Tag Archives: elections

They Do It Again

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With just 39 days to go before the midterm elections the conservative majority on the Supreme Court couldn’t keep its hands off the ballot box. Once more they have used its secret shadow docket to overrule two detailed lower court decisions, allowing their patron Donnie Trump to include records from the Social Security Administration (SSA) in the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database made available to state offices. This allows states to request bulk searches using full or partial SSNs and linked SSA’s master files to verify citizenship for voter registration. Critics fear that states could use the system to purge large numbers of valid voters from their rolls ahead of the midterm elections.

The decision is bad because the Court should not be getting involved in elections, which the Constitution makes clear is, absence legislative action by Congress, a matter for the states to administer. Trump has in fact been pushing Congress to take such action but has failed to get new laws enacted in spite of a majority in both the Senate and the House. Once again, the conservative Court majority just can’t resist tipping the scales in favor of their president.

On the other hand, the order in Department of Homeland Security v. League of Women Voters is not expected to have much of an impact on this November’s election. That is because states are not required to use the federal system, as they might be is a new federal law was anacted, and there is little interest among local and state election officials for it, because it has mistakenly flagged U.S. citizens as noncitizens in past searches.

The Court majority, clearly embarrassed by criticism of its use of the emergency docket to render significant judgments without explanation has, at least, been writing short explanations in recent actions. In this case they wrote that a lower-court ruling which had blocked the administration from rolling out the system was improper because it inhibited “the federal government’s efforts to assist state and local agencies in the proper administration of the midterm elections.”

The emergency ruling was unsigned and gave no vote count, but the court’s three liberal justices joined in dissent, making the 6-3 party line vote obvious. In that 12-page dissent, Justice Ketanji Brown Jackson wrote that the majority’s decision created the conditions for some states to cancel the voter registrations of at least some recently naturalized citizens or to force them to provide proof of citizenship before voting.

“The harm caused by burdening or disenfranchising even a few lawful voters outweighs the nonexistent harm that the government experiences when it is prevented from taking an action that it likely lacks the authority to take,” she wrote, joined by Justices Sonia Sotomayor and Elena Kagan.

Federal law establishes a 90-day “quiet period” before elections, in which wide-scale changes to state voter rolls cannot be made. The provision is meant to avert last-minute chaos in elections and is expected to prevent states from kicking large numbers of voters off their rolls in the weeks leading up to the midterm. Even the majority recognized that the 90-day rule “limits the potential impact” of the court’s action. However, the majority added that states should have the ability to use the federal system to make inquiries about voters on a case-by-case basis.

The conservatives on the Court could have left this matter alone. But that is not their style. The primary issues remain to be hammered out in the lower courts, as they should be. The real threat will be to the election for president in 2028.

Interestingly, the Court also unanimously blocked a Republican-backed congressional map in Missouri for a third time, People Not Politicians v Robert Onder, reverting the state to its 2022 map boundaries for November. With this action the Supremes rejected an appeal backed by the Republicans and the Trump administration, stating that Missouri must conduct its 2026 congressional election using the 2022 map lines following a state court determination that the newer map required voter referendum approval.

It has been a busy summer for the Court. The regular Court term doesn’t even start until October 5!

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The Trump Court’s Summer

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The Supreme Court is only two thirds of the way through its three-month summer vacation. But the conservative majority has kept busy facilitating Donald Trump‘s marauding destruction of the institutions of the government, both physical and abstract. In so doing they have supported his strategy to wreak havoc on the nation, sowing a path of destruction so quickly his opponents can’t mount a defense quickly enough to stop him from achieving his goals. Their embarrassingly rash decisions make a mockery of the judicial process and the rule of law.

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R.I.P. V.R.A.

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John Roberts, Chief Justice of the United States, has achieved his life goal. With the Court’s ruling in Louisiana v. Callais, he has killed the Voting Rights Act. Roberts made the destruction of the VRA of 1965 his lifelong crusade. His opposition to the Act dates back to his days as a law clerk for then Associate Justice William Rehnquist. Rehnquist notoriously wrote a memo in 1952 stating, “I think Plessy v. Ferguson was right and should be re-affirmed.” Plessy was the infamous “separate but equal” case institutionalizing racism in public schools. It was overturned by Brown v. Board of Education in 1954.

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Happy New Year!

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We already know how 2025 has ended. Donald Trump has made it a wall-to-wall disaster with his illegal exercise of power with the goal of trashing the government and sweeping aside the norms of law and reason by which we have governed for 250 years. Even on New Year’s Eve he has vetoed a bipartisan law aimed at providing drinking water to tens of thousands. He has also reposted social media attacks on the memory of Tatiana Schlossberg, the granddaughter of President John F. Kennedy, who tragically died of cancer at the age of 35.

These acts of retribution, jealously, and sheer cruelty are standard procedure for Trump, who seems to draw perverse pleasure from these vile acts.

But there is hope that 2026 can be different. the new year is also an election year. That means we the people get a chance to reverse the mistake made in 2024 and strengthen the roadblocks that keep Trump from putting a crown on his head. in 2025 the Republican majority in Congress abdicated its traditional role as legislative partner and overseer of the executive. But every member of the House of Representatives faces reelection in 2026. So does one-third of the members of the Senate. Voters can make their disapproval heard loud and clear.

Buckle up. 2026 will be a rough ride. But we can make a difference. Some assembly will be required.

Happy New Year!

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The Donnie-Mander

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The Supreme Court, or rather the six Republican justices on the Supreme Court, have handed Donald Trump another victory. They issued a stay, blocking the order of a three-judge panel in Texas, which found the recent reapportionment of the state’s Congressional districts to be racially motivated and therefor illegal. The six, has been their pattern all year, issued their order in the dark of night on the “shadow” docket without an explanation or opinion. Greg Abbott, et al. v. League of United Latin American Citizens, et al.

The map the lower court panel blocked was seen as one of the most aggressive mid‑decade gerrymanders in recent history. The Supreme Court stay allows Texas to proceed with the new map, which analysts say could give Republicans five additional U.S. House seats in the 2026 midterms.

Gerrymandering 101

What, in a nutshell, is gerrymandering? The Encyclopedia Britannica has a wonderful explanation from which I have borrowed the graphic above. The American Constitution requires that every ten years we conduct a “census” to apportion representation in the House of Representatives. The Fourteenth Amendment, Section 2 begins, “Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.”

Once the number of representatives is determined by the census, it is up to each state to draw the maps of legislative districts. Because the states have statewide elections for senators, governors, and to decide members of the Electoral College, there is data on how the state as a whole divides between the parties. Using the graphic above we find of a total population of fifty, thirty (60%) are orange voters while twenty (40%) are purple voters.

From that starting point, the state could draw “fair” maps which distributed the people in such a manner to generate three orange and two purple representatives, proportionate to the statewide electorate. But the state could also gerrymander, producing an outcome, using the example on the right above, of five orange and no purple representatives, or two orange and three purple representatives.

The term “gerrymander” was coined as a portmanteau of the name Elbridge Gerry and the word “salamander.” Gerry, who was the governor of Massachusetts, signed a redistricting law that redrew district lines in a way that favored his party. Critics said the new map created a weirdly shaped district which resembled a salamander. A satirical cartoon published in the Boston Gazette on March 26, 1812, popularized the word. The cartoon depicting the irregular shape helped turn a local political attack into a lasting political term.

The Donnie-Mander

The political parties have a long history of manipulating their maps to various degrees every ten years when the new census requires a reallocation of seats. But two things make this year’s manipulations unusual. First, this is a mid-census reapportionment. The last census was in 2020 with new maps taking effect in 2022 in most states. Second, this mid-census revision to the 2022 map came at the direct demand of Donald Trump. Texas’s Republican Governor Greg Abbott heeded Trump’s call and generated a new map that may add as many as five Republicans to the House in 2026. That is the map the Supreme Court now says can be put into place. With the Republican control in the House hanging on a tiny seven vote majority, Trump is clearly afraid the Democrats could gain control in the next election.

This Trump inspired Donnie-Mander, now sanctified by the Supreme Court, has set off an unprecedented arms race of mid-decade redistricting across the country. Missouri and North Carolina have passed their own Republican leaning maps. California voters approved a map designed to cancel out the Texas gains. Virginia and Maryland are working on new maps favoring Democrats. Illinois is considering one. Florida and Indiana are working on revisions on the Republican side.

National Public Radio has been keeping score on its web site. As of this writing they show a slight gain for Republicans on the basis of district voting patterns in next year’s election. Considering his atrocious polling numbers, Trump is going to need all the help he can get. The Center for Politics at the University of Virginia, one of my favorite pollsters, sees 2026 shaping up to be much too close to call.

Congress has over the years tried to set standards and take control of the redistricting process. It has never been able to pass a law to bring order out of the chaos.

The majority on the Supreme Court, by allowing these partisan mid-decade redistrictings, has created a free-for-all which is a lose-lose for the American people. But 2026 does promise to be a good show.

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The One That Counts

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Donald Trump‘s dance card is filling up. Trump has now been indicted by a third grand jury, this time for his actions following the 2020 election. Trump is accused of attempting to stop the peaceful transfer of power and deny the right of American citizens to elect their president. There has never been anything like this in the history of the United States. The outcome will determine what kind of a nation we want to be.

This is the Case that Counts

In a series of investigations, two previous indictments, two impeachments, and several civil lawsuits, Trump has been accused of crimes committed as president and after he left office. The charges range from business fraud to the illegal retention of classified material to the destruction of evidence.

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The Fox Lies Channel

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Here’s a shocker. The people on the Fox News Channel lie. They knowingly lie. They lie all the time. Anyone with the common sense to distinguish between fact and fiction has known this for a long time. But the facts were never so clear as they are in a recent court filing by Dominion Voting Systems.

Here are the basic facts:

  • Dominion Voting Systems is suing Fox News for $1.6 billion for spreading false claims that Dominion rigged the 2020 presidential election.
  • A new court filing shows that Fox anchors and executives privately ridiculed former President Trump’s lies about the election even while promoting them on air.
  • The filing also reveals that Fox ignored warnings from its own staff, experts, and lawyers that the claims were baseless and harmful.
  • The filing includes internal emails, text messages, and transcripts that show how Fox hosts and guests knowingly spread misinformation to boost ratings and appease Trump.
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