The American Democracy Minute Radio Report & Podcast for Oct. 8, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

The Pennsylvania Supreme Court refused to rehear a challenge to mail-in ballots with missing or inaccurate dates on the merits, after dismissing the case on a technicality in September.  But it also denied a GOP challenge of counties which notified mail-in voters of a mistake, and allowed them to ‘cure’ their ballot.

Citing the U.S. Supreme Court’s “Purcell Principle” as justification, the court ruled Oct. 5th that these and most other voting-related cases were now too close to the election.  “This Court will neither impose nor countenance substantial alterations to existing laws and procedures during the pendency of an ongoing election,” it said.

The missing date decision could affect tens of thousands of Pennsylvania voters who mistakenly don’t date, or misdate, their mail-in ballots.  Under the Commonwealth’s law those ballots are not counted.  The ACLU has also appealed the case to the U.S. Supreme Court using the 1964 Civil Rights Act, which forbids minor mistakes from disqualifying a voter, but it is unclear if, or when, the high court would consider the appeal.

In her dissent, Chief Justice Debra Todd wrote that the case would be an appropriate use of the Pennsylvania Supreme Court’s “King’s Bench” power, saying,  “Where, as here, the issue concerns the fundamental right to vote, and where the consequences of inaction risk undermining the electoral process, I deem it imperative to act now.”   

We have a link to the decisions at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

Pennsylvania Supreme Court – (Missing Date Case) ORDER – PER CURIAM
Pennsylvania Supreme Court –  (Missing Date Case)  DISSENTING STATEMENT – CHIEF JUSTICE TODD
Pennsylvania Supreme Court – (Notification & Curing Case) ORDER – PER CURIAM

Groups Taking Action:

ACLU PA,  PA Conference of the NAACP, Common Cause PA, Black Political Empowerment Project,  League of Women Voters PA

Check Your Voter Registration:

• U.S. Election Assistance Commission – Register And Vote in Your State
• USA Vote Foundation – Registration, Eligibility, State Election Office Links
• Vote.Gov – Register to Vote in Your State
• Vote.Org – Check Your Registration to Vote
  
  

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #PASupremeCourt #MailBallots #PurcellPrinciple

The post PA Supreme Court Refuses to Rehear Mail-In Ballot Missing Date Appeal and Others As Too Close to the Election appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for March 5, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

In a unanimous decision March 4th, the U.S. Supreme Court reversed the decision of the Colorado Supreme Court to remove Donald Trump from the Colorado State ballot, ending state efforts to enforce the 14th Amendment’s Section 3.   

The court punted to Congress to enforce the 14th Amendment,  saying QUOTE “The Constitution empowers Congress to prescribe how those determinations should be made. The relevant provision is Section 5, which enables Congress, subject of course to judicial review, to pass ‘appropriate legislation’ to ‘enforce’ the Fourteenth Amendment.”

The court majority also noted that the states did in fact use the 14th Amendment to disqualify state candidates, but that QUOTE “Such power over governance, however, does not extend to federal officeholders and candidates.”

Both the decision and a concurrence by Justices Sotomayor, Kagan and Jackson, expressed concern that if the states had the power, it would result in a “patchwork” of decisions which could affect the outcome of the election.   But the concurrence raised alarms that the conservative majority overreached.  QUOTE:  “Although we agree that Colorado cannot enforce Section 3, we protest the majority’s effort to use this case to define the limits of federal enforcement of that provision.”

It’s unlikely Congress would agree on ANY legislation to disqualify former President Donald J. Trump.    

We have a link to the decision at AmericanDemocracyMinute.org  I’m Brian Beihl.

Today’s Links

Articles & Resources:
U.S. Congress – Fourteenth Amendment Section 3
Colorado Supreme Court  – Decision in Anderson v. Griswold
U.S. Supreme Court – Decision in DONALD J. TRUMP, PETITIONER v. NORMA ANDERSON, ET AL.
WHYY/Associated Press – Supreme Court restores Trump to ballot, rejecting state attempts to ban him over insurrection

Groups Taking Action:
Citizens for Responsibility and Ethics in Washington,  Protect Democracy

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #14thAmendment #TrumpCriminalTrials #SCOTUS

The post U.S. Supreme Court Unanimously Reverses Colorado Court’s Removal of Donald Trump from the State’s Ballot appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Feb. 6, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Thursday, February 8th, 10 AM Eastern, the U.S. Supreme Court hears a challenge from former President Donald Trump to Colorado’s decision to ban him from the state’s Presidential primary under the 14th Amendment.

https://www.supremecourt.gov/oral_arguments/live.aspx

The amendment’s Section 3 was implemented after the Civil War to keep former Confederate leaders from holding office. It specifies that an officer of the United States who took an oath to protect the Constitution but engaged in insurrection, or gave aid and comfort to those who did, is ineligible to hold office.

The questions likely to be raised by Trump’s lawyers are: Is the President an “officer of the United States” as defined by the Fourteenth Amendment Section 3? Does the Fourteenth Amendment even allow states to enforce Section 3, or is it solely Congress’ responsibility? And does blocking a political party from offering the candidates of its choice violate the party’s right to free speech?  Failure to meet any of these standards results in Trump remaining on the ballot.

The Colorado Supreme Court found 25 instances where the Constitution referred to the “office” of  President.  It also found that the evidence substantiated that Trump engaged in insurrection, and that a conviction was not required to meet this standard.

We have links to an excellent explanation of the issues at ScotusBlog, and a link to the U.S. Supreme Court’s Thursday audio feed at AmericanDemocracyMinute.org.  I’m Brian Beihl.  

Today’s Links

Articles & Resources:
U.S. Congress – Fourteenth Amendment Section 3
Lawfare –  Section 3 Disqualifications for Democracy Preservation
American Democracy Minute – Colorado Supreme Court Rules Trump was a “Officer of the United States” Participating in Insurrection, and Bars Him from the State’s Ballot.  A SCOTUS Challenge is Likely.
Colorado Supreme Court  – Decision in Anderson v. Griswold
ScotusBlog – Supreme Court to decide whether insurrection provision keeps Trump off ballot
U.S. Supreme Court – Thursday, February 8, 10 AM, Live Audio Link

Groups Taking Action:
Citizens for Responsibility and Ethics in Washington,  Protect Democracy

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy #DemocracyNews #14thAmendment #Insurrection #TrumpIneligible 

The post SCOTUS Hears Oral Arguments Thursday in Trump’s 14th Amendment-Based Removal from Colorado’s Ballot appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Jan. 8, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

In a brief order released Friday, January 5th, the U.S. Supreme Court agreed to hear the appeal on February 8th of former President Donald Trump, disputing his pending disqualification from the Colorado Presidential primary ballot. 

Notably, the court opted not to hear a similar appeal by the Colorado Republican party, only the appeal from Trump himself.  Trump’s lawyers contend the issue of eligibility for the ballot is a decision for Congress not state courts.  They also argue that  QUOTE “It was not ‘insurrection’ and President Trump in no way ‘engaged’ in ‘insurrection.’” UNQUOTE. 

High court oral arguments have been scheduled for February 8th, but Colorado’s Secretary of State announced Friday that she has already certified the ballot with Trump’s name to meet the election schedule.  Should the disqualification be upheld, she suggested in a CNN interview it would be handled as if a candidate had withdrawn from the race, and those votes would not be counted.

Trump also last week appealed his disqualification from the Maine primary to Maine Superior court, contending the Maine Secretary of State lacked the authority to make the decision, and disputing he engaged in insurrection.  Groups of voters in Illinois and Massachusetts have also joined the fray, filing suits claiming Trump is ineligible for the ballot based on the 14th Amendment.

We have links to articles, Trump’s appeals, and groups taking action at AmericanDemocracyMinute.org.  I’m Brian Beihl

Today’s Links
Articles & Resources:
Donald Trump Appeal via Democracy Docket – PETITION FOR WRIT OF CERTIORARI
Colorado Newsline – Supreme Court agrees to hear Colorado case banning Trump from ballot under insurrection clause
U.S. Supreme Court – TRUMP, DONALD J. V. ANDERSON, NORMA, ET AL.
SCOTUS Blog – Supreme Court agrees to hear Trump plea to remain on Colorado ballot
Associated Press – Trump appeals Maine ruling barring him from ballot under the Constitution’s insurrection clause
CNN – Illinois and Massachusetts voters seek to take Trump off 2024 ballot

Presidental Oath of Office – ArtII.S1.C8.1 Oath of Office for the Presidency

U.S. Congress – U.S. Constitution – 14th Amendment, Section 3

Groups Taking Action:
Free Speech for People, Citizens for Responsibility and Ethics in Washington (C.R.E.W.), Protect Democracy

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

#Democracy  #DemocracyNews #14thAmendment #BallotDisqualification

The post U.S. Supreme Court Agrees to Hear Appeal of Trump’s Disqualification from Colorado Ballot Feb. 8th; More State Challenges Filed appeared first on American Democracy Minute.