Tag Archives: Scrutiny

Alaska Airlines incident brings renewed scrutiny to fact that pilots can lose their jobs for getting mental health care – WABC-TV

  1. Alaska Airlines incident brings renewed scrutiny to fact that pilots can lose their jobs for getting mental health care WABC-TV
  2. Off-duty pilot accused of trying to cut jet engines midflight appears in court AP Archive
  3. Alaska Airlines pilot who tried to down plane while midair was afraid to report depression, his wife claims New York Post
  4. Averted disaster on Horizon Air flight renews scrutiny on mental health of those in the cockpit KATU
  5. Alaska Airlines pilot who ‘tried to turn engines off’ was ‘afraid’ to report depression The Mirror
  6. View Full Coverage on Google News

Read original article here

Hunter Biden’s business dealings draw more scrutiny as Republicans release trove of private documents – POLITICO

  1. Hunter Biden’s business dealings draw more scrutiny as Republicans release trove of private documents POLITICO
  2. New evidence in Hunter Biden investigation, House Republicans claim CBS News
  3. New texts show Hunter Biden complaining his money is ‘all gone’ and seeking dad’s help: ‘Can’t pay alimony’ New York Post
  4. House Republicans release more than 700 pages of internal IRS documents from whistleblowers in Hunter Biden probe CNN
  5. Missouri Congressman releases whistleblower materials in Hunter Biden investigation Missourinet.com

Read original article here

Orlando Magic NBA team donated $50,000 to a DeSantis super PAC, drawing scrutiny and criticism – CNN

  1. Orlando Magic NBA team donated $50,000 to a DeSantis super PAC, drawing scrutiny and criticism CNN
  2. Billionaire DeVos family looks to DeSantis, not Trump, in 2024 CNBC
  3. Orlando Magic Basketball Team Donates $50,000 To PAC Supporting Ron DeSantis Yahoo News
  4. Scott Maxwell: The Orlando Magic decide to join Team DeSantis, donating $50000 to the Florida governor’s presidential campaign committee. It’s the biggest political check the team has ever cut. Orlando Sentinel
  5. Orlando Magic make donation to Ron DeSantis presidential campaign PAC USA TODAY
  6. View Full Coverage on Google News

Read original article here

Shemy Schembechler resigns from Michigan amid scrutiny of social media posts – The Athletic

  1. Shemy Schembechler resigns from Michigan amid scrutiny of social media posts The Athletic
  2. Glenn Schembechler resigns from post with Michigan Wolverines – ESPN ESPN
  3. Shemy Schembechler, son of legendary Michigan coach, resigns from recruiting job after liking racist tweets Yahoo Sports
  4. Michigan football: Bo Schembechler’s son resigns days after being hired amid objectionable social media posts CBS Sports
  5. Shemy Schembechler, son of longtime coach Bo Schembechler, resigns from Michigan football amid scrutiny Fox News
  6. View Full Coverage on Google News

Read original article here

Ex-Speaker Householder’s testimony crumbles under prosecutor’s scrutiny in bribery case – cleveland.com

  1. Ex-Speaker Householder’s testimony crumbles under prosecutor’s scrutiny in bribery case cleveland.com
  2. On the witness stand, Householder spars with federal prosecutor The Columbus Dispatch
  3. Householder’s claims questioned as corruption testimony ends The Associated Press – en Español
  4. It was Jimmy Haslam who introduced Larry Householder to the FirstEnergy CEO: Today in Ohio cleveland.com
  5. Householder denies wrongdoing, both sides rest in Ohio’s biggest corruption scandal NBC4 WCMH-TV
  6. View Full Coverage on Google News

Read original article here

Ohio National Guard boss under scrutiny over altercation with reporter – Military Times

  1. Ohio National Guard boss under scrutiny over altercation with reporter Military Times
  2. NewsNation reporter was pushed by National Guard official during an argument before his arrest at an Ohio news conference, video shows CNN
  3. East Palestine police defend arrest of NewsNation correspondent covering Ohio train derailment presser Fox News
  4. Ohio attorney general to prosecute East Palestine reporter arrest The Columbus Dispatch
  5. Body-camera shows Ohio National Guard commander confront reporter before arrest ABC6OnYourSide.com
  6. View Full Coverage on Google News

Read original article here

Rep. George Santos’s staff hires draw scrutiny on Capitol Hill

Comment

Hiring season is winding down on Capitol Hill. The flurry of forwarded résumés is fading, staff positions in House and Senate offices are nearly filled, and the mostly serious business of governing is taking hold.

The biennial job carousel, a parlor game that plays out in the Capitol’s bustling hallways, hyperdrive text chains and chatty cafeteria lines, is always a closely watched exercise by staffers. Who’s up, who’s down? Who’s in, who’s out?

But perhaps no staff hirings this year are being more closely watched than those of Rep. George Santos, the New York Republican who since his election in November has been buried in an avalanche of revelations that point to him not being the person he once claimed to be. He did not, for instance, graduate from Baruch College (or play volleyball for its team). Nor did he work for Goldman Sachs or Citigroup. And his grandparents did not flee Jewish persecution in Ukraine.

There are also questions about where his money came from, how he funded his campaign, and his work for a Florida company that the SEC is suing and has alleged is a “classic Ponzi scheme.”

Even as he has had to answer — or not answer — those myriad questions, Santos has been assembling a staff for his Washington and district offices, the No. 1 priority for first-term representatives. That means interviewing job candidates, vetting résumés, running background checks and finding people willing to work for a member who appears allergic to truth-telling.

Taking a job for Santos could prove dicey for staffers. In conversations with more than a dozen former and current Republican and Democratic lawmakers and staff members, many wondered if those who go to work for Santos, particularly higher-level staffers, would ever be able to find another congressional office that would hire them.

See the evolution of lies in George Santos’s campaign biography

So far, there is public information available for just five positions that Santos has filled, including chief of staff and communications director, according to LegiStorm, which tracks and posts congressional hiring. The initial makeup of Santos’s staff seems to lack the deep Capitol Hill experience that new members typically seek to help them get off to an effective start and quickly adjust to the rhythms and demands of Congress.

Santos hired Charles Lovett as his chief of staff. Lovett served as Santos’s campaign manager and worked for six months as a field organizer for the Ohio Republican Party, according to LegiStorm. He also served as political director for Ohio Republican Josh Mandel’s unsuccessful primary bid for Senate. He has not worked on the Hill previously. Viswanag Burra, Santos’s operations director, spent less than a year as special operations director for Rep. Matt Gaetz (R-Fla.) and recently worked as executive secretary for the New York Young Republican Club.

His communications director, Naysa Woomer, appears to have the most Hill experience. She worked for three Republican members between 2014 and 2018 before moving to Massachusetts to be the communications director for the state Republican Party and then as a communications specialist for the state Department of Revenue.

Rafaello Carone, Santos’s senior legislative assistant, worked for three GOP members, but his stints were short in each office. He spent six months as social media manager for Rep. Madison Cawthorn (R-N.C.), two months as deputy communications director for Rep. Greg Steube (R-Fla.) and a month as press secretary for Rep. Paul A. Gosar (R-Ariz.), according to LegiStorm. He also ran a consulting firm that mostly worked for long-shot Republican congressional candidates. Gabrielle Lipsky, who served as Santos’s campaign press secretary, will be his press secretary and office manager. She does not have Hill experience.

A Santos staff member familiar with the hiring process said that the LegiStorm site is not up to date and that the congressman’s D.C. and N.Y. offices are “fully staffed.” Each member of Congress is provided with 18 full-time staff positions to spread across their offices as they see fit.

‘I felt like we were in “Goodfellas’’’: How George Santos wooed investors for alleged Ponzi scheme

Woomer, Santos’s communications director, said Thursday that the congressman would not be available for an interview for this story. His staff, she said, “all took this on because we have interest in serving the constituents of the 3rd Congressional District.” Santos’s staff members did not respond to emails seeking comment.

Fully staffed or not, Santos’s offices are already having to respond to the onslaught of requests from constituents and others that typically fill the inboxes of Congress members.

Jimmy Keady, a Virginia-based GOP strategist whose career as a Hill staffer included stints in senior staff for congressional freshmen, said it’s “imperative” that a freshman member of Congress surround themselves with Hill veterans who know what they’re doing — otherwise, they may find themselves underwater pretty quick.

“Capitol Hill is not a place where you can just, you know, walk in and understand what to do,” Keady said. “There are a lot of rules, there’s a lot of regulations, and there’s a lot of pitfalls that a lot of these freshmen members make because they don’t have staff around them who are experienced.”

If a new member isn’t focused on constituent services right away, Keady said, the voters are going to feel it.

“If you have members deciding, ‘I’m going to gut my constituents services, and I’m not going to have a [legislative director] — I’m just going to have six people on comms staff,’ you know, that’s fine — that might get you on Fox News,” Keady said. “But that constituent that has been waiting for their veteran benefits for six months, they’re not going to get service, because that is also a job of a member of Congress.”

At the top of the to-do list for a new member is leasing a district office or offices — and outfitting them with everything including internet, phones, desks, chairs and paper clips. And from Day One, they need to start responding to the unceasing inquiries from constituents needing help with Social Security checks, veterans’ issues and passports. And that’s all while the new member gets acquainted with the politics of Washington and the rules, official and otherwise, of Congress.

Jeff Jackson, a freshman Democrat from North Carolina, has been documenting his first weeks in Congress on Instagram with posts on everything including how new representatives choose their office space and explainers about financial disclosures. He said hiring people with experience on the Hill and in his district was a priority.

“Having people come in who are well-versed in how to do this gives me a lot of comfort,” Jackson said in an interview. “I’ve only been here a few weeks, but what I’ve learned is that there is a tidal wave of work hitting our office every day and it takes a whole team to stay afloat. If you’re just one man on a surfboard, you’re going to get crushed.”

It’s hard enough to get offices up and running in normal circumstances, but Santos is under intense media scrutiny. And he’s facing calls to give up his seat not just from Democrats, but from Republicans as well, including six GOP representatives from New York.

This month, Rep. Anthony D’Esposito, a Republican freshman whose district borders Santos’s, said Santos told “outright lies” and called on him to resign. And Nassau County Republican Committee Chairman Joseph G. Cairo Jr. said Santos no longer had the support of Republicans in the 3rd Congressional District. “George Santos’s campaign last year was a campaign of deceit, lies and fabrication,” Cairo said during a Jan. 11 news conference. “He’s disgraced the House of Representatives, and we do not consider him one of our congresspeople.”

The growing GOP calls for George Santos to resign, by the numbers

Santos has said he will not resign his seat. House Speaker Kevin McCarthy (R-Calif.), who needs Santos’s vote as he clings to a narrow majority in the House, has also rejected calls for Santos to resign and said this month that Santos was legally elected and seated without objection. House Republicans have assigned Santos to the House Small Business and the Science, Space and Technology committees.

Freshman Rep. Chuck Edwards (R-N.C.) is all too familiar with what can happen if members allow constituent services to be neglected: He is cleaning up the mess left behind by his predecessor, Madison Cawthorn.

Cawthorn, who took office in 2021 at age 25 and exited in scandal, prioritized publicity as a lawmaker. “I have built my staff around comms rather than legislation,” he wrote in an email to Republican colleagues published by Time magazine in 2021.

After losing in a GOP primary to Edwards, Cawthorn largely went MIA in some of his duties as a congressman. By October, calls to his district office were met by a voice mail noting that he was winding down the office and not accepting any new casework — even though outgoing members of Congress typically keep the office open and transfer all the files to the incoming member so that there is no interruption of service to residents in their district.

Instead, Edwards said Cawthorn did not leave him anything — “no files, no data, no anything.”

“We had to start from scratch,” he said.

He tried to get a head start while serving out the remainder of his term in the North Carolina Senate, encouraging constituents who had met with silence from Cawthorn to contact his state office. He recently heard from students who thought Cawthorn was going to nominate them to military academies and were getting anxious as the deadline approached.

In the state Senate, he said, “our office mantra was first in constituent services. We’ve already made that the office mantra of this congressional office.”

Former surgeon general faces his wife’s cancer — and the ‘Trump Effect’

For staffers who have opted to work for Santos, a future on Capitol Hill could prove difficult to negotiate, said George McElwee, who served as chief of staff for former GOP congressman Charlie Dent from Pennsylvania and was also president of the House Chiefs of Staff Association.

“Particularly for staff in those senior roles, people are going to wonder why they’re there. Why are they continuing on?” said McElwee, who is now a lobbyist at a bipartisan firm he co-founded in Washington. “And it’s probably going to hurt them at some point in their job prospects.”

McElwee doesn’t expect Santos to be able to hang on to staffers who hope to have careers on the Hill.

“A lot of the folks in his office probably have an eye to the door and they’re trying to find the route to get out,” he said. “They know it’s not a stable environment for them in their political future.”

Read original article here

Keenan Anderson video: LAPD faces scrutiny after death of Black man who was repeatedly shocked with Taser

LAPD begins year with series of encounters that ended with three men dying


LAPD begins year with series of encounters that ended with three men dying

04:26

Los Angeles police are facing scrutiny following the in-custody death of a cousin of a key figure in the Black Lives Matter movement. Keenan Anderson, a 31-year-old Washington school teacher who was visiting Los Angeles, died early this month hours after officers repeatedly shocked him with a Taser.

Police said that when they arrived at the scene of a traffic accident on Jan. 3, in the L.A. neighborhood of Venice, they found Anderson running into the street and exhibiting “erratic behavior.”

The release Wednesday of dramatic body-camera footage of the incident has sparked angry demands for greater accountability by a police force that has faced past accusations of needless brutality.

In the footage, Anderson is seen lying on a pavement, held down by officers as another repeatedly shouts, “Turn over or I’m gonna Tase you” and “Stop it or I’m gonna Tase you!”

A clearly agitated Anderson shouts back, “They’re trying to George Floyd me… They’re trying to kill me” and “Help, please — I’m not resisting, I’m not resisting.”


Pacific Area ICD 1/3/2023 (NRF002-23) by
Los Angeles Police Department on
YouTube

Anderson’s death — he was the third person to die in police custody in L.A. so far this year — sparked angry reaction.

Mayor Karen Bass demanded the immediate suspension of the police officers involved, pending the outcome of an investigation.

And Rep. Barbara Lee of California tweeted: “I am outraged and heartbroken for Keenan… senselessly murdered by the police.”

She called for “systemic reform.”

In a video statement before the bodycam footage, LAPD Capt. Kelly Muniz, a spokeswoman, said investigations into officers’ use of force can often take up to a year to complete.

“Our understanding of the incident may change as…additional evidence is collected, analyzed and reviewed,” Muniz said.

Anderson’s cousin Patrisse Cullors co-founded the Black Lives Matter movement in 2020 amid outrage over the videotaped killing in Minneapolis of Floyd, a Black man, under the knee of a White police officer.

Anderson, who was eventually handcuffed and shackled, was taken to a hospital and died four hours later.

No cause of death has been officially established.

A statement from LAPD said Anderson had resisted arrest.

“Officers struggled with Anderson for several minutes, utilizing a TASER, bodyweight, firm grips, and joint locks to overcome his resistance,” it said.

But Cullors and others questioned that version of events.

“My cousin, Keenan, was actually really scared and he was asking for help repeatedly, and unfortunately that’s not what he received from LAPD,” Cullors told the Los Angeles Times. “Why wasn’t there help? Why wasn’t my cousin offered medical attention” at the scene.



Read original article here

Scrutiny mounts over Buffalo’s response to deadly blizzard

Comment

BUFFALO — The city of Buffalo’s response to the massive blizzard that left at least 34 people across the region dead came under growing attack Wednesday, as emergency responders continued to search for survivors and plows moved mini-mountains of snow that kept the city under a driving ban for a sixth consecutive day.

Speaking at a daily briefing, Mark Poloncarz, the executive of Erie County, which includes Buffalo, slammed city leaders for failing to clear streets quickly and accused Mayor Byron W. Brown’s administration of being disengaged in the coordinated local and state response. Poloncarz said the county “took over” cleanup in one-third of Buffalo and had discussed with state officials the possibility of assuming responsibility for all plowing inside city limits during future large storms.

“We have an elected officials call every morning, and the city of Buffalo was not on it,” Poloncarz said. He added: “The mayor is not going to be happy to hear about it, but storm, after storm, after storm, after storm, the city, unfortunately, is the last one to be opened, and that shouldn’t be the case. It’s embarrassing, to tell you the truth.”

Brown, speaking at a separate briefing minutes later, deflected the accusations, emphasizing that Buffalo was the hardest-hit area of a historic storm. He said Polocarz had not expressed concerns to him and insisted there was “no feud” between the two.

“People have been working around-the-clock since the beginning of this storm,” Brown said. “Some people handle that pressure a lot differently. Some keep working. Some keep trying to help the residents of our community, and some break down and lash out.”

In an interview later Wednesday, Brown again brushed off the accusations. “We get the frustration, the fear, the anger,” he said. “But everything that could have been done in the lead-up to the storm and during the storm was done.”

The blame-casting threatened to hamper coordination during the aftermath of the worst storm to hit the region since 1977 and drew fresh scrutiny to Brown, who has led the city for nearly 17 years. Brown was reelected in 2021 to a fifth term as a write-in candidate despite corruption scandals at City Hall and complaints about mismanagement in a deeply impoverished city.

“Our city government is failing us,” said community organizer India Walton, a socialist who was the Democratic nominee for mayor. “There’s deflection, gaslighting, excuse-making, and that means that 30 people are dead as a result, and somebody needs to be held accountable.”

Even in a famously snowy region, the storm had a crushing impact that experts and elected officials attributed to a combination of historic blizzard conditions, a scarcity of emergency management resources and the determination of some residents accustomed to extreme weather to carry on with their lives — especially in the days before Christmas.

And unlike past storms, which often hit small towns outside Buffalo hardest, this one walloped the city, imperiling more people, knocking out power to more residences and snarling streets packed with cars that ended up serving as roadblocks to emergency responders.

But questions about preparedness — including the timing of a travel ban, which was issued during the Friday morning commute just minutes before 79-mile winds hit the area — have mounted as Buffalo digs out from under the snowdrifts. Brown said Friday that the city was “absolutely” capable of dealing with the snow from a storm of this magnitude, but he also said “the city’s snow-fighting plan doesn’t address blizzards. It addresses normal snowfall.”

In an interview, Buffalo Common Council member Rasheed Wyatt said he did not “want to point fingers” but acknowledged that the storm revealed a need to review city plans. No changes were made after a large snowstorm in November, he noted.

“We have to learn some lessons from what happened,” Wyatt said, adding: “It’s a once-in-a-lifetime storm. But I’m not just going to put it all on that. There are things that we could have done better.”

Asked why the travel ban was not issued earlier, Poloncarz said officials weighed projections indicating the storm band would not hit until midmorning and the need for overnight shift workers to be able to get home. “If anyone’s to be blamed, you can blame me,” he said. “I’m the one who has to make the final call on behalf of the county.”

Officials said Buffalo’s driving ban is expected to remain in effect until at least Thursday morning, though they expressed concern that many residents were not heeding it, slowing clearing efforts. City and county crews were aiming to have at least one lane open on every street by Wednesday night, they said.

That timeline was little comfort to Buffalo residents who remained bound by snow nearly a week after the storm, frustrated with the inability to drive to buy groceries or medications. In the LaSalle neighborhood of Buffalo’s East Side, the streets were still barely passable Wednesday afternoon. Residents were scooping snow now dense and heavy after a day of higher temperatures.

Kazi Mohammad was using a snowblower in the driveway of a rental property trapped by a four-foot snow bank, dumped there by a front-end loader. Mohammad, a supervisor at a nonprofit, said he didn’t see any snow-clearing on his street until late Tuesday.

“I feel like the city has always been ill-prepared for snowstorms like this,” Mohammad said.

Up the street, Jesse and Nadine Mitchell cleared snow from around their car after digging out their driveway. Trucks, SUVs and the occasional car made their way down a narrow path cut in the snow.

Nadine Mitchell, her voice rising as she recounted her displeasure with the government response, blamed both Brown and Gov. Kathy Hochul (D).

“For a week, they knew this storm was coming,” she said. “So why would you not have National Guard already here in place?”

It’s always the poorest neighborhoods that get cleaned up last, Mitchell said — neighborhoods like hers.

“As a taxpayer, as a homeowner, how is it that we are always being left to be last to be dug the hell out?” she said.

With temperatures warming to the 40s, county officials said Wednesday they were now preparing for the possibility of flooding from snowmelt, though they said it was unlikely to cause problems.

Authorities were also dealing with many reports of looting, Buffalo Police Commissioner Joseph Gramaglia said. Authorities arrested nine suspects on Tuesday, he said, describing stores where “the shelves, the cash registers, things have absolutely been destroyed. It’s uncalled for. It’s disgusting, to be perfectly honest.”

At least 34 people in the county lost their lives to the storm, Poloncarz said, with 26 of those in Buffalo. Buffalo officials said 28 had died within city limits; it was unclear why those numbers differed.

More victims were likely to be found, officials warned. Members of the National Guard began fanning out Wednesday, going door to door to check on residents in neighborhoods that lost power, Poloncarz said.

“We are fearful that there are individuals who may have perished, including alone, or people who are not doing well in an establishment, especially those that still don’t have power,” Poloncarz said.

Among those who perished was lifelong resident and retired truck driver William Clay. According to his sister, Sophia Clay, he took seriously the threat of storms, having seen firsthand how the weather of this city on the edge of Lake Erie can turn in an instant from cold and still to a blinding, furious and deadly snow.

Sophia Clay last spoke to her brother around midnight Saturday morning — Christmas Eve — when she called to wish him a happy 56th birthday. “He sounded happy,” she said. “He told me he loved me, and that he would see me soon.”

A little while later, the family believes, Clay set out on foot to walk to a nearby convenience store to pick up last-minute supplies. That night, a relative arriving at Clay’s home found the house empty and alerted other family members.

Concerned, Sophia Clay posted a Facebook message asking neighbors to look out for her brother. Hours later, the family was alerted to a photograph circulating on social media of a man face down in the building snow blocks from her brother’s home. She knew it was him: She recognized his coat.

Sophia Clay said she called the Buffalo Police. “They said they were on their way,” she said. But hours later, the family was horrified to see new photos of the body still there. “Hours upon hours upon hours, he just laid there,” she said.

The family felt helpless. Driving was banned. Increasingly unconvinced local officials would respond, Clay’s relatives began to try to figure out a way to go pick up his body on their own.

Clay’s body was finally recovered late Saturday night or early Sunday morning. The family still hasn’t been able to go to the medical examiner’s office to see the body in person, though his sister identified her brother by a photo of a tattoo on his arm.

“I think he was overtaken by the storm and just became disoriented,” Sophia Clay said. “That’s the only thing I can think of, because he knew how bad these storms can be. He knew to be afraid.”

What is painful is that her brother was dressed for the elements. She confirmed through the coroner that her brother was wearing a coat and layers. He had his hat on. “It wasn’t enough,” she said.

Brianna Sacks contributed reporting.

Read original article here

Supreme Court leans toward limiting judicial scrutiny of U.S. elections

  • Justice debate “independent state legislature” doctrine
  • Liberal justices decry threat to “checks and balances”
  • Conservative-dominated court to rule by end of June

WASHINGTON, Dec 7 (Reuters) – The U.S. Supreme Court’s conservative majority on Wednesday appeared to ready to limit judicial power to overrule voting policies crafted by state politicians but might not go as far as Republican North Carolina lawmakers want in a case the liberal justices painted as a threat to American democratic norms.

The court heard arguments in a case the state lawmakers have used to try to persuade the justices to endorse a contentious legal theory gaining traction in conservative legal circles that would prevent state courts from reviewing the legality of actions by state legislatures regulating federal elections.

The Republican lawmakers are appealing the top North Carolina court’s decision to throw out the map they devised for the state’s 14 U.S. House of Representatives districts as unlawfully biased against Democratic voters. Another state court then replaced that map with one drawn by a bipartisan group of experts.

The Supreme Court has a 6-3 conservative majority, and its most conservative justices including Samuel Alito, Clarence Thomas and Neil Gorsuch appeared willing to embrace the “independent state legislature” doctrine presented by the Republican legislators.

While the conservative justices in general asked questions that indicated skepticism toward the state court actions, some signaled that the Republican argument that state constitutions cannot constrain the power of legislatures in setting rules for congressional and presidential elections might go too far.

Under the once-marginal legal theory they are now promoting, the lawmakers argue that the U.S. Constitution gives state legislatures – and not other entities such as state courts – authority over election rules and electoral district maps.

The court’s liberal justices suggested the doctrine could free legislatures to adopt all manner of voting restrictions. Lawyers arguing against it also said it could sow confusion by allowing voting rules that vary between state and federal contests.

“This is a proposal that gets rid of the normal checks and balances on the way big governmental decisions are made in this country,” liberal Justice Elena Kagan said, referring to the interaction between the executive, legislative and judicial branches of government. “And you might think that it gets rid of all those checks and balances at exactly the time when they are needed most.”

America is sharped divided over voting rights. Republican-led state legislatures have pursued new voting restrictions in the aftermath of Republican former President Donald Trump’s false claims that the 2020 election was stolen from him through widespread voting fraud.

The court’s eventual decision, due by the end of June, could apply to 2024 elections including the U.S. presidential race.

During the three-hour argument, the justices touched on the issue of enabling federal courts to review state court actions to ensure that judges do not behave like legislators or unfairly apply vague state constitutional provisions such as those requiring free and fair elections to disempower lawmakers.

Conservative Chief Justice John Roberts wondered whether such broadly worded provisions provide proper “standards and guidelines” for state courts to apply.

ALITO WEIGHS IN

Alito dismissed arguments that legislatures would be unchecked if the Republican position carried the day.

“Under any circumstances, no matter what we say the ‘Elections Clause’ means, Congress can always come in and establish the manner of conducting congressional elections,” Alito said, referring to the Constitution’s elections language.

The doctrine is based in part on the Constitution’s statement that the “times, places and manner” of federal elections “shall be prescribed in each state by the legislature thereof.” The Republican lawmakers argued that the state court usurped the North Carolina General Assembly’s authority under that provision to regulate federal elections.

Kagan said the theory would free state legislators to engage in the “most extreme forms of gerrymandering” – drawing electoral districts to unfairly improve a party’s election chances – while enacting “all manner of restrictions on voting,” noting that lawmakers by virtue of coveting re-election may have incentives to suppress, dilute and negate votes.

Kagan said the theory also could let legislatures insert themselves into the process of determining winners in federal elections – a sensitive issue following the Jan. 6, 2021, U.S. Capitol attack by Trump supporters who sought to block congressional certification of Biden’s 2020 election victory.

‘HISTORICAL PRACTICE’

Some conservative justices appeared to balk at aspects of the Republican arguments.

Justice Brett Kavanaugh emphasized the “historical practice” that “nearly all state constitutions regulate federal elections in some way.” Roberts said another check on a legislature’s power – a state governor’s veto – “significantly undermines the argument that it can do whatever it wants.”

David Thompson, arguing for the North Carolina lawmakers, said the Constitution “requires state legislatures specifically to perform the federal function of prescribing regulations for federal elections. States lack the authority to restrict the legislature’s substantive discretion when performing this federal function.”

Kavanaugh told Thompson that his position on the theory’s breadth “seems to go further” than that conceived by then-Chief Justice William Rehnquist in a concurrence to a 2000 ruling deciding a presidential election’s outcome – an opinion seeing state courts as exceeding their authority on federal elections.

North Carolina’s Department of Justice is defending the state high court’s February ruling alongside the voters and voting rights groups that challenged the map approved by the legislature in November 2021. They are backed by Democratic President Joe Biden’s administration.

Elizabeth Prelogar, arguing for Biden’s administration, said empowering state legislatures the way the Republicans want would “wreak havoc in the administration of elections across the nation” and cause federal courts to become flooded with lawsuits concerning state-administered elections.

Reporting by Andrew Chung in Washington and Nate Raymond in Boston; Editing by Will Dunham

Our Standards: The Thomson Reuters Trust Principles.

Nate Raymond

Thomson Reuters

Nate Raymond reports on the federal judiciary and litigation. He can be reached at nate.raymond@thomsonreuters.com.

Read original article here

The Ultimate News Site