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Supreme Court Calendar Locks Citizens United In Place For Mitt Romney

The Supreme Court is presently considering whether to hear a Montana Supreme Court case holding that the Court’s election-buying decision in Citizens United does not prevent Montana from stemming the flow of corporate money into politics. Republican leaders and corporate interest groups like the Chamber of Commerce asked the justices to double down on Citizens United, while twenty-two additional states have asked the Court to close the floodgates unleashing unlimited money into state elections.

It is possible, if extremely unlikely, that the justices will use this opportunity to fix the error they committed in Citizens United. Even if one of the five conservatives responsible for the explosion of money in politics does reconsider his mistake, however, the Supreme Court’s calendar makes it all but certain that Citizens United will remain in effect until after the 2012 election:

The Supreme Court will consider the major sequel to its controversial ruling on campaign finance at the Justices’ private Conference on June 14, the Court’s electronic docket showed Tuesday. The case is American Tradition Partnership, et al., v. Bullock (11-1179). The Court will be considering a request to overturn, without briefing or argument, a Montana Supreme Court ruling that upheld a state law curbing the campaign spending of corporations in that state — a ruling that is said to conflict directly with the Justices’ 2010 ruling in Citizens United v. Federal Election Commission, allowing such spending.

If the Justices choose not to reverse that state decision summarily, they are likely to grant review and put the case over to the new Term starting October 1, with a decision likely after this year’s election. The state court ruling, in the meantime, is on hold, thus allowing corporations to spend freely in Montana in this year’s election cycle.

Republican interest groups plan to spend about $1 billion to buy Mitt Romney a new house at 1600 Pennsylvania Avenue between now and the end of this cycle.

It is, of course, possible that the justices will decide that removing the taint of corruption Citizens United imposes on American democracy is so urgent that they should hear the case during a special summer session, but this is a highly irregular procedure that only occurs when the justices believe it is unusually important that the case be decided quickly — such as when the Court’s five conservatives decided to shackle our democracy with Citizens United in the first place.

BREAKING: Ohio Governor Denies Clemency To Severely Mentally Ill Death Row Inmate

Abdul Awkal with his attorney David Singleton

On Monday, ThinkProgress reported on Abdul Awkal, a severely mentally ill man scheduled to be executed in Ohio next week. We were just informed by Awkal’s attorney David Singleton that Gov. John Kasich denied a petition asking him to commute, or at least delay, Awkal’s death sentence.

Awkal, who was diagnosed with Schizoaffective Disorder, believes that he advises the CIA on “Islamic religion and culture,” and he’s spent more than a decade writing letters to former CIA directors and to President Obama offering advice on the Wars in Iraq and Afghanistan. Although he was sentenced to die for a double murder, Awkal says that he is going to be killed because the “CIA wanted him dead.”. He has a long history of hallucinations and mental breakdowns and was once ruled mentally incompetent to stand trial.

Singleton tells ThinkProgress that he will ask Kasich to reconsider his decision, and that Awkal’s legal team will also seek relief in state and, if necessary, federal court. Awkal could have a strong case. The Supreme Court held in Panetti v. Quarterman that it is unconstitutional to execute a person who is unable to “‘comprehen[d] the reasons’” for his punishment” or who is “unaware of … why [he is] to suffer it.” If Awkal truly believes that he is being executed because the CIA wants him dead, rather than because he committed a serious crime, than he is constitutionally beyond the reach of Ohio’s death chamber.

Ultimately, however, the fact that Awkal’s attorneys need to prove exactly how insane he is in order to save his life highlights the absurdity of America’s rules for state-sponsored killings. The Supreme Court has already recognized that the Constitution forbids executions of juvenile offenders or the mentally retarded because diminished mental capacity makes it harder for an offender “to understand and process information, to learn from experience, to engage in logical reasoning, or to control impulses—that also make it less likely that they can process the information of the possibility of execution as a penalty and, as a result, control their conduct based upon that information.” The same logic also applies to a severely mentally ill man such as Abdul Awkal.

Security

Judge Rescinds Approval For Tennessee Mosque Construction Permit

Construction site at the Mufreesboro mosque

The congregants of a planned Murfreesboro, Tennessee, mosque must have felt a sense of relief last fall when they broke ground on an expansion of their house or worship without any incident. Leading up to the planned expansion, the congregation faced an arson attack and accusations by the mosque expansion’s legal challengers that the practice of Islam was “pure sedition.”

What’s worse, Tennessee officialdom and national political figurues had flirted with some of the bigoted arguments against the construction. Tennessee’s Lt. Gov. Ron Ramsey (R) suggested Islam might be “cult,” and the country sheriff brought in Islamophobic speakers on the topic. Then-GOP presidential candidate Herman Cain declared that “this isn’t an innocent mosque,” arguing with his usual befuddling logic that the construction was “an infringement and an abuse of our freedom of religion,” and that Americans “have a right” to deny other people the right to build places of worship.

But with the groundbreaking in September, the controversy seemed to have passed. Until yesterday, that is. That’s when further construction was thrown into question by a ruling from a local judge that the mosque’s building permits were not valid because notifications about a public hearing on the construction did not reach a wide enough audience. That, wrote the judge, Chancellor Robert Corlew, violated a state law requiring “adequate public notice.” He wrote in his ruling:

Without publication of the issues of business to be discussed at an otherwise routine meeting, citizens may be lulled into the mind set that only routine matters will be raised at a meeting, when suddenly a matter which is to them of earthshaking importance suddenly comes forth.

But county attorney Josh McCreary, who is defending the building permit, contended that the “earthshaking importance” of the building permit was only raised after the lawsuit against the permit. “In this instance, everything they are relying on to prove this is a matter of pervasive public importance came after the lawsuit was filed,” he said.

Opponents of the mosque have already declared victory. “Justice is served,” the lead plaintiff, Kevin Fisher, wrote to the AP in an e-mail. But it’s not clear that’s the case. The Council on American Islamic Relations (CAIR) already asked that, should new permits not be forthcoming, the Justice Department step in and “intervene in this case to support the religious rights of Tennessee Muslims.”

Furthermore, the Tennessean newspaper reported today that construction on the mosque expansion might not be ground to a halt by the judicial ruling. Noting that the judge did not order that construction stop, the Tennessean reported that the county that houses the mosque does not plan on revoking the permits:

Rutherford County has no immediate plans revoke the building permit for an embattled Murfreesboro mosque.

“The county is going to look at all the possibilities,” said Jim Cope, attorney for Rutherford County. “This could take weeks.”

NEWS FLASH

Pro-GOP Outside Groups Outspending Key Senate Democratic Candidates And Allies By Three-To-One Margin | In yet another sign that the Supreme Court’s controversial 5-4 Citizens United ruling has tilted the playing field toward secretive groups and billionaire businessmen, a new Bloomberg analysis reveals Sen. Sherod Brown (D-OH) and Senate candidate Tim Kaine (D-VA) are being massively outspent by right-wing Super PACs and 501(c)(4)s. Right-wing political groups like Karl Rove’s Crossroads GPS have spent at least $8 million against Brown, compared to just $2.5 million on television advertising spent by the Democratic incumbent and allied groups. In Virginia, the Chamber of Commerce and others have so far outspent former Gov. Kaine and his allies by a $1.9 million to $385,000 margin.

Florida GOP Chair Compares Disenfranchising Voters to Stopping Drunk Drivers

Yesterday, Florida GOP Chair Lenny Curry released a statement defending Gov. Rick Scott’s (R-FL) plan to purge tens of thousands of voters from Florida’s voter roles. The purge is based on an error riddled list of purportedly ineligible voters which includes hundreds of eligible U.S. citizens in just one county. According to Curry, purging voters is just like a DUI checkpoint:

This past Memorial Day weekend, law enforcement put up checkpoints to ensure drunk drivers did not threaten the safety of fellow motorists. Undoubtedly, many of the drivers who were met by police were, in fact, not driving drunk. However, we accept the notion that on such a heavily traveled holiday, a few moments of inconvenience to law-abiding drivers is worth it if we can ensure safe highways.

Similarly, officials in Florida are undertaking a methodical and reasonable effort to maintain the security of Florida’s voter rolls. While some who are citizens, and others who are not deceased, may be asked to simply participate in the verification process, thousands of these records do accurately reflect non-citizens and people who have died.

But, of course, police do not throw sober drivers in jail or take away their license. Curry’s metaphor would only make sense if Florida police randomly pulled over and jailed thousands of citizens, with little evidence they had been drinking, and then required them to show proof of their soberness before letting them out of jail. Officials in Florida are carrying out the purge by sending an ominous and legalistic letter to voters targeted as non-citizens that requires them to request “an administrative hearing to present evidence” in order to dispute the State of Florida’s determination or be removed from the voter rolls.

Moreover, the Florida voter purge disproportionately affects Hispanics and Democrats. Fifty-eight percent of the list of more than 2,600 potential non-citizens are Hispanic while Hispanics make up only 13% of Florida’s population, a fact that places Florida in likely violation of federal law. The Voting Rights Act not only forbids laws that are passed specifically to target minority voters, it also strikes down state voter procedures that have a greater impact on minority voters than on others.

–Alex Brown

NEWS FLASH

17,000 People Sign Petition Asking Birther-Curious Arizona Official To Investigate Whether Romney Is A Unicorn | Last week, Arizona Secretary of State Ken Bennett, the state’s top elections official, threatened to kick President Obama off the state’s ballot until Hawai’i once again reiterated that Obama was born in that state. In response to Bennett’s flirtation with birtherism, 17,000 people signed a petition asking him to also investigate whether presumptive Republican presidential nominee Mitt Romney is a unicorn. While it remains to be seen whether such an investigation will reveal that the former Massachusetts governor is indeed a fantastical horned beast similar in appearance to a horse, it’s not clear whether Romney would be permitted to run for president if he is indeed a unicorn. The Romney campaign is likely to rely on the candidate’s past statements about corporations, and claim that “unicorns are people, my friend.”

Romney Touts Constitutional Amendment Disqualifying Eisenhower, Roosevelt and McCain From Being President

Too inexperienced to be president

At a campaign rally in Las Vegas yesterday, Republican presidential candidate Mitt Romney touted the idea of making anyone who does not have a business background as ineligible for the White House as if they had been born in Kenya:

“I was speaking with one of these business owners who owns a couple of restaurants in town,” Romney said. “And he said ‘You know I’d like to change the Constitution, I’m not sure I can do it,’ he said. ‘I’d like to have a provision in the Constitution that in addition to the age of the president and the citizenship of the president and the birthplace of the president being set by the Constitution, I’d like it also to say that the president has to spend at least three years working in business before he could become president of the United States.‘”

Romney continued: “You see then he or she would understand that the policies they’re putting in place have to encourage small business, make it easier for business to grow.

Watch it:

Romney’s amendment would come as quite a shock to the last person to earn the Republican Party’s presidential nomination. Sen. John McCain (R-AZ) graduated from the Naval Academy in 1958 and served more than two decades in the United States Navy, including more than five years as an prisoner of war. After retiring from the Navy at the rank of captain, McCain turned to politics and was elected to the House in 1983 and to the Senate in 1987. Because McCain devoted his life to serving his country, rather than to working in business, the Romney amendment would disqualify him from the White House.

President Dwight D. Eisenhower would likely suffer a similar fate. Like McCain, Eisenhower was a career officer before entering politics, graduating from West Point in 1915 and eventually commanding the Allied victory over Nazi Germany. It’s not clear whether Romney’s amendment would count the time Eisenhower spent as President of Columbia University as “working in business,” and Eisenhower did work two years supervising the night shift at a creamery before entering college. Unless Romney would allow Eisenhower to count his time in academia as business experience, however, Eisenhower lacked the three years required to become president under the Romney amendment. Saving human civilization from Adolf Hitler is not a sufficient qualification.
Read more

NEWS FLASH

$1 Billion | That’s how much anti-Obama Super PACs and other outside groups plan to spend to try to place Mitt Romney in the White House this November. That includes about $400 million from organizations connected to the billionaire energy and chemical barons Charles and David Koch. If elected, Romney promised to appoint justices who could permanently entrench corporations and wealthy individuals’ power to engage in similar attempts at election buying. All four of the justices Romney named as his models for future appointments voted with the majority in the election-buying decision Citizens United.

In Florida, Scott Administration Vows To Accelerate Voter Purge: ‘There Will Be More Names’

The massive voter purge order by Governor Rick Scott in Florida has been plagued with errors, resulting in election officials notifying hundreds of eligible U.S. citizens that they are ineligible to vote.

In response, the Scott administration has vowed to intensify its efforts to remove registered voters from the rolls.

Initially, the state created a list of over 180,000 purported “non-citizens” by comparing their list of registered voters to the state motor vehicle database. The state forwarded about 2700 names from that list to local officials to remove from the rolls. Yesterday, in the face of mounting problems with the limited effort, Scott administration officials made it clear they were just getting started:

Chris Cate, a spokesman for the state Division of Elections, defended the state’s actions. “It’s very important we make sure ineligible voters can’t cast a ballot,” he said in an email to the Herald on Tuesday.

He said the state continues to identify ineligible voters, saying the state Division of Highway Safety and Motor Vehicles has agreed to update information using a federal database that the elections division couldn’t access directly.

“We won’t be sending any new names to supervisors until the information we have is updated, because we always want to make sure we are using the best information available,” Cate wrote. “I don’t have a timetable on when the next list of names will be sent to supervisors, but there will be more names.”

It’s unclear how the new procedures alluded to by Cate will solve the systemic problems with the voter purge list. There have been several individuals targeted by the list that have been citizens their entire lives. Therefore, there seems to be a major problems beyond outdated citizenship information.

Moreover, the entire process of database matching to remove voters is problematic. The Fair Elections Legal Network, which is challenging the purge, noted that database matching is “notoriously unreliable” and “data entry errors, similar-sounding names, and changing information can all produce false matches.”

The first list was also created with information accessible to the state motor vehicle administration, which the former Secretary of State Kurt Browning considered so unreliable he refused to release. Browning resigned in February.

Justiceline: May 30, 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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