March 23, 2017

August 31, 2016

A Reminder That Elections Have Consequences

“It’s often overlooked, but nominees to the lower courts ... are often one of the most important legacies a president leaves behind,” said Elizabeth Wydra, president of the Constitutional Accountability Center.

The Fourth Circuit, which sits just one level below the Supreme Court and is headquartered in Richmond, Va., is a prime example.

Previously viewed as one of the most conservative appellate courts in the country, it has drifted significantly to the left, with Democratic appointees now outnumbering their Republican counterparts two-to-one.

That circuit not only recently struck down North Carolina’s voter ID law, but also ruled in favor of a transgender student seeking to use high school bathroom facilities matching the student’s gender identity rather than biological gender.

The tilt on the federal appeals courts – particularly as the Supreme Court, which takes relatively few cases as it is, remains split 4-4 – is a trend that worries conservatives.

“The Supreme Court takes very few cases, there’s not an opportunity to correct every error made—and when you have activist judges at the lower levels of the federal judiciary, that can have a damaging effect on [the] American system and rule of law,” said Carrie Severino, chief counsel and policy director at the Judicial Crisis Network.

The entire article is available here.

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A timely reminder.  The Fourth Circuit threw out NC’s entire voting law, claiming the whole thing was racist in intent.  There was precious little evidence to support that claim; the Court just “knows” what the intent was, despite the fact that statistics show minority voting participation has increased under the law.  It apparently also finds a constitutional right to seventeen days of early voting instead of ten.  There are states with no early voting other than absentee, but never mind.

[1] Posted by Katherine on 8-31-2016 at 01:29 PM · [top]

It’s interesting these challenges are only filed in “Red” states.  We have had the requirement for photo ID in my solid “Blue” state for as long as I can remember, no one has ever questioned it, and there has never been a peep about there being anything wrong with it.

[2] Posted by Jim the Puritan on 8-31-2016 at 02:35 PM · [top]

Right, Jim the Puritan.  It’s partisan politics, not basic rights.

[3] Posted by Katherine on 8-31-2016 at 03:03 PM · [top]

Jim the Puritan, well clearly we need to tell Obama so he can rectify that by executive order quickly.  What “blue” state do you live in?

[4] Posted by dwstroudmd+ on 8-31-2016 at 06:15 PM · [top]

Did you see the Drudge headline yesterday about Department of Homeland Security taking over all state elections because of the concern about “foreign hackers” getting control of the voting machinery?

[5] Posted by Jim the Puritan on 8-31-2016 at 06:38 PM · [top]

Good luck with that in NC.  In this area, we use paper ballots marked with pens and fed by the voter into a tabulator.  If necessary, we could count by hand without any hanging chads or other nonsense.

[6] Posted by Katherine on 8-31-2016 at 06:59 PM · [top]

And now, with Scalia missing from the Supreme Court, they have declined our emergency stay, 4-4, and so we can expect busloads of “new” voters to register and vote the same day at the early voting sites.  (The Voter ID law prohibited this.)  When their voter registration cards are sent, they’ll come back marked “so such address,” but the votes will count.  This is how to win a swing state.

[7] Posted by Katherine on 9-1-2016 at 02:26 PM · [top]

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