Tag: SCOTUS

28
Jun

Georgia Politics, Campaigns, and Elections for June 28, 2012

“25422” is a black lab mix who will be available for adoption beginning Monday, July 2d from the Gwinnett County Animal Shelter. He is a medium-sized, friendly boy.

His odds aren’t very good, as it’s the time of year when shelters are full and euthanasia may be a daily occurrence. He also suffers from “black dog syndrome,” which means that black-coated dogs are often passed over for adoption and end up euthanized.

Not everyone can adopt or foster a dog, but many of us can donate money, time, or dog items to the rescues that work every day to save dogs from public animal shelters.

Georgia Politics, Campaigns, and Elections

Because I have psychic abilities when it comes to Georgia politics, I can tell you that the biggest political news of today will come sometime after 10 AM and will originate in Washington, DC.

The Supreme Court is widely expected to release its opinion or opinions in the Obamacare case today. Starting around 10 AM, I’ll be hanging out at the SCOTUSblog live blog to get the news as soon as it’s available.

In anticipation of the decision, the SCOTUSblog main site has a plain English summary of the issues in the case. The Wall Street Journal has a good discussion of what’s at stake in the case.

If you have some free time this morning and want to await the decision with others, the Atlanta Tea Party will hold a “Countdown to Obamacare Decision” at the State Capitol on the Washington Street side on Thursday, June 28th from 9:30 AM to Noon. Tea party supporters are asked to join and bring signs, but signs must not have wooden or wire stakes.

Governor Deal will hold a press conference at 2 PM on Thursday to address the Supreme Court’s ruling.

In the wake of the Supreme Court ruling on Arizona’s immigration reform law, the Eleventh Circuit Court of Appeals is asking parties in the lawsuit over Georgia’s House Bill 87 to submit briefs discussing the effect of the ruling on the Georgia case.

Yesterday, the United States Department of Justice made good on its threat to sue the State of Georgia and Secretary of State Brian Kemp, challenging the state’s compliance with the  Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), which requires that ballots for elections to federal office be sent 45 days in advance of the election. Thomas E. Perez, Assistant Attorney General for the Civil Rights Division said:

“Our uniformed service members and overseas citizens deserve a full opportunity to participate in all elections of our nation’s leaders including runoff elections for federal office in states where they are held. This suit seeks relief to ensure that Georgia’s military and overseas voters, many of whom are members of our armed forces and their families serving our country around the world, will be provided the opportunity guaranteed by UOCAVA to receive, mark and return their ballots in the upcoming primary runoff election, as well as all future federal runoff elections.”

Republican State Rep. Mark Hamilton finds the DOJ’s timing suspect.

In the fall of 2010, more than 1,900 Georgia voters serving in the military or living overseas sought applications for absentee ballots in electronic format for the first time.

Georgia’s military and overseas voters were able to access their absentee ballot electronically 45 days prior to election day. To access their ballot, these voters logged on to a secure website, printed and cast their ballot, and then mailed them back to their county election office. This saved weeks of time previously lost to delivery of blank ballots by mail. The system that delivered these blank ballots was developed in-house within the Georgia secretary of state’s office at no additional cost to Georgia’s taxpayers.

Georgia was one of the first states in the nation to be in full compliance with the federal Military and Overseas Voter Empowerment Act through passage of Georgia House Bill 1073, signed into law in 2010 by then-Gov. Sonny Perdue.

However, it now appears that a politically motivated U.S. Department of Justice is willing to put this system into question just one month before our state’s primary election.

I cannot believe that this is an earnest attempt to expand voting opportunities for our men and women in uniform. Georgia has an incredible track record on this issue, and even issues write-in runoff ballots with all absentee ballots to ensure that every Georgia citizen has the opportunity to vote in every election in which they choose to vote.

In fact, this system was developed with the Department of Justice in 2005 and has served our state well since then. Can anyone imagine developing a plan with a third party only to have them sue you over it years later? That’s exactly what the Department of Justice is doing with this lawsuit. It doesn’t inspire a whole lot of trust and confidence in our federal government, does it?

I am shocked by the suggestion that the United State Department of Justice would make politically-motivated decisions. Shocked.

Greg Davis is also shocked at anyone questioning Attorney General Eric Holder’s devotion to following upholding the law whether he want to or not.

I just had to find out why U.S. Attorney General Eric Holder would want to deny our soldiers and other overseas voters the right to vote.

In the first place, this is not Georgia’s first run-in with the Uniformed and Overseas Citizens Absentee Voting Act. In 2004, the U.S. government successfully challenged Georgia’s failure to provide adequate time for voters overseas to participate in runoff elections. Obama cannot be blamed for that one.

Let’s fast-forward to this year. Federal law says that all absent uniformed services and overseas voters are to have ballots 45 days before the day of the election. When Rep. Hamilton claims that Georgia follows the law, this is only partially true. For runoff elections, only 14 days would be possible. If one reads his column closely, Rep. Hamilton does not dispute this. Instead, he blames the Justice Department for not bringing up the subject earlier.

Click Here

Yet again, Senate Majority Leader Chip Rogers has drawn the ire of the University System of Georgia with his political signs that depict the UGA and Georgia Tech mascots.

Georgia Board of Regents Vice Chancellor for External Affairs Tom Daniel confirmed to the Ledger-News Friday that he has asked Senate Majority Leader Chip Rogers’ alma mater, Georgia Tech, as well as the University of Georgia, to pen letters to Rogers asking him to quit using those schools’ patented sports team logos on campaign signs. All university system patented logos are the property of the Board of
Regents.

Rogers’ campaign spokesman Robert Trim said the senator would not have any more signs printed with the logos.

Trim said the signs with the logos were printed for a special event a few years ago, and the only ones in circulation are ones people took home with them.

“We distributed (those signs) over two years ago, and we are honored support for Sen. Rogers is consistent and long-lasting,” Trim said.  “We think the recycling of signs from former events represents conservative values.”

I note that Trim didn’t say anything about taking the questioned images down from the Dawgs for Chip Rogers or Jackets for Chip Rogers facebook pages.

Here’s a new link to a different story reporting on the trademark issue.

Speaking of yardsigns, CBS Atlanta asked the tough questions of judicial candidates in Gwinnett County about why some of their signs were in rights-of-way along roads. As we all know, the Georgia DOT doesn’t like political signs in their rights-of way.

Seriously, CBS Atlanta, you were in Gwinnett County, where a sitting County Commissioner recently pled guilty to federal bribery charges, where another former Commissioner is under indictment for allegedly taking a million dollars in cash for zoning decisions, and everyone is wondering which current or former Commissioner will be indicted next, and this is the best you could come up with?

The American Civil Liberties Union will represent the Ku Klux Klan as it seeks to adopt a highway.

The Klan was recently denied the chance to clean up part of Route 515 in Union City.  Seagroves says that the decision to exclude the group from  a purely voluntary program appears to be based on a the viewpoint of group members, which she says is a clear violation of the first amendment.

“Any decision about participating in a public program has to be content neutral, and when our department of transportation decided to close the program to a group because its views and opinions were offensive to some, we consider that a violation of the first amendment.”

Speaking of the Klan, yesterday I inadvertantly wrote that Roger Garrison, under fire for pictures showing him in a KKK robe and mask 25-30 years ago, is Sheriff of Forsyth County. That was a mistake. Garrison is Sheriff of Cherokee County.

Muscogee County Superior Court’s Chief Judge John Allen is stepping down as Chairman of the Judicial Qualifications Commission, but will remain on the Commission as a member.

“Judge Allen leaves an indelible mark on the judiciary, which he has served so honorably,” said Jeff Davis, the commission’s director. “Judge Allen has led the commission through a flurry of increased activity over the last few years, steadfastly ensuring that those who aspire to be judges respect and honor the judicial office as a public trust.”

Allen will take office as President of the Rotary Club of Columbus.

Georgia Public Broadcasting brings us the surprising news that a Democrat Wright McLeod is the front-runner in the Republican Primary for the Twelfth Congressional District. The Augusta Chronicle brings us the not-so-surprising news that the Federal Elections Commission is seeking records from McLeod’s campaign.

The Federal Election Commission is asking 12th Congressional District Republican candidate Wright McLeod to provide additional information about his campaign spending or face an audit or penalty.

In a June 18 letter to McLeod campaign treasurer Cameron Nixon, FEC Senior Campaign Finance Analyst Robin Kelly says McLeod’s April quarterly report did not state the purpose for several disbursements of campaign funds, including those characterized only as “payroll.”

“It’s time that Wright McLeod finally tells the truth by admitting he made major mistakes, including stealing our campaign’s donor list,” Paradise said Tuesday. “The FEC has confirmed what we’ve believed for some time – Wright McLeod is in clear violation of the law.”

McLeod campaign spokeswoman Holly Croft called the letter, which has a response due date of July 23, “a routine administrative request” and pointed to similar FEC requests for additional information made earlier this year to Allen and another Republican candidate, state Rep. Lee Anderson.

Both letters, posted on the FEC.gov Web site, cite the candidates’ failures to include more specific information about some donors’ employers besides “requested” or “self.”

Asked whether the letter verified Paradise’s complaint, which McLeod officials have dismissed as a frivolous “hatchet job,” Croft said “there could be some overlap” between Allen’s complaint and the FEC letter.

The dispute between Georgia Southern and a media company owned at least partially by Senator Cecil Staton is in the news again, just in time to gratuitously attempt to extort embarrass Staton by using his political position as a weapon in a business dispute.

All the correspondence from Georgia Eagle Media to Georgia Southern about this dispute has come from Staton.

Georgia Eagle’s statement calls the disagreement a “contract dispute” with Georgia Southern Athletics “not connected personally or individually with Cecil Staton.”

The company added, “Were it not the case that Mr. Staton is state senator and in a contested primary election in five weeks, we are confident this legal dispute between two business entities would not warrant the attention of Georgia Eagle Media, Inc’s media competitors.”

That last phrase refers to Georgia Eagle Media’s television and radio operation, WRWR, in Warner Robins.

Staton has previously released extensive documentation of the dispute that appear to raise legitimate issues about the amount of money owed. Also, Staton’s company attempted to make a partial payment of money that was not disputed, but the University refused.

Sock puppets appear to be making their first appearance in Middle Georgia, as a Staton supporter named Brian Zorotovich is accused of sending emails trashing Staton’s opponent from an email account bearing the name Beth Merkelson Mal Reynolds.

“Zorotovich has attempted to distort the facts of all the circumstances involving these financial challenges,” said Price.”His actions, rather than speaking negatively of my character, actually speak negatively of his own.”

For his part, Staton told the Reporter on Monday that he had no clue who Beth Merkelson Zorotovich is. He said he tries to avoid “that stuff” as much as he can. “It just raises the blood pressure,” said Staton. “I don’t have time for childishness,” said Staton. “I am the senator and I will continue to do that job. I think that’s about all they (Price) have. They haven’t been able to do anything else. They haven’t raised any money. We’re just doing we’re supposed to do.”

Grovetown City Council member Sonny McDowell was indicted in an Alabama federal court for bribery.

“Sonny” McDowell, who was arraigned June 15, is accused of offering a kickback to a former employee of the Alabama Department of Public Safety in 2007.

McDowell and James E. Potts, of Montgomery, Ala., face a four-count indictment alleging bribery related to a program receiving federal funds, according to a statement from the U.S. District Attorney’s Office of the Middle District of Alabama.

Part of Potts’ job in July 2007 involved helping the Alabama Department of Human Resources solicit bids for an electronic fingerprint system. McDowell is owner of Southern Detention Technologies Inc., which sells fingerprint machines.

The indictment accuses McDowell of offering and Potts of accepting a $1,700 check and $1 for every fingerprint scan run related to the DHR, according to the statement.

25
Jun

Governor Nathan Deal reacts to US Supreme Court actions

From the press release:

Gov. Nathan Deal today claimed victory on behalf of the state of Georgia upon hearing the U.S. Supreme Court’s decisions on the tri-state water case and on Arizona’s immigration law.

“By denying a hearing of the decision of the Eleventh Circuit Court of Appeals in the tri-state water case, the nation’s highest court has affirmed that drinking water was always an authorized use of Lake Lanier,” Deal said. “We felt confident in the firm grounding of the Eleventh Circuit ruling. We can now move forward with this issue behind us, have the governors work together and come to a long-term agreement that will provide for the water needs of all three states.

“We’ll have to wait to see how the ruling on the Arizona immigration law will affect our state’s enforcement reforms because Georgia’s law is not identical to Arizona’s. That said, it appears the court has upheld the major thrust of our state’s statute: That states have the right to assist in enforcing federal immigration law.”

25
Jun

Here’s the Supreme Court’s opinion in the Arizona Immigration case and a comment by Attorney General Sam Olens

Click here to open or download the .pdf file of the Arizona v. United State opinion.

Statement by Attorney General Sam Olens on Supreme Court Actions 

Today, the Supreme Court of the United States issued a ruling partially upholding Arizona’s immigration law.

“My office participated in an amicus brief filed by 16 states in support of Arizona’s right to partner with the federal government in enforcing immigration law,” said Olens.  “I am pleased that the Supreme Court recognizes that states have an important role to play in upholding the law.  I look forward to further proceedings in the Eleventh Circuit regarding Georgia’s immigration reform law in the light of this decision.”