06/29/2015 archive

Scotus: The Final Three New Rules

Today is the last day of this years Supreme Court session. After yesterday’s momentous ruling in favor of marriage equality for all (yes, gays should have the same right to be miserably married as heterosexuals), the court handed down rulings in three cases, two which have even a wider impact than the Affordable Care Act ruling.

In another five – four ruling Justice Anthony Kennedy sided with the conservatives approving Oklahoma’s use of the controversial sedative midazolam in Oklahoma’s execution protocols which opened the door for the state to carry out the first executions since January.

The ruling ends a hold on most executions outside Texas and Missouri. Several states had delayed executions while they awaited the ruling in Glossip v Gross, in which the court was asked to decide whether Oklahoma’s use of midazolam fell within the boundaries of the US constitution.

Though the ruling fell into the familiar 5 to 4 conservative to liberal split within the supreme court, it marked the first time in seven years that the nation’s highest judicial panel considered directly the constitutional basis of modern executions by lethal injection. It also gave the progressive-leaning justices an opportunity to vent their opinions on the ultimate punishment, with Stephen Breyer backed by Ruth Bader Ginsburg, using a dissenting opinion to openly denounce the death penalty as a violation of the eighth amendment ban on cruel and unusual punishment.

In the case against the Environmental Protection Agency, the court struck down the agency’s efforts to set limits on the amount of mercury, arsenic and other toxins coal-fired power plants can spew into the air, lakes and rivers.

The 5-4 decision was a major setback to the Environmental Protection Agency (EPA), and could leave the agency more vulnerable to legal challenges from industry and Republican-led states to its new carbon pollution rules.

It was also a blow to years of local efforts to clean up dangerous air pollution.

The supreme court has now sent the case back to the Washington DC circuit court of appeals, which will then ask the EPA to reconsider its rule-making. Activists are now urging the EPA to act definitively and quickly to issue revised regulation.

In its final ruling, the curt upheld Arizona’s independent redistricting that was passed in a 2000 ballot referendum, striking a blow to gerrymandering.

The court’s decision affirms the constitutionality of an Arizona state ballot measure approved by voters in 2000 that allowed an independent commissioner to determine congressional districts in the state.

State legislatures determine congressional district boundaries after each census, as dictated by the constitution, but the Arizona measure sought to undo this model, which is widely understood as a tool for partisan lawmakers to divvy up districts to favor the political party in power – also known as gerrymandering.

The supreme court ruled 5-4 that the elections clause of the US constitution does not disallow such commissions from being created.

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

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New York Times Editorial Board: Affordable Housing, Racial Isolation

A Supreme Court ruling last week forcefully reminded state and local governments that the Fair Housing Act of 1968 forbids them from spending federal housing money in ways that perpetuate segregation. Communities across the country have been doing exactly that for decades.

Instead of building subsidized housing in racially integrated areas that offer minority citizens access to jobs and good schools, local governments have often deepened racial isolation by placing such housing in existing ghettos.

Justice Anthony Kennedy delivered this timely message in the majority opinion, ruling that the law allows plaintiffs to challenge housing policies that have a discriminatory effect – without having to prove that discrimination was intentional.

Paul Krugman: Greece Over the Brink

It has been obvious for some time that the creation of the euro was a terrible mistake. Europe never had the preconditions for a successful single currency – above all, the kind of fiscal and banking union that, for example, ensures that when a housing bubble in Florida bursts, Washington automatically protects seniors against any threat to their medical care or their bank deposits.

Leaving a currency union is, however, a much harder and more frightening decision than never entering in the first place, and until now even the Continent’s most troubled economies have repeatedly stepped back from the brink. Again and again, governments have submitted to creditors’ demands for harsh austerity, while the European Central Bank has managed to contain market panic.

Rep. Alan Grayson: A Good Rule of Law: Mind Your Own Business

Friday’s U.S. Supreme Court decision was a great victory for LGBT rights. But it also was a great victory for something that rests right at the heart of the human experience, the paramount legal doctrine of M.Y.O.B.

Mind Your Own Business.

Reporters love to generate controversy. In a TV interview on Friday, a reporter asked me, “What do you have to say to all of the millions of opponents of gay marriage?”

I replied thusly: “Mind your own business.”

OK, I’ll admit that that response will not earn me the Nobel Peace Prize. But I’m making an important point here. What difference does it make to Person X if Person Y marries Person Z? Seriously.

Robert Reich: Why We Must Fight Economic Apartheid in America

Almost lost by the wave of responses to the Supreme Court’s decisions last week upholding the Affordable Care Act and allowing gays and lesbians to marry was the significance of the Court’s decision on housing discrimination.

In a 5-4 ruling, the Court found that the Fair Housing Act of 1968 requires plaintiffs to show only that the effect of a policy is discriminatory, not that defendants intended to discriminate.

The decision is important to the fight against economic apartheid in America – racial segregation on a much larger geographic scale than ever before.

The decision is likely to affect everything from bank lending practices whose effect is to harm low-income non-white borrowers, to zoning laws that favor higher-income white homebuyers.

Robert Kuttner: A Good Week for America

What an extraordinary week in the political and spiritual life of this nation.

It was a week in which President Obama found the voice that so many of us hoped we discerned in 2008; a week in which two Justices of the Supreme Court resolved that the legitimacy of the institution and their own legacy as jurists was more important than the narrow partisan agenda that Justices Roberts and Kennedy have so often carried out; a week in which liberals could feel good about ourselves and the haters of the right were thrown seriously off balance.

Yet this is one of those inflection points in American politics that could go either way. It could energize the forces of racial justice and racial healing. It could reconstitute the Supreme Court as a body that takes the Constitution seriously. The week’s events could shame, embarrass and divide the political right.

On This Day In History June 29

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

Click on images to enlarge.

June 29 is the 180th day of the year (181st in leap years) in the Gregorian calendar. There are 185 days remaining until the end of the year.

On this day in 1928, The Outerbridge Crossing and Goethals Bridge in Staten Island, New York are both opened.

The Outerbridge Crossing is a cantilever bridge which spans the Arthur Kill. The “Outerbridge”, as it is commonly known, connects Perth Amboy, New Jersey, with the New York City borough of Staten Island and carries NY-440 and NJ-440, each road ending at the respective state border.

The bridge was named for Eugenius Harvey Outerbridge (sometimes pronounced “ooterbridge”) the first chairman of the then-Port of New York Authority and a resident of Staten Island. Rather than call it the “Outerbridge Bridge” the span was labeled a “crossing”, but many New Yorkers and others mistakenly assume the name comes from the fact that it is the most remote bridge in New York City and the southernmost crossing in New York state.

It is a steel cantilever construction, designed by John Alexander Low Waddell and built under the auspices of the Port of New York Authority, now the Port Authority of New York and New Jersey, which currently operates it.

It opened simultaneously with the Goethals Bridge on June 29, 1928. Both spans have similar designs. Neither bridge saw high traffic counts until the opening of the Verrazano-Narrows Bridge in 1964. Traffic counts on both bridges were also depressed due to the effects of the Great Depression and World War II.

The Outerbridge Crossing carried 32,438,000 vehicles (both directions) in 2006, or approximately 90,000 each day. Tolls are collected in the eastbound direction only. In early 2009, the cash toll was $8 for passenger vehicles. Users of E-ZPass pay a toll of $6 during off-peak hours (outside of 6-9 am and 4-7 pm).

In 2003, the Port Authority raised the speed limit for the three inner E-ZPass lanes at the toll plaza from 15 mph to 25 mph, separating these lanes from the rest of the eight-lane toll plaza by a barrier. Two years later, the tollbooths adjacent to the 25 mph E-ZPass lanes were removed and overhead gantries were installed with electronic tag readers to permit E-ZPass vehicles to travel at 45 mph in special high-speed lanes.[9] Motorists using the high-speed E-ZPass lanes cannot use the Page Avenue exit, which is located immediately after the toll plaza.

In recent years, the bridge has undergone numerous repair jobs as a result of the high volume of traffic that crosses the bridge each day.

The Goethals Bridge connects Elizabeth, New Jersey to Staten Island (New York City), near the Howland Hook Marine Terminal, Staten Island, New York over the Arthur Kill. Operated by the Port Authority of New York and New Jersey, the span was one of the first structures built by the authority. On the New Jersey side it is located 2 exits south of the terminus for the New Jersey Turnpike-Newark Bay Extension. The primary use for this bridge is a connection for New York City to Newark Airport. The bridge has been grandfathered into Interstate 278, and named for Major General George Washington Goethals, who supervised construction of the Panama Canal and was the first consulting engineer of the Port Authority.

A steel truss cantilever design by John Alexander Low Waddell ], who also designed the [Outerbridge Crossing. The bridge is 672 ft (205 m) long central span, 7,109 feet (2,168 m) long in total, 62 feet (19 m) wide, has a clearance of 135 feet (41.1 m) and has four lanes for traffic. The Port Authority had $3 million of state money and raised $14 million in bonds to build the Goethals Bridge and the Outerbridge Crossing; the Goethals bridge construction began on September 1, 1925 and cost $7.2 million. It and the Outerbridge Crossing opened on June 29, 1928. The Goethals Bridge replaced three ferries and is the immediate neighbor of the Arthur Kill Rail Bridge. Its unusual mid-span height was a requirement of the New Jersey ports.

Connecting onto the New Jersey Turnpike, it is one of the main routes for traffic between there and Brooklyn via the Staten Island Expressway and the Verrazano-Narrows Bridge. Until the Verrazano-Narrows Bridge was completed in 1964 the Goethals Bridge never turned a profit. The same happened to the Outerbridge Crossing. The total traffic in 2002 was 15.68 million vehicles.