Brnovich v DNC


WTF, Professor?

If you are scratching your head then let me explain….this is the landmark SCOTUS decision to crap on voting rights……

From the majority opinion….

Arizona law generally makes it very easy to vote. Voters may cast their ballots on election day in person at a traditional precinct or a “voting center” in their county of residence. Ariz. Rev. Stat. §16–411(B)(4). Arizonans also may cast an “early ballot” by mail up to 27 days before an election, §§16–541, 16–542(C), and they also may vote in person at an early voting location in each county, §§16–542(A), (E). These cases involve challenges under §2 of the Voting Rights Act of 1965 (VRA) to aspects of the State’s regulations governing precinct-based election-day voting and early mail-in voting. First, Arizonans who vote in person on election day in a county that uses the precinct system must vote in the precinct to which they are assigned based on their address. See §16–122; see also §16–135. If a voter votes in the wrong precinct, the vote is not counted. Second, for Arizonans who vote early by mail, Arizona House Bill 2023 (HB 2023) makes it a crime for any person other than a postal worker, an elections official, or a voter’s caregiver, family member, or household member to knowingly collect an early ballot—either before or after it has been completed. §§16–1005(H)–(I).

Justice Kagan wrote the dissenting opinion and in doing so gives the court a much needed civics lesson…..

If a single statute represents the best of America, it is the Voting Rights Act. It marries two great ideals: democracy and racial equality. And it dedicates our country to carrying them out. Section 2, the provision at issue here, guarantees that members of every racial group will have equal voting opportunities. Citizens of every race will have the same shot to participate in the political process and to elect representatives of their choice. They will all own our democracy together—no one more and no one less than any other.

Her opinion is lengthy but is much needed for the voter to know what just happened in SCOTUS…..

Slowly but slowly we are losing the battle of having a voice in this government…..and illustrates what we get when we let some outside ultra-conservative group pick our judges for us.

Time for a change in SCOTUS and in the country…..we can no longer depend on the Court to have our backs from assaults on our rights as Americans.

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“lego ergo scribo”

35 thoughts on “Brnovich v DNC

  1. As aan outsider, I often wonder if your country is actually run by the Supreme Court. They could just do away with the politicians and vote for the judges instead. 🙂
    Best wishes, Pete.

  2. I fully expect to live long enough to see the SCOTUS manipulate itself into position to replace the Executive Branch entirely through re-writing the Constitution with refinements in the laws and the interpretations.

      1. For now the branch has been poisoned and it may be a generation before there is change…..well after I depart. chuq

    1. Its called “legislative review”. The first Chief Justice of the Supreme Court, Chief Justice Marshal, he attempted to empower the Court with the power of “legislative review”. Meaning the Court can not only declare a law passed by the 2 lower Branches of Government, and declare a law passed by Congress and the Executive – UnConstitutional. But even more, the Court can re-write that UnConstitutional law previously passed by Congress and the Executive, in a manner whereby the Judges determine that their rewritten law complies with the intent of the Framers of the Constitution!!!!! Once having rewritten that law, the Supreme Court through “legislative Review” re-introduces their rewritten law as the law of the land. 🙂

      1. The Constitution has 3 Branches … 4 if ya include the lobbies. The last one has no Constitutional mandate. Its not the SCOTUS ya need to concern your pretty head with John but rather the lobbies which have institutionalized bribery in the Federal Government.

      2. I see where you are coming from and I appreciate your input but let me ask you, “Do you believe the SCOTUS is vulnerable to bribery as are the lobbies?

      3. Human beings … bribery? Hmmm something like a dick and a hard on. Still, the Judges enjoy tenure. The purpose of their appointment to the Court for life, they have sworn to bear the obligation that the Supreme Court functions as the Court of last resort for justice. Still this does not stop Justices from having personal vices: sex, drugs, and rock n roll. None the less, these Judges, they’re not spring chickens. Ideally they got their appointment to sit on the Court due to their excellent reputation.

      4. Its a pleasure holding this rational conversation with ya John. As a point of cultural reference, Jews born in g’lut/exile/outside of the lands of Israel — we have our Hebrew name by which we get called up to read from the Torah on shabbot, and our non Jewish name. When I lived in Midland Texas, that city has a population comparable to Beer Sheva where i live today, about 5 Jewish families lived in Midland, and the closest shul/beit knesset/synagogue [Yiddish/Hebrew/English] approximately 400 miles distant. Anyway, folks in Midland called me “John”.

        Midland did not have terrible anti-Jewish hatred, and the “niggers” lived on the other side of the railroad tracks in the poor section of town. Went to “Lee High School” as opposed to the Yankee ‘carpet bagger’ “Midland High School”. {Just a bit of racial humor. As a child growing up the Yucca theater had two sections: the lower seating space for the white folk to sit and watch the movie and the upper seating space for the black folk to do the same. Separate but equal, pretty much defined the racial rules of Midland Texas in my youth.

        In Europe today, Yidden wear a Yid lid/kippa/yamaka, at their peril. For me to attend public schooling, as I did, Mosc/Moshe/Moses would have made me stand out as an “uppity nigger”. Here in Israel, the haredi Frum, Orthodox observant Jews, they wear all black outfits. Born and raised in a secular society, when i first saw dudified religious folks dressed up in such garb, I thought they closely resembled the Amish fanatics who ride in horse drawn carriages in Yankee Pennsylvania! Needless to say, when i first moved to Israel – encountered a huge culture shock, and that’s putting it mildly.

        Joined a socialist Meretz, a left-wing, social-democratic and green political party in Israel kibbutz, and did not have the least bit of a clue what could inspire a man to wear a heavy long black coat, that extended almost to his ankles, and a ostentatious fur coon like hat on his head in the middle of summer. But just as shocking … women routinely called the shots and shouted at men in public. The culture of Midland Texas in no wise prepared me to jump into the deep waters of Israeli secular society or religious society either! My first two year in Israel required that i make several mental adjustments.

        This year past, spoke to my brother over the phone, and attempted to make a racial joke about former President Obama, (have not stepped foot in Midland in over 30 years) … times have changed in Midland (my brother – in his defense – attended that Yankee High School in the town – whoo wee, he spanked my bottom till my nose bled! Such a tongue lashing the likes of hurricane Katrina did he give me.

        At that moment the realization popped into my mind that having removed myself from the society of Midland Texas for over 30 years, that I understanding compared to opening a buried time capsule. Humor that made me laugh, like referring to religious Jews in Israel as “blacks”, such “humor” highly offended my Yakeefied brother. Tried to remind him, that in our share youth we both attended, in the company of our parents, black face comedy plays. But he would have none of it. As far as he viewed it, General Robert E. Lee was and remains a disgraced American traitor! Reminded him that Arlington National Cemetery came from the personal private property of Robert E. Lee! But that “proof” he shed off like water on the back of a duck.

        Being an Israeli and an American, have a tremendous debt of gratitude to both countries of my origins. Its a pleasure holding a conversation with ya John, Yidden right now, its the period of National mourning known as the 9 days, something akin to Yidden doing Spring cleaning before Pesach. All the best to ya, health and life to ya your family friends and neighbors.

      5. One of the things i truly miss here in Israel, cowboy boots. I really like your hat. When I studied at Texas A&M, lived on pork Mexican food for 4 years. My maid, when I lived in my parents house as a kid, she made the best pork chops and cream gravy. My dad and I both just loved fried shrimp. Since coming to Israel have ate neither – that’s a culture shock that I cope with on a daily basis. When I see a frum Yid turn up his nose at Russian Yidden who eat pork, can’t help but grin, cause clearly they don’t know what their missing!

        Israel attracts Jewish refugee populations from all over the world. To hear South African Jews refer to Sephardi Jewry – as niggers – this too makes me laugh. It reminds me of the saying: Jews are just like Goyim — only more so. At Texas A&M, not till 1969 did A&M permit women to learn at that University. About that same year students did not have to attend the military school. Needless to say, A&M qualifies to this day as a right wing conservative place of learning.

        Majored in Communism at A&M. Remember student protesting the spreading of Communist propaganda! Caused a tremendous scandal when I took a picture of the founder of the school … that man liked the spitting images of Vladimir Ilyich Ulyanov Lenin! Sent to the ‘Bugle’, the student News Paper side by side pictures of the 2 men. And asked the question: “Was the founder of Texas A&M the founder of Bolshevik Communist Russia? Whoo whee the shit hit the fan! Over 3000 folk disapproved of the suggestive comparison. That picture provoked an outrage something akin to peeing on an ant bed.

        My grand father we lived his life as an independent oil man. He had a nose for oil, and a funny sense of humor. In the 1930s the standard pipe which people got accustomed to drill for oil, 10 inch pipes. Bad-pa (the majors did not particularly like wildcatters like my grandfather, these folks usually discovered the major oil fields. Mighty inconvenient for the majors, to say the least. Alas for most wildcatters, an accident would occur that the majors would take over property rights of those rich oil fields. Mighty inconvenient for the majors like Texico (Texas Oil Company), the “accidents” occurred to them rather than to Bad-pa.

        Natural gas has no odor. While a secular student at A&M, played a practical joke upon one of the dormitories that housed an entire unit of military students, something less than 3000 students. Bad-pa had this liquid chemical which he mixed with the natural gas that gave it a distinct odor. This stuff, highly potent. Ya stored it in a glass jar within another sealed glass jar. Ewwwwwww a drop of that stuff smelled like the worst fart ya ever can imagine. Poured about a liter of that chemical into the ventilation system of one of the military school dorms. Forced all those students to immediately leave and abandon that building for about half a year! So when I saw the movie “Animal House”, yea could most definitely relate with that fraternity.

      6. edit: Bad-pa routine approached poor folk who drilled a dry hole. He’d offer them 10 cents on the dollar for their drilling equipment. To charitably assist their huge loss of capital. He’d then run an 8 inch pipe down the hole and boom immediately got a gusher!!!

      7. I am both pleased and honored to have had you share your experiences with me. Thank you so much. It is true that the average American — whatever that may be — has a lot to learn about how to relate to other people … especially people of diverse heritages …Yes, there are a lot of Americans who are in denial about their past prejudices, but be assured that those prejudices are inherent now and part of their dna so it still exists somewhere in their subconscious minds and bubbles up now and again in various and subtle ways. Texas is a very colorful place. I spent a year there way back in the days of my youth. I believe the place where you are now is very much highly culturally and intellectually advanced over what Texans, for the most part can claim.

        Thanks again for sharing with me and may you always walk the road of blessings also …

  3. Voting rights? Compare to a woman permitting any man to stick his penis within her vagina. In a word: WHORE. With voting rights comes responsibility. Permitting a street junky the right to vote, that’s just brain dead stupid. Limit the voting franchise to folk who have something to lose if damn fool idiot Congressmen submit bills to Congress simply because some lobby bribed them with a lot of money.

    1. In the early days of The American Republic the only people who were permitted vote were white, owned land and slaves. White people … slave owners … land owners … these were the only people allowed to vote — not Black people, not immigrants who did not meet the criteria –not women nor Native Americans for sure ….How would it be if we were to return to those days? Would life be simpler or more complicated than it is now?

  4. Justice… defined as compensation for damages suffered or inflicted by some guilty “other”. A nation which has no effective Courts … a nation in total anarchy.

  5. In the early days of The American Republic the only people who were permitted vote were white, owned land and slaves. White people … slave owners … land owners … these were the only people allowed to vote — not Black people, not immigrants who did not meet the criteria –not women nor Native Americans for sure ….How would it be if we were to return to those days? Would life be simpler or more complicated than it is now?

    1. The founders of the American Republic stood on the platform that democracy can prosper only under limited conditions. Specifically – an educated public. The white land and slave owners, these folk, as a rule, defined culture within American society. These elite enjoyed an excellent liberal arts education. These people had something to loss if specialized interests wrote the bills which corrupt Congressmen introduced unto Congress. Never would a US Congressman, like as happened in the 10 terms of Ron Paul, have not communicated with the Governor of his State! The legislatures of each and every State appointed the 2 Senators of that State. So those Senators and Congressmen – they listened to their State Legislatures and Governors.

      Post Civil War, Yankee Washington favored “democracy” over the defeated Confederate States platform of ‘States Rights’. Jefferson extended “rights” to individuals in the first 10 Amendments to the Constitution. But the framers of the Constitution favored the Republic and States Rights! Once the damned Yankees replaced Jeffersonian democracy – States Rights, with that war criminal Lincoln’s notions of democracy – States compare to counties within the State. Just as counties cannot secede from the State, the States cannot secede from the Union. Based upon this revolutionary idea, that war criminal Lincoln invaded the South without a declaration of war. Not till President Johnson would another war criminal start a war without Congress making a formal declaration of war – which the Constitution requires. Lincoln despised the US Constitution, as he likewise did Andrew Jackson’s policy of closing down a National Bank, thus permitting ‘free banking’, like as enjoyed Hong Kong under the British.

      Under free banking economic policies America within 100 years transformed into one of the most productive and richest nations on the planet. The vile Yankee Woodrow Wilson officially terminated free banking in America with the establishment of the Federal Reserve 3rd National Bank in 1913. That bank loaned huge amounts of money to England and France. This huge debt forced Washington to enter the war on the side of the Allies in 1917! This huge debt likewise led to the Great Depression, the collapse of the economy of Germany in the early 30s, and the election of Adolf Hitler!

      But post Civil War, the idiot radical Republicans, even while Congress at that time controlled the power of the purse; Congress abandoned this Constitutional responsibility when they allowed that damned Yankee Wilson to re-establish the 3rd National Bank. Hamilton he favored a strong Central Government in the days of Washington and thereafter. Jefferson opposed with all his might the idea of a National Bank!!!!! A National Bank undermines the economic autonomy of the States of the Republic. After the Civil War, arrogant Yankee controlled Washington initiated a long term drive to dismantle the Republic in favor of democracy. These arrogant Yankee fools, immediately after the Civil War’s conclusion did the identical policy with the Federal Reserve did post WW1. Both foolishly restricted the greenback money supply by about 1/3 or perhaps even more.

      This restriction of money, currency flows – comparable to blood in the body. To restrict the free flow of blood in the body leads to catastrophic body ailments and diseases! Restricting the flow of greenbacks in the American economy caused a concentration of wealth into the greedy hands of the “robber barrons” in the 1880s and 1890s! FDR in the 1930s after the Federal Reserve restricted the flow of the money supply, which caused and exasperated the Great Depression, FDR initiated his own Stalin collectivization program. Read John Steinbeck’s Grapes of Wrath. In the Ukraine, for example 1/3 of all Ukrainians died from starvation under Stalin’s collectivization program. FDR’s policy – not as brutal as Stalin’s, but not by much! When Germany invaded the Ukraine, the people threw flowers on the tanks! Thank G-d that Nazi fool failed to capitalize on this extreme good will. Later in the war, the Nazis had excessively long resupply lines, just begging to be attacked – which the surviving Ukrainians did with merciless abandon!

      Rommel lost the North African campaign because of a failure of supply lines. The same exact result likewise happened in the Russian campaign which caused Germany to lose the war decisively.

      1. History was my Major at Texas A&M. Post Kennedy, the Universities switch from favoring a Liberal Arts education to that of math and sciences. Americans strove to fulfill Kennedy’s vision of reaching the Moon before the end of the decade. But the advantage of a Liberal Arts education, folks (if they so desire) can think outside of the box. Sciences by contrast, limit reality to physical empirical evidence. These folk box their brains and like Catholic dogmatism and not see anything that lies outside of established dogma. That’s what caused the USSR to collapse.

        Worlds separate a person whose knowledge his trade defines, from a person who has the ability and skill to compare cases across international lines.

      1. What you mean to say, I believe, is that it would betray what this country IS SUPPOSED to stand for .. but you and I both know that this country has not stood for what it is SUPPOSED to stand for for many many years now …. If America actually stood for what is SUPPOSED to stand for there would never have been a President Trump. Gone are the days!

  6. During the Civil War, General Sherman did his own ‘burnt earth’ policy. He devastated the economy of Georgia. To this day, folks from the South despise that man. Remember sitting in military school, and wondering in utter and total amazement while in bloody hell the ‘genius’ military instructors failed to teach their students of the absolute necessity of invading troops treating the invaded populations with dignity and respect.

    On Dec. 1, 1967, the last day of the International War Crimes Tribunal’s second session, antiwar activists from around the world gathered in Roskilde, Denmark. The panel, also known as the Russell Tribunal after its founder, the philosopher Bertrand Russell, had spent a year investigating America’s intervention in Southeast Asia and was now ready to announce its findings. Tribunal members unanimously found the United States “guilty on all charges, including genocide, the use of forbidden weapons, maltreatment and killing of prisoners, violence and forceful movement of prisoners” in Vietnam and its neighbors Laos and Cambodia.

    From that moment on, the Vietnamese “Peoples’ War” strategy hit a home run. Americans on the home front denounced the war in growing numbers. War most essentially means a contest of National Will by opposing nations. The vast regime of torture created by the Bush administration after the 9/11 attacks continues to haunt America. Same result: Americans turned against War Criminal Bush’s illegal invasion of Iraq. Former FBI chief James Comey turned the other way and ignored these torture war crimes. That corrupt barbarian would see the end of his career and reputation under the Trump Administration!

    In both Vietnam and Iraq the dumb ass leadership in corrupt Washington undermined and destroyed the Will of the American people to fight an evil war of imperialism, which violated the ethics of the US Constitution. Ya do not win a long drawn out war simply because your army enjoys an edge in military technology! War requires that people of a country commit to the decision that the enemy – he’s evil. The idiots in Washington, both LBJ and Bush, their outright stupidity and immorality caused the American people to if not support the Vietnam or Iraqi war effort, to at least despise and distrust the American Military monopoly. In both cases Americans lost the will to fight the enemy.

    Not so in the American Civil War. People like myself abhor and despise the damned Yankees to this very day. State’s Rights Washington Bites.

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