Saturday, November 28, 2020
Counting The Numbers > Fast-Tracking The 2020 Census: Trump's Final Supreme Court Showdown on Immigration Policies
Critics of the Trump push say those words leave no room for interpretation. That’s an argument that could resonate with Trump’s three Supreme Court appointees -- Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett -- all of whom advocate interpreting laws strictly according to their text.
Census Gives Trump a Final Supreme Court Showdown on Immigration
President Donald Trump’s administration has one last blockbuster showdown at the Supreme Court over his divisive immigration policies, and this one goes to the heart of how U.S. political power is allocated.
In an argument set for Monday, the administration will seek the right to exclude undocumented immigrants from the census count used to divvy up congressional seats and federal funds. The move would change more than two centuries of practice in a nation that has always counted non-citizen residents, . .
Presidential Discretion
The Trump administration contends the laws leave room for the president to exclude people who are in the country illegally. The administration’s top Supreme Court lawyer, acting U.S. Solicitor General Jeffrey Wall, argued in court papers that the phrase “persons in each state” means “inhabitants,” a term whose application requires the use of judgment.
“The president need not treat all illegal aliens as ‘inhabitants’ of the states and thereby allow their defiance of federal law to distort the allocation of the people’s representatives,” Wall argued.
Supporters of the president’s effort say his approach is long overdue.
“What’s at stake is whether the American people are represented in Congress or whether others who are not part of the American people are also represented in Congress,” said Christopher Hajec, director of litigation at the Immigration Reform Law Institute.
The administration must also defend against contentions that the plan is unconstitutional. In a separate case in California, a court said Trump was violating a constitutional provision that requires congressional seats to be apportioned according to the “whole number of persons in each state. . ."
More Transparency In Real Estate
Good-To-Know:
Justice Department Sues Realtor Group To Enforce Transparency Rules
"Realtors will have to disclose commissions and change listing practices to be more transparent. The move is in response to a lawsuit filed last week by the U.S. Department of Justice against the National Association of Realtors.
The lawsuit claims anti-competitive practices by traditional real estate agents in the Multiple Listing Service, or MLS. The U.S. DOJ says the system now is anti-competitive. In the terms, the NAR and related MLS organizations are no longer allowed to prohibit non-members from using lockboxes that prevent non-members from seeing a property.
“Real Estate Agents, residential real estate agents in particular, control the information, and that’s the single biggest advantage that they have is their ability to control what is on the market and all of the information about that property including what they will get paid,” said Mark Stapp, executive director of the Real Estate Master’s Program at the WP Carey School of Business.
Stapp said this ruling has particular interest to the Phoenix metro because Zilliow, Offerpad and other non-MLS based companies started in the Valley.
Zillow and Redfin are essentially MLS services of their own, Stapp said, noting the only major difference being that to list on MLS, an agent must be a paying member of the service to use it and also have a real estate license. He said that means real estate agents who are not part of an MLS group and brokers who are not part of the NAR couldn’t use lockboxes to see houses unless they became members and paid dues. "
Arizona GOP Chair Kelli Ward > Dropping A Few More Eggs To Feather Trump's "Cuckoo Nest"
"Chemo-Trail Kelli" has a new perch, but this time she's out-on-a-limb joined by some of the state's political fringe (Gosar, Biggs to name only two) with one more 'loco'- lawsuit to get filed by November 30th.
Here's just one story on the ballot re-count
AZGOP chair eyes nullification of presidential election in new lawsuit
Arizona Republican Party Chair Kelli Ward wants a judge to allow her to examine ballots to determine if any were improperly counted in an effort to overturn President-elect Joe Biden’s victory, though she hasn’t shown any evidence of the theoretical problems she’s alleging.
". . .Ward plans to bring suit under a state law permitting any voter in the state to challenge election results on grounds of misconduct by election officials, illegal votes or if the loser is declared the winner through an “erroneous count of votes.” She is suing in her capacity as an individual and as an elector for President Donald Trump.
It is the latest challenge from state Republicans to the results of the election, which Biden won by about 10,500 votes. This is the fifth lawsuit involving Arizona’s election results and the second involving Ward.
According to the proposed complaint, the chairwoman will request that “the Court declare that the certificate of election of the Biden electors is of no further legal force or effect,” and “that the election is annulled and set aside” in accordance with a state law permitting a judge to reject the outcome of an election if a lawsuit shows that result to be improper. If an inspection of ballots proves Trump got the highest number of votes, Ward wants the judge to declare his electors as the winners.
But before a judge can nullify the results of the presidential election in Arizona, Ward must show that enough votes were improper to warrant such a drastic result. And in order to help her show that, she’s asking a judge to allow her to examine ballots while she prepares to file her lawsuit after the state canvass of the 2020 general election is certified on Monday.
Maricopa County Superior Court Judge Randall Warner will hold a hearing in the matter on Monday at 10:30 a.m.
. . .
Fraud involving ballot signatures is rare, according to election officials in Arizona, where the majority of people vote by early ballot, as well as in other states that conduct all-mail elections, a list that includes Colorado, Hawaii, Oregon, Utah and Washington.
The lawsuit also alleges that there could have been problems with “duplicate” ballots in the East Valley-based 5th Congressional District and the suburb of Queen Creek, which is part of the district.
. . . several Republican elected officials raised questions after Garrett Archer, an elections data analyst with ABC15 and former Secretary of State’s Office employee, reported that in one precinct of Queen Creek with more than 1,000 voters, Trump won 67.4 percent of the vote in 2016 but only 58.5 percent in 2020.
. . .
It’s unclear who will defend against the lawsuit. Hobbs isn’t named as a defendant, nor is Maricopa County or any county officials. The only defendants are the 11 Democratic electors who are committed to Biden, a list that includes Arizona Democratic Party Chair Felecia Rotellini, Tohono O’odham Chairman Ned Norris, Navajo Nation President Jonathan Nez, Tucson Mayor Regina Romero, Corporation Commissioner Sandra Kennedy, Gila River Indian Community Gov. Stephen Roe Lewis and Maricopa County Supervisor Steve Gallardo.
The Maricopa County Board of Supervisors met in executive session to receive legal advice about the lawsuit on Wednesday. A spokesman for the county wouldn’t comment on whether the board plans to intervene as a defendant.
This is the second lawsuit that Ward and Wilenchik have brought since Election Day. The Arizona Republican Party sued Maricopa County, alleging that it improperly conducted its post-election hand count of ballots. A Maricopa County Superior Court judge dismissed the suit and took the rare move of inviting the Secretary of State’s Office to seek attorney’s fees under a statute pertaining to frivolous or bad-faith lawsuits.
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In an article today, published in the New York Times, it had this to say about Kelli Ward:
"The election’s results are also showing just how much the state party is tied to Mr. Trump. Kelli Ward, the chairman of the state’s Republican Party, has refused to accept Mr. Trump’s defeat and repeatedly raised the possibility that cheating took place, without evidence, and has received support from two of the state’s congressmen, Paul Gosar and Andy Biggs.
Ms. Ward said in an interview that more lawsuits are on the horizon, and that the president has other options available to him even if his lawsuits continue to fail, though she declined to specify what those could be. . ."
SOURCE: https://www.nytimes.com/2020/11/28/us/politics/arizona-settles-in-to-life-as-a-magenta-state.html
“There are more coming, and you don’t always have to have a lawsuit to get to the bottom of election fraud. There are a lot of irregularities, those are going to continue to come out,” she said.
ICE Barbie and Alleged Lover Face Ax as Trump Purges Goons
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