Law

Four Things to Look for at the Polls on Election Day

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Earlier this year, the outlook for voting rights was downright terrifying. Across the country, Republican legislatures had passed strict voter-ID laws, which reports showed could disenfranchise millions of voters. The political motives were clear: The people most likely to be without ID are poor and of color—groups that tend to vote for Democrats. By the summer, there was another threat to voter participation: purges of voter rolls.

Just When You Started to Relax—More Ohio Voting Problems

(Flickr/kristin wolff)

It's no secret that the presidential race could come down to Ohio. The Buckeye State has loomed large for months, and word is, both Romney and Obama will be in Columbus on Election Night. According to Nate Silver, there’s a nearly 50-percent chance that the state will determine the election outcome. All eyes seem to be there—when WaPo’s The Fix shifted it from “leans Democratic” to “toss up” yesterday on the electoral map, half the internet seemed to respond with either cheers or jeers. 

A Privacy Catch-22

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When the Bush administration decided to wiretap some suspects without a warrant, it was acting contrary to the procedures that had been established by Congress Foreign Intelligence Surveillance Act (FISA). Unfortunately, Congress reacted to this lawlessness by passing the Protect America Act, making warrantless wiretaps of communications involving at least one party not in the United States easier while providing immunity for past instances of illegal wiretapping. However, the new statute does not settle all of the legal questions.

"Sustaining a Seemingly Permanent War"

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Greg Miller has an essential report in The Washington Post about the institutionalization of the "war on terror," revealing that the Obama administration is institutionalizing many of the worst aspects of the arbitrary death apparatus established by the Bush administration.

In Minnesota, Voting Blind on Voter ID

(AP Photo/The The Hutchinson News, Travis Morisse, File)

The fifth in a Prospect series on the 174 ballot measures up for a vote this November.

Across the country, most voter-ID wars have unfolded in legislative chambers and courtrooms. But in Minnesota, a whole new battleground has opened as voters decide whether to put a photo ID-requirement into the state constitution.

The constitutional amendment passed through the Republican-controlled legislature, but was foiled by a veto from Democratic Governor Mark Dayton. Now, it's up to voters to decide whether they want to put new burdens on themselves and fellow voters.

Making Prisoners Count

For legislative districts, inmates are considered part of communities where they’ll likely never live as free citizens.

(Flickr/AJstream)

Add these two facts together: (1) To the United States Census Bureau, where prisoners have their “usual residence” is the prison in which they’re incarcerated and (2) The findings of the decennial census are used to draw political boundaries. The sum of those parts does strange things to the notion of how Americans elect people to represent us in state and local governments. “Our system for making political decisions in this country,” says Peter Wagner of the Prison Policy Initiative, “is being distorted by the miscounting of two million people.” In an era obsessed with political data—Microtargeting! Swing-state polling! Data.gov!—and in a country where we incarcerate people at a higher rate than anywhere else in the world, thinking through the political counting of prisoners calls for the same enthusiasm, because the way we do it now corrupts the very equations upon which representative democracy is built.

The Stronger Argument against DOMA

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Today, the Second Circuit Court of Appeals struck down a major part of the Defense of Marriage Act (DOMA). Since DOMA had already been held unconstitutional by the First Circuit, on one level this doesn't change anything, since the case was almost certainly headed to the Supreme Court anyway. But today's opinion is important because the theory underlying the court's holding goes much further than the First Circuit did.

Arlen Specter: A Poor Man's Richard Nixon

From Democrat to Republican to Democrat again, from his fierce opposition of Robert Bork to his cutthroat cross examination of Anita Hill, Specter was always, above all, a politician.

(Flickr/ProgressOhio)

When Arlen Specter, the former Pennsylvania Senator who died Sunday at the age of 82, was negotiating to become a Democrat in 2009, he believed that he would retain his GOP-acquired seniority on the Senate committees in which he served. Specter thought he’d gotten a commitment from Majority Leader Harry Reid—Specter’s switch would not only help him avoid a primary challenge from the right, but would give the Democrats 60 votes in the Senate. However, the Democratic caucus resented the idea that Specter could jump ahead of lifelong Dems on the seniority list. Reid was thus unable to keep the agreement with Specter. Losing the committee seniority, Specter said, according to Politico, “was the worst moment of my life.”

The worst moment of a then-79-year-old man’s life? Think about that. Specter had, by then, lost his parents. He had gone through several bouts of cancer, a benign brain tumor, and cardiac bypass surgery in the previous decade. He had two children, and surely there were difficult, even frightening moments in the course of their lives that would deeply concern any parent. He had been married for 57 years, and even the most loving relationships go through some tough times. 

Color-Blinded

(AP/Pablo Martinez Monsivais)

Imagine a college whose orchestra was missing a bassoon player, or whose football team was down a running back. It would go without saying that this school could admit an applicant who plays the bassoon over a candidate who plays the French horn, even if that French horn player had slightly higher grades, or that its admissions officers could give preference to a high school’s star running back over its equally talented defensive lineman. The entire university community benefits from a full orchestra or a football team with a complete offensive lineup, and college admissions officers routinely take similar considerations into account when they think about how to build an incoming freshman class. Nine years ago, in its landmark Grutter v. Bollinger decision, the Supreme Court recognized that race is just like an orchestra. Contrary to the common view that affirmative action is a zero-sum game—in which each seat given to a minority must be taken from a white student—Grutter recognized that a university’s entire student body, white students included, benefit from a more diverse campus in ways that simply cannot be replicated in a homogenous community. As the Court explained, “‘classroom discussion is livelier, more spirited, and simply more enlightening and interesting’ when the students have ‘the greatest possible variety of backgrounds.’”

Courting Chaos in Ohio Elections

Ohio's elections haven't exactly been known for being smooth affairs—ask anyone who was around in 2004, when a shortage of voting machines in heavily Democratic precincts caused extremely long waits and cries of foul play. But this year, things could be even more chaotic.

Make Your Own Gun!

The scariest piece in the news this week isn’t about the election or the economy or the threat of terrorism—though it touches on all three. It’s about the latest development in humanity’s ceaseless urge to invent things—subcategory, the ceaseless urge to invent things that let people do things more cheaply than before.

The Sound of Crickets: Conservative Sites Silent about GOP Voter-Registration Fraud

(Flickr/ Schristia)

What began last week as a trickle—a report from the Palm Beach Post that the Florida Republican Party was cutting ties with a firm that turned in "questionable" voter-registration forms in one county—has now grown into a pretty ugly flood. Turns out the Florida GOP paid the firm, Strategic Allied Consulting, to do voter registration, while the Republican National Committee paid the same firm millions to register voters in four other battleground states: Virginia, North Carolina, Nevada, and Colorado.

Another Big Year for the Supreme Court

(AP Photo/Carolyn Kaster)

The Supreme Court’s 2011 term, which concluded with a narrow escape for the Obama administration’s defining policy achievement, the Affordable Care Act, was a compelling reminder of the importance of the highest Court in the land to our country’s politics. The 2012 term, which started this week, may have an even further-reaching impact. Here’s a roundup of the cases and issues that could be considerably helped or hindered by the Court’s deliberation.

Pennsyvlania Voter ID: Now Requested But Not Required

(AP/ John C. Whitehead)

Thanks to a decision today by Commonwealth Court Judge Robert Simpson, Pennsylvania's controversial voter-ID law will not be in effect in November. Though voters will be asked for one of the several allowable government-issued photo IDs at the polls, those who do not have such identification will still be able to cast the usual ballot. But the future of the law is still murky, and the legal battles will likely extend far beyond election day.

Going to the Courthouse, and We’re Gonna Get Married

This morning, the Supreme Court did not decide to take Perry v. Hollingsworth, the California Prop. 8 case. According to the conference schedule, the Justices were supposed to discuss it yesterday. They didn’t actively decline to take it; they could still make a decision to hear it in the months to come. But at least for today, no news is good news.

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