Showing posts with label NINA TOTENBERG. Show all posts
Showing posts with label NINA TOTENBERG. Show all posts

Friday, June 9, 2023

FOCUS: Nina Totenberg | Supreme Court Unexpectedly Upholds Provision Prohibiting Racial Gerrymandering

 


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08 June 23

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The setting sun illuminates the Supreme Court building on Capitol Hill in Washington, D.C., Jan. 10. (photo: Patrick Semansky/AP)
FOCUS: Nina Totenberg | Supreme Court Unexpectedly Upholds Provision Prohibiting Racial Gerrymandering
Nina Totenberg, NPR
Totenberg writes: "The U.S. Supreme Court on Thursday stepped back from the brink of totally gutting the landmark 1965 Voting Rights Act." 

The U.S. Supreme Court on Thursday stepped back from the brink of totally gutting the landmark 1965 Voting Rights Act.

By a vote of 5-4, a coalition of liberal and conservative justices essentially upheld the court's 1986 decision requiring that in states where voting is racially polarized, the legislature must create the maximum number of majority-Black or near-majority-Black congressional districts, using traditional redistricting criteria.

The opinion does not "diminish or disregard the concern" that the Voting Rights Act "may impermissibly elevate race in the allocation of political power within the States," Chief Justice John Roberts wrote for the majority. "Instead, the Court simply holds that a faithful application of precedent and a fair reading of the record do not bear those concerns out here."

The decision could reverberate across other states, with reconsideration of how congressional lines are drawn in areas with significant Black populations.

The opinion was unexpected. On two previous occasions, the conservative court has acted to gut provisions of the Voting Rights Act, leaving the once-hailed milestone legislation now a hollowed-out shell. But this decision appears to have left redistricting's last remaining guardrail intact, unlike the other provisions that have been struck down or neutered.

At issue was Alabama's congressional redistricting plan, adopted by the Republican-dominated state legislature after the 2020 census. Twenty-seven percent, more than a quarter of the state's population, is African American, but because of the way the congressional district lines are drawn, minority voters have a realistic chance of electing the candidate of their choice in only one out of the state's seven districts.

In January of 2022, a three-judge district court that included two Trump appointees ruled unanimously that under the Voting Rights Act, Alabama should have created not just one, but two compact congressional districts with a majority or close to a majority of Black voters. The three-judge panel said that Alabama had engaged in a classic case of vote dilution by packing Black voters into a single district and spreading the remaining minority voters out over other districts, thus ensuring they had little political power.

The state appealed to the Supreme Court, arguing that unless there is intentional discrimination, congressional districts must be drawn without considerations of race, and that the Alabama state legislature had drawn congressional district lines in a race-neutral manner. The state noted that it had drawn hundreds of potential maps on a race-neutral basis and that none of them had produced a second majority-Black or close to majority-Black district.

Black voters countered that under the Supreme Court's precedent dating back almost four decades, a racially polarized state must, under the Voting Rights Act, draw district lines that, where possible, allow minority voters the opportunity to elect candidates of their choice.

They noted, for example, that the legislature had no difficulty in creating a second majority-Black district for the state school board, and it could have done something similar to create a second majority-Black congressional district along the Gulf Coast.

On Thursday, the court agreed.



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Wednesday, November 11, 2020

RSN: FOCUS: Nina Totenberg | Will Supreme Court Invalidate Obamacare a Decade After It Was Enacted?

 

 

Reader Supported News
10 November 20


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FOCUS: Nina Totenberg | Will Supreme Court Invalidate Obamacare a Decade After It Was Enacted?
Supreme Court Justice Neil Gorsuch, left, talks with Chief Justice John Roberts on the steps of the Supreme Court following his official investiture at the Supreme Court, June 15, 2017, in Washington, D.C. (photo: Win McNamee/Getty)
Nina Totenberg, NPR
Totenberg writes: "Obamacare is back before the Supreme Court on Tuesday, with opponents challenging it for a third time. The first attempts to derail the law failed in the high court by votes of 5-to-4 and 6-to-3."
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Friday, July 10, 2020

RSN: FOCUS: Nina Totenberg | Supreme Court Says Trump Not 'Immune' From Records Release, but Hedges on House Case




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09 July 20

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09 July 20
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FOCUS: Nina Totenberg | Supreme Court Says Trump Not 'Immune' From Records Release, but Hedges on House Case
The president swiftly responded to the Supreme Court rulings on Twitter saying the legal battle, which has not been put to rest, is 'not fair to this Presidency or Administration!' (photo: J. Scott Applewhite/AP)
Nina Totenberg, NPR
Totenberg writes: "The U.S. Supreme Court handed President Trump a big loss Thursday, ruling that he is not 'categorically immune' from having his pre-presidential financial records released to a New York grand jury."
But in a second decision on the House's request for similar information, the court appeared to question the breadth of congressional authority.
Both cases were sent back to lower courts, and above all, Americans will not see the president's taxes before Election Day.
In the first case, Trump had sought to block the grand jury subpoena of his documents. The vote was 7 to 2 with Chief Justice John Roberts writing the opinion for the majority that Trump could not do so. 
In the second case, the Supreme Court ruled that the lower court needs to consider separation of power issues related to the congressional subpoenas, suggesting that Congress did not have unlimited powers to investigate the president. That ruling was also 7-2, with Roberts writing the opinion.
The president swiftly responded to the rulings on Twitter saying the legal battle, which has not been put to rest, is "not fair to this Presidency or Administration!"
Trump's personal attorney Jay Sekulow took a more optimistic tone in his response to the Supreme Court rulings on the president's financial information.
"We are pleased that in the decisions issued today, the Supreme Court has temporarily blocked both Congress and New York prosecutors from obtaining the President's financial records. We will now proceed to raise additional Constitutional and legal issues in the lower courts," Sekulow said in a statement.
House Speaker Nancy Pelosi argued that a "careful reading" of the rulings "is not good news for President Trump."
"The Court has reaffirmed the Congress's authority to conduct oversight on behalf of the American people, as it asks for further information from the Congress," the California Democrat said in a statement, vowing that Congress will "continue to conduct oversight" and to "press our case in the lower courts."
The subpoenas in the two cases involve financial records largely from before Trump became president. The subpoenas were issued not to Trump, but directly to Deutsche Bank, Capital One and Mazars USA, the banks and accounting firm that Trump and his family did and continue to do much of their business with.
The House Financial Services, Intelligence and Government Oversight committees said the subpoenas were in the exercise of their oversight and legislative responsibilities. 
The committees said they were seeking the Trump records to inform the need for new international money laundering restrictions, as well as for other purposes, such as to see whether ethics laws should be tightened to prevent a president with huge business interests from using his office to enrich himself. 
The subpoenas issued by the New York grand jury involve an ongoing and broad investigation that includes, among other things, hush money allegedly paid to porn star Stormy Daniels and another woman during the 2016 presidential campaign. 
No ordinary citizen would be able to block such subpoenas for business records or tax returns, but Trump took the position that the president is not like any ordinary citizen. Rather, his argument is that he is essentially immune to law enforcement while he is in office and similarly immune to congressional subpoenas.
"Deutsche Bank is sitting on a trove of records ... Trump's innermost financial secrets," said David Enrich, business investigations editor at The New York Times and author of Dark Towers, a book about Trump and Deutsche Bank. 
"It's basically a black box," Enrich observed. "And Deutsche Bank is one of the few institutions in the world that has the keys to unlock it."
He said that among the documents are not only Trump's tax returns but also "balance sheet information, income statements ... who his business partners are ... which he has spent years trying to keep hidden from public view."
Trump has taken out multibillion-dollar loans from Deutsche Bank, but the relationship extends beyond that, according to Enrich. The bank also managed his assets and "provided matchmaking services that connected Trump with wealthy individuals, including some very wealthy, well-connected Russians who were looking to invest in American real estate," Enrich says.
Mazars and Deutsche Bank did not object to complying with the subpoenas. But Trump stepped in to ask the courts to block them from doing so.












Friday, July 3, 2020

RSN: Bill McKibben | What Facebook and the Oil Industry Have in Common






Reader Supported News
03 July 20
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Bill McKibben | What Facebook and the Oil Industry Have in Common
Mark Zuckerberg. (photo: Getty)
Bill McKibben, The New Yorker
McKibben writes: "Why is it so hard to get Facebook to do anything about the hate and deception that fill its pages, even when it's clear that they are helping to destroy democracy?"
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Visitors line up at the Supreme Court in Washington as the justices prepare to hand down decisions, Monday, June 17, 2019. (photo: J. Scott Applewhite/Getty)
Visitors line up at the Supreme Court in Washington as the justices prepare to hand down decisions, Monday, June 17, 2019. (photo: J. Scott Applewhite/Getty)

Nina Totenberg | Supreme Court Acts to Postpone More Controversies, From Mueller Report to Abortion
Nina Totenberg, NPR
Totenberg writes: "The U.S. Supreme Court agreed Thursday to hear arguments this fall in a case that pits the Trump administration against the House Judiciary Committee and its efforts to see redacted portions of report on Russian interference prepared by special prosecutor Robert Mueller."
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Seattle police. (photo: Reuters)
Seattle police. (photo: Reuters)

Police Punish the 'Good Apples'
Musa al-Gharbi, The Atlantic
Excerpt: "Law enforcement needs to protect those who prioritize their sworn duties above loyalty to their peers."
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Former state representative Mark Burkhalter. (photo: AP)
Former state representative Mark Burkhalter. (photo: AP)

John Hudson, The Washington Post
Hudson writes: "President Trump's nominee to be ambassador to Norway is facing demands that he abandon his pursuit of the diplomatic post following the unearthing of a 1994 court filing indicating his involvement in the production of a racist campaign flier against an African American politician in Georgia."
According to the filing, Mark Burkhalter helped create a flier that distorted and exaggerated the features of Gordon Joyner, a candidate for county commissioner in north-central Georgia. Joyner was pictured with some features darkened, a large Afro, enlarged eyebrows and a warped eye.
Joyner sued for libel, resulting in an out-of-court settlement, an apology signed by Burkhalter and three other men, and payment of an undisclosed sum.
Burkhalter did not disclose his involvement in the controversy to the Senate Foreign Relations Committee, according to a letter written by Sen. Robert Menendez (N.J.), the panel’s ranking Democrat, that was obtained by The Washington Post. The committee’s discovery of his role has not previously been reported.
Burkhalter, a real estate developer and former Georgia state representative, did not respond to multiple requests for comment. The State Department and the National Security Council referred questions about Burkhalter to the White House, which did not respond to requests for comment.


CoreCivic, a private prison company, mostly houses migrants under the custody of U.S. Immigration and Customs Enforcement. (photo: Searchlight New Mexico)
CoreCivic, a private prison company, mostly houses migrants u

'Suddenly They Started Gassing Us': Cuban Migrants Tell of Shocking Attack at ICE Prison
Ike Swetlitz, Guardian UK
Swetlitz writes: "The migrants were on a days-long hunger strike when guards entered their prison dormitory in full riot gear of gas masks, shields and canisters of pepper spray. The officers corralled the two dozen or so inmates into a huddled mass. Two men fell to their knees, begging them not to attack."

Refugees say protest against risk of Covid-19 was violently suppressed at New Mexico facility run by private firm CoreCivic

he migrants were on a days-long hunger strike when guards entered their prison dormitory in full riot gear of gas masks, shields and canisters of pepper spray. The officers corralled the two dozen or so inmates into a huddled mass. Two men fell to their knees, begging them not to attack.
“Suddenly, they just started gassing us,” said Yandy Bacallao, a 34-year-old asylum seeker from Cuba. “You could just hear everyone screaming for help.”
At least one person collapsed. Others shouted for air. Bacallao tried to grab a shirt from his bed to put over the mouth of a man who was struggling to breathe. “The officer sprayed me directly on my face and on my body, and I ran,” Bacallao said. “I felt like I was going to drown.”
The 14 May “attack”, in the words of Bacallao and other migrants, took place at Torrance county detention facility, a sprawling complex located about an hour south-east of Albuquerque. Set off from the desert scrub by a tall chain-link fence draped in rolls of razor wire, it is run by CoreCivic, a private prison company, and mostly houses migrants under the custody of US Immigration and Customs Enforcement.
A CoreCivic spokesman, Ryan Gustin, confirmed the incident and said, in a written statement, that guards “responded to a protest” and used pepper spray “on a group of detainees who became disruptive by refusing to comply with verbal directives provided by staff”.
Gustin declined to say what the migrants were doing to protest and what “verbal directives” they had been given. He referred those questions to Ice, which did not respond to a request for comment.
A fuller account came from Bacallao and two fellow detainees, who said the attack came in response to a hunger strike the men launched to protest against the terrible food and their vulnerability to Covid-19.
The men were not detained because they had been convicted of a crime; instead, like others in Ice custody, they were in a sort of immigration limbo, being held until the government could figure out what to do with them. They spoke with Searchlight New Mexico through a translator, though only Bacallao agreed to be quoted by name.
“It felt like I had been burned with gasoline,” said one Cuban detainee who, like Bacallao, came to the United States seeking political asylum. “My throat closed, and I just fell on the floor. I couldn’t speak. I couldn’t breathe. I thought I was going to die.”
Torrance county officials, who last year negotiated arrangements with CoreCivic and Ice to house migrants at the facility, expressed skepticism about the men’s accounts.
“I suspect there’s more to it than what you’ve been told,” county manager Wayne Johnson said, adding that he didn’t have confirmation the incident even happened.
Torrance county directly benefits from the presence of the detention center. During the last fiscal year, which ended on 30 June, the county recorded just over $90,000 in payments from CoreCivic, with more money on the way. Johnson said he expects future annual revenue to be about $130,000.
Ice policy allows the use of pepper spray to “gain control” of a detainee. The policy specifies that detention facilities must keep written and video records of any instance when officers use such physical force. Gustin declined to share any documentation of the Torrance county incident.
But it is just one in a series of many such cases.
In January 2019, a federal judge authorized Ice to force-feed migrants locked up in El Paso who were refusing to eat; staff pushed plastic tubing up their noses and piped food directly into their stomachs. Since the Covid-19 pandemic arrived, detained migrants across the county – from Massachusetts and California to Texas – have been pepper-sprayed after raising concerns about the conditions of their confinement.
They have reason for concern. The coronavirus is highly contagious and can tear through tightly packed facilities like prisons, halfway houses and nursing homes.
An outbreak at the Otero county prison facility, run by a different private prison company in the south-eastern corner of New Mexico, has so far infected more than 700 inmates and killed four. In the Torrance county facility, at least 32 detainees have already contracted Covid-19, according to the New Mexico department of health. Ice reports 42 total confirmed cases; the state didn’t respond to a question about the disparity.
Irritants like pepper spray are especially dangerous during a respiratory pandemic, according to medical experts. The chemicals induce coughing, increase a person’s chances of catching Covid-19 and worsen symptoms among those already infected.
In fact, it was fear of the impending disease that hardened the migrants’ resolve.
Soon after the hunger strike began, the first case of Covid-19 was detected inside the facility, and the men demanded answers: could they be released into the community while the government figured out what to do with them? What was the status of their legal cases? Would new migrants be admitted into the facility, adding to already crowded conditions?
Bacallao had hoped the facility staff might answer these questions. Instead, on 14 May, a high-ranking prison official came into the dorm to deliver a warning. “It was going to get ugly” unless the hunger strike ceased, Bacallao recalled him saying.
The migrants were offered the chance to leave the room and two of them took it, according to one detainee. Bacallao remained.
When it was over, the men were handcuffed with plastic and brought out of the dormitory, their bodies stinging from the spray. Some were carried out on stretchers or wheelchairs, a migrant said. One man had suffered a head wound.
Bacallao was briefly checked by a nurse before being placed in a holding cell with one other migrant. The two could barely see – pepper spray can cause temporary blindness – but they managed to navigate their way to a sink in the cell where they tried to wash themselves off.
The water only made it worse. Bacallao stood still for an hour with his arms outstretched; it was too painful to let anything touch his skin.
Though several migrants told Searchlight that they had been injured, Gustin said that medical staff “reviewed” everyone “involved in the protest” and that “no injuries occurred”.
This is the third time Bacallao has sought political asylum. He first tried to flee Cuba about five years ago with about a dozen others on a makeshift boat a little smaller than two king-sized mattresses. They were headed toward Cancún, Mexico, and planned to make the rest of the journey by land.
At the time, the United States was operating under the “wet foot, dry foot” policy: Cuban migrants caught at sea were turned away, while those who arrived by land were allowed to stay. Since 1959, when US-backed military dictator Fulgencio Batista was ousted by the Cuban revolution and Fidel Castro established an autocratic government, more than a million Cubans have immigrated to the United States.
Bacallao wanted to join them. But after a week in the open water, his boat ran out of gas, and the crew jettisoned the motor to stay afloat. The craft drifted toward American waters, and after a few weeks, Bacallao was apprehended wet-footed and sent back home.
Home for Bacallao is the city of Nueva Gerona, the capital of Cuba’s second largest island, Isla de la Juventud, about 90 miles south of Havana. When he was younger, he loved fishing and playing marbles with the neighborhood kids, but he grew to hate the unquestioning loyalty required by the government.
“I wanted to work, and I wanted a better life, and I wanted freedom,” Bacallao said. The Cuban police are corrupt, he said, and they keep tabs on people who are critical of the government. Things took a turn for the worse after Bacallao refused to attend a pro-government celebration; after that, he couldn’t find employment. “I don’t have a life in Cuba any more because of being against the government,” he said.
Another attempt to seek asylum in the United States in 2018 was unsuccessful – he was sent to a Louisiana prison and then back to Cuba. His most recent escape was last November, when he traveled to Nicaragua and traversed more than 2,500 miles through Honduras, Guatemala and Mexico before finally arriving at the US border – only to find himself victim to the same sort of violence he was trying to escape.
The irony of his situation isn’t lost on him.
“I left running away from communism, from the communist system in Cuba, because I didn’t want to be arrested,” Bacallao said. “And when I come here to the United States, to the freest country in the world, the first thing they do is imprison me.”



Mt. Rushmore. (photo: Getty)
Mt. Rushmore. (photo: Getty)



Indigenous Leaders, Wildfire Experts Agree: Trump's Mt. Rushmore Plans Are Dangerous
Anagha Srikanth, The Hill
Srikanth writes: "Coronavirus or not, President Trump's upcoming trip to Mt. Rushmore is incredibly risky, critics warn."
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Koala populations across parts of Australia are on track to become extinct before 2050 unless 'urgent government intervention' occurs. (photo: Mathias Appel/Flickr)
Koala populations across parts of Australia are on track to become extinct before 2050 unless 'urgent government intervention' occurs. (photo: Mathias Appel/Flickr)

Koalas Face Extinction in Next 30 Years Without Urgent Intervention, Report Warns
Madison Dapcevich, EcoWatch
Dapcevich writes: "Koala populations across parts of Australia are on track to become extinct before 2050 unless 'urgent government intervention' occurs, warns a year-long inquiry into Australia's 'most loved animal.'"
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Trump Rage at Pope Darkens as Ex-Allies Warn of Worsening Mental State

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