Motley Moose – Archive

Why is this man smiling?

Federal Appeals Court Blocks North Carolina Voting Restrictions in Time for Midterm Election

CHARLOTTE, N.C. – The Fourth Circuit Court of Appeals today reversed a lower court ruling that had allowed provisions of North Carolina’s restrictive voting law to go into effect before the midterm election. Today’s order restores same-day registration and reinstates out-of-precinct provisional voting on Voting Rights Act grounds. The American Civil Liberties Union and the Southern Coalition for Social Justice are challenging those provisions, as well as the elimination of a week of early voting.

“The court’s order safeguards the vote for tens of thousands of North Carolinians. It means they will be able to continue to use same-day registration, just as they have during the last three federal elections,” said Dale Ho, director of the ACLU’s Voting Rights Project.

“This is a victory for voters in the state of North Carolina,” said Southern Coalition for Social Justice staff attorney Allison Riggs. “The court has rebuked attempts to undermine voter participation.”

The ruling

Judge James Wynn, an Obama appointee, begins his opinion with a simple declaration – “[t]he right to vote is fundamental.” He then holds that two provisions of the new voter suppression law, the provision eliminating same-day registration and the provision calling for a voter’s ballots to be tossed out if they vote in the wrong precinct, must be suspended pending a full trial of this case on the merits.

Judge Wynn’s opinion reverses the decision of a George W. Bush appointed judge who allowed the entire law to take effect.

PDF of the ruling is here (PDF): NC-Opinion

The Reverend William Barber III deserves credit for not letting up on demanding the right to vote.

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UPDATED: October 2, 2014 8:20am CDT

The ACLU has requested an emergency stay of the voter id requirement for next month’s election

PDF of the brief is here: EMERGENCY APPLICATION TO VACATE SEVENTH CIRCUIT STAY OF PERMANENT INJUNCTION

Yesterday’s Marquette University Poll of the Wisconsin governors race included polling on voter id. Roughly 30% of those polled did NOT realize that the voter id law was going into affect for this election and 1.2% of registered voters, about 44,000, do not have an id.

On Thursday, Justice Kagan asked for a response brief from the State of Wisconsin, due Tuesday, 10/7 at 5pm.

More good voting news below …

… nor is being required to sell a cake to same-sex couples (or their friends and family) “trampling” a baker’s religious freedom.

During my morning news reading, I came across this story in ThinkProgress reporting on a Colorado judge’s ruling against the baker who refused to bake a cake for a same-sex couple.

Colorado Judge: Bakery That Refused Wedding Cake To Same-Sex Couple Broke The Law

In July of 2012, the Masterpiece Cakeshop in Colorado refused to sell a wedding cake to a same-sex couple who were planning to celebrate with friends and family the marriage they had received in Massachusetts. The couple, Dave Mullins and Charlie Craig, filed a complaint, and the Colorado Attorney General proceeded to do the same, and Friday, Administrative Law Judge (ALJ) Robert Spencer ruled against Jack Phillips, the owner of the bakery.

The complaint had been filed on behalf of the couple by the ACLU who had this to say about the ruling:

“Masterpiece Cakeshop has willfully and repeatedly considered itself above the law when it comes to discriminating against customers, and the state has rightly determined otherwise,” said Sara R. Neel, staff attorney with the ACLU of Colorado. “It’s important for all Coloradans to be treated fairly by every business that is open to the public – that’s good for business and good for the community.”

Finally, the trial many New Yorkers and those who care about civil liberties, racial profiling and the criminal injustice system across the U.S. is underway in the New York City Federal Courthouse at Pearl Street.