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Democrats Successfully Kill Voter ID Legislation In New Mexico | A bill that would require all New Mexico voters to present certain forms of photo identification or be barred from voting died in committee today. The legislation was voted down along party lines — three Democrats opposed, two Republicans supported — in the House Consumer and Public Affairs Committee. Though this was the fourth time in as many years that voter ID failed to pass in New Mexico, the bill’s main sponsor, Rep. Dianne Hamilton (R) pledged to re-introduce it again in 2013 if re-elected. According to Project Vote, “Hamilton claims that she does ‘believe with all my heart there’s a great deal of voter fraud,’ but state officials say there is no evidence of a problem.”

Appeals Court Rejects Tea Party Leader Dick Armey’s Attempt To Reject Medicare

In what may be the most bizarre lawsuit to emerge from a Tea Party devoted to bizarre legal theories, former House Majority Leader Dick Armey sued the federal government seeking a declaration that he is not eligible for Medicare, even though he is, well, eligible for Medicare. Yesterday, in an opinion by conservative George W. Bush appointee Judge Brett Kavanaugh rejected this claim:

This is not your typical lawsuit against the Government. Plaintiffs here have sued because they don’t want government benefits. They seek to disclaim their legal entitlement to Medicare Part A benefits for hospitalization costs. Plaintiffs want to disclaim their legal entitlement to Medicare Part A benefits because their private insurers limit coverage for patients who are entitled to Medicare Part A benefits. And plaintiffs would prefer to receive coverage from their private insurers rather than from the Government.

Plaintiffs’ lawsuit faces an insurmountable problem: Citizens who receive Social Security benefits and are 65 or older are automatically entitled under federal law to Medicare Part A benefits. To be sure, no one has to take the Medicare Part A benefits. But the benefits are available if you want them. There is no statutory avenue for those who are 65 or older and receiving Social Security benefits to disclaim their legal entitlement to Medicare Part A benefits.

To be fair to Armey, there is apparently some significance to his desire to not simply refuse Medicare benefits, but also be declared ineligible for them — private insurers do not provide certain benefits to people who are Medicare eligible. Nevertheless, it is truly strange that Armey would seek this declaration. Why would someone decide to pay for inferior private insurance when they have the option of enrolling in Medicare for free, especially when Medicare is in many ways superior to private insurance?

NEWS FLASH

Arizona Supreme Court Upholds Bar On Spanish-Speaking Candidate | Arizona’s Supreme Court has upheld a lower court’s decision that prevents a Latina woman from running for office because she does not speak English proficiently, Fox News reports. State law requires elected officials to speak English but does not define “proficiency,” argued attorneys for Alejandra Cabrera, who had filed to run for San Luis, Arizona’s city council. While Cabrera admits that she speaks “little English,” 98.7 percent of San Luis’ population is of Hispanic origin. “My English is fine for San Luis,” she said in January. Cabrera’s attorney is exploring ways to appeal her case to the United States Supreme Court.

LGBT

Santorum Compares 9th Circuit To Soviet Union, Says Court Is ‘Intolerant’ For Striking Down Proposition 8

During a town hall in McKinney, Texas on Wednesday afternoon, Rick Santorum lashed out at the 9th Circuit Court of Appeals for striking down Proposition 8, arguing that the judges displaced “intolerance” towards conservatives and labeled proponents of “traditional” marriage as “bigots” when they found the measure unconstitutional. Yesterday’s decision affirmed a lower court ruling and concluded that “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.”

But Santorum, who did not raise the issue until the very end of the event, argued that the judges had offended religious people. “Where is the tolerance of someone having a belief structure that is based in nature, that is based in reason, that is based in faith,” Santorum asked. “The intolerance of the left, the intolerance of the secular ideology, it is a religion on to itself, it is just not a biblical based religion. And it is the most intolerant — just like we say from the days of the atheists in the Soviet Union.” Watch it:

NEWS FLASH

Mississippi Legislator Proposes Renaming Gulf Of Mexico As ‘Gulf Of America’ | Mississippi state Rep. Steve Holland (D) has introduced a bill that in Mississippi, would rename the Gulf of Mexico as the “Gulf of America.” According to HB 150, “For all official purposes within the State of Mississippi, the body of water that is located directly south of Hancock, Harrison and Jackson Counties shall be known as the ‘Gulf of America.’” The Mississippi House’s Marine Resources Committee will hold a hearing on the bill, and if it is approved by the legislature, Mississippi would begin recognizing the Gulf of Mexico as the “Gulf of America” on July 1.

Santorum Invents New Front In Fake War On Religion: Obama Wants Female Catholic Priests

For weeks, Republicans have pretended that President Obama is waging some kind of war on religion because his administration recently approved regulations requiring insurers to cover contraceptive care — spurred on in large part because the conservative U.S. Conference of Catholic Bishops opposes the contraceptive care regulations. Their claim is utterly absurd. The new rules exempt churches from the requirement to offer insurance that covers contraception. And they align closely with the beliefs of actual Catholics, 58 percent of whom believe that employers should be required to provide insurance that cover contraception.

On Fox News this morning, GOP presidential candidate Rick Santorum doubled down on this bizarre claim that Obama is going after religion — falsely claiming that the president wants to tell Catholics who they can hire as priests:

What they’ve done here is a direct assault on the First Amendment, not only a direct assault on the freedom of religion, by forcing people specifically to do things that are against their religious teachings. . . . This is a president who, just recently, in this Hosanna-Tabor case was basically making the argument that Catholics had to, you know, maybe even had to go so far as to hire women priests to comply with employment discrimination issues. This is a very hostile president to people of faith. He’s a hostile president, not just to people of faith, but to all freedoms.

Watch it:

It’s not clear exactly which First Amendment Santorum is talking about here, because he clearly isn’t talking about the First Amendment to the United States Constitution. As conservative (and Catholic) Justice Antonin Scalia explained in a Supreme Court opinion more than twenty years ago, a law does not suddenly become unconstitutional because someone raises a religious objective to it — if this actually were true, anyone at all could immunize themselves from paying taxes or from any other law simply by claiming they have a religious objection to being a law-abiding citizen.

Moreover, Santorum’s claim that the Obama Administration wants to force Catholics to hire female priests (something which, incidentally, 53 percent of Catholics support) is the opposite of true. The Obama Administration’s brief in the case Santorum cites expressly stated that it would be unconstitutional to tell the Catholic church to do so, a fact that Santorum would have been aware of if he had actually bothered to read the Supreme Court’s opinion in Hosanna-Tabor. That opinion explains that the administration “grant[s] . . . that it would violate the First Amendment for courts to apply [anti-discrimination] laws to compel the ordination of women by the Catholic Church or by an Orthodox Jewish seminary.”

Ultimately, however, Santorum’s objection to the president doesn’t come down to some paranoid debate over whether President Obama is hostile to “all freedoms,” but a very important debate over what the word freedom actually means. President Obama does believe that women’s access to contraceptive care is fundamentally important to ensuring their freedom to participate in society and the in the workforce. Santorum, on the other hand, harshly criticized the Supreme Court’s longstanding decision saying that woman have a constitutional right to use birth control at all. Given that Santorum’s long history of radicalism on women’s health and the Constitution, it’s no surprise that he couldn’t be bothered to check basic facts before mouthing off about what the Obama Administration does and does not believe.

NEWS FLASH

Justice Sotomayor Appears on Sesame Street | Justice Sonia Sotomayor recently appeared on Sesame Street, where she decided the trespassing dispute of Baby Bear v. Goldilocks:

Sotomayor’s decision, which was reasonably lenient towards Goldilocks, will no doubt spur conservative legal activists into a frenzy about her activist decision that proves Sotomayor’s total disregard for property rights.

U.S.-Born Children Denied Food Stamps Under Alabama Immigration Law

Because a portion of Alabama’s harmful immigration law makes it a felony for undocumented immigrants to enter into a “business transaction” with the state, some public utility companies have interpreted this measure so broadly that they have prevented undocumented immigrants from receiving water or power at their homes. And a library has even required people show proof of citizenship before they can sign up for a library card because of the “business transactions” provision.

Now U.S.-born children with undocumented immigrant parents even have been denied food stamps because of this portion of the anti-immigrant law. The Southern Poverty Law Center (SPLC) reports that five people have called the group’s hotline to report that they were denied food stamps under the law because of their immigration status even though the benefits are for their American citizen children. SPLC President Richard Cohen said the civil rights group is considering suing the state over the denial of food stamps because of the “business transactions” portion in HB 56. Barry Spear, a spokesman for Alabama’s Department of Human Services, told Yahoo News that demanding proof of citizenship from the guardians of Americans who need food stamps is not the agency’s policy. “We are unaware of any violations of the policy,” Spear said.

But last month, Kansas changed its food aid program to deny benefits to children who are citizens if their parents are undocumented, removing more than 1,000 mixed families. “This policy not only hurts these families, it hurts us, too, especially because we’re talking about U.S. citizen children,” said Elena Morales, who works at El Center, an anti-poverty agency in Kansas City.

In the U.S., roughly 4.5 million American citizens under 18 years old have at least one undocumented parent, according to the Pew Hispanic Center. So while undocumented immigrants cannot access most welfare programs, their children are still able to access the programs as citizens. Policies like the one in Kansas and the interpretation of Alabama’s immigration law only serves to harm these American citizens who, through no fault of their own, happen to have undocumented parents.

Justiceline: February 8, 2012

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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