DOJ Rejects South Carolina Voter-ID Law

The Department of Justice announced late Friday afternoon that it was rejecting South Carolina's new voter photo identification law because it discriminates against minority voters.

Under Section Five of the Voting Rights Act, states with a history of low minority turnout must submit any changes to their voting laws to the DOJ or to a federal court for approval.

Friday Miscellany, Year-End 2011

Herewith a few things to think about before you disappear into 2012:

  • Sweeties. On Wednesday, the Virginian-Pilot ran what I thought was an adorable story about a Navy first. Apparently, when ships come in, someone gets the honor of disembarking for the first official welcome-home kiss with their beloved.

It's been three months since the dock landing ship left home for Central America, and all of the usual fanfare is waiting to greet its crew: crowds of cheering families, toddlers dressed in sailor suits, and the lucky, excited woman who's been chosen to take part in a time-honored Navy tradition - the first homecoming kiss.

Gingrich's Judicial Attack Wins Over Religious Right

CEDAR RAPIDS, IOWA—Newt Gingrich's redefinition of separation of powers from the understanding of the past few centuries continues to come under fire from his fellow conservatives. "His comments about the justices and the Congress, sending the Capitol police to bring in judges—that’s not exactly a practical idea or a constitutional idea,” Mitt Romney said on Fox News last night.

The Latest Proposition

Opponents of California’s constitutional ban on same-sex marriage, Proposition 8, have started collecting the 807,615 signatures needed to put the issue on the ballot. It’ll be a slog—they have to have them all by May 14. Earlier this year, Equality California, the largest organization in the state fighting for same-sex marriage rights, declined to participate in the effort to gather signatures, citing the uncertainty of a win at the ballot box and the pending lawsuit against Prop. 8, which the Ninth Circuit is set to decide on soon. This leaves Love, Honor, Cherish (LHC)—another gay-rights organization—leading the way.

Full Court Press

DAVENPORT, IOWA—Newt Gingrich's preposterous claim that, as president, he would ignore court decisions he didn’t like and subject the judiciary to congressional and presidential review has received the proper amount of ridicule from the press today. Scott Lemieux and Paul Waldman have already delved into the topic here at the Prospect, but these attacks aren’t solely coming from the left. This morning the Wall Street Journal ran the headline "Gingrich vs.

The Ball's in Your Court

At the December 15 debates in Sioux City, Iowa, nominal frontrunner Newt Gingrich argued that the “courts have become grotesquely dictatorial, far too powerful, and I think, frankly, arrogant in their misreading of the American people.” Showing the discipline and moderation for which he has long been known, Gingrich followed up with assertions that judges that issue First Amendment rulings he disagrees with should be arrested and impeached and that he would ignore court rulings that didn't suit him.

Newt v. Judiciary

In what seems to be an ongoing effort to convince Republican primary voters that he's the most radical Republican in the presidential race, Newt Gingrich decided to go after the "judicial activism"-haters by declaring yesterday that what we need is more witch hunts of judges. In Gingrich's view, when members of Congress -- a group of people well known for being sober and responsible and avoiding grandstanding and demagoguery -- feel like it, they should be able to haul judges in front of them to explain their rulings, and if the judges don't like it, federal marshals should arrest them.

A Ninja in Our Sites

An aggressive federal enforcement effort targets online piracy—and threatens the open Internet.

In February 2008, Ninja Video went online and quickly distinguished itself in the unsightly, often malfunctioning world of Internet piracy. The site’s silver, black, and crimson palette spoke to a punk aesthetic, but the content and layout were fastidiously organized. The main page posted a nightly lineup of colorful movie and television banners, rather than the drab link text found on most pirate sites. Popular TV programs like Lost and Fringe would be up five minutes after the latest episode ended. New movies were often on the site before their nationwide premieres. The Ninja staff bundled cinema packages devoted to LGBT issues, classic films, and presidential debates.

Putting the Brakes on Voter Supression

Voters in most states have little recourse to combat the onslaught of restrictive voter-ID laws Republican majorities have passed in 2011. For the most part, they'll have to wait until the 2012 election to replace their legislators and hope that these laws (such as photo-ID requirements and repeals to same-day registration) can be taken off the books. But a number of states will tackle voter suppression directly via ballot referendums.

Supreme Court Could Tilt US House Majority

The US Supreme Court issued a surprise stay late Friday evening that in effect could decide which party controls the US House majority after the 2012 election. A little over two weeks ago, a three-judge panel in San Antonio threw out new congressional maps drawn by the Texas legislature earlier this year. One of the fastest growing states in the country, Texas gained four additional US House seats after the 2010 census. Most of that growth can be attributed to the state's booming Hispanic population, which now represents almost 40 percent of the state.

Legislative Stranglehold

Passing the REINS bill would give Republicans the ability to veto any significant new regulations.

With only four Democrats voting for the measure, yesterday the House passed H.R. 10, “Rules from the Executive in Need of Scrutiny” (REINS). If it were to become law, this radical piece of legislation would prohibit all federal agencies, including the Environmental Protection Agency, the Food and Drug Administration, and the Securities and Exchange Commission from minting any new regulations impacting the economy by more than $100 million unless they passed both the U.S. House and Senate within 70 legislative days.

Rip It Up and Start Again

Democrats were fed up at the start of the year. They had held 59 seats in the Senate for most of the previous two years, their largest majority since the 1970s. But that near-supermajority wasn't enough to overcome a Republican fillibuster. A 60-vote hurdle became a common deathtrap for every Democratic bill or Obama nomination confirmation, leaving the executive branch understaffed and the federal bench depleted.

Do Kagan and Sotomayor Bleed Blue?

For Obama's Supreme Court appointees, a case involving the right to face one's accuser provides an important litmus test on civil liberties.

The Sixth Amendment requires that “the accused … be confronted with the witnesses against him.” While the confrontation clause is a relatively obscure provision of the Bill of Rights—and not as well known as, say, the equal-protection or freedom of assembly clauses—disagreements over what it means have become an important part of the Supreme Court’s civil-liberties docket. Yesterday, the Court heard oral argument in another confrontation clause case, which both demonstrates the importance of this protection and reveals important divides among both conservative and liberal factions on the Supreme Court.

Justice, Deferred

It may be frustrating when federal watchdogs strike toothless deals with Wall Street, but it reflects regulators' alarming lack of resources.

During the early aughts, the financial sector freely gambled with money implicitly or directly guaranteed by taxpayers, selling securities based on worthless subprime mortgages to their customers. We all know how that turned out. Yet those responsible for the worst recession since the Great Depression have for the most part escaped federal prosecution. Given this context, it is easy to understand why United States District Court Judge Jed Rakoff angrily rejected a proposed deal between the Securities and Exchange Commission (SEC) and Citigroup over the company's practice of selling toxic mortgage-backed securities to its customers at the same time it bet against them.

Death, Interrupted

AP Photo/Rick Bowner

Governor John Kitzhaber of Oregon put a moratorium on executions in his state last week, and he didn't mince words about why. At a November 22 press conference, he called the death penalty broken, unfair, and a "perversion of justice" and said he will urge legislators to consider reforms during their 2013 session. His move halts the execution of Gary Haugen, a man convicted of two murders and scheduled to die December 6. “I am convinced we can find a better solution that keeps society safe, supports the victims of crime and their families, and reflects Oregon values,” Kitzhaber said. “I refuse to be a part of this compromised and inequitable system any longer.”