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Sunday, December 04, 2016

http://www.grandhaventribune.com/Local/2015/11/10/Brugger.html?ci=content&lp=3&p=1

meanwhile he's not sentenced yet, up to 5 years. not first offense high profile case. His sentencing hearing will take place on December 27th.

I found more information on the Michigan disclaimer conviction I've been looking for.

Roughly 500 postcards were sent out prior to the city’s election last week, which called out Grand Haven City Council candidates Mike Cramer and John Hierholzer, and supported candidate Josh Brugger.
Brugger, one of the two winners of last week’s election, is trying to make sure residents know he didn’t support the mailings. He’s filed a complaint with the state regarding the postcards.
The mailers, sent by Brandon Hall’s Save the Grand Haven Cross and Nativity Political Action Committee, featured messages that gave reasons why people shouldn’t vote for incumbent candidate Hierholzer and challenger Cramer.... Brugger alleges that that the postcards did not include the required disclaimer that states they weren’t “authorized by any candidate committee," as required by section 47, subsection 1, of the state act. The cards also failed to include the required statement, "with regulated funds," as required by section 47, subsection 4, of the act, he noted.

https://www.michigan.gov/documents/sos/Brugger_v_Save_the_Grand_Haven_Cross_and_Nativity_PAC_516037_7.pdf  Letter from the state to Hall.



The Michigan Secretary of State also found last month [march 2016] that Hall violated campaign finance laws by neglecting to include required disclaimers on postcards mailed during the Grand Haven city council election last year, according to the news site. Mlive. http://eagnews.org/school-board-member-convicted-of-stealing-from-cancer-fundraiser-to-run-for-state-office/



11/28/2015Brugger v Save the Grand Haven Cross and Nativity PAC47Yes
SOS web site only shows the allegation, not how it was resolved.Oh wait there's more, it has the complaint and maybe reolution, checking now.
http://www.michigan.gov/documents/sos/Brugger_v_Save_the_Grand_Haven_Cross_and_Nativity_PAC_516037_7.pdf

Disposition: They sent a warning letter and closed the case. That was earlier this year, so within statute of limitations for civil rights action.

It turns out there are many more examples of the Secretary of State sending threatening letters to people whio engage in political speech.

I had thought one of the article said Brandon Hall had been convicted on the disclaimer issue. He merely received a warning letter. So I'll want to review whether that was my mistake or their mistake.
https://www.facebook.com/brandonmichaelhall
in his criminal case, it went to the michigan supreme court on the issue of whether it was a misdeameanor of felony, they said felony.

His attorney, Anna White,... http://hannpersinger.com/attorneys/anna-c-white/

http://www.grandhaventribune.com/frontpage/2015/01/10/Petition-targets-city-councilman-over-Dewey-Hill-vote.html?ci=content&lp=13&p=1 filed a recall petition against somebody who voted the wrong way on his issue. the guy's a bit nuts, but i like him.







Andy Horning got 4.6%, 13,600 votes, in his race for 8th disrict congress in Indiana.

Friday, December 02, 2016

http://www.westacademic.com/Professors/ProductDetails.aspx?NSIID=66166

http://electionlawblog.org/?p=89621
Strict Voter ID headed to Michigan.

I think the bill as written, if the article correctly summarizes the bill, has a constitutional problem.
A person who would have to pay a fee or has a religious objection to being photographed can vote provisionally via affidavit, but they have to go to the county clerk's office to do the affidavit, amking an extra trip to vote. That's administratively more convenient for the county, because they don't have to stock the affidavits at each precinct and train staff. But generally, administrative convenience isn't enough justification for such a burden on fundamental voting rights.

Harman v Forssenius finds that under the 24th Amendment, it's not just that the state can't impose poll taxes, it's also that the state can't erect barriers to voting by adding unneeded layers of paperwork.

In Frank v Walker, the Wisconsin Supreme Court found that requiring voters to buy documents, such a birth certificate, would raise poll tax issues and be unconstitutional, so they construed the statute to avoid that. Here, Michigan would be making some people make two trips to vote instead of one.
Indiana lets the voter fill out the affidavit at the polling place.
(The affidavit option does not cover my case; I'm not claiming to be religious or indigent, I'm just unwilling to show ID.)
It seems to me Michigan would be creating a barrier that raises a 24th Amendment claim.

Similarly there are First Amendment and equal protection problems. Assuming the Anderson test is used, a court would have to balance the burden of the extra trip against the convenience to the state.
Courts in North Dakota, Wisconsin, and North Carolina, at least, have been skeptical of such arrangments. I am unclear on the current status of Applewhite, the PA case.

My prediction is that the litigation costs for Michigan to go this route could be better spent on combating voter fraud via traditional police work - warrants, probable cause, rewards, informants,and that sort of thing. Unless the goal is just voter supression.


To do: It occurs to me I need to send  the Indiana Election Division a copy of the county's response to my tort claim about their refusal to issue provisional ballots in the primary.
Because the county isn't following state law,and the state may have converns about that.

Paul Jacob on freedom to lobby. http://townhall.com/columnists/pauljacob/2016/10/02/showme-human-rights-n2226594. I first heard of Paul Jacob in 1980, and he's continued to be an effective voice for liberty. My mother was a citizen-lobbyist like Calzone, the guy in this case, but she chose to register as a lobbyist, although she wouldn't have had to.

Oral arument transcript in Independence Istitute v FEC,
http://www.moresoftmoneyhardlaw.com/wp-content/uploads/2016/12/oral-argument.pdf
via Bob Bauer.
Some of the older case documents are here, http://www.campaignfreedom.org/litigation/current-litigation/independence-institute-v-fec/, if that's the same case, but I havent found the november 3 decision yet.
https://www.courtlistener.com/opinion/3181490/independence-institute-v-fec/ is the March opinion.
http://www.fec.gov/pages/fecrecord/2016/december/indinstvfecdct.shtml Here is the FEC's summary of the decision.

I interviewed with I I a year ago spring, and am generally sympathetic with their policy choices, but I don't understand their litigation strategy in these disclosure cases. I think they've lost 3 of them now.
Maybe they are playing some really long game, trying to tee up one of these cases before the Supreme Court, and get it to rethink the whole Buckley v. Valeo framework of disclosure. Maybe they are simply confused between what they wish was the law, and what courts are actually going to agree with under current precedents.

The procedural issue back in March was whether, for a case this flimsy, there is a right to a 3 judge court. The DC circuit said there was. So now they got their day in court and lost on the merits, in an opinion I havent yet found online.

Justice Scalia was the foremost fan of disclosure on the court, and his absense will be reflected as cases of this sort get litigated. It remains to be seen who will replace him. Perhaps Mr. Trump will choose a movement conservative, as advised by his counsel McGahan, off his federalist society list, or perhaps he will choose a crony more willing to insulate elected officals from criticism. Too soon to tell.




http://themoderatevoice.com/top-trump-campaign-aide-guilty-on-10-counts-of-election-fraud/

In 2015, the Michigan Secretary of State ruled that Hall violated campaign finance law during a Grand Haven City Council election by omitting required disclaimers from a postcard mailing.

Wednesday, November 30, 2016

Speculation department:
Will James Bopp be offered a post inthe Trump administration? If offered, would he accept?

http://www.nbcnews.com/politics/white-house/will-trump-join-gop-s-voter-id-push-white-house-n689176

Two paths for voter ID.

We used to complain about indeterminacy in the courts. on topics such as voter ID, political speech, politicxl gerrymanding,and so forth. We've got a bigger problem now.
The incoming Trump administration seems unfettered by either a clear understanding of the limited powers of the presidency, or traditional GOP views of limited government.
Bill Clinton and Barack Obama were each constitutional law professors, who understood where the lines were, although each tested those lines. Trump doesn't read books.
So it is likely that the Trump administration will overreach, and attempt things previously considered unconstitutional, both in voter ID and other topics. So it will be up to courts and congress to operate as checks and balances, or not.

We've seen this sort of thing before. BCRA, McCain-Feingold, was an overreach of congressional power. (I was pleased to see Feingold lose again this fall.) While BCRA was intitially upheld in McConnell v FEC, it died a death of a dozen cuts, most especially Citizens United. It is possible that President Bush acted wisely in signing the bill, while holding reservations about its constitutionality, just in order to set up cases such as CU.

Obamacare was seen by many as an over-reach of legislative and executive power. While it was upheld in the courts, the decision brought a resurgence to the idea of limits to the commerce clause.
I expect we will see this factor play out in years to come. I digress.

So I expect we will see executive overreach. What remains to be seen is how congress and the courts will respond. We have lived in a century of the imperial presidency. Occasionally the other branches assert themselves, as with Watergate and Clinton's impeachment. US v Nixon, Clinton v Jones.

Trump is expected to fill at least one seat on the Supreme Court, restoring a conservative majority. Perhaps he will choose someone from the movement that dare not speak its name, the constitution in exile folks over at the Federalist Society. Additionally, there are other vacant judgeships to fill.

So maybe he will appoint cronies - is it Abe Fortas I'm thinking of? - who will prtect Trump. But maybe he will appoint movement conservatives who once in office will assert the separation of powers and the power of judicial review.

How does this apply to voter ID? As a movement conservative, I am in a tiny minority in opposing voter ID on conservative grounds.
One path is that a newly constituted Supreme Court could find that voter ID, as it has played out over the past decade, places a severe burden (Norman v Reed) or severe-ish (Anderson v Celbrezze balancing test) on First Amendment rights, triggering heightened scrutiny. Or they could rely on equal protection precedents such as Harper v Virginia Board. Or they could find authority in the 24th Amendment, which both textually and inthe case law prohibits such practices.

Perhaps more likely, with a Trump justice department on the side of Voter ID, maybe even with some role for Hans Van Spakovsky, federal courts will tend to say voter ID is just fine, maybe with some dilution of particularly egregious practices.

Time will tell.






Saturday, November 26, 2016

stein has now raised over $5 million for recount efforts, more than she raised or spent in her campaign.

http://heavy.com/news/2016/11/wisconsin-recount-filed-results-election-2016-deadline-rules-law-votes-fraud-voter-ballots-electionic-machines-presidential-jill-stein-crowdfunding-michigan-pennsylvania-hack-russia-rigged-trump-clint/

Thursday, November 24, 2016

In Michigan, Jill Stein is Ralph Nader.
Trump won Michigan by 10,700 votes.
Jill Stein got 51,000.

Unlike Gary Johnson's 170,000 + votes, it's safe to say Stein voters would not have chosen Trump.
Not all would have voted for Clinton, but it's a fair bet at least 21% would have.

In  the past few days she has raised over $2 million to conduct recount in MI, WI, perhaps PA.
That's a big chunk of change for her otherwise low budget campaign. edit: she raised and spent $3.5 million in her campaign.

I plan to uppdate this post shortly with her numbers from Wisconsin.

In WI, Trump leads Clinton by 27,200+, and Stein has 30,980. So more than the margin of victory, not enough to throw the election, because some Stein voters would never vote for Clinton, but without Stein it looks much tighter.

In PA Trump leads by about 70,000, and Stein only had 49,000.

I'm not sure which other states were close.

In NC, Trump actually had a majority, over 50%. Also Iowa.
In FL, Trump's 120,000 margin of victory is twice Stein's 64,000.




Wednesday, November 23, 2016

https://robesonian.com/opinion/93788/voter-id-would-bring-confidence-to-election-results

I wrote:
Election fraud comes in different packages. One method is stealing ballot boxes before the votes can be counted. Another method is using voter ID to make sure some votes don't get counted. Both these methods violate fundamental rights under the state and federal constitutions. Voter ID makes elections less secure, and harms the integrity of the election.
The 24th Amendment specificly prohibits these kinds of obstacles to voting. Harmon v Forssenius, 1966. I sincerelty believe that voter ID is an unlawful unwarranted search of my papers and effects, imposing a severe burden on my 4th and 1st Amendment rights, so I don't show ID, and Indiana doesn't count my vote, even though the local officials know my name by now. Last time I ran as a republican for the state legislaure, they didn't let me vote.
399 votes were stolen in Wisconsin this way this year, that we know of. 586 in Mississippi. We should not be trying to add N Carolina to those numbers. There are effective and legal ways to fight voter fraud. Voter I D is not one of those, but is a distraction, and a cure worse than the disease.


                                                             Happy Turkey Day

http://www.politico.com/magazine/story/2016/11/1976-nepotism-law-lyndon-johnson-bobby-kennedy-trump-kushner-214465

How the lbj-rfk feud is affecting the Trump adminsitration.

The feud is well-covered in volume 4 of Caro's bio of LBJ. As of yesterday, volume 5  isn't out yet.
I have "Mutual Contempt", a book about the feud, on my shelf of books I haven't read yet.
Zeitz  is currently writing a book on the making of Lyndon Johnson’s Great Society. Follow him @joshuamzeitz.



Tuesday, November 22, 2016

The night started on a more literary bent when Robert Caro, political biographer of Robert Moses and LBJ, was given the Medal for Distinguished Contribution to American Letters. Caro said he had initially received only a $5,000 advance for what became the 1975 bestselling Moses bio, “The Power Broker:Robert Moses and the Fall of New York.”Eventually, he said, agent Lynn Nesbitt rescued him and hooked him up with Robert Gottlieb and Kathy Hourigan at Alfred Knopf — where he has remained for the 44 years since.
http://nypost.com/2016/11/17/african-americans-make-history-at-national-book-awards/
 If there is a question that annoys Caro more than “Do you like Lyndon Johnson?” it is “When will the next book be published?”
http://www.theparisreview.org/interviews/6442/the-art-of-biography-no-5-robert-caro

To do: find the robert caro story in the princeton tiger. probably circa 1956.



1.2M voted in Mississippi, 560 lacked photo ID at polls

At least 399 votes not counted because voter didn't provide valid ID

Journal Times - ‎7 hours ago‎
The number, which is preliminary and will likely increase as the Wisconsin Elections Commission compiles official results, could play into the ongoing court battle over Wisconsin's voter ID law, which was passed in 2011 but on hold because of court ...

Sunday, November 20, 2016

George Washington's secret 6. Based on a true story.
https://www.amazon.com/dp/B00C5R7FP4/ref=dp-kindle-redirect?_encoding=UTF8&btkr=1


If Senator Sessions, R Alabama, leaves the senate to become Attorney General, what is the process to replace him in the senate? As of this writing I don't know. My guess is the governor is a republican and appoints someone at least until the next election, perhaps for the whole rest of his term.

The governor is Robert Bentley and will appoint a successor. Several state senators are expressing interest.

"My political philosophy has always been liberty and limited government," Brewbaker said when asked what his approach as a U.S. senator would be.
http://www.al.com/news/birmingham/index.ssf/2016/11/bentley_seeking_names_from_gop.html
"I'd like to see strong federalism restored, where the federal government vigorously acts in its role and allows the states to vigorously act in theirs.
"The main thing, I think is to do everything we can to keep out of people's personal lives and to provide the largest possible scope for people to exercise their human freedom, their right to make choices about their own lives and how they want to live them."
Those are the right words, but I am skeptical when I hear them from a republican; republicans tend to talk like Libertarians and spend like Democrats.

Governor Bentley would appoint Sessions's replacement in the short-term and set a date for a statewide election to fill the seat.
http://www.al.com/opinion/index.ssf/2016/11/if_jeff_sessions_leaves_the_se.html

So whom might Bentley appoint if Sessions departs? Several sources I've spoken with suggest a few names on an emerging short list: Representative Martha Roby, Attorney General Luther Strange, state senator Trip Pittman, and state senator Cam Ward.

 If Bentley doesn't appreciate the corruptive risks of appointing a senate vacancy, he should check with former Illinois Governor Rod Blagojevich in federal prison for a little clarity.
http://www.al.com/news/index.ssf/2016/11/who_will_replace_sen_jeff_sess.html#1

If Senator Sessions, R Alabama, leaves the senate to become Attorney General, what is the process to replace him in the senate? As of this writing I don't know. My guess is the governor is a republican and appoints someone at least until the next election, perhaps for the whole rest of his term.

The governor is Robert Bentley and will appoint a successor. Several state senators are expressing interest.

"My political philosophy has always been liberty and limited government," Brewbaker said when asked what his approach as a U.S. senator would be.
http://www.al.com/news/birmingham/index.ssf/2016/11/bentley_seeking_names_from_gop.html
"I'd like to see strong federalism restored, where the federal government vigorously acts in its role and allows the states to vigorously act in theirs.
"The main thing, I think is to do everything we can to keep out of people's personal lives and to provide the largest possible scope for people to exercise their human freedom, their right to make choices about their own lives and how they want to live them."
Those are the right words, but I am skeptical when I hear them from a republican; republicans tend to talk like Libertarians and spend like Democrats.

Governor Bentley would appoint Sessions's replacement in the short-term and set a date for a statewide election to fill the seat.
http://www.al.com/opinion/index.ssf/2016/11/if_jeff_sessions_leaves_the_se.html

So whom might Bentley appoint if Sessions departs? Several sources I've spoken with suggest a few names on an emerging short list: Representative Martha Roby, Attorney General Luther Strange, state senator Trip Pittman, and state senator Cam Ward.

 If Bentley doesn't appreciate the corruptive risks of appointing a senate vacancy, he should check with former Illinois Governor Rod Blagojevich in federal prison for a little clarity.
http://www.al.com/news/index.ssf/2016/11/who_will_replace_sen_jeff_sess.html#1

Saturday, November 19, 2016

https://www.youtube.com/watch?v=VfAiNX7jn9A

ted talk on first elections

Friday, November 18, 2016

http://www.thepilotnews.com/content/unusual-culver-election-sees-complaints-filed-county-first
2015: Indiana Libertarian candidate wins, has disclaimer complaint filed against him. I should look into that.
http://am1050.com/2015/county-election-board-investigates-complaints/
Deb Vandemark, Secretary, (574) 936-8922
Joel Samuelson, jsamuelson at townofculver.org. emailed seeking more info.

deeper research:
http://www.thepilotnews.com/content/serving-culver-bearded-or-not
http://lpin.org/elected-libertarians/




http://www.thepilotnews.com/content/unusual-culver-election-sees-complaints-filed-county-first
2015: Indiana Libertarian canddiate wins, has discalimer complaint filed against him. I should look into that.
http://am1050.com/2015/county-election-board-investigates-complaints/
Deb Vandemark, Secretary, (574) 936-8922




http://www.gothamgazette.com/index.php/opinion/6628-the-best-delegate-election-process-for-a-new-york-constitutional-convention
state constitutional conventions are interesting. they are held more often, and can result in unique texts, which results in unique case law, which is how we get to new york's fusion system, as one example. next year new yorkers will decide whether to have another constitutional convention.
rules matter. an interested person would have time between now and then to learn the rules.
there's bound to be at least a law review article there.

http://currentinfishers.com/election-complaint-filed-against-purvis-and-weingarten/

2011 indiana disclaimer complaint. http://www.sjdlaw.com/bio-gpurvis.php
emailed requesting more info.

http://www.wileyrein.com/newsroom-articles-Code_of_Ethical_Conduct_Issued_for_Trump_Transition_Team_Five-Year-Lobbying_Ban_Announced_for_Trump_Administration.html

http://thefederalist.com/2016/11/18/campaign-finance-rules-make-free-speech-expensive-little-guy/

Dan Backer is founding attorney of DB Capitol Strategies, a premiere campaign finance and political law firm boutique in Alexandria, Virginia. He has served as counsel to more than 60 campaigns & candidates, PACs, and political organizations and regularly represents political law clients before the FEC and in federal court against the FEC.

Somebody I should probably touch base with.

http://townhall.com/tipsheet/mattvespa/2016/11/18/tar-heel-beatdown-nc-governor-files-voter-challenges-in-50-counties-over-known-instances-of-voter-fraud-n2247510

i'll try to find a more neutral source for coverage of this story. it'll be interesting to see how many of these charges stick. he can probably find a few felons voting my mistake.

http://talkingpointsmemo.com/livewire/mccrory-ballot-complaints-north-carolina
http://www.wral.com/county-elections-boards-dismiss-most-voting-challenges/16250933/
As usual hasen already has this covered. http://electionlawblog.org/?p=89361

Thursday, November 17, 2016

https://www.texastribune.org/2016/11/17/court-fight-continues-texas-voter-id-law/



Wednesday, November 16, 2016

http://www.madisonvillemeteor.com/opinion/article_da3e28fe-ab59-11e6-aaa0-cbc1f432664a.html
Supreme court briefs filed in support of Texas voter ID.

http://www.capitalgazette.com/opinion/letters/ph-ac-ce-letters-1116-20161116-story.html

On Monday, both Google and Facebook altered their advertising policies to explicitly prohibit sites that traffic in fake news from making money off lies.

The Ministry of Truth will now be in charge of deciding which news is fake.

http://host.madison.com/wsj/news/local/govt-and-politics/at-least-provisional-ballots-cast-last-week-because-voters-lacked/article_a3a66637-6d23-5c91-801a-047cab57a975.html

Monday, November 14, 2016

http://imgur.com/9QeHxal


Sunday, November 13, 2016

Some video from last night's anti-trump protest.

[–]arbivark   

Thursday, November 10, 2016

According to exit polls, 53 percent of white women voted for Donald Trump.

profiles of the new senators:
http://www.indystar.com/story/news/politics/elections/2016/11/10/new-senator-profiles-2017-freshman-class/93061136/
NV - Masto CA - Kamela Harris  IL - Duckworth NM - Hassan MD - Chris Van Hollen
IN - Young "While Young, 44, did not grow up in a politically active home, his wife is the niece of former vice president Dan Quayle — who ended Bayh’s father’s Senate career in 1980."

4 women out of 6.

http://www.dailymail.co.uk/news/article-3922140/Death-dynasty-rotten-core-40-years-sex-lies-scandals-Clintons-leave-public-life-beset-crushing-humiliation.html



Dow Jones Industrial Average

INDEXDJX: .DJI - Nov 10, 4:34 PM EST
18,807.88218.19 (1.17%)

Wednesday, November 09, 2016

What now for voter ID? Frankly it doesn't look good. I was expecting Clinton to win, to be generally horrible, but to push back against voter ID for purely self-interested reasons. Now Trump will nominate someone to fill that 9th seat. Maybe a principled movement conservative like Scalia, maybe just a crony. He'll have an AG who will be the reverse of Holder. Obama had 8 years to get rid of voter ID, and did little about it till just near the end.

 One possible scenario is that Trump will overreach with both executive acts and legislative proposals, and the judiciary will awaken to its role as a guardian of the constitution.
Under that kind of heightened scrutiny, courts might, for instance, follow the Wisconsin Supreme Court's lead and notice that most of the voter ID plans function as a poll tax.
Or we could get a case where someone takes seriously the Anderson test balancing of Crawford, and shows that voter ID is a severe-ish burden with little direct connection to legitimate state interests.

But overall I expect things to get worse before they get better.
I cast my absentee vote for Gary Johnson, which might or might not have been legal, since I was able to make it back from out of state, so I wasn't really absent. I now expect I'll return to my habit of casting provisional ballots that don't get counted; I'm that one guy that's been disenfranchised.
Or maybe I'll just get a hotel room across county lines so I can vote absentee, although that strikes me as a poll tax of sorts.

Missouri has amended its constitution to get around that pesky right to free and open elections, but just maybe some other states will notice they still have such a clause in their own constitutions.

From where I sit in Indiana, that looks like it will be more the execption that the rule. Meanwhile technology marches on, and new uses will be found for our internal passports. Of course you need ID to use a computer....

New Hampshire president:  Clinton 346,816; Trump 345,379.

last night i had Trump up by 15, but that seems to have changed. 


                                      is there a gold fringe on that flag? how disappointing.

Did Justice Ginsberg err in not resigning 2 years ago?

I'm not convinced. An 83 year old white woman has on average a life expectancy of 7.9 years.
It may be higher for jews. It is certainly higher for Supreme Court justices. But she's a cancer survivor, and I think she's a widow, those bring it down some. But let's pretend 7.9 years.
That's long enough she could wait out a one term Trump, or even a two-term Trump, as long as Trump isn't followed by Pence or someone as bad (from her perspective.)

Of course, she might live but become incapacitated, which was awkward for Justice Douglas in his later years. In a coma, many feel she'd be a better justice than any Trump pick. (I personally have hopes for any Trump pick, both hopes and fears.)

Another option she would have had would have been to take senior status, but remain, as justice Brennan  did, an active member of the court behind the scenes.

Hasen:
I’ll have much more to say on this soon. But I just wanted to note this point, as I’ve made earlier, that control of the political branches means control of the Supreme Court. And a conservative Supreme Court will be much less protective of voting rights than a liberal one.

 I think it's not that simple. A conservative Supreme Court tends to protect a different set of voting rights than a liberal one does. Hasen's writings often focus on equality. Conservative courts tend to be less protective of equality in situations where equality conflicts with liberty. Conservative courts tend to be better than liberal ones at protecting voting rights where the issue is liberty. Liberal litigators need to learn to frame their arguments in terms of liberty, to win with such courts. This is something the ACLU, for example, has an excellent track record with.

"Elections shall be free and equal." That's Section 1 of Article II of my state constitution. I wrote my LLM thesis on such clauses, back in the day. Both prongs are important. Cases that argue for a kind of equality that sacrifices liberty aren't going to make much headway with a conservative court.

Citizens United was an example of such a conflict. In the interests of equality, the liberals wanted to give the government the power to censor books. The conservative court wasn't having any. The history of the First Amendment is a struggle against the kind of censorship of books that took place during Shakespeare's times.

For a different example,  the liberals have framed their opposition to voter ID in terms of equality, arguing, correctly, that such practices would have adverse impacts based on race and party and income and such factors. That didn't win the votes of Thomas or Alito or the late Scalia.
I wonder what might be accomplished with an attack on voter ID framed in terms of liberty.
Voter ID infringes on the liberty of the white rural trump voter, to vote freely without a lot of government red tape. I wonder how the Roberts Court would respond to such arguments. Granted we made such aruments in Crawford in the Privacy Project brief, and the Rutherford Institute did an even better job in their amicus, and the court ignored those. But I'd like to see someone like the Rutherford Institute bring a voter ID case. 
  

Dems pick up 5 seats in congress, not enough to matter.
They did better in the senate, gaining at least IL and NH with Louisiana headed to a run-off.
So is that 51-48?

http://www.wmtw.com/article/question-5-asks-mainers-to-approve-ranked-choice-voting/7482915

If those numbers are final, Trump beat Clinton by 15 votes in New Hampshire. 25K for Johnson.

update: by wednesday it moved back to clinton. i think that ends up 232 for clinton, 306  for trump.

Voter ID 

Missourians likely will need to provide a government-issued photo ID in future elections.
Amendment 6 was leading with 65 percent of the vote.




Read more here: http://www.kansascity.com/news/politics-government/election/article113523273.html#storylink=cpy

 The greenback was at 102.40 yen, down from above 105 Tuesday.
Gold soared 5 percent to $1,331.


[–]CavalierPB [score hidden]  
I honestly can't believe it.
Brexit, Cubs win World Series, Trump wins presidency. What is happening

Toomey (PA) and Blunt (MO) keep their seats. I don't care for Blunt; I fought him once in Coker-Garcia v Blunt. But I am happy to have the GOP keep the senate.
Dems picked up Duckworth (IL), and NH is undecided, and LA will have a runoff.

Tuesday, November 08, 2016




    1. If all those deluded supporters hadn't thrown their votes away, would have won!


  1. BREAKING NEWS: Gary Johnson has currently received the most votes by a 3rd party candidate since 1996 (3.3 million).
  2. How's that Gary Johnson protest vote treating you right now?
  3. IMBECILE GARY JOHNSON BRINGS DOWN🌍BECAUSE OF NARCISSISM & IGNORANCE ‼️JILL YOURE WORTHLESS ‼️WELD U COULD HAVE SAVED US,WHY DIDNT YOU😥

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