Why Trump Remains on the Ballot

The US Supreme Court ruled Monday that former President and current Republican Primary Presidential candidate Donald Trump will remain on all of the relevant election ballots, overruling the Colorado State Supreme Court directly and Maine’s Secretary of State by extension. The Court’s reasoning is important. From the ruling’s second paragraph:

Because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 [of the 14th Amendment] against federal officeholders and candidates, we reverse.

The Court expanded on this, quoting Chief Justice Samuel Chase in his 1869 Griffin’s Case ruling:

Racism, Arrogance Against Election Integrity

In the aftermath of the 2020 election confusions in Georgia (both general and runoff), that State passed its Election Integrity Act that, among other things, shortened Georgia’s early voting period from nine weeks to four, reduced the window for mail-in ballots, and moved the deadline for registering to vote to 29 days before an election.

The Sixth Dist. of the Afr. Methodist Episcopal Church, the Ga. State Conf. of the NAACP, and The Concerned Black Clergy of Metro. Atlanta Inc., joined by the Federal government’s DoJ, sued to strike the law as voter suppressing—the stricter voting period unfairly discriminates against Black voters, among other complaints.

A Voting Rights Discrimination Case

The 8th Circuit has ruled that private parties cannot bring suit over voting rights discrimination under Section 2 of the Voting Rights Act; only the US Attorney General can. The 8th Circuit stands alone among courts and against long-standing precedent here. It’s still correct on the matter.

The court’s decision, in summary, said the

Arkansas branch of the NAACP and another organization couldn’t challenge the district lines drawn for the Arkansas House of Representatives after the 2020 census.

Circuit Judge David Stras, for the majority:

The Way to End Racism is to Stop Doing Racism

And that includes ending racial gerrymandering.

On Friday a Fifth Circuit panel heard arguments in a Voting Rights Act lawsuit (Robinson v Ardoin) that seeks to force Louisiana to draw a second majority-minority Congressional district. The case was put on pause while the Justices considered a challenge to Alabama’s map. Now the plaintiffs are using the Court’s Alabama ruling (Allen v Milligan) to advance an extreme racial gerrymander.

Never mind the 14th Amendment’s injunction that nor shall any State…deny to any person within its jurisdiction the equal protection of the laws.

Or the 15th Amendment’s Art I:

It Doesn’t Get any Clearer than This

The citizens of California want to have a State referendum on taxes, specifically a vote on the Taxpayer Protection and Government Accountability Act, in November 2024. The Act would limit the State government’s ability to raise taxes on those good citizens.

Progressive-Democrat Governor Gavin Newsom has joined John Burton, ex-State Progressive-Democratic Party Chairman, in an emergency(!) petition to the State’s Supreme Court to get the initiative removed from that election. The measure if passed, Newsom and Burton worry, would gut the administrative state and shift the longstanding balance of powers in California back toward the State’s legislative branch.

A Court Gets It Wrong

Alabama’s legislature redrew its Federal House of Representative district lines, leaving the State with one black-majority district. The State’s courts objected and ordered the lines drawn, strongly encouraging a second black-majority district be created, since 27% of the State’s citizens are black. The State’s legislature sort of obliged, creating a second district with 40% of its voters being black.

A three-judge Federal panel (which The Wall Street Journal identified as a special three-judge district court) rejected the new districts. It’s on this point that I think the court got things badly wrong, and if the AP article is accurate, exposed the intrinsic racism in the way district lines are drawn.

Not So Massive

Georgia thinks it can’t update its Dominion voting machines in time for a major election in 17 months because the task is so massive. The State’s government men and women are aware that

Dominion voting machines had significant vulnerabilities, which led the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) to issue a public advisory last year based on the findings.

But it’s too hard to fix in the time available, they claim. This is a copout.

It’s Ours By Right, Dammit!

No Labels is looking hard at running their own President/Vice President ticket for the 2024 election. The Progressive-Democratic Party is in fury over the possibility, to the extent that its Arizona arm is going to court to try to stop No Labels from registering its candidates in that State.

It [the Arizona chapter of the Progressive-Democratic Party] filed a lawsuit in state court against No Labels alleging that the signatures we collected and the petition approved by Arizona’s secretary of state should be thrown out.

Party’s rationale—and they’re absolutely serious:

A National Popular Vote Interstate Compact

The National Popular Vote Interstate Compact wants to put together a coalition of States whose Electoral College votes aggregate to 270—the minimum majority required to elect the President and Vice President—and which coalition then would allocate their Electoral College votes to the national popular vote winner, instead of to the popular vote winner of the particular State.

This is a naked attempt to defeat the purpose of the Electoral College as it is constituted in our Constitution.

This is what Art II, Section 1, says about the Electoral College:

Cyber Voting

New York State Progressive-Democrat Congressmen want to allow absentee voters to return their ballots over the Internet.

Those Congressmen want absentee voters to be able to [emphasis added]

submit ballots for federal, state and local elections using “electronic absentee ballots” submitted by email.

“Government watchdogs” object.

…Reinvent Albany and Common Cause New York said they have “grave concerns” about the proposed legislation. They warned the move would “put the security of New York’s elections at high risk for cyber incidents, and undermine public confidence in election results.”