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Gothmog

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Member since: Mon Apr 5, 2004, 04:58 PM
Number of posts: 13,065

Journal Archives

US Appeals Court Rules University Of Texas Can Use Race As Factor In College Admissions

I am looking for more on this. http://bigstory.ap.org/article/us-appeals-court-rules-university-texas-can-use-race-factor-college-admissions See also http://electionlawblog.org/?p=63341
A press release from the Project on Fair Representation says there will be further appeal. It is not clear if it will be to the en banc 5th Circuit or a cert petition to the Supreme Court again.

Here is a link to the opinion http://electionlawblog.org/wp-content/uploads/fisher-remand.pdf

The SCOTUS told the 5th Cir. to review the UT admission policy in light of new standard and the 5th Cir. found that the UT admission policy was still acceptable.

Voter ID case is going to trial (Texas' motion to dismiss mostly overruled)

Greg Abbott has been trying to get all of the claims and lawsuits dismissed in the Texas voter id lawsuit. The State of Texas made several motions to dismiss and attacked the standing of all of the plaintiffs in this case trying to keep the case from going to trial. On July 2, 2014, the court ruled against Greg Abbott's motions for the most part. http://electionlawblog.org/?p=63103

The court mostly denied Texas’s motion to dismiss, even allowing claims to go forward at this point on voter id as a poll tax and as a First Amendment violation. That’s not to say these will be winning claims, but it is significant that plaintiffs will get to advance a number of federal theories against the id law.

The only bad thing is that the counties of Dallas and Hidalgo were found not to have standing in this case and were dismissed out.

This means that the key federal causes of actions were upheld and can go to trial. Normally in a big case like this in the corporate world, the defendants start talking settlement after losing their motions to dismiss. There will be no settlement in this case given the fact that Greg Abbott is staking his reputation on it.

Finally, is anyone surprised that Greg lost another round? Greg is a bad attorney

Texas Democratic Party Platform

I had a whole ten minutes to review the platform before we voted on it at the convention. Juanita Jean herownself was on the platform committee and she told us that it was the most progressive platform that she had seen and I believe her. I trust Juanita Jean on things like this. They worked on the platform for 12 hours on Thursday and started at 8 AM on Saturday and did not finish until 4:30 PM.

I will post a link when the platform is put up but from what I saw, it is a very progressive document that is a stark contrast to the Texas GOP platform. I think that we will be pleased with this document.

I have been rules committee since 8am at the state convention

Please send a rescue party

Greg Abbot is a bad lawyer-Court finds Texas Swagger Costs It Attorneys Fees in Voting Rights Case

Greg is a bad attorney. Wendy Davis won at the trial court level in the first redistricting case and the court awarded her attorney fees. Greg contested these attorney fees and the court was not kind to him http://electionlawblog.org/?p=62537

See this order in State of Texas v. Davis:

This matter presents a case study in how not to respond to a motion for attorney fees and costs. At issue is whether defendant-intervenors, who prevailed in Voting Rights Act litigation before a three-judge panel, may recoup attorney fees and costs even though the Supreme Court vacated that opinion in light of the Supreme Court’s subsequent decision in a different lawsuit that declared a section of the Voting Rights Act unconstitutional. A quick search of the Federal Reporter reveals the complexity of this narrow question. Yet, rather than engage the fee applicants, Plaintiff Texas basically ignores the arguments supporting an award of fees and costs. In a three-page filing entitled “Advisory,” Texas trumpets the Supreme Court’s decision, expresses indignation at having to respond at all, and presumes that the motion for attorney fees is so frivolous that Texas need not provide further briefing in opposition unless requested. Such an opposition is insufficient in this jurisdiction. Circuit precedent and the Local Rules of this Court provide that the failure to respond to an opposing party’s arguments results in waiver as to the unaddressed contentions, and the Court finds that Texas’s “Advisory” presents no opposition on the applicable law. Accordingly, the Court will award the requested fees and costs.


Again, Greg is a really bad attorney

Greg Abbott Uses Private Plane Owned By 'Gay Conversion Therapy' Funders

It is going to be hard for Greg to hide from the GOP party platform on this issue http://www.huffingtonpost.com/2014/06/16/greg-abbott-gay-therapy_n_5500480.html?utm_hp_ref=politics

Texas Attorney General Greg Abbott (R) dodged the question last week of whether he agrees with his party's support for "reparative therapy," a process purported to change the sexual orientation of gay people. But campaign records show the gubernatorial candidate has been flying around on a private plane donated by two billionaires who help fund the "ex-gay" movement.

Texas fracking tycoons Dan and Farris Wilks have given Abbott a combined total of more than $30,000 worth of in-kind donations this year for the use of a private plane. The Wilks' charitable trust, The Thirteen Foundation, has contributed nearly $3 million to groups that promote gay conversion therapy, a discredited pseudo-medical practice meant to change people's sexual orientation from gay to straight. The foundation also donates millions to anti-abortion and conservative religious groups.

Abbott's campaign did not respond to a request for comment.

Greg is not going to be able to hide from being associated with this platform plank

Court over rule legislative privilege claim/ state must produce e mails

The North Carolina legislators' privilege claim were ruled invalid http://www.newsobserver.com/2014/05/15/3864733/us-district-judge-rejects-nc-lawmakers.html the claims made by these republicans were really weak. In Texas, similar e mails are being produced over the objections of the GOP

Iowa’s Republican Secretary of State Just Proved That Voter ID Laws Are Unnecessary

The GOP idiots have been looking for examples of voter fraud to justify their voter suppression laws. The trouble is that voter id laws only stop one form of voter fraud which is voter suppression and the GOP can not find any real examples. The trouble is that the only documented cases of voter fraud are in the area of vote by mail or absentee ballots which the GOP does not want to regulate because a large percentage of the GOP base (i.e. Fox News viewers) use absentee ballots or vote by mail. The Bush administration spent 5 years looking for voter fraud and found nothing. http://www.nytimes.com/2007/04/12/washington/12fraud.html?pagewanted=all&_r=0

WASHINGTON, April 11 — Five years after the Bush administration began a crackdown on voter fraud, the Justice Department has turned up virtually no evidence of any organized effort to skew federal elections, according to court records and interviews.

Although Republican activists have repeatedly said fraud is so widespread that it has corrupted the political process and, possibly, cost the party election victories, about 120 people have been charged and 86 convicted as of last year.


In Texas, Greg Abbott has been looking for voter fraud and he can not find any voter impersonation cases. http://www.msnbc.com/msnbc/greg-abbott-bogus-voter-fraud-crusade

Since taking office in 2001, Texas Attorney General Greg Abbott has called voter fraud an “epidemic,” and made cracking down on it a top priority. Now, as he runs for governor, he’s touting his ongoing battle to implement the state’s strict voter ID law, arguing that the measure is crucial to combat fraud.

But over the 13 years of Abbott’s tenure, his office can only cite two fraudulent votes that might have been stopped by the ID law.

To put that another way, such votes accounted for one out of every 18.7 million votes cast in Texas during that period—and that’s counting only the general elections for statewide races. Meanwhile, 796,000 Texans, by the state’s own numbers, lack an ID.

The glaring difference between rhetoric and reality in Abbott’s treatment of the issue underscores the comically weak case for voter ID measures, and highlights the lengths that their backers have gone to—still without success—to find evidence of large-scale fraud. It also raises questions about Abbott’s basic intellectual honesty as he works to persuade Texas voters to make him one of the most important Republican office-holders in the country. ....
There’s just one problem with Abbott’s use of the case: The allegations involve absentee ballots, not in-person voting. That means the voter ID law that Abbott is championing would have done nothing to stop the alleged scheme.

Indeed, election experts say absentee ballot fraud is the most common form of organized voter fraud, since, because of the secret ballot, there’s no way to ensure that an in-person voter is voting for the candidate he promised to. That’s why voter ID laws are an ineffective tool for catching the small amount of fraud that exists.

The Teabagger secretary of state of Iowa has been looking for voter fraud and this idiot just released yet another study that shows that there is no voter fraud that would be prevented by voter id laws. http://thinkprogress.org/justice/2014/05/09/3436160/iowa-matt-schultz-no-voter-id-fraud/

Iowa Secretary of State Matt Schultz (R), one of the nation’s most enthusiastic voter suppressors, released a report on Thursday outlining the results a two-year investigation into possible voter fraud, conducted by the Iowa Department of Public Safety’s Division of Criminal Investigation (DCI) at his request. But while Schultz has frequently scared Iowa voters with allegations of thousands of possible non-citizens voting in the state and living people showing up at the polls to cast ballots in the name of dead voters, the investigation revealed found an infinitesimal number of illegal votes cast and zero cases of impersonation at the polls.....

There was not a single identified case of impersonation fraud at the polls — people showing up and pretending to be another voter — meaning that Schultz’s own investigation found no cases at all that would have been prevented with his proposed voter identification law.

The federal judge in the Wisconsin voter id case pointed out that voter impersonation is a stupid way to steal elections and will not be a problem. http://www.theatlantic.com/politics/archive/2014/04/federal-judge-in-wisconsin-looks-for-voter-fraud-finds-none/361403/

Here is the judge on page 16 of the ruling:
In the present case, no evidence suggests that voter-impersonation fraud will become a problem at any time in the foreseeable future. As the plaintiffs’ unrebutted evidence shows, a person would have to be insane to commit voter-impersonation fraud. The potential costs of perpetrating the fraud, which include a $10,000 fine and three years of imprisonment, are extremely high in comparison to the potential benefits, which would be nothing more than one additional vote for a preferred candidate (or one fewer vote for an opposing candidate), a vote which is unlikely to change the election’s outcome.

Adding to the cost is the fact that, contrary to the defendants’ rhetoric, voter-impersonation fraud is not “easy” to commit. To commit voter-impersonation fraud, a person would need to know the name of another person who is registered at a particular polling place, know the address of that person, know that the person has not yet voted, and also know that no one at the polls will realize that the impersonator is not the individual being impersonated

Study and study show that there is no reasons for voter id laws. The only purpose served by voter id law is to steal voters from minorities.

Iowa’s Republican Secretary of State Just Proved That Voter ID Laws Are Unnecessary

The GOP idiots have been looking for examples of voter fraud to justify their voter suppression laws. The trouble is that voter id laws only stop one form of voter fraud which is voter suppression and the GOP can not find any real examples. The trouble is that the only documented cases of voter fraud are in the area of vote by mail or absentee ballots which the GOP does not want to regulate because a large percentage of the GOP base (i.e. Fox News viewers) use absentee ballots or vote by mail. The Bush administration spent 5 years looking for voter fraud and found nothing. http://www.nytimes.com/2007/04/12/washington/12fraud.html?pagewanted=all&_r=0

WASHINGTON, April 11 — Five years after the Bush administration began a crackdown on voter fraud, the Justice Department has turned up virtually no evidence of any organized effort to skew federal elections, according to court records and interviews.

Although Republican activists have repeatedly said fraud is so widespread that it has corrupted the political process and, possibly, cost the party election victories, about 120 people have been charged and 86 convicted as of last year.


In Texas, Greg Abbott has been looking for voter fraud and he can not find any voter impersonation cases. http://www.msnbc.com/msnbc/greg-abbott-bogus-voter-fraud-crusade

Since taking office in 2001, Texas Attorney General Greg Abbott has called voter fraud an “epidemic,” and made cracking down on it a top priority. Now, as he runs for governor, he’s touting his ongoing battle to implement the state’s strict voter ID law, arguing that the measure is crucial to combat fraud.

But over the 13 years of Abbott’s tenure, his office can only cite two fraudulent votes that might have been stopped by the ID law.

To put that another way, such votes accounted for one out of every 18.7 million votes cast in Texas during that period—and that’s counting only the general elections for statewide races. Meanwhile, 796,000 Texans, by the state’s own numbers, lack an ID.

The glaring difference between rhetoric and reality in Abbott’s treatment of the issue underscores the comically weak case for voter ID measures, and highlights the lengths that their backers have gone to—still without success—to find evidence of large-scale fraud. It also raises questions about Abbott’s basic intellectual honesty as he works to persuade Texas voters to make him one of the most important Republican office-holders in the country. ....
There’s just one problem with Abbott’s use of the case: The allegations involve absentee ballots, not in-person voting. That means the voter ID law that Abbott is championing would have done nothing to stop the alleged scheme.

Indeed, election experts say absentee ballot fraud is the most common form of organized voter fraud, since, because of the secret ballot, there’s no way to ensure that an in-person voter is voting for the candidate he promised to. That’s why voter ID laws are an ineffective tool for catching the small amount of fraud that exists.

The Teabagger secretary of state of Iowa has been looking for voter fraud and this idiot just released yet another study that shows that there is no voter fraud that would be prevented by voter id laws. http://thinkprogress.org/justice/2014/05/09/3436160/iowa-matt-schultz-no-voter-id-fraud/

Iowa Secretary of State Matt Schultz (R), one of the nation’s most enthusiastic voter suppressors, released a report on Thursday outlining the results a two-year investigation into possible voter fraud, conducted by the Iowa Department of Public Safety’s Division of Criminal Investigation (DCI) at his request. But while Schultz has frequently scared Iowa voters with allegations of thousands of possible non-citizens voting in the state and living people showing up at the polls to cast ballots in the name of dead voters, the investigation revealed found an infinitesimal number of illegal votes cast and zero cases of impersonation at the polls.....

There was not a single identified case of impersonation fraud at the polls — people showing up and pretending to be another voter — meaning that Schultz’s own investigation found no cases at all that would have been prevented with his proposed voter identification law.

The federal judge in the Wisconsin voter id case pointed out that voter impersonation is a stupid way to steal elections and will not be a problem. http://www.theatlantic.com/politics/archive/2014/04/federal-judge-in-wisconsin-looks-for-voter-fraud-finds-none/361403/

Here is the judge on page 16 of the ruling:
In the present case, no evidence suggests that voter-impersonation fraud will become a problem at any time in the foreseeable future. As the plaintiffs’ unrebutted evidence shows, a person would have to be insane to commit voter-impersonation fraud. The potential costs of perpetrating the fraud, which include a $10,000 fine and three years of imprisonment, are extremely high in comparison to the potential benefits, which would be nothing more than one additional vote for a preferred candidate (or one fewer vote for an opposing candidate), a vote which is unlikely to change the election’s outcome.

Adding to the cost is the fact that, contrary to the defendants’ rhetoric, voter-impersonation fraud is not “easy” to commit. To commit voter-impersonation fraud, a person would need to know the name of another person who is registered at a particular polling place, know the address of that person, know that the person has not yet voted, and also know that no one at the polls will realize that the impersonator is not the individual being impersonated

Study and study show that there is no reasons for voter id laws. The only purpose served by voter id law is to steal voters from minorities.


Kansas And Arizona Voter Registration Fight Not Over Yet

Here is some good news. The ruling from the federal judge on the attempt by Kansas and Arizona to impose a two tier voting system was stayed. http://talkingpointsmemo.com/muckraker/kansas-arizona-appeal-two-tiers

A federal appeals court breathed new life this week into the long-running fight over voter registration in Kansas and Arizona.

At stake is whether or not the U.S. Election Assistance Commission will have to add state-specific instructions about Kansas and Arizona's proof-of-citizenship requirements to the federal voter registration form. A federal district judge ruled in favor of the states in March, saying that the commission had unlawfully denied the states' requests. On Thursday, the 10th Circuit Court of Appeals granted a temporary stay to the lower judge's ruling, which was sought by the commission and a collection of voting rights groups.

According to the Associated Press, circuit Judges Carlos Lucero and Jerome Holmes granted the emergency stay one day after the lower judge, U.S. District Judge Eric Melgren, rejected a request to suspend his ruling pending the commission's appeal. The 10th circuit judges gave Kansas and Arizona until Tuesday to respond to the commission's request that the ruling be stayed during the appeal.

Arizona Advocacy Network, one of the voting rights groups involved in the case, hailed the ruling. Sam Wercinski, the group's executive director, put out a statement calling Thurday "a good day for Arizona voters and civic engagement groups helping citizens to register and vote."

This is great news. Hopefully, the appellant court will reverse this ruling.
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