Scalia

[K-S-U-Wildcats!]

Another perfect example of the Obama admin's unprecedented lawlessness unfolded today.

A little backstory is necessary. For years, Kansas and a few other states have been struggling to enforce proof of citizenship laws for voting. They have been stymied because the federal forms do not require proof of citizenship, and the courts won't allow them to require use of their own state forms in lieu of federal forms.

Except that something crazy recently happened - the new commissioner of the U.S. Election Assistance Commission said "hey, no problem, we can revise the form for your states to include the poof of citizenship requirement." Problem solved. So naturally, left wing groups just filed a lawsuit in federal court to enjoin the EAC's action from going into effect.

Who represents the EAC? It's supposed to be the Department of Justice. Except the DOJ decided "nah, we're not going to oppose the motion for injunction." Because remember, making it as easy as possible for illegals to vote is of paramount concern in this banana republic.

Enter Judge Richard Leon, who was - let's just say - a bit skeptical of the DOJ's actions....

A federal judge sounded skeptical Monday about a request from voting and civil rights' groups to block a federal official's decision to embrace requirements in three states that new voters submit proof that they're U.S. citizens.

...

While the judge said he would not rule until Tuesday on the temporary restraining order requested by the League of Women Voters, the NAACP, and voter registration organization Project Vote, the thrust of his questions to several lawyers hinted that he was inclined against granting the order.

...

The court hearing Monday began with some drama as Leon read aloud a letter from one commissioner and Newby noting that the Justice Department declined to defend Newby's action and advised the panel that it does not have authority under federal law to retain its own counsel.

Leon called "unprecedented" the Justice Department's decision to agree to a preliminary injunction blocking a federal official's decision, a stance POLITICO highlighted before Monday's hearing.

"I've never heard of it in all my years as a lawyer," the judge said.

Leon also criticized the government for taking an incomplete position in the case, conceding that a preliminary injunction was appropriate but not addressing issues about what decisions the elections panel must make itself and which the panel's director could make on his or her own.

"This is a very unusual way for the Federal Programs Branch to litigate," the judge said.

http://www.politico.com/blogs/under-the-radar/2016/02/voting-rights-citizenship-proof-219642

[star seed 7]

meh

[Fake Sugar Dick (WARNING, NOT THE REAL SUGAR DICK!)]

  that's crazy

[K-S-U-Wildcats!]

Rule of law?

meh

[mocat]

The Illegals voting pandemic is such a ksuw thing to invent and get worked up about

[Fake Sugar Dick (WARNING, NOT THE REAL SUGAR DICK!)]

Federal government wilfully defaulting on a lawsuit is pretty amazing/pathetic

[Rage Against the McKee]

The Illegals voting pandemic is such a ksuw thing to invent and get worked up about

Well there has to be some reason the libtards keep getting elected in Kansas. I think he's onto something.

[K-S-U-Wildcats!]

Note how the libs immediately revert to "eh, illegal voting isn't a big deal" to deflect from the fact that the Obama admin is once again wiping its collective ass with the rule of law.

[ChiComCat]

I think passing Voter ID laws and then making it a pain in the ass to get an ID is a pretty big deal.

http://www.huffingtonpost.com/john-a-tures/alabama-punishes-all-vote_b_8338940.html

[K-S-U-Wildcats!]

I think passing Voter ID laws and then making it a pain in the ass to get an ID is a pretty big deal.

http://www.huffingtonpost.com/john-a-tures/alabama-punishes-all-vote_b_8338940.html

That story was discussed here when it came out in October 2015. It's stupid. Alabamans can still register to vote and get a free voter ID in every county in the state. Closing DMVs sucks if you need a DL to drive, but it doesn't inconvenience voting that much. You really think you shouldn't have to show a form of ID before voting?

[catastrophe]

It seems obvious to me that some level of verification is important, but I do think some places use that as an excuse to tip the scales.

This touches on a pet peeve of mine. Why is Election Day not a holiday? Don't you think voter turnout would be dramatically better if most people were off work? Sure makes more sense to me than Labor Day.

[star seed 7]

Turnout would be awful if it was a holiday

[mocat]

that would be a catastrophe

[Mrs. Gooch]

Turnout would be awful if it was a holiday

Maybe you would need to show some proof you voted to get out of work. Then you would really need to have voter ID laws because people would be faking that they voted just to get out of work.

[catastrophe]

Turnout would be awful if it was a holiday

Hey, awful is still better than abysmal.

[star seed 7]

Tie voter id laws to online voter card and let's get this son of a bitch done

[star seed 7]

Turnout would be awful if it was a holiday

Hey, awful is still better than abysmal.

Awful compared to current levels, dumbo

[CNS]

The holiday thing would only be horrible if it was a friday or monday.  hold it on a wednesday and, yeah ppl may drag themselves in late, but It isn't a bad idea. 

[ChiComCat]

I think passing Voter ID laws and then making it a pain in the ass to get an ID is a pretty big deal.

http://www.huffingtonpost.com/john-a-tures/alabama-punishes-all-vote_b_8338940.html

That story was discussed here when it came out in October 2015. It's stupid. Alabamans can still register to vote and get a free voter ID in every county in the state. Closing DMVs sucks if you need a DL to drive, but it doesn't inconvenience voting that much. You really think you shouldn't have to show a form of ID before voting?

I think when budget cuts hit, the political party in power will have no problem determining what DMVs need closed first.  When a national study has found 10 voter impersonation attempts in the last 15 years, I think it's a waste of money and time.  If a voter ID law does pass, I think it should include provisions to ensure people have easier access to an ID.

[star seed 7]

Also a great time to switch to a national id card

[catastrophe]

The holiday thing would only be horrible if it was a friday or monday.  hold it on a wednesday and, yeah ppl may drag themselves in late, but It isn't a bad idea.

Election Day is always on Tuesday.

[K-S-U-Wildcats!]

If a voter ID law does pass, I think it should include provisions to ensure people have easier access to an ID.

Every voter ID law in effect and under consideration provides a means of obtaining free ID.

[Mrs. Gooch]

If a voter ID law does pass, I think it should include provisions to ensure people have easier access to an ID.

Every voter ID law in effect and under consideration provides a means of obtaining free ID.

"free" is not the same as "easily accessible"

[K-S-U-Wildcats!]

Here's another write-up of the Obama admin's spanking. Consider source, but it seems to comport with Politico's story.

I attended a hearing on Monday afternoon before District of Columbia federal district court Judge Richard J. Leon that was one of the most “extraordinary” federal court hearings I have ever attended, to use Judge Leon’s description of the case. The hearing was over the temporary restraining order (TRO) and preliminary injunction (PI) being sought by the League of Women Voters and a host of other leftist groups to stop the recent decision of the U.S. Election Assistance Commission (EAC) to allow Kansas, Georgia, Alabama, and Arizona to enforce their proof-of-citizenship voter-registration requirement.

This morning, as I predicted would happen in an article on Sunday, the U.S. Justice Department took a dive and filed a pleading in which it not only failed to defend the actions of the EAC, but agreed with the plaintiffs and consented to both a TRO and a PI. Judge Leon called the pleading “unprecedented” and “extraordinary.” He said he had never seen such a document in his entire experience as a lawyer or a judge. He was obviously astonished that the Justice Department was not defending the agency, and it was soon clear he was not going to allow DOJ to just roll over.

The courtroom was so full that Judge Leon was obviously surprised by the size of the audience when he walked into the courtroom, calling it a “traveling roadshow.” In fact, the plaintiffs showed up with over a dozen lawyers. There were so many lawyers (even though only one lawyer was there to argue for the plaintiffs) that, before the hearing started, the clerk asked them to move from the plaintiffs’ table to the gallery.

The judge issued orders just before the hearing started granting the motions of both the State of Kansas and the Public Interest Legal Foundation to intervene in the case in order to defend the EAC’s position. So Kris Kobach, the Secretary of State of Kansas, was given time to argue against the TRO motion, as was Christian Adams of PILF. The judge opened the hearing by reading into the record an astonishing letter he had just received from the chair of the EAC, Christie McCormick. It informed the court that DOJ had told the EAC that it would not defend the agency, and that it would not allow the EAC to hire its own counsel. McCormick informed the judge that she believed DOJ was not fulfilling its duty and obligation to defend the EAC and had a potential conflict of interest.

It was clear that Judge Leon was shocked at what DOJ had done. While he gave the plaintiffs 20 minutes to argue their case, he gave the lawyer from the Federal Programs Branch of DOJ only five minutes because he said that DOJ was obviously on the same side as the plaintiffs. He also said almost immediately that he would not grant a PI without a complete briefing and arguments on the case — despite DOJ wanting to consent to the PI. Judge Leon made clear that there was “no chance at all — zero” that he would do what the plaintiffs and the Justice Department wanted him to do on that issue.

When the DOJ lawyer got up, he was asked very tough questions about DOJ’s actions in this case by Judge Leon, including the potential conflict of interest that I discussed in my Sunday article and which Commissioner McCormick referred to in her letter to the judge. The DOJ lawyer denied that there was a conflict and gave rambling, vague answers that clearly did not satisfy the judge. Leon was obviously annoyed at the lawyer’s inability to answer some of his questions, saying “I gave you the weekend to get ready for this — what have you been doing?”

Judge Leon talked about all of the cases in which the Federal Programs Branch has been involved in his courtroom, and said he had never seen the type of incomplete brief that DOJ had filed in this case. He said that those briefs “usually cover the waterfront” in terms of raising every legal argument to defend an agency. Leon was very dismissive of the DOJ’s position, its behavior, and its failure to mount a defense consistent with its usual practice.

http://www.nationalreview.com/corner/431752/noncitizen-voting-case-doj-rebuked

I can't even believe this. Obama's Department of "Justice" actually told the EAC that the DOJ would not defend the agency, and it was unlawful for the EAC to hire anyone else to defend them.

[sonofdaxjones]

Hey guys, voter fraud isn't an issue .... LBJ, JFK, HST.