Tuesday, June 27, 2023

U.S. Supreme Court crushes the Independent State Legislature Theory


This is the majority opinion itself, penned by Roberts, and signed by Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson. Although the North Carolina Supreme Court eventually reversed its ruling (after an election changed the balance on that court), it did not restore the gerrymandered maps. Therefore, the U.S. Supreme Court ruled that the case is not moot. Judicial review by state supreme courts pre-dates Marbury v. Madison, and the elections clause of the U.S. Constitution does not carve out an exception to that basic feature. The Court found precedent for considering federal election laws by state legislatures to be subject to the usual checks and balances.

Charlie Cooper

Alito's wife has assets related to fossil fuels


Justice Alito has ruled many times to reduce the power of the EPA to protect the air and water from fossil fuel interests. His wife has a contract for drilling on land she inherited.

Charlie Cooper

Monday, June 26, 2023

Sen. Sinema takes airline money and pushes for reduction in pilot training hours


Sen. Tammy Duckworth, a former military pilot attacked Sen. Sinema's amendment to reduce in-flight training requirements for airline pilots as a real risk to passengers. She receives money from associations connected with the airlines, critics charge. The pilots' and flight attendants' unions say that her amendment would make air travel less safe.

Charlie Cooper

Sunday, June 25, 2023

National Popular Vote Interstate Compact is gaining


Minnesota has joined, and Nevada and Michigan could well be next. That would bring the total of electoral votes of the states signed on to 224, and states with 46 more would be needed for it to go into effect.

Charlie Cooper

Saturday, June 24, 2023

Overview of 100 restrictive voting laws passed since SCOTUS overturned section 5 of the VRA


These laws make it harder to register and/or to vote and many are racially discriminatory in effect. Many of the laws were passed by states that were subject to preclearance under section 5 of the VRA of 1965.

Charlie Cooer

Thursday, June 22, 2023

U.S. Senate Budget Committee holds hearing on dark money impact on climate change misinformation


Sheldon Whitehouse chairs the Senate Budget Committee. At the hearing, 3 Democrat-invited witnesses explained how the fossil fuel industry used dark money to spread lies about climate change in order to avoid legislation being passed to transition away from fossil fuels. Two Republican-invited witnesses testified that Democrats' environmental concerns are overblown and the Democrats use more dark money than Republicans. Democrat Sen. Jeff Merkeley invited Republicans to support the DISCLOSE Act, which would limit dark money dramatically. [As recently as last year, every Republican senator voted against the DISCLOSE Act.]

Sheila Ruth and Charlie Cooper


Brennan Center issues report on term limits for SCOTUS justices

Wednesday, June 21, 2023

Virginia advocates want to strengthen campaign finance regulation

Justice Alito took high-cost gift from billionaire and then ruled in his favor


ProPublica has another devastating story about lack of ethics among Supreme Court Justices -- this time it's Samuel Alito. In 2008, Alito accepted a free fishing trip from billionaire Paul Singer that would have cost at least tens of thousands of dollars. He didn't disclose it under the "hospitality" exception that the justices use to hide their corruption. Six years later, Alito failed to recuse himself and ruled in favor of Singer's hedge fund in a dispute with the nation of Argentina.

Charlie Cooper

Sunday, June 11, 2023

GOP changes tune on voting methods


Republican Party leaders and candidates continue to blast early voting, mail-in voting, and "ballot harvesting," but they are now saying that they must maximize their use of these methods where legal.

Charlie Cooper

Monday, June 5, 2023

Fiscal deal contains language limiting SCOTUS


The fiscal deal contains language that bars judicial review of certain provisions -- such as the Mountain Valley Pipeline. Although many will disagree with allowing more fossil fuel infrastructure, the recognition of Congress constitutional power* to limit the jurisdiction of the Judicial branch may be a way to limit what many see as abuse of power by the Supreme Court.

*"...the Court has final appellate jurisdiction but 'with such Exceptions, and under such Regulations as the Congress shall make.'"

Charlie Cooper

Saturday, June 3, 2023

Head of Brennan Center publishes new book on Supreme Court


Critiques originalism and offers an alternate Constitutional theory. Proposed remedies such as term limits and code of ethics.

Charlie Cooper