National
Event Alert: this one is online. Tomorrow, December 13, at 1 p.m. PST the Reagan Foundation is hosting a Lecture with Peter Hannaford to discuss his latest book, Reagan’s Roots. Go here to view the webcast live.
Atlas Shrugged Alert: rumor has it that some Red Box locations are now renting copies of Atlas Shrugged Part 1. Check here to see if you can reserve a copy at a location near you.
Big news from SCOTUS this morning as the Court announced it will review Arizona’s controversial immigration reform law, SB1070. We’ve previously covered that law here, here, here, here, here, here, and here. SCOTUSblog hosted an online symposium in July on SB1070 with input from numerous scholars. From SCOTUSblog:
Adding further to the historic rank of the Supreme Court’s current Term, the Justices on Monday took on the searing constitutional — and political — controversy over state power to strictly limit the way undocumented immigrants live their lives in the U.S. Along with the politics-saturated but deeply consequential constitutional disputes over the new federal health care law and the role of federal courts in drawing up new election districts to protect minority voters’ rights, the Term that will run through late June is assured of being one of the Court’s most significant single years ever. The federal government is involved in all three disputes, and its main adversary in each is the same: prominent Washington lawyer and former U.S. Solicitor General Paul D. Clement, who is also battling the government in lower courts over same-sex marriage. The marriage issue, though, has only the slimmest of chances of getting to the Court this Term in any form.
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The Arizona case puts before eight of the Justices — former U.S. Solicitor General and now Justice Elena Kagan will not take part — that state’s highly controversial bill, known popularly as “S.B. 1070.” That measure set a pattern among a number of states that have been growing increasingly impatient with what they consider to be the federal government’s lax enforcement of immigration controls, and the resulting harm that they believe illegal immigrants are doing to the quality of life for their citizens and legal residents. The Arizona measure, and one in Alabama that goes even further, were passed by state legislatures with the specific intent of making life so difficult for undocumented aliens that they would choose to leave the state. Other states are also passing similar measures.
Arizona’s governor, Janice Brewer, in taking the fate of S.B. 1070 on to the Supreme Court, is portraying the case as a major test of the sovereignty of the states to make their own social policies under traditional “police power” principles. The federal government, which tried unsuccessfully to persuade the Court not to get involved in the case at this point, is treating the case as a test of whether states may adopt their own immigration policies that frustrate specific goals of federal policy.
With Justice Kagan not taking part, presumably because she had something to do with the issue in her former role in the Obama Administration Justice Department, there is the possibility that the eight participating Justices will wind up split 4-4 in the case. That would have the effect of simply upholding a Ninth Circuit Court decision, but without opinion and without setting a nationwide precedent. The practical effect of that would be that Arizona could not enforce four key provisions of S.B. 1070, blocked by both the Ninth Circuit and, earlier, by a federal District judge in Arizona.
Big news indeed. Speaking of the administration, last week we noted Eric Holder’s testimony on the Fast and Furious operation debacle, and WSJ’s Law Blog has a good roundup of coverage from that testimony here.
Also, Steve Chapman notes that Obama is no friend of religious freedom in a thought-provoking column:
But look far enough in this pile of chaff and you find some wheat. On two major issues cited by Perry, Obama has broken with precedent to curtail religious freedom in a way that should alarm staunch secularists (like myself) as well as the devout.
The first instance arose after passage of his health care overhaul, when the Department of Health and Human Services ordered that all insurance plans cover contraceptives and sterilization for women, with no co-payment. The mandate means many Americans would have to be complicit in something their faith forbids.
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Even more extreme is its position on a dispute involving an evangelical Lutheran church and school in Michigan. The school had dismissed a teacher who taught both religious and non-religious classes, and she went to court alleging illegal discrimination.
Federal courts have generally barred such lawsuits, leery of getting tangled up in church doctrine and discipline. But an appeals court ruled in favor of the teacher, and Obama’s Justice Department took her side.
Not only that, it said churches and their schools should be treated no differently from other employers. Taken to its logical conclusion, that would mean the Catholic Church could be forced to admit women to the priesthood.
When the case was argued before the Supreme Court, conservative Justice Antonin Scalia marveled at the administration’s claim: “There, black on white in the text of the Constitution, are special protections for religion. And you say it makes no difference?” Exclaimed liberal Justice Elena Kagan, whom Obama appointed, “I too find that amazing.”
more
From the 2012 primary updates:
WSJ Law blog describes how Rick Perry stumbles, again: “[W]e bring you Perry’s latest, a couple of missteps made during a sit-down with the editorial board of the Des Moines Register. In one, he blanked on the name of Supreme Court Justice Sonia Sotomayor. In the other, he referred to the Supreme Court as consisting of ‘eight unelected and frankly unaccountable judges.’”
Reason presents a Ron Paul roundup with some interesting tidbits and videos.
George Will explains how a third-party Ron Paul run leads to a second term for Obama:
When recently asked if he might mount an independent candidacy, he said: “I’m not thinking about it because, look, I’m not doing badly right now. … So we concentrate only on one thing: Keep moving up in the polls, and see how things come out in a month or two.”
He is in the top tier in Iowa, and would alienate Republican voters if he indicated an interest in bolting the party next autumn. Nationally, his ceiling is low, but his floor is solid: His supporters are inclined to accept no substitutes because no other candidate espouses anything like his high octane blend of libertarianism and isolationism.
Furthermore, he is now nationally known (he campaigned for the 2008 Republican nomination, and was the Libertarian Party’s 1988 presidential candidate), has a large base of small donors, and his intense supporters probably could get his name on most states’ ballots. He is not seeking re-election to his House seat, so what has he got to lose?
Well, his candidacy might guarantee Barack Obama’s re-election, and this might hurt the career of his son Rand, the freshman senator from Kentucky. Other than that, however, Ron Paul may think what his ideology implies – that Obama is only marginally more mistaken than Paul’s Republican rivals, who do not wake up each day angry about the 1913 Federal Reserve Act.
Video of the Day
Today’s video comes from PA Congressman Mike Kelly and his recent House Floor rant, definitely worth five minutes of your time (click here to view in YouTube):
New Mexico
Check out Steve Terrell’s column in Saturday’s online Santa Fe New Mexican, in which he asks whether the Tea Party activists and the Occupy activists have received unequal treatment by the Santa Fe government:
Santa Fe Republicans indisputably are in the minority. This often leads to grumbling about their treatment by the Democratic majority. Like all political beefs, from any side, sometimes the concerns are overblown. Sometimes not.
Last week a couple of local GOP activists raised a valid question about basic fairness. Jim and Sheryl Bohlander emailed that they don’t think it’s fair that they had to pay hundreds of dollars to use the Santa Fe Plaza for tea-party events while members of the Occupy Santa Fe movement camp out at the city’s Railyard Park for free.
“As two of the principal organizers of the 2009 and 2010 tea-party rallies on the Plaza, we can confirm that we had to secure a permit to use the Plaza, $400 for each event, plus we had to secure at liability insurance policy for both events, well over $300 each time,” the Bohlanders said in their email. “The permit fee for 2011 was $455. Additionally, we had to state specifically the time frame of the events.”
I realize some readers will be thinking, “What the heck? They’re Republicans. They can afford it.”
But setting political prejudices aside — if that’s ever possible — one can ask if it’s fair to make one group of citizens pay to use a city park for a political gathering while another group gets to use a park for free?
Read the whole column here and let us know what you think in the comments.
While we wait for the full results of the grand jury investigations into former Gov. Richardson’s conduct, the state’s most prominent current embarrassment is busy amassing additional assets, this time in Cape Cod, Mass.:
The couple secured a $675,000 mortgage from the Cape Cod Five Cents Savings Bank and purchased the 2,278-square-foot house from Gerald and Stephanie Coughlan of Wellesley. The Coughlans paid $1.6 million for the property on Nickerson Neck in 2004.
Most of the property’s value — $1.5 million — is in the 36,200-square-foot pond-front lot, according to Chatham assessing records. The assessed value of the three-bedroom house with 4.5 bathrooms was $297,900.
“Gov. and Mrs. Richardson will use this home as a vacation home,” Richardson spokesman Caitlin Wakefield emailed Friday. “Their primary residence will continue to be Santa Fe, N.M. Mrs. Richardson has longstanding ties in the Cape Cod area.”
More here. Continuing the New Mexicans in the national news theme, Murphygate has now made its way into the Los Angeles Times:
It wasn’t a good day for New Mexico’s judiciary when a district judge in Las Cruces, the state’s second-largest city, was indicted last spring on bribery charges for allegedly soliciting campaign contributions in return for political favors.
Then things went from bad to worse. The special prosecutor handling the case demanded that the chief justice of the state Supreme Court recuse himself for allegedly having made prejudicial comments and rulings.
And then came the release of a secretly recorded audiotape in which the indicted judge, Michael Murphy, could be heard casually spouting barnyard profanities, racial epithets and homosexual slurs.
The scandal has reverberated statewide, with some seeing it as evidence of rampant judicial corruption. Murphy’s allies portray it as little more than an indiscretion by someone caught talking out of school, and view the criminal charges as a broad interpretation of the bribery statute.
Full article here.





Rep. Barney Frank (D-Mass.) will announce Monday that he is not seeking re-election, ending a 32-year career in the House.



