SCOTUS could give Trump his delay, decide his two big cases, and not do anything major. Yet.

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Friday December 22, 2023 · 8:59 AM PST

2023/12/22 · 08:59

FILE - The Supreme Court is seen at sundown in Washington, on Nov. 6, 2020. (AP Photo/J. Scott Applewhite, File) — What are the votes that will count in November 2024?

This is an entirely speculative look at the two big cases looming before SCOTUS — Colorado’s Supreme Court decision keeping him off the state’s ballots. (Trump has yet to file his appeal.) And the core issue he raises in the DC trial, that he has blanket immunity for his acts as President and their aftermath.

SCOTUS could do its job, even “decide” some important things ... and yet sidestep — OK, outright duck for now — the biggest questions these cases raise.

Reminder: all that follows is fanciful speculation. For now.

The Colorado case. Section 3 of the 14th Amendment, wordy as it is, would seem to leave little room for argument:

Section 3 Disqualification from Holding Office

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The Colorado court handled the history of the provision employing an “originalist” approach favored intermittently by some of SCOTUS’s most conservative members. Is the President one of the officers subject to the section? Almost assuredly, the matter being beyond all but maybe a single day of discussion in a One-L class on Constitutional law. Is the other Sec. 3 language ambiguous? Not very.

So what could SCOTUS do to accept the 14th Amendment as written but not tarnish it? It could decide that as yet, we don’t know whether Trump meets the disqualifying standard: that he “engaged in insurrection or rebellion against [the United States], or given aid or comfort to the enemies thereof.” These, plus treason, are the most serious charges to levied against any official. The CO court had nothing before it resembling a trial on “insurrection” on the merits. Until a court has so ruled after full due process has been provided, Sec. 3 cannot be fairly applied. It would be a very grave decision for the judiciary to take any candidate, particularly a Presidential candidate and the apparent front runner of one of the two major political parties, off the ballot. And deprive the voters, etc., etc.

The Issue of Presidential Immunity. One way SCOTUS could handle this is to give it the weighty consideration that such Big Constitutional Questions deserve and follow normal judicial processes (maybe with some harrumphing about moving right along) of going first to the DC Court of Appeals and then to SCOTUS.

The time periods consumed by briefing, arguments, time for a decision and opinions to be written, motions for an en banc decision by the full panel of appellate judges, then briefing, argument and decision time by SCOTUS — these are measured in a year maybe more, not just a few months. (The DC appellate court has already set deadlines; briefs are due by early January but no date for argument is set yet.)

Even if the appeals were expedited, trial Judge Chutkan has stayed the trial. That stay would likely pertain with little if any meaningful activity throughout all the appeals. Yet Trump could continue to campaign on the unfairness of all those harassing charges and say virtually nothing about the merits of the cases.

But … so explicitly giving Trump the delay he so dearly wants would be seen as a blatant political decision for the Roberts Court, already in plenty of political heat. So there’s a less obvious way to handle it. SCOTUS could decide the major issue but reserve its application until the felony trial is complete and appeals of it are pending. How?

The big question is how broad Presidential immunity should be. Many scholars think SCOTUS will not grant the complete, wholesale immunity Donald Trump argues for. The Chief Executive is entitled to great deference but kingly-level immunity — without treating the activities, conduct and issues at stake at some point during or after the presidency — that’s a step far too far. And it is unnecessary to decide now.

SCOTUS could step up to this case, still allowing for considerable briefing and argument but expediting it, even jumping cases already on its calendar. It could hold that blanket immunity for acts while President is fundamentally incompatible with the powers of an executive responsible under law. So it could also be claimed, is immunity after the presidency ends for conduct that is of the same nature. In individual opinions, the justices could spin this so many ways it would be hard to cite any determinative rationale, but the outcome would be clear and it would leave Trump vulnerable. Still, the conduct he is accused of is very serious and the evidence to support it deserves full vetting at trial of facts with full opportunities to defend. The Court could appropriately withhold any definite statement of what is and what is not subject to immunity until specific conduct is before it in this case.

Even so, time will have been consumed and the trial so delayed as to likely overlap the Republican convention in July and some of the final months of campaigning, whatever the outcome.

We can think about these possibilities, disagree and not like the results. Donald John Trump has already exploited the processes we liberals have established to assure due process and fair trials. It’s awful for the country that after all this, Republicans cannot settle on a better candidate. But Trump has a large following of credulous believers. Voter decisions next November will surely deliver better final answers that judicial declarations will … and we have a President willing to accept the results.

In the meantime, the work of Democrats of all persuasions is clear and urgent.

Top Obama Lawyers Join To Dig Into Rump's Abuse of Power

CathyM

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Thursday February 23, 2017 · 9:11 AM PST

2017/02/23 · 09:11

TOPSHOT - Republican presidential candidate Donald Trump gestures during a campaign rally in North Charleston, South Carolina, February 19, 2016. / AFP / JIM WATSON (Photo credit should read JIM WATSON/AFP/Getty Images)

I”m really encouraged!! Finally a morning when I don’t have to fight nausea as I”m reading the morning news. This sounds like a tam that can really dig into the mess — I’m gonna support them, and I hope others will pass this around. (bolding mine). And can someone either Rec this up or create a post that will get onto the Rec list? (Not for me — I really, really think we need to tell folks about this group! I haven’t seen them mentioned before).

http://www.politico.com/story/2017/02/obama-trump-lawyers-worst-case-235280

Obama lawyers form 'worst-case scenario' group to tackle Trump

Fearful the new administration will abuse its power, the former president’s lawyers are uniting to fight back.

Top lawyers who helped the Obama White House craft and hold to rules of conduct believe President Donald Trump and his staff will break ethics norms meant to guard against politicization of the government — and they’ve formed a new group to prepare, and fight.

United to Protect Democracy, which draws its name from a line in President Barack Obama’s farewell address that urged his supporters to pick up where he was leaving off, has already raised a $1.5 million operating budget, hired five staffers and has plans to double that in the coming months. They’ve incorporated as both a 501(c)(3) and 501(c)(4), allowing them to operate as a nonprofit but participate in some forms of political advocacy as well.

While other Trump opponents focus on taking the president to court over the travel ban and deportations, the new group plans to drill into issues that aren’t already hitting the headlines, like potential intervention in and intimidation of regulatory agencies by West Wing staff.

They started by submitting 50 Freedom of Information Act requests this week that they believe will confirm their suspicions. The plan is to bring what they find to reporters, build it into pressure for congressional oversight with the help of a campaign director they’ll hire, and, as necessary, to file lawsuits.

They’re also hoping to establish themselves as a base for government employees worried about ethics violations — up to and including becoming whistleblowers — and are hoping that their website, https://unitedtoprotectdemocracy.org/,can become a resource.

And here is their info from their website:

unitedtoprotectdemocracy.org

What is United to Protect Democracy?
United to Protect Democracy is a nonpartisan nonprofit with an urgent goal: to hold the President and the Executive Branch accountable to the laws and longstanding practices that have protected our democracy through both Democratic and Republican Administrations. We have seen an unprecedented tide of authoritarian-style politics sweep the country that is fundamentally at odds with the Bill of Rights, the constitutional limitations on the role of the President, and the laws and unwritten norms that prevent overreach and abuse of power. The only limits to prevent a slide away from our democratic traditions will be those that are imposed by the Courts, Congress, and the American people.

Who Are We?
United to Protect Democracy was conceived by a group of former White House and Administration lawyers and experienced constitutional litigators, all with a deep understanding of how the federal government works. As we were the ones tasked with implementing and enforcing the norms that have constrained presidential power for decades, we know what those guardrails are and when those in power may be tempted to violate them. As we defended past presidents against legitimate oversight and illegitimate attacks, we also know how to leverage tools outside government to prevent the exploitation of power within it. One thing that we know about those tools, however, is they require an engaged public—they require all of us to unite to make them effective.

What Will United to Protect Democracy Do?
We will monitor, investigate, report on, organize and litigate against any action taken by the Executive Branch that could erode the rules, practices and freedoms that underpin our ability as a self-governing people to hold our leaders accountable. In short, we will unite with Americans from all backgrounds to use every tool at our disposal to protect our democracy.

Garrett

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Sunday February 19, 2017 · 2:11 PM PST

2017/02/19 · 14:11

Harry Siegel, at the New York Daily News, has quite the story.

After the immigration executive order was issued, barking mad Trump adviser Stephen Miller called up U.S. Attorney Robert Capers at home, and told Capers how to defend the order in court.

In the chaotic hours after President Trump signed on a Friday afternoon the sloppily written executive order meant to fulfill his Muslim ban campaign promise, Stephen Miller called the home of Robert Capers to dictate to the U.S. Attorney for the Eastern District how he should defend that order at a Saturday emergency federal court hearing.

That’s according to a federal law enforcement official with knowledge of the call, which happened as Department of Justice attorneys cancelled plans, found babysitters and rushed back to their Brooklyn office to try and find out what exactly it was they were defending and who was being affected by it — how many people were already being held in America, how many were being barred from arriving here and the exact status of each person.

Y’know, the information a competent administration would have been prepared to collect before implementing the order.

The Eastern District declined to comment on any contact between Capers and Miller, the 31-year-old former Jeff Sessions aide and America First true believer with no legal background of his own, who a few months ago was warming up Trump’s campaign crowds and is now writing executive orders for the President to sign.

Stephen Miller called Brooklyn U.S. Attorney at home and told him how to defend travel ban in court, Harry Siegel, New York Daily News

Miller has been blamed for the chaos resulting from quickly putting out the order, without proper review, in the first place.

"Why did Stephen Miller fight so hard to put out this order on Friday without talking to any of the other agencies?" Scarborough asked Monday during MSNBC's "Morning Joe," referring to the president's immigration executive order.

"It was Stephen Miller sitting in the White House saying, 'We're not going to go to the other agencies. We're not going to talk to the lawyers. We're going to do this all alone,'" Scarborough continued.

"You've got a very young person in the White House on a power trip thinking that you can just write executive orders and tell all of your Cabinet agencies to go to hell."

Scarborough said Washington is in an "uproar" this morning because Miller decided "he was going to do this without going through the regular agency process."

Scarborough singles out Trump aide Stephen Miller for 'power trip', Rebecca Savransky, The Hill

Miller, who developed detailed knowledge of the nation's immigration laws while working on the staff of Sen. Jeff Sessions (R-Ala.), Trump’s nominee to be attorney general, spent much of Saturday making policy decisions based on a strict interpretation of the immigration order and instructing senior Homeland Security officials on how to implement the plan.

Trump’s orders for stopping travelers from seven countries, blocking Syrian refugees and banning all refugee admissions for 120 days were pushed through at breakneck pace instead of what is usually a careful process of review by the departments of Justice and Homeland Security and the intelligence agencies for major changes to immigration policy. Instead, Homeland Security officials were given little time to review the order before it was made public.

On one of the order’s most controversial and confusing parts, the status of permanent residents, Bannon and Miller at one point overruled an interpretation by Homeland Security officials in favor of a more limited policy that blocked green card holders until they apply for a waiver from the ban, the officials said.

Travel ban is the clearest sign yet of Trump advisors' intent to reshape the country, Brian Bennet, Los Angeles Times

News from the Resistance - Boycott and Twitter Watch List

Avila

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Friday February 10, 2017 · 5:35 PM PST

2017/02/10 · 17:35

no image description available — Saturday, February 17, 2017: National Strike and Boycott To Protest Trump's Unconsitutional EOs

On Feb 17, 2017, anti-Trump Americans are staging a one day strike to protest the actions of President Trump. You can help by boycotting US business.

Find us on Facebook @Strike4Democracy
Follow us on twitter @F17Strike

This is a grassroots movement is calling for a national general strike on Feburary 17th, 2017 in defense of our nation’s constitution. Participants pledge to be non-violent.

On the day of the strike, we will not go to work (unless absolutely necessary).

We will not go to school (unless necessary).

We will not spend any money (unless necessary).

Instead, we will show dissent with unconstitutional governance through gatherings and activities to be organized at the local/personal level. Some communities are planning a day of service. Instead of work, strikers will dedicate their time to serving neighbors in need. Find your people. Make your plan.

PLEASE HELP SPREAD THE WORD.

Demands of Strike:

1. No Ban, No Wall. The Muslim ban is immoral, the wall is expensive and ineffectual. We will build bridges, not walls.
2. Healthcare For All. Healthcare is a human right. Do not repeal the ACA. Improve it or enact Medicare for All.
3. No Pipelines. Rescind approval for DAPL and Keystone XL and adopt meaningful policies to protect our environment. It’s the only one we’ve got.
4. End the Global Gag Rule. We cannot put the medical care of millions of women around the globe at risk.
5. Disclose and Divest. Show us your taxes. Sell your company. Ethics rules exist for a reason and presidents should focus on the country, not their company.

Indian left-wing activists shout slogans during a rally in Kolkata on September 2, 2016, supporting the nationwide strike called by 10 major trade unions over wages and economic reforms..Millions of public sector workers went on strike across India protesting against Prime Minister Narendra Modi's plans for greater privatisation and a proposed minimum wage hike they say is inadequate.. / AFP / Dibyangshu SARKAR (Photo credit should read DIBYANGSHU SARKAR/AFP/Getty Images) — Activists in India protest during a nationwide strike in September 2016.

The 25 Must-Follow Twitter Accounts for The Anti-Trump Resistance For real news, smart reactions, and unexpected but necessary laughter

If you want to stay fully informed on the Trump administration’s latest machinations, which seem to occur, oh, about every 15 minutes, these are 25 people you need to be following right now.

Politics: Politicians of all stripes have been vocal in their criticisms of the president, from both the right and left.

1. Michigan Representative Justin Amash Facebook: @justinamash Twitter: @justinamash

@POTUS's constant fear mongering to undermine support for our constitutional system of checks and balances is irresponsible and dangerous.

2. California Attorney General Xavier Becerra Twitter: @xavierbecerra

I've filed an amicus brief in 9th Circuit Court of Appeals, along w/15 state AGs, to keep @realDonaldTrump's travel ban suspended! #NoBan

3. New Jersey Senator Cory Booker Facebook: @corybooker Twitter: @corybooker

The AG has a duty to the law. Trump firing Sally Yates for honoring her oath of office is shameful and wrong https://t.co/dqn8Qr7k6H
Ã¢ÂÂ Cory Booker (@CoryBooker) January 31, 2017

4. California Governor Jerry Brown Facebook: @jerrybrown Twitter: @JerryBrownGov

“We've got the scientists, we've got the universities, we have the national labs...and we will persevere.”

YouTube Video

5. California Senator Kamala Harris Facebook: @KamalaHarris Twitter: @KamalaHarris

If you’ve ever wondered what you would have done during the Civil Rights Movement, this is your opportunity to find out. #goodtrouble 7:06 PM - 3 Feb 2017

6. Washington Representative Pramila Jayapal Facebook: @pramila.jayapal Twitter: @RepJayapal

Today I'm introducing my first bill to Congress - to ensure that detained immigrants have access to lawyers - with Senator @KamalaHarris. pic.twitter.com/7oYDWaWb8Y
Ã¢ÂÂ Rep. Pramila Jayapal (@RepJayapal) February 9, 2017

7. California Representative Ted Lieu Facebook: @RepTedLieu Twitter: @RepTedLieu

“President Trump is now speculating that the media is covering up terrorist attacks.”

8. Former Presidential Candidate Evan McMullin

Facebook: @mcmulline Twitter: @Evan_McMullin

“Release your tax returns, @realDonaldTrump.”

9. California Secretary of State Alex Padilla Facebook: @alexpadilla4ca Twitter: @AlexPadilla4CA

“@RealDonaldTrump should investigate Russian interference in our elections, not fake claims of voter fraud intended to suppress voting rights.”

10. Nebraska Senator Ben Sasse Facebook: @SenatorSasse Twitter: @SenSasse

“So Putin can only make a request of @OReillyFactor. In Russia, he'd just consider taking him out.”

Kremlin wants apology from Fox News' O'Reilly over Putin comments https://t.co/6FUV55c9Z7 pic.twitter.com/rT3b44Ej7z
Ã¢ÂÂ Reuters Top News (@Reuters) February 6, 2017

Journalism Many pundits have been outspoken in their criticisms of this White House. Which is one of the duties of a free press. Whether the president likes it or not.

11. Max Boot (Foreign Policy) Twitter: @MaxBoot

The Grave Dangers and Deep Sadness of ‘America First: “Donald Trump’s vision for the U.S. role in the world runs counter to the best and brightest ideas of this proud country of immigrants.

12. David Corn (Mother Jones) Facebook: @davidcorndc Twitter: @DavidCornDC

CNN reporting on Trump-Russia memos confirms USG has intel showing Russians plotted against HRC and for Trump. https://t.co/xU0940zj75 pic.twitter.com/hEDwROTa1z
Ã¢ÂÂ David Corn (@DavidCornDC) February 10, 2017

13. Lauren Duca (Teen Vogue) Twitter: @laurenduca

Tfw your data bill is too high because of how much you use Twitter pic.twitter.com/gaZPbDFxUe
Ã¢ÂÂ Lauren Duca (@laurenduca) February 10, 2017

14. Mark Harris (Vulture) Twitter: @MarkHarrisNYC

What if you had immense power but your favorite thing was still watching TV and every time you turned it on you saw that people hated you?
Ã¢ÂÂ Mark Harris (@MarkHarrisNYC) February 6, 2017

15. Clara Jeffery (Mother Jones) Twitter: @ClaraJeffery

@ClaraJeffery pic.twitter.com/qUbIvTJXru
Ã¢ÂÂ Mile Hi Budz (@jamesvicktory) January 31, 2017

Entertainment These are just a few of the many, many, many, many, many entertainers who have taken issue with the current administration.

16. Samantha Bee (Full Frontal) Facebook: @fullfrontalsamb Twitter: @FullFrontalSamB

President Snowflake is feeling very unsafe in places where people are treated like people. #SamanthaBee pic.twitter.com/PilklOmKNQ
Ã¢ÂÂ Full Frontal (@FullFrontalSamB) February 9, 2017

17. Rob Fee (UnConventional) Facebook: @rob.fee Twitter: @robfee

This is truly a tragedy. pic.twitter.com/UH4vPBVxFd
Ã¢ÂÂ Rob Fee (@robfee) February 8, 2017

18. Kumail Nanjiani (Silicon Valley) Twitter: @kumailn

.@seanspicer Get this taken down before @realDonaldTrump sees it. pic.twitter.com/e59umK3uVz
Ã¢ÂÂ rob delaney (@robdelaney) February 8, 2017

19. Trevor Noah (The Daily Show) Twitter: @Trevornoah

@Trevornoah is my new fave person especially 'cause i'm in south africa&this video is great u all should watch it https://t.co/MdIjl3hCL8
Ã¢ÂÂ Jessica Sullivan (@jehessimica) February 1, 2017

20. Patton Oswalt (Actor, Writer, Standup) Twitter: @pattonoswalt

Oh Sean... pic.twitter.com/46aTCCaicg
Ã¢ÂÂ Patton Oswalt (@pattonoswalt) January 29, 2017

Activism Sometimes they write. Sometimes they are out in the streets. Sometimes they are rogue employees of the National Park Service.

21. Bad Hombre Badlands NPS Twitter: @BadHombreNPS

Careful- if he finds out about this it might end up with a logo on top of that waterfall. #GoldenShowersBringTrumpTowers https://t.co/5UMuVpW7hM
Ã¢ÂÂ BadHombreLands NPS (@BadHombreNPS) February 9, 2017

22. Shaun King
Facebook: @shaunking
Twitter: @ShaunKing

White supremacist Steve Bannon writes the Executive Orders as @realDonaldTrump tags along, not quite clear what they do or don't say. pic.twitter.com/tasieF5mnq
Ã¢ÂÂ Shaun King (@ShaunKing) February 6, 2017

23. DeRay Mckesson
Facebook: @dmckesson
Twitter: @deray

Betsy DeVos. pic.twitter.com/umPdswTkMD
Ã¢ÂÂ deray mckesson (@deray) February 3, 2017

24. Rafia Zakaria

Sharing the MOST hilarious comment @guardian on how to survive being blue in a red state if Trump loses. If you need a laugh here it is pic.twitter.com/dGzRpZkQVH
Ã¢ÂÂ Rafia Zakaria (@rafiazakaria) November 8, 2016

The Absurd

25. Half an Onion
Twitter: @HalfOnionInABag

What if this account that is simply half an onion in a Ziploc bag ended up with more followers than @realDonaldTrump? pic.twitter.com/D28lODPZLO
Ã¢ÂÂ Half An Onion (@HalfOnionInABag) January 20, 2017

WHAT YOU CAN DO

Click on this link. It will allow you to contact JoanMar and 2thanks and the rest of the Support the Dream Defenders gang. We want to hear from you. Join up or just send us your ideas. Cheers!

Thank you for reading. Thank you for Supporting the Dream Defenders. Together we can reclaim our Constitutional rights and send a message that will be heard around the world.

Arkansas legislature joins six other states in banning most accepted 2nd-trimester abortion method

Meteor Blades

Daily Kos Staff Emeritus

Thursday January 26, 2017 · 2:14 PM PST

2017/01/26 · 14:14

TAMPA, FL - AUGUST 29: Protesters stand together during a Planned Parenthood rally as the Republican National Convention continues on August 29, 2012 in Tampa, Florida. The Republican party delegates affirmed Mitt Romney as the party's nominee for president August 28. (Photo by Joe Raedle/Getty Images)

The Republican-dominated Arkansas Senate Thursday passed a bill banning the most common and most medically accepted method of performing abortions during the second trimester of pregnancy. The vote was 25-6. The House passed the bill 78-10 on Monday. It now goes on to the governor who will almost certainly sign it.

If he does, Arkansas will become the seventh state where a similar law has been passed. The courts have blocked implementation of such laws in four states, leaving it in effect in Louisiana and Mississippi. All told, 16 states have attempted to pass the bans. These have been a priority on the forced-birthers’ roster of anti-abortion legislation since the first ban passed in 2014.

Advocates call these “dismemberment bans.” But physicians have a less gruesome name for the widely used procedure—“dilation and evacuation.”

Most abortions—88 percent—are performed in the first trimester. But D&E is used in 96 percent of second-trimester abortions, according to the National Abortion Federation Abortion Training Textbook. The World Health Organization calls this the safest and simplest way to terminate a pregnancy after 12 weeks of gestation. The abortion provider dilates the woman’s cervix and inserts surgical instruments into her uterus to remove fetal and placental tissue.

As Laurel Raymond pointed out last year at ThinkProgress, the campaign to get these bans passed is gaining momentum. Forced-birthers have openly stated that these bans constitute the next “pro-life conquest.” The idea is to build up laws state by state in hopes of reaching a Supreme Court showdown. It doesn’t matter to the campaigners that some of these state laws are overturned long before cases ever make it to the Supreme Court. That’s because eventually they figure that contradictory opinions at the Circuit Court level will require the Supremes to step in.

Bill McKibben

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Monday December 19, 2016 · 6:17 PM PST

2016/12/19 · 18:17

Look, I’m lazy. I should do things like write posts here regularly, but I tend to let it slip. That’s why I was always grateful when Linda McClure, aka PatriotDaily, would round me up for one of her blogathons. She helped pioneer a new way to use the web when extraordinary things happened: the early days of the Keystone fight, for instance. It was a smart idea, helping highlight things in ways that single diaries couldn’t. I liked it because it brought so many voices to the table.

Speaking of voices, now Linda’s has been quieted for the moment. A bad diagnosis of advanced cancer has left her hoping for experimental treatment as a last resort; for that to happen she and her sister need a fund to support their basic expenses as they try to cope. It’s right here: www.youcaring.com/…

Communities take care of their own. Enough said.

A Lake for Lin: The Warrior Fights On

JoanMar for Support the Dream Defenders

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Friday December 09, 2016 · 7:49 PM PST

2016/12/09 · 19:49

I first thought Patriot Daily News Clearinghouse was a news outlet. Really, I did. And then for a long time after it became obvious that this was not a group of men with nicotine-stained nails, tired eyes, and coffee-flavored breath, I still thought the moniker belonged to a man. Credit my own internalized sexism, because like most people when I heard the powerful, knowledgeable, non-apologetic, take-no-prisoner voice, I immediately attributed it to the male of the human species. Shame on me.

Eventually I learned the truth of who and what was Patriot Daily News Clearinghouse: She is a woman and she is a force of nature.

Lin’s friends have written some beautiful diaries recounting her contributions to this site and to causes greater than herself. They have written about her support for new members and her dedication and indefatigable efforts to promote the causes important to her. As bfitzinAR reminds us, PDNC has “ started/helped start practically every caring community DK has from food aid to Kos Katalogue.” For those of us who came for the politics but stayed for the community, we owe Lin a debt of gratitude.

YouTube Video

Let me tell you a little of what I know about the woman who chose as her user ID Patriot Daily News Clearinghouse.

In response to the murder of Michael Brown in August 2014, members of the Support the Dream Defenders group wrote a law intended to give ordinary citizens the right to police the police…among other provisions. In our first diary introducing The Michael Brown Over-Policed Rights Act, we begged members of the community for help to make our idea legislature-ready. In the words of one of our members, “Let’s put it out there and have Kossacks criticize the hell out of it.” Be careful what you wish for. :) Hurricane Lin blew in and went to work. She was not stingy with her advice, to say the least. With her help — along with other Kossacks — we were able to shape our duckling of an idea into a sleek, beautiful swan, one that managed to attract the attention of law professors, the ACLU, and high-ranking members of the NAACP. The members of Support the Dream Defenders are so grateful for your unselfish help, Lin.

But it’s not all about global or political issues with Lin. She knows and understands that as some wise person once said, the personal is the political. When I shared the news of my personal loss with the community, Lin gathered me into her arms and offered her shoulders for me to rest during the storm. She and a cadre of loving, supportive Kossacks went to work on my behalf, creating space for me to mourn without having to stress about finances. I am forever grateful to Lin and my internet family members.

And now it is our turn to provide a safe, stress-free haven for our sister. We need to create the financial space for her so that she can focus her energies on the fight ahead. Won’t you please help?

YouTube Video

Allow Laura to tell you a little of what is happening with her sister Lin:

The Story

Meet my sister, Linda McClure. Her friend Aji said, she’s been a warrior her whole life: for everyone, for environmental and climate justice, for the wildlife and natural resources. She’s had a successful career as an environmental lawyer, practicing on the side of Mother Earth. She’s an activist, a community/activism organizer, a writer, a sister, and friend. She was so honored when Bill McKibben stated that he could "think of no higher praise than 'great organizer,' and you're one of the greatest!"

She’s in the fight of her life, and she needs our help.

Five years ago, Linda was diagnosed with breast cancer. She completed a rigorous and difficult treatment protocol that enabled remission, and we all breathed a sigh of relief.

Since April, she has experienced severe pain in her right knee, right leg and ribs. Because of her medical history, she was concerned that her breast cancer had returned. She sought additional screening, but her mammogram turned up no evidence of new disease. Since then, her condition has progressively worsened, with severe joint and bone pain, first in her legs, then spreading through her body, and finally culminating in what doctors stated was fracturing of ribs. She continued to seek medical tests to obtain a diagnosis and treatment — her concerns were dismissed as simply arthritis and fractured ribs treated with pain pills.

Last week, Linda finally was able to see two specialists who ran diagnostic tests showing her breast cancer has now spread to her lungs and her bones.

She has been told that she has only months to live, possibly only weeks . . . except for the possibility of pursuing clinical trials or perhaps aggressive chemo. A surgical biopsy this week will determine options available.

I am hoping to raise $30,000 to cover our regular bills of $4,000 a month for housing payment, utilities, food etc. which would be needed for 6 months for the beginning of a fighting option (like clinical trial or specialized chemo) or will cover end of life if no other options. Linda is on current leave of absence from work and I work very few hours so that I can take care of her.

In addition to this base of $24,000, there are medical expenses piling up with increased co-pays: each CT her co-pay has been $500-$700; and her co-pay for lung biopsy is $3,000.

And we need medical equipment for breathing that is not covered by insurance. We have purchased a nebulizer and oxygen equipment that is 62 pounds that I must push around so Linda can walk to the bathroom. We need to purchase a truly portable "oxygen purse" for around $3500 that will enable her some mobility at home and hopefully outside our home.

Linda and I are very close; we have lived together for nearly three decades. She is my North Star. Without her income, there is the very real possibility of losing a roof over our heads, even as I face the prospect of losing my sister and best friend. We are trying, in what may be a very short time available to us, to raise sufficient funds to ensure that Linda can get the medical (and, if necessary, palliative-care) treatment that she needs, that her day-to-day needs will be provided for, and that we can keep our home while she fights this battle of — and for — her life.

Please help us remove the burden of basic survival from her shoulders, so that she can focus her energies on the battle ahead of her.

In gratitude, Laura

Now that we know who Lin is and what her contribution has meant for this community, how she’s had a life of service and how much she has to offer, now we know that she needs our help, let’s just do it. Let’s follow her example and do for her what she’d do for us even now if we’d allow her. This is who we are as a community. This is what sets us apart from other online communities. We take care of our own.

YouTube Video

What to do

a) Donate through YouCaring. As you can see from Laura’s note, we’ll need at least $30,000.00. We are at about one-fourth of the way to reaching our goal. Give what you can. As my grandma used to say, “Every mickle makes a muckle.” Go to her youcaring page here.

b) Donate through PayPal. PayPal address is: lauramcclure01@gmail.com

c) Share the fundraising page. According to the experts in the field, each share is worth $37.00. Tweet, Facebook, Tumblr...all of them.

d) Rec, tip, tweet, republish the diaries written on Lin’s behalf. And most of all,

e) Keep Lin in your prayers and or thoughts. Let’s be the wind beneath her sails.

If you need to send a check or money order, please kosmail kosmail Onomastic, and she’ll send you Lin’s snail mail address, or you can email 2thanks, and he’ll forward your email address to Onomastic.

Thank you. Thank you for reading. Thank you for your love and support for our sister Lin.

Embedded Content

Mojo Friday - GOTDV!!!! - Edition

TexDem

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Friday November 04, 2016 · 7:30 AM PDT

2016/11/04 · 07:30

Get Out The Damn Vote

I don’t know how else to say it. Do whatever you can to make we get as many people to the polls as we can. Volunteer as a driver. Volunteer to canvas on election day. We need every viable person voting.

YouTube Video

The Sandy Hook Lawsuit: Going to Federal Court

TRPChicago for Firearms Law and Policy

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Friday January 23, 2015 · 3:48 PM PST

2015/01/23 · 15:48

Bushmaster Firearms doesn't like to be sued. That's the bottom line. But dismissing it was not the first move for Bushmaster and the Remington Outdoor Company, its colleague in the lawsuit filed on behalf of victims of the Sandy Hook massacre. First ...

The Old Remington Factory in Bridgeport

... Bushmaster and the other defendants moved to "remove" the case from state court in Bridgeport, Connecticut to Federal court in Hartford, Connecticut. For what this means and what will happen next, come below the orange bullseye. Read More

SCOTUS declines to review Drake v. Jerejian, the NJ case that limits gun carry permits

TRPChicago for Firearms Law and Policy

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Monday May 12, 2014 · 5:50 AM PDT

2014/05/12 · 05:50

NEWSWIRE

Moments ago, SCOTUS denied cert in the Drake case. This means it chose not to accept the case for briefs and argument. (As is typical, the Court gave no explanation.) The Third Circuit's decision upholding New Jersey's "May Issue" gun permit law stands.

Gun carry advocates will just have to wait for the next opportunity, which probably will be Peruta v. County of San Diego from the Ninth Circuit in California. The Court of Appeals has yet to rule on the State of California's requests to intervene and for the Court to consider the case en banc. (I.e. before a full court, in this case, 11 of its judges, rather than just the three-judge panel that rendered the 2-1 decision in January. The Ninth Circuit rarely grants en banc review.)

The Drake petition was discussed last Friday in Firearms Law & Policy.

Is SCOTUS Ready to Rule on Carrying Guns in Public?

TRPChicago for Firearms Law and Policy

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Monday January 06, 2014 · 5:45 PM PST

2014/01/06 · 17:45

Bruce James Abramski Jr.
Courtesy Franklin (VA) News-Post

In the Monty Python Pantheon of Silly, this case takes the prize. It is a lawsuit against a question on a Federal form.

When he went to buy a gun, Bruce Abramski checked Yes on ATF form 4473, that he was “the actual transferee/buyer” of a Glock 19.

In truth, he was not. It was a false statement.

As he arranged in advance, Abramski bought the Glock for his uncle and delivered it to him four days later. At the time he bought it, Abramski was a "straw purchaser."

After losing his motion to suppress evidence of the deal, he pleaded guilty - conditionally - pending appeal. The Fourth Circuit Court of Appeals denied his claims and his attorneys managed to convince SCOTUS that this was a case worth reviewing. Oral arguments are scheduled for January 22, 2014.

Below the orange bulls eye are the facts, summaries of the arguments and some thoughts on this case.

Poll

106 votes Show Results

I predict the Supreme Court will decide ...

106 votes Vote Now!

I predict the Supreme Court will decide ...

to uphold Bruce Abramski's convictions.

33 votes

to accept the straw purchase doctrine, but adjust it to allow eligible repurchases.

23 votes

to reverse because the ATF acted beyond its authority.

21 votes

to reverse because Congress did not outlaw straw purchases.

16 votes

to reverse on another ground, which I explain in my comment below.

2 votes

that it "improvidently granted" review and decline to rule at all, thereby retaining the Fourth Circuit's decision.

11 votes

The Voting Rights Act has been gutted

Adam B

Community

Tuesday June 25, 2013 · 9:39 AM PDT

2013/06/25 · 09:39

President Johnson signs the Voting Rights Act, 1965

President Johnson signs the Voting Rights Act of 1965.

Amendment XV
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Who has the right to determine what's appropriate to safeguard the right to vote? Is it a Congress comprised of representatives of the people, with full fact-finding authority, which in 2005-06 "held 21 hearings, heard from scores of witnesses, received a number of investigative reports and other written documentation of continuing discrimination in covered jurisdictions... [compiling] more than 15,000 pages" of evidence for the legislative record, and passed Voting Rights Act reauthorization by lopsided bipartisan majorities of 98-0 in the Senate and 390-33 in the House?

No, apparently, it's a conservative activist Supreme Court, which in its 5-4 decision today determined that Congress' 2006 reauthorization of the Voting Rights Act did not adequately reflect current conditions and unconstitutionally infringed on states' rights to regulate their own elections. Equal "dignity" for the states, a bare majority holds, matters more than equal protection for their voters.

Now, some background: As I explained four years ago when the Court last took up the VRA, Section 5 created federal oversight of local elections administration, requiring that those states which had a history of discriminatory voting practices ("covered jurisdictions") couldn't make any changes that affected voting—couldn't even move the location of a polling place—without getting "preclearance" from the United States Department of Justice. That list of covered jurisdictions constitutes Section 4 of the Act, and not only includes many Southern states but also most of New York City, isolated parts of Michigan and South Dakota, and even some California counties (among other locations). Section 2 of the Act, on the other hand, covers all of America and prohibits any voting practice or procedure that has a discriminatory result, regardless of whether intentional discrimination can be proven—but unlike Section 5, it's DOJ's burden to prove discrimination, not the jurisdiction's burden to prove lack of ill effect.

In 2009, the Court stared at Section 4 and punted at fourth-and-one, with an 8-1 decision of the Court telling Congress that "the statute’s coverage formula is based on data that is now more than 35 years old, and there is considerable evidence that it fails to account for current political conditions," giving it one more chance to update the formula.

Now, four years later, it's "you had your chance, and you didn't." What the Court did today was strike Section 4 as unconstitutional, saying the coverage formula Congress re-passed in 2006 (the same jurisdictions as before) did not adequately reflect contemporary concerns. This renders the preclearance regime a dead letter until and unless Congress can engage in the horse-trading necessary to determine a new list of which states and counties must go to the constitutional principal's office, and that may never, never happen.

Continue below the fold to learn why the Chief Justice claimed this was necessary.

But first, did you know that the U.S. Constitution does not guarantee the right to vote for everyone, but we are fighting to change this. Please sign the petition to join Daily Kos, Color of Change, and a growing movement to pass a constitutional amendment guaranteeing and protecting the freedom to vote for all.

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What? Straw Purchase a Gun? Abramski v. US

The Voting Rights Act has been gutted