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The West Memphis 3, Hollywood, and American Justice | I am, of course, pleased to see that the West Memphis Three, men who were convicted in 1993 of killing three 8-year-old boys as part of a theoretically Satanic ritual on the confession of one of their number who was later diagnosed as mentally handicapped, a confession which was later clouded by new DNA evidence, are getting out of jail. I’d hesitate to celebrate this as any kind of victory for American justice, however. That it takes three HBO documentaries, a celebrity benefit album organized by Henry Rollins, and the quiet financial support of Peter Jackson and Fran Walsh to free three wrongfully convicted men is an illustration of how difficult, and how expensive it is to exonerate people who are on death row. As long as we have to rely on campaigns like these, we are extraordinarily unlikely to regularly and promptly recognize grievous errors. And as David Grann’s reporting into the evidence that convicted Cameron Todd Willingham and sent him to his death indicates, sometimes even those heroic efforts won’t come fast enough to give people some of their lives back.

It’s much, much easier to build coalitions around specific, and sympathetic, defendants and specific cases than it is for procedural and cultural reform. But we need the latter, and we need it urgently, and those campaigns could use the kind of money and public influence the West Memphis Three’s supporters have on offer. Hopefully, their campaign doesn’t end with this deal.

Arizona Sen. Russell Pearce Thinks Taxpayers Should Pay For His Recall Campaign

Arizona Senate President Russell Pearce, the sponsor of Arizona’s draconian anti-immigrant law SB 1070, faces a recall election on Nov. 8 after nearly 17,000 Arizona voters signed a petition supporting this recall. Pearce, of course, believes this is terribly unfair — so unfair that Arizona’s taxpayers should pay for his campaign:

A little-known provision in the Arizona Constitution requires the Legislature to enact the laws necessary to run an election seeking the ouster of an elected official. And that includes “provision for payment by the public treasury of the reasonable special election campaign expenses of such officer.” [...]

[T]he Senate president said that, in general, he is opposed to using public funds for elections.

He said, though, his particular case should be an exception. [...] “In my case, simply, they don’t like what I’ve accomplished,” he said. Pearce said if that is the case, voters will have a chance next year, at the regular election, to choose someone else.

“I suspect why it’s there (in the Constitution) is it’s overturning a valid election, a minority in most cases overturning the voters’ will,” he said. It takes the signatures of 25 percent of those who voted in the last regular election to force a recall.

“It is tough,’’ he said. “You’ve got to raise money.”

It’s not entirely clear that Pearce can force the state to fund his campaign. The entire provision of the Arizona Constitution he relies on says that “[l]aws necessary to facilitate the operation of the provisions of this article shall be enacted, including provision for payment by the public treasury of the reasonable special election campaign expenses of such officer,” and the state’s Elections Director reads this provision to “require an actual vote by lawmakers.”

Should Pearce try to force the issue, however, it will be interesting to see how he explains to the state’s voters that he is absolutely, positively opposed to public financing of political campaigns — but he’ll make an exception for himself.

Censorship On The Rise: U.S. Schools Have Banned More Than 20 Books This Year

Caution: These books may force you to think.

Last month ThinkProgress reported that a Missouri high school had banned Kurt Vonnegut’s classic novel Slaughterhouse Five because religious residents complained that it taught principles contrary to the Bible. Now the American Library Association reports that this year alone, U.S. schools have banned more than 20 books and faced more than 50 other challenges, with many more expected this fall as school starts.

The library association says the number of reported challenges in the past 30 years has hovered between about 400 or 500, but there are many bans they never learn about. While parents have traditionally launched the lion’s share of challenges, Deborah Caldwell-Stone, an attorney with the association, says she has noticed “an uptick in organized efforts” to remove books from public and school libraries.

The top reasons for challenges are sexually explicit content, offensive language and violence. “That’s not what our kids should be reading and learning,” Roberta Combs, president of the Christian Coalition of America, told USA Today.

A review of the books banned by various schools in the past six months illustrates that eliminating this “objectionable material” actually deprives students of the chance to think and form their own opinions about difficult questions. The banned books include Push by Sapphire, the acclaimed novel about an illiterate 16-year-old girl that was made into the Academy Award-winning movie Precious. Also on the list is a “laugh-out-loud” picture book about a happy rat, and a book by a Pulitzer-Prize winning author that puts a human face on legendary human rights leader Mahatma Gandhi.

The complete list is below.

NEWS FLASH

Congressman Mike Coffman (R-CO) Introduces Bill For English-Only Ballots, Repealing Part Of Civil Rights Act | Rep. Mike Coffman (R-CO) appears to be channeling Alabama candidate Tim James, made famous last year for his comically xenophobic campaign commercial. On Wednesday, Coffman announced a bill to that would “repeal a section of the 1973 Voting Rights Act that requires jurisdictions with large populations of nonproficient English speakers to print ballots in more than one language.” Elena Nunez, a director with Common Cause, rebuked Coffman’s discriminatory proposal in a statement to the Denver Post. “We are talking about U.S. citizens, whether they were born here or not.” English-only ballots, of course, do nothing to stem undocumented immigration or voter fraud; rather, Coffman’s bill serves only as a measure largely designed to disenfranchise Americans from immigrant backgrounds.

NEWS FLASH

Don’t Get Your Hopes Up, Rick Perry | In the 1869 case of Texas v. White, the Supreme Court denied Texas’ attempted secede from the union — an attempt Texas made in part because it objected to the Reconstruction era federal government’s embrace of “the debasing doctrine of equality of all men, irrespective of race or color.” Nearly 150 years later, conservative Justice Antonin Scalia will preside over a reenactment of this case. Before Rick Perry gets too excited, however, he should realize that Scalia is already on record saying that “[i]f there was any constitutional issue resolved by the Civil War, it is that there is no right to secede.”

Rick Perry Signed Unconstitutional Law Nullifying Federal Light Bulb Law

Nineteenth Century nullificationist Senator John C. Calhoun

Texas Gov. Rick Perry (R) is one of the most radical constitutional thinkers in the country. He believes that Social Security and Medicare are unconstitutional. He thinks federal child labor laws, overtime laws and the minimum wage all violate the Constitution. And he doesn’t think that Americans should be able to elect their own senatorsamong other things.

So it probably shouldn’t come as any surprise that Perry supports one of the most destructive misinterpretations of the Constitution in American history — nullification.

In 2007, President George W. Bush signed a law that would gradually phase out older light bulbs that are both more inefficient and more expensive in the long run that bulbs based on modern technology. Once President Obama moved into the White House, however, conservatives suddenly decided that it was their fundamental right as an American to waste their money on expensive and outdated bulbs. Accordingly, Texas lawmakers passed a bill claiming that many Texas light bulb manufacturers can simply ignore this law, and Perry signed that bill into law last June.

The idea that states can invalidate federal laws that they don’t like — an idea known as nullification — is wildly unconstitutional. The U.S. Constitution expressly states that Acts of Congress “shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding,” thus expressly establishing that states do not have a veto power over federal laws. As James Madison wrote in 1830, allowing states to simply ignore the laws they don’t want to follow would “speedily put an end to the Union itself.”

Nevertheless, this constitutionally indefensible idea has seen somewhat of a resurgence among the American far right since the publication of a 2010 book by right-wing pseudo-historian Thomas Woods. Before writing this book, Woods published an article declaring the Confederacy to be “Christendom’s Last Stand,” where he endorses the view that the Civil War was a battle between “atheists, socialists, communists, red republicans, jacobins on the one side and the friends of order and regulated freedom on the other,” and he concludes that “[t]he real watershed from which we can trace many of the destructive trends that continue to ravage our civilization today, was the defeat of the Confederate States of America in 1865.” (Woods also writes delightfully unhinged rants whenever someone points out his pro-Confederate past. Hi, Tom. Can’t wait to see what you write this time!)

So Perry is in some pretty terrible company with his claim that Texas can thumb its nose at the law. Unfortunately, Perry’s embrace of nullification is just one more sign that he has canvassed American constitutional history to find the worst ideas from America’s past and systemically embraced all of them.

Update

It’s worth noting that Perry also signed a so-called “health care compact” which purports to let its signatory states opt out of the Affordable Care Act. Although such compacts are legal, they require the approval of Congress and can be vetoed by the President. Nevertheless, one of this compact’s leading supporters — the right-wing Texas think tank that owns the copyright to Perry’s bookfalsely argues that the compact Perry signed can bypass President Obama’s veto.

NEWS FLASH

Bank Began Making Max Dollar Donations To Eric Cantor One Month After His Wife Joined A Major Client’s Board | In April of 2010, Virginia Gov. Bob McDonnell (R) appointed Diana Cantor — the wife of House Majority Leader Eric Cantor (R-VA) — to the Virginia Retirement System’s board. She became chair of the board two months later. One month after Ms. Cantor joined this board, the Bank of New York Mellon started making the maximum allowable contribution to Rep. Cantor’s PAC. The Virginia Retirement System is a $4.5 million per year client of Bank of New York Mellon.

Justiceline: August 19, 2011

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

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