbuster story in which two sources confirm what many people inferred from the structure of the opinions—that Chief Justice John Roberts initially voted to strike down at least some parts of the Affordable Care Act before switching his vote. The story reveals some interesting things about Roberts and the Supreme Court, although we should also be careful about taking all the claims at face value given that they clearly reflect the positions of justices and/or clerks with an ax to grind.

Judges Take On Climate Skeptics

(Flickr / freefotouk)

Three of the D.C. Court of Appeals’ judges delivered climate-regulation opponents what can only be termed a righteous smackdown last week. Their opinion on the Environmental Protection Agency’s work to regulate greenhouse gases is, as much as any legal opinion can be, a delight to read.

Reading the Tea Leaves in the Supreme Court Opinions

Jaime Fuller

Two features of the scene in the courtroom at the Supreme Court Thursday flow together to spark curiosity. For one, the justices appeared unusually agitated. Justice Sonia Sotomayor looked as if she’d been up all night, for example, while (as Tony Mauro also noted) Justice Antonin Scalia was downcast and tight-lipped. Had something happened in the days or hours before the opinion to spark this emotional response?

Court Stays Clear of Tinkering with the First Amendment

(Flickr / mr_mayer)

Xavier Alvarez got twin pieces of good news Thursday. First, thanks to the Court’s decision in the Health Care Cases, Medicaid in California may soon be funded to supply mental-health services to crazed compulsive liars like him. Second, and of more immediate interest to him, he won’t be doing a year in the federal slam for falsely claiming to have won the Congressional Medal of Honor.

What’s So Radical about Same-Sex Marriage?

(Flickr / City of West Hollywood)

Two days ago I wrote about David Blankenhorn, longtime “traditional” marriage proponent who reluctantly announced he will no longer oppose same-sex couples’ freedom to marry. I examined his reasoning, because I believe it’s important to understand the logic of those with whom we disagree. And I took issue with Richard Kim’s response at The Nation, which I took to represent the radical/progressive wing of the LGBT movement, which has long groaned at the focus on marriage equality. I got some heated critiques about that post.

Supreme Surprise

(AP Photo)

The verdict of the Supreme Court upholding nearly all of the Affordable Care Act is a victory to be savored in the full knowledge that it may be only temporary and includes potentially damaging changes in constitutional interpretation.

It is a victory, first of all, for the millions of people excluded from health insurance who stand to gain protection despite their medical history or low incomes.

It is a victory for the rule of law in the face of a group of partisan conservative justices who want to immobilize federal power in social policy.

It is a victory for the millions of people who have struggled for decades to achieve equal access to health care.

If Texas Doesn't Expand Medicaid, Two Million Will Be Without Options

(Flickr/ José Goulão)

It's no secret there's a health-care crisis in Texas. The state has the biggest uninsured population in the country with around 6.2 million—or a quarter of all residents—lacking insurance. As a Kaiser Health News report highlighted, poor and uninsured Texans must sometimes wait more than 24 hours in emergency rooms, where treatment is most expensive, while more cost-effective health-care options, like preventative care, are out of reach. 

Sometimes a Loss Is Just a Loss

WikiMedia commons

Given the very strong likelihood that the centerpiece legislation of the Obama administration would be struck down in its entirety, yesterday's decision upholding the Affordable Care Act seems to most progressives like both a relief and a major political victory. But was it actually a legal victory when you examine the opinions closely? Tom Scocca says no:

Give Me Broccoli or Give Me Death!

Scenes from the Supreme Court

Jaime Fuller

It’s only a bit after 8 a.m. and Russell Mokhiber is shouting at a belly dancer in front of the Supreme Court of the United States.

Granted, it’s out of concern—it’s the kind of Washington, D.C., summer morning when it feels like the air is one giant dog’s tongue licking your body, and the lady in question, Angela Petry—a middle-aged sandy blonde with the abdominal muscles of an 18-year-old pageant queen—is his wife. She’s been dancing up a storm, a whirl of skin, red and blue silk scarves, and beads dripping from her bosom.

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