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Wednesday, November 5, 2014
State Constitutional Amendments on the Ballot
In addition to the candidates, Tuesday's ballots contained a wide variety of proposed state constitutional amendments--from protecting and curtailing fundamental rights, to taxes, to structure and governance issues.
Maybe most notably, Colorado and North Dakota voters rejected a personhood amendment, while Tennessee voters approved an amendment giving lawmakers more power to regulate abortions.
Here's a sampling of other approved amendments:
Alabama voters passed an amendment to ban the use of foreign law in state courts, and another one to strengthen the state's constitutional right to hunt.
Illinois voters passed an amendment banning discrimination in the vote and another one that expands the rights of crime victims in the criminal justice system.
Mississippi voters aproved an amendment creating a right to hunt and fish.
Missouri voters approved an amendment to make it easier to prosecute sex crimes against children, and another one to limit the governor's ability to withhold money from the state budget.
North Carolina voters approved an amendment allowing criminal defendants to choose a judge or a jury trial.
South Carolina voters approved an amendment allowing certain nonprofits to hold raffles and use proceeds for charitable causes, and another allowing the governor to appoint the head of the South Carolina National Guard with consent of the Senate.
Tennessee approved four amendments: one to give lawmakers more power to regulate and restrict abortions; two to give more power to the governor in appointing judges (and to take that power away from a judicial nominating commission); three to forbid a state income tax; and four to allow the legislature to authorize lotteries to certain nonprofits.
Utah voters passed an amendment clarifying the term of an appointed lieutenant governor.
Virginia voters approved an amendment that exempts from local property taxes the home of a surviving spouse of an armed forces member who was killed in action.
Wisconsin voters approved an amendment that prevents governors and legislators from using state transportation funds for other purposes.
Here's a sampling of rejected amendments:
Colorado voters overwhelmingly rejected a personhood amendment.
Florida voters rejected a medical marijuana amendment. (Voters in other states also voted on marijuana initiatives, but Florida's was a proposed constitutional amendment.)
Idaho voters rejected an amendment that would allow the legislature to veto rules put in place by executive branch agencies.
Missouri voters rejected an amendment to evaluate K-12 teachers based on student performance instead of seniority, and another amendment to create a limited early voting period.
North Carolina voters rejected a personhood amendment.
November 5, 2014 in Comparative Constitutionalism, Elections and Voting, News, State Constitutional Law | Permalink | Comments (0) | TrackBack (0)
Tuesday, November 4, 2014
Kansas Federal Judge Holds State's Same-Sex Marriage Bans Unconstitutional
In a 38 page opinion in Marie v. Moser, Judge Daniel Crabtree held that Kansas' state constitutional provisions and statutes prohibiting same-sex marriages violates the Fourteenth Amendment.
This is not surprising given the Tenth Circuit's opinions in Bishop v. Smith (finding Oklahoma's same-sex marriage prohibition unconstitutional) and Kitchen v. Herbert (finding Utah's same-sex marriage prohibition unconstitutional and the United States Supreme Court's denial of certiorari in these cases a month ago. As Judge Crabtree states: "When the Supreme Court or the Tenth Circuit has established a clear rule of law, our Court must follow it."
But, although the result may not be surprising, the opinion does have two odd aspects.
First, why is the opinion 38 pages? Shouldn't this opinion be more like last month's four page opinion by the Arizona federal judge stating that it is bound by the Circuit opinion? And indeed, Judge Crabtree's analysis of the Circuit precedent is relatively brief. However, Judge Crabtree's opinion also contains not only a brief discussion of the parties and the challenged laws, but a careful consideration of a variety of other matters including those related to justicability and jurisdiction:
- Standing (generally focusing on redressability, but including a claim that because the plaintiffs are a same-sex female couple, they cannot argue the constitutionality of the Kansas laws as applied to same-sex male couples);
- Eleventh Amendment
- Domestic Relations Exception to federal court jurisdiction
- Absention (including Pullman, Younger, Colorado River, Burford, Rooker-Feldman)
Additionally, Judge Crabtree considered an argument that the correct precedent was not the Tenth Circuit opinion, but a Kansas state court opinion (to which the United States Supreme Court denied certiorari).
Judge Crabtree rejected all of these arguments, but in a careful and considered manner.
Second, why did Judge Crabtree grant a stay to the defendants? Judge Crabtree's answer is related to the length of the opinion. He states that although
the Tenth Circuit has settled the substance of the constitutional challenge plaintiffs' motion presents. And under the Circuit's decisions, Kansas law is encroaching on plaintiffs constitutional rights. But defendants' arguments have required the Court to make several jurisdictional and justiciability determinations, and human fallibility is what it is; the Circuit may come to a different conclusion about one of these threshold determinations. On balance, the Court concludes that a short-term stay is the safer and wiser course.
Thus Judge Crabtree stayed the injunction until November 11, unless the defendants inform the court they will not appeal. Perhaps the state officials in Kansas will conclude that it would be a waste of taxpayers' money as did the state officials in Arizona. Or perhaps not.
November 4, 2014 in Due Process (Substantive), Equal Protection, Family, Fundamental Rights, Opinion Analysis, Recent Cases, Sexual Orientation | Permalink | Comments (0) | TrackBack (0)
Monday, November 3, 2014
Who Gets to Say Whether Israel Can Go on a Passport?
The Supreme Court heard oral arguments on Monday in Zivotofsky v. Kerry, the case testing whether Congress can require the State Department to list "Israel" as the country of birth for a U.S. citizen born in Jerusalem, upon the request of that citizen. The State Department has long declined to list "Israel" (or "Palestinian Territories" or the like) as the country of birth on such a passport, in order to promote its long-standing position of neutrality with regard to sovereignty over Jerusalem. This case tests which branch gets to decide whether Congress, or the executive branch, gets to decide what goes on the passport.
If arguments are any indication, this'll be a 5-4 opinion, along conventional lines (conservatives for Congress; progressives for the President). In short, conservatives didn't seem to think the Act's place-of-birth designation mattered much to recognition or to foreign affairs (or, as Justice Kennedy suggested, that its impact could be mitigated), and therefore that the Act didn't seriously interfere with any exclusive powers of the presidency. Progressives took the opposite view.
Zivotofsky tried to steer the Court toward his argument that the country-of-birth deisgnation on a passport has nothing to do with official recognition of a foreign sovereign. This position could allow the Court to dodge a thorny separation-of-powers problem entirely, by hanging its hat on the idea that the country-of-birth designation serves only an identification purpose, not a sovereign-recognition purpose. If so, the Court could rule for Zivotofsky by saying that Congress can require anything it wants in the place-of-birth line, because it doesn't interfere with the President's recognition power. (Or, as the government argued, the Court could rule for the government, saying that the congressionally required designation in effect requires the President to issue a diplomatic communication that contradicts the President's own recognition and foreign policy. But this would require at least some consideration of constitutional separation of powers--in particular, whether the President's power of recognition is exclusive.)
This approach seemed to get the attention of the conservatives on the Court. In particular, Justices Kennedy and Scalia in different ways seemed to suggest that the country-of-birth designation didn't recognize sovereignty. (If not, however, Justice Kennedy at one point wondered why Congress would have passed it in the first place.) Justice Kennedy returned several times to the ideal of a State Department disclaimer--that State could just write a statement that the place-of-birth designation didn't reflect the policy of the United States. And Chief Justice Roberts wondered later in the arguments whether the President's objections to the Act and the executive's position in litigation amount to a self-fulfilling prophecy--that is, whether designating "Israel" wasn't really all that big of a deal, until the President made it so. (This exchange, with SG Verilli, came up in a line of questions about why President Bush signed the Act in the first place, even with his constitutional reservations in the signing statement.) All these, and Justice Alito, suggested at different times that the country-of-birth designation wasn't all that important, anyway--a corollary to the country-of-birth-designation-as-mere-identification theory.
But Justice Kagan pushed back against the self-identification theory: she called the Act a "very selective vanity plate law," because it allows a passport holder to determine the designation of country of birth. She also underscored the passport-as-diplomatic-note point by asking whether a hypothetical congressional act would be constitutional if it required the State Department to inform all foreign minister that a new American was born in Israel whenever a new American was born in Jerusalem. (Zivotofsky's answer: Yes. Justice Kagan called this "a little bit shocking.") Justice Sotomayor went a step further and said (several times) that Zivotofsky and Act supporters wanted the government to lie--to say that Israel was the place of birth, even though the government doesn't recognize Israel as sovereign over Jerusalem.
Justice Breyer took an institutional competence view of the case, asking if the foreign affairs experts at the State Department declined to recognize Israeli sovereignty over Jerusalem, who was he to question them?
Justice Kagan took the final shot at the it-doesn't-matter-that-much view at the very end of arguments:
Can I say that this seems a particularly unfortunate week to be making this kind of, "oh, it's no big deal" argument. I mean, history suggests that everything is a big deal with respect to the status of Jerusalem. And right now Jerusalem is a tinderbox because of issues about the status of and access to a particularly holy site there. And so sort of everything matters, doesn't it?
It seems doubtful that she'll persuade her conservative colleagues.
November 3, 2014 in Cases and Case Materials, Congressional Authority, Executive Authority, News, Oral Argument Analysis, Separation of Powers | Permalink | Comments (0) | TrackBack (0)
Tuesday, October 28, 2014
Court Dismisses Challenge to IRS Non-Profit Process
Judge Reggie B. Walton (D.D.C.) yesterday dismissed an action by True the Vote against the IRS for politicized foot-dragging on its 501(c)(3), not-for-profit application. The ruling ends True the Vote's case against the IRS, with very little chance of a successful appeal.
True the Vote sued the IRS after the agency took a long time with its 501(c)(3) application and requested additional information from the organization before granting not-for-profit status. True the Vote argued that the IRS did this because True the Vote was a politically conservative organization aligned with the Tea Party, in violation of the First Amendment, the IRC, and the APA.
But Judge Walton dismissed the organization's claims for declaratory and injunctive relief as moot, after the IRS ultimately granted 501(c)(3) status, leaving nothing more for the court to order in terms of relief. The court also ruled that the "voluntary cessation" exception didn't apply, because the IRS, by the plaintiff's own reckoning (and the court's judicial notice), "suspended" its "targeting scheme" on June 30, 2013, and wouldn't re-engage in the footdragging.
Judge Walton dismissed the plaintiff's claim for monetary relief, ruling that there's no Bivens remedy, because the IRC already provides a comprehensive statutory remedial scheme. (It didn't matter that the plaintiff didn't like the scheme, only that it existed.)
Finally, Judge Walton dismissed the plaintiff's statutory claim that the IRS requested and inspected more information than necessary from True the Vote, because the IRC allows it to do that.
True the Vote can appeal, but Judge Walton's ruling is likely to be upheld.
October 28, 2014 in Cases and Case Materials, First Amendment, Jurisdiction of Federal Courts, Mootness, News, Opinion Analysis | Permalink | Comments (0) | TrackBack (0)
Friday, October 24, 2014
ConLaw Programs at AALS
The AALS Annual Meeting will be held January 2-5, 2015, and will feature a number of programs of interest to ConLawProfs, including:
- Perspectives on Federal Power Under the Reconstruction Amendments (Section on Constitutional Law)
- Liberty-Equality: Gender, Sexuality, and Reproduction- Griswold v. Connecticut Then and Now (Section on Constitutional Law, Co-Sponsored by Sections on Legal History and Women in Legal Education)
- Religious Beliefs and Political Agendas: What Role Should Faith Play in the Public Square (Section on Jewish Law, Co-Sponsored by Section on Islamic Law)
- Engendering Equality: A Conversation with The Honorable Ruth Bader Ginsburg, Associate Justice, Supreme Court of the United States, and New Voices in Women's Legal History (Joint Program of Sections on Legal History and Women in Legal Education, Co-Sponsored by Section on Constitutional Law)
- Transgender Equality: Prisons, Workplace, and Academic Institutions (Section on Sexual Orientation and Gender Identity Issues)
- Voter Suppression, the 2014 Elections and Beyond (Section on Civil Rights)
- The Future of Marriage (Section on Family and Juvenile Law)
- The Voting Rights Act at 50 (Section on Election Law)
- How (Not to) Provide Statutory Accommodations for Religion (Section on Law and Religion)
- Congressional Dysfunction and Executive Lawmaking During the Obama Administration (AALS Academic Symposium)
- Legislation/Regulation and the Core Curriculum (Section on Legislation & Law of the Political Process)
- Designing a Regulatory System for the Age of Decentralized Virtual Currencies (AALS Crosscutting Program)
- Competition Policy in Health Care (Section on Antitrust and Economic Regulation, Co-Sponsored by the Section on Law, Medicine and Health Care)
- The Rising Bar to Federal Courts: Beyond Pleading and Discovery (Section on Civil Procedure)
- After Bay Mills: The Longevity of Tribal Sovereign Immunity (Section on Indian Nations and Indigenous Peoples)
- The Role of History in the Federal Courts Canon (Section on Federal Courts)
- The Future of the Federal Housing System (Joint Program of Sections on Financial Institutions and Consumer Financial Services and Real Estate Transactions)
- Net Neutrality: Where does the FCC go from here? (Section on Mass Communications Law)
- Anita F. Hill, Supreme Court Confirmation Hearings, and a Screening of the Film "Anita" (AALS Crosscutting Program)
- The Fifty Years War: Can Legislation Ameliorate Poverty? (AALS Crosscutting Program)
- Richard Posner and Stanley Fish: Revising Interpretation (Section on Law and Interpretation)
October 24, 2014 in Conferences, Scholarship | Permalink | Comments (0) | TrackBack (0)
Thursday, October 23, 2014
CAC Examines Roberts at 10
The Constitutional Accountability Center is examining Chief Justice John Roberts's first decade in office in a series of posts and articles called Roberts at 10. Here's the intro.
Brianne Gorod, the CAC's appellate counsel, posted most recently on Chief Justice Roberts and federal power, in particular, NFIB. Here's her conclusion:
[I]t is nonetheless clear that the Chief Justice is concerned about the scope of federal power and, in particular, the breadth of the federal regulatory state . . . . And while Chief Justice Roberts may not have the same appetite to change the law in these areas as Chief Justice Rehnquist had, it also seems clear that Chief Justice John Roberts's views on the Commerce Clause and the Spending Clause aren't exactly what Judge Roberts presented them to be at his confirmation hearing in 2005. Just how different they are . . . remains to be seen. But supporters of the Affordable Care Act shouldn't give Chief Justice Roberts too much credit for his decision in NFIB. It's complicated.
October 23, 2014 in Cases and Case Materials, Commerce Clause, Congressional Authority, News, Scholarship | Permalink | Comments (0) | TrackBack (0)
Wednesday, October 22, 2014
Pennsylvania's New Prisoner Speech Statute
By its terms, the new "Revictimization Act" passed by the Pennsylvania legislature and signed into law by the Governor today is more than a bit vague. It provides:
Section 1304. Revictimization relief.
(a) Action.--In addition to any other right of action and any other remedy provided by law, a victim of a personal injury crime may bring a civil action against an offender in any court of competent jurisdiction to obtain injunctive and other appropriate relief, including reasonable attorney fees and other costs associated with the litigation, for conduct which perpetuates the continuing effect of the crime on the victim.
(b) Redress on behalf of victim.--The district attorney of the county in which a personal injury crime took place or the attorney general, after consulting with the district attorney, may institute a civil action against an offender for injunctive or other appropriate relief for conduct which perpetuates the continuing effect of the crime on the victim.
(c) Injunctive relief.--Upon a showing of cause for the issuance of injunctive relief, a court may issue special, preliminary, permanent or any other injunctive relief as may be appropriate under this section.
(d) Definition.--As used in this section, the term "conduct which perpetuates the continuing effect of the crime on the victim" includes conduct which causes a temporary or permanent state of mental anguish.
Press reports, including a segment on Democracy Now, make clear that the statute is directed at Mumia Abu-Jamal (pictured right). Before signing the bill, the Governor reportedly visited a plaque commemorating the police officer Abu-Jamal was convicted of killing; the Governor was accompanied by the police officer's widow. The Governor's remarks stated that "convicted felons in prison" have "surrendered their rights" and further that "nobody has a right to continually taunt the victims of their violent crimes in the public square."
Whether any injunction against Mumia Abul-Jamal for making a speech to a graduating class - - - seemingly the incident that provoked this law - - - could survive a First Amendment challenge is doubtful. Recall that the United States Supreme Court held unconstitutional the so-called "Son of Sam" law in Simon & Schuster v. Crime Victims Board (1991). More recently, the Court decided Snyder v. Phelps (2011) essentially holding that free speech trumped the tort of intentional infliction of emotional distress. As for prisoners, the applicable standard under Turner v. Safley (1987) interrogates the curtailment of First Amendment rights in relation to "legitimate penological interests." Here, it seems, the government interest is far removed from penological interests, but instead focuses upon the interests of preventing "revictimization."
This might make an excellent in-class exercise for ConLawProfs. Or perhaps it is so easy?
It's sure to be challenged.
UPDATE: And here's the challenge.
October 22, 2014 in Current Affairs, First Amendment, Speech | Permalink | Comments (2) | TrackBack (0)
Federal Judge in Puerto Rico Dismisses Challenge to Same-Sex Marriage Ban
In his opinion in Conde-Vidal v. Garcia-Padilla, United States District Judge for the District of Puerto Rico Juan Perez-Gimenez dismissed the constitutional challenge to Puerto Rico's law defining marriage as "man and woman" and refusing recognition to marriages "between persons of the same sex or transexuals."
In large part, Judge Perez-Gimenez relied upon Baker v. Nelson, the United States Supreme Court's 1972 dismissal of a same-sex marriage ban challenge "for want of substantial federal question." For Judge Perez-Gimenez, this dismissal remains binding precedent for several reasons. Judge Perez-Gimenez finds that Baker remains good law despite the "nebulous 'doctrinal developments" since 1972. He rejects the precedential value of Windsor v. United States in this regard: "Windsor does not - - - and cannot - - - change things." He acknowledges and cites authority to the contrary, but finds it unpersuasive. He specifically rejects the relevance of the Supreme Court's denial of certiorari from circuit decisions finding same-sex marriage bans unconstitutional in light of the more solid precedent of Baker v. Nelson.
Judge Perez-Gimenez also grounds his adherence to Baker v. Nelson on the First Circuit's opinion in Massachusetts v. HHS, finding DOMA unconstitutional. The First Circuit's discussion of Baker v. Nelson is somewhat unclear, but Judge Perez-Gimenez rejects the argument that they are dicta and further reasons even if the statements are dicta, "they would remain persuasive authority, and as such, further support the Court's independent conclusions about, and the impact of subsequent decisions on, Baker."
Judge Perez-Gimenez articulates a perspective of judicial restraint, articulating deference to the democtratic institutions of Puerto Rico and adherence to stare decisis. But in the opinion's conclusion, he makes his own views clear:
Recent affirmances of same-gender marriage seem to suffer from a peculiar inability to recall the principles embodied in existing marriage law. Traditional marriage is "exclusively [an] opposite-sex institution . . . inextricably linked to procreation and biological kinship," Windsor, 133 S. Ct. at 2718 (Alito, J., dissenting). Traditional marriage is the fundamental unit of the political order. And ultimately the very survival of the political order depends upon the procreative potential embodied in traditional marriage.
Those are the well-tested, well-proven principles on which we have relied for centuries. The question now is whether judicial "wisdom" may contrive methods by which those solid principles can be circumvented or even discarded.
A clear majority of courts have struck down statutes that affirm opposite-gender marriage only. In their ingenuity and imagination they have constructed a seemingly comprehensive legal structure for this new form of marriage. And yet what is lacking and unaccounted for remains: are laws barring polygamy, or, say the marriage of fathers and daughters, now of doubtful validity? Is "minimal marriage", where "individuals can have legal marital relationships with more than one person, reciprocally or asymmetrically, themselves determining the sex and number of parties" the blueprint for their design? *** It would seem so, if we follow the plaintiffs' logic, that the fundamental right to marriage is based on "the constitutional liberty to select the partner of one's choice."
Undoubtedly, this issue is on its way to the First Circuit. The states in the First Circuit - - - Rhode Island, Massachusetts, New Hampshire, and Maine - - - all have same-sex marriage without federal court decisions, so this decision from the District of Puerto Rico will provide the First Circuit the opportunity to reconsider Baker v. Nelson and the applicability of its DOMA decision, Massachusetts v. Gill.
Although perhaps the challengers to the same-sex and "transsexual" marriages might seek to have the issue decided by the Puerto Rican Supreme Court.
October 22, 2014 in Due Process (Substantive), Equal Protection, Family, Opinion Analysis, Recent Cases, Sexual Orientation, Sexuality, Supreme Court (US) | Permalink | Comments (1) | TrackBack (0)
Monday, October 20, 2014
First Circuit Finds Billboard Company has Standing in First Amendment Challenge to Massachusetts Scheme
Reversing the district judge, a unanimous panel of the First Circuit held that a billboard company had standing to challenge the Massachusetts regulatory scheme in Van Wagner Boston LLC v. Davey. The opinion, authored by Judge Bruce Selya who is known for his ambitious language, concludes that
the complaint plausibly alleges that the plaintiffs are subject to a regulatory permitting scheme that grants an official unbridled discretion over the licensing of their expressive conduct and poses a real and substantial threat of censorship. No more is exigible to give the plaintiffs standing to proceed with their challenge.
The First Circuit largely relied on City of Lakewood v. Plain Dealer Publishing Co., 486 U.S. 750 (1988) in which the Court held unconstitutional a municipal scheme giving the mayor the power to grant or deny applications for annual permits to publishers to place their newsracks on public property; the Court allowed the publishers to proceed with the facial challenge although they had not yet applied for a permit. The First Circuit thus rejected Massachusetts' claim that the company could not show injury in fact because the company "had applied for over seventy permits without having a single application denied." For the court, it was "too optimistic" to think that the "censorship risks are only theoretical." Instead, it noted that the company "is a large, repeat player in the world of outdoor advertising" and "it may plausibly fear incurring the Director's ire any time an existing or potential client seeks to display what might be deemed a controversial message."
The First Circuit also rejected Massachusetts' argument that the "case implicates strictly commercial speech" and thus a lesser standard should apply:
The factual premise of the Commonwealth's thesis is simply wrong. It confuses a recognized category of First Amendment analysis — commercial speech simpliciter — with something quite different: those who have a commercial interest in protected expression.
The court ends its opinion with the statement that it expresses "no opinion on the merits of Van Wagner's First Amendment claim."
To say more about standing would be supererogatory. The short of it is that Van Wagner has plausibly alleged that it is subject to a regulatory permitting scheme that chills protected expression by granting a state official unbridled discretion over the licensing of its expressive conduct. It follows — as night follows day — that Van Wagner has standing to mount a facial challenge to that regulatory permitting scheme.
The court mentioned but stated it was not considering Massachusetts' argument that the scheme's numerous factors howed that the discretion was not unbridled but properly cabined. The district judge will now be taking up this very question under First Amendment doctrine.
October 20, 2014 in Courts and Judging, First Amendment, Opinion Analysis, Speech, Standing | Permalink | Comments (0) | TrackBack (0)
Saturday, October 18, 2014
Supreme Court Allows Texas Voter ID
The Supreme Court today rejected the applications by the Justice Department and civil rights groups to vacate the Fifth Circuit's stay of a district judge's injunction against Texas's voter ID law, SB 14. The ruling means that Texas can implement voter ID under SB 14 in the fall elections.
We most recently posted on the case (the Fifth Circuit ruling, with links to the district court ruling) here.
The brief, unsigned order simply rejected the applications for a stay.
But Justice Ginsburg wrote a dissent, joined by Justices Sotomayor and Kagan. Justice Ginsburg distinguished the Texas case from the North Carolina and Ohio cases, writing that "[n]either application involved, as this case does, a permanent injunction following a full trial and resting on an extensive record from which the District Court found ballot-access discrimination by the State." She also wrote that the Fifth Circuit didn't properly defer to the district court ruling, and that halting SB 14 wouldn't cause disruption or confusion in the election (the Fifth Circuit's principal reason for rejecting the district court's injunction).
Justice Ginsburg also reviewed the district court ruling striking SB 14, and noted that it failed preclearance under Section 5 of the Voting Rights Act (pre-Shelby County). She concluded,
The greatest threat to public confidence in elections in this case is the prospect of enforcing a purposefully discriminatory law, one that likely imposes an unconstitutional poll tax and risks denying the right to vote to hundreds of thousands of eligible voters. To prevent that disenfranchisement, I would vacate the Fifth Circuit's stay of the permanent injunction ordered by the District Court.
October 18, 2014 in Cases and Case Materials, Elections and Voting, News | Permalink | Comments (0) | TrackBack (0)
Friday, October 17, 2014
Arizona Federal Judge Holds State's Same-Sex Marriage Ban Unconstitutional
Judge John Sedwick's opinion in Connolly v. Jeanes is a mere four pages, noting that the requirement of a "lengthy and detailed opinion" is now obviated because as the district court is bound by the Ninth Circuit's opinion in Latta v. Otter. As to a stay, an "appeal to the Ninth Circuit would be futile" and given the Supreme Court's denial of petitions for writs of certiorari, it is "also clear" that the "High Court will turn a deaf ear on any request for relief from the Ninth Circuit's decision."
Despite the recent activity by Justice Kennedy including the stay and modified stay and vacated stay of the Ninth Circuit's decision, the Attorney General Tom Horne (pictured) agreed in a statement (video here) and cited his ethical duties under Rule 11 and not to "waste the taxpayers' money." He issued a letter to the clerks "effective immediately."
October 17, 2014 in Courts and Judging, Current Affairs, Due Process (Substantive), Equal Protection, Family, Fourteenth Amendment, Sexual Orientation, Supreme Court (US) | Permalink | Comments (0) | TrackBack (0)
Thursday, October 16, 2014
Arkansas Supreme Court Strikes Voter ID
The Arkansas Supreme Court yesterday struck the state's voter ID requirement under the state constitution. The unanimous ruling means that Arkansas will not use Act 595's voter ID requirements in the upcoming elections.
The ruling is based on state constitutional law only, and therefore won't and can't be appealed to the United States Supreme Court.
The state high court ruled that Act 595's voter ID requirement added a voter requirement to those set in the state constitution. Arkansas's constitution, art. 3, Section 1, says,
Except as otherwise provided by this Constitution, any person may vote in an election in this state who is:
(1) A citizen of the United States;
(2) A resident of the State of Arkansas;
(3) At least eighteen (18) years of age; and
(4) Lawfully registered to vote in the election.
The court said, "These four qualifications set forth in our state's constitution simply do not include any proof-of-identity requirement." The court struck Act 595 on its face.
The court also rejected the argument that voter ID was simply a procedural method of identifying a voter, and therefore constitutional under a state constitutional provision allowing such methods:
We do not interpret Act 595's proof-of-identity requirement as a procedural means of determining whether an Arkansas voter can 'lawfully register[] to vote in the election.' Ark. Const. art. 3, Sec. 1(4). Under those circumstances, Act 595 would erroneously necessitate every lawfully registered voter in Arkansas to requalify themselves in each election.
Justice Courtney Hudson Goodson concurred in the result, but because Act 595 failed to get a two-thirds majority vote in both houses of the legislature as required by a 1964 amendment to the constitution that sets the requirements for identification and registration of voters (and does not include photo ID) and allows for legislative amendment of those requirements if the legislature votes by two-thirds in both houses.
October 16, 2014 in Cases and Case Materials, Comparative Constitutionalism, Elections and Voting, News, Opinion Analysis, State Constitutional Law | Permalink | Comments (0) | TrackBack (0)
Fifth Circuit OKs Texas Voter ID
The Fifth Circuit this week stayed an earlier district court judgment and injunction against Texas's voter ID law, SB 14. Unless the Supreme Court steps in, this means that SB 14 will apply to November's elections.
The Fifth Circuit action is not a ruling on the merits, however. Instead, it preserves the status quo under SB 14, pending appeal of the district court judgment to the Fifth Circuit.
The court said that changing the rules so close to the election risks too much confusion: "The judgment below substantially disturbs the election process of the State of Texas just nine days before early voting begins. Thus, the value of preserving the status quo here is much higher than in most other contexts." (Early voting starts on Monday in Texas.)
The case is now before the Supreme Court, where the government and others have filed emergency applications to vacate the Fifth Circuit's stay.
This is just the latest of four cases challenging state elections laws that has gone to the Supreme Court this fall, just before the elections, all on emergency applications related to lower court injunctions, and not on the merits. The Court halted Wisconsin's voter ID law; it allowed restrictions on early voting in Ohio; and it allowed restrictions on same-day voter registration and voting in the wrong precinct in North Carolina.
October 16, 2014 in Cases and Case Materials, Elections and Voting, News | Permalink | Comments (0) | TrackBack (0)
Wednesday, October 15, 2014
Daily Read (and Videos): James Risen on James Risen
With the denial of certiorari in James Risen's case by the United States Supreme Court in June 2014, from the Fourth Circuit's divided opinion in United States v. Sterling, the situation of James Risen is in limbo. In large part, it was Risen's book, State of War that led to his current difficulties because he will not reveal a source.
Now Risen has a new book, Pay Any Price: Greed, Power, and Endless War, just reviewed in the NYT. As part of the book promotion - - - but also quite relevant to the case against Risen - - - Risen has made several media appearances of note, with the twist on the book title being that it's James Risen who is prepared to "pay any price" to protect his journalistic integrity (and by implication resist governmental power).
Perhaps the most populist of Risen's appearances is in an extended segment of the television show "60 minutes" including not only James Risen but others. The segment explains and situates the controversy, including its current status under President Obama. It also includes statements by General Mike Hayden that he is at least "conflicted" about whether Risen should be pursued for not divulging his source(s), even as Hayden expresses his view that NSA surveillance is "warantless but not unwarranted."
The entire segment is definitely worth watching:
Springboarding to some extent from General Hayden's remarks is Risen's extensive interview with Amy Goodman on Democracy Now (full video and the helpful transcript is here), in which Risen talks about his arguments in the book and a bit about his own predictament, concluding by saying:
AMY GOODMAN: So, you're covering the very people who could put you in jail.
JAMES RISEN: Yeah, sometimes, yes. As I said earlier, that's the only way to deal with this, is to keep going and to keep—the only thing that the government respects is staying aggressive and continuing to investigate what the government is doing. And that's the only way that we in the journalism industry can kind of force—you know, push the government back against the—to maintain press freedom in the United States.
A third noteworthy appearance by Risen is his interview by Terry Gross on NPR's Fresh Air (audio and transcript available here). One of the most interesting portions is near the end, with the discussion of the contrast to the celebrated Watergate investigation of Woodward and Bernstein and Risen's solution of a federal shield law for reporters.
For ConLawProfs teaching First Amendment, these "sources" could be well-used.
October 15, 2014 in Books, Cases and Case Materials, Criminal Procedure, Current Affairs, Executive Authority, First Amendment, International, Privacy, Recent Cases, Speech, State Secrets, Theory, War Powers, Web/Tech | Permalink | Comments (0) | TrackBack (0)
Supreme Court Vacates Fifth Circuit Stay of Texas HB 2 Injunction
The controversial Texas law limiting abortion access known as HB 2, which began law despite a well-publicized filibuster by state senator Wendy Davis, is now effectively enjoined - - - in part - - -by the United States Supreme Court in its Order in Whole Woman's Health Center v. Lakey.
Here's the entire text:
The application to vacate stay of final judgment pending appeal presented to Justice Scalia and by him referred to the court is granted in part and denied in part. The Court of Appeals' stay order with reference to the district court's order enjoining the admitting-privileges requirement as applied to the McAllen and El Paso clinics is vacated. The Court of Appeals' stay order with reference to the district court's order enjoining the ambulatory surgical center requirement is vacated. The application is denied in all other respects.
Justice Scalia, Justice Thomas, and Justice Alito would deny the application in its entirety.
To recap: the United States Supreme Court is vacating the Fifth Circuit stay of the district judge's injunction against portions of the law, thus reinstating the district judge's injunction at least in part.Recall also that this is an as-applied challenge. A panel of the Fifth Circuit in March upheld the admitting privileges provision after it had issued a stay of Judge Yeakel's decision enjoining the provision as unconstitutional.
October 15, 2014 in Abortion, Courts and Judging, Due Process (Substantive), Gender, Medical Decisions, Supreme Court (US) | Permalink | Comments (0) | TrackBack (0)
Tuesday, October 14, 2014
Daily Videos: "Citizen Four" and Edward Snowden Interviews
With the release of "Citizen Four," the film by Laura Poitras on Friday, two videos are worth a watch.
First, here is a Q&A session with Laura Poitras at the 52nd New York Film Festival on October 10 after a premier of the film.
Second, here is a "virtual interview" with Edward Snowden from the New Yorker Festival - - - including in the first minute or so the official trailer of the film (also here) and an extended discussion with Snowden:
October 14, 2014 in Current Affairs, Due Process (Substantive), Executive Authority, Film, First Amendment, Foreign Affairs, International, News, Speech, Theory, War Powers, Web/Tech, Weblogs | Permalink | Comments (0) | TrackBack (0)
Alaska Same-Sex Marriage: Court Declares Same-Sex Marriage Ban Unconstitutional
On Sunday afternoon before a Monday federal holiday, federal district judge Timothy Burgess of the District of Alaska issued an opinion in Hamby v. Parnell and immediately enjoined officials of the state of Alaska from enforcing either the statute or state constitutional provision barring same-sex marriages.
Judge Burgess' 25 page opinion predictably relied upon the Ninth Circuit's decision in Latta v. Otter concluding that the same-sex marriage bans of Idaho and Nevada violated the Equal Protection Clause and using the Circuit's heightened scrutiny standard for sexual orientation. Judge Burgess also found that the Alaska laws violated the Due Process Clause because they infringe on the "fundamental right to choose whom to marry."
In the Due Process discussion, Judge Burgess has an interesting invocation of originalism:
In Lawrence [v. Texas], the critical mistake identified by the Supreme Court in its earlier reasoning [in Bowers v. Hardwick] is the same error made by Defendants in this case: in the desire to narrowly define the rights protected by the Fourteenth Amendment, they "fail[] to appreciate the extent of the liberty at stake."
Our forefathers wrote the Bill of Rights hundreds of years ago and could not have predicted "the components of liberty in its manifold possibilities" as we see today. As the Supreme Court articulately explained, "those who drew and ratified the Due Process Clause[]...knew times can blind us to certain truths and later generations can see that laws once necessary and proper in fact only serve to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom." The Plaintiffs in this case do not ask the Court to recognize an entirely new fundamental right to same-sex marriage; rather, Plaintiffs wish to participate in the existing liberty granted to other couples to make a deeply personal choice about a private family matter.
Alaska has filed an Emergency Motion for Stay Pending Appeal, arguing in part that there is a "reasonable likelihood the Ninth Circuit will rehear Latta en banc and thus vacate the panel's decision." This is largely based on the Ninth Circuit's application of heightened scrutiny in the panel opinion.
But recall that this heightened scrutiny is based on SmithKline Beecham Corp. v. Abbott Labs, decided 10 months ago and which was denied a rehearing en banc.
And recall also that while Justice Kennedy of the United States Supreme Court granted a stay of Latta, he later clarified that the stay was only as to Idaho and not Nevada (although the Ninth Circuit's heightened scrutiny standard was applied to the laws of both states), and the stay vacated on Friday.
Additionally, Alaska argues that "conditions compelling Supreme Court review of this issue could easily develop very soon." Recall that the Supreme Court denied certiorari of the decisions from three circuits finding same-sex marriage bans unconstitutional. As Alaska argues:
The Sixth Circuit heard argument in early August regarding cases14 from four states (Michigan, Kentucky, Tennessee, and Ohio) and could issue a decision at any time, and the Fifth Circuit has expedited argument of Louisiana and Texas cases and could issue a decision by end of this year. Accordingly, circumstances are likely to develop in which the Supreme Court is virtually obligated to review the issue.
Yet given the lack of endurance of previous stays, there is little reason to believe Alaska would be considered a different case.
October 14, 2014 in Cases and Case Materials, Courts and Judging, Due Process (Substantive), Equal Protection, Family, Fourteenth Amendment, Opinion Analysis, Sexual Orientation, Supreme Court (US) | Permalink | Comments (0) | TrackBack (0)
Friday, October 10, 2014
Update: Justice Kennedy Kennedy Vacates Previous Stay Orders on Ninth Circuit Same-Sex Marriage Case
On Monday, the United States Supreme Court denied certiorari to the Fourth, Seventh, and Tenth Circuits that had held that an array of states' same-sex marriage ban statutes were unconstitutional.
On Tuesday, the Ninth Circuit issued its opinion holding that the same-sex marriage bans in Idaho and Nevada were unconstitutional, on substantially similiar reasoning to the cases from the other circuits.
On Wednesday, in a brief Order, Justice Anthony Kennedy, as Circuit Court Justice, entered a stay of the mandate of the Ninth Circuit opinion in Otter v. Lata. Here's the text of Kennedy's Order:
UPON CONSIDERATION of the application of counsel for the applicants,
IT IS ORDERED that the mandate of the United States Court of Appeals for the Ninth Circuit, case Nos. 12-17668, 14-35420 & 14-35421, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Thursday, October 9, 2014, by 5 p.m.
While the Ninth Circuit applies intermediate scrutiny in the equal protection analysis, this does not seem to be sufficient to warrant a stay.
What does Justice Kennedy have in mind?
UPDATE: Later on Wednesday, Justice Kennedy issued a second Order clarifying that the stay applies only to Idaho and not to Nevada.
Here's the text of that Order:
UPON FURTHER CONSIDERATION of the application of counsel for the applicants,
IT IS ORDERED that the portion of the order issued on this date entering a stay of the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 12-17668 is hereby vacated. The stay entered with respect to the Ninth Circuit's mandate in case Nos. 14-35420 & 14-35421, shall remain in effect pending further order of the undersigned or of the Court.
And on Friday, October 10, Justice Kennedy issued an Order denying the stay and vacating his previous orders. Here's the text:
The application for stay presented to Justice Kennedy and by him referred to the Court is denied. The orders heretofore entered by Justice Kennedy are vacated.
October 10, 2014 in Courts and Judging, Current Affairs, Family, Fourteenth Amendment, Sexual Orientation, Supreme Court (US) | Permalink | Comments (0) | TrackBack (0)
Thursday, October 9, 2014
District Court Rules Texas Voter ID Unconstitutional
Judge Nelva Gonzales Ramos (S.D. Tex.) ruled today that Texas's new voter ID law violated the Constitution and entered "a permanent and final injunction against enforcement of the voter identification provisions . . . of SB 14." Judge Ramos concluded that "SB 14 creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans, and was imposed with an unconstitutional discriminatory purpose." Judge Ramos also held that "SB 14 constitutes an unconstitutional poll tax."
Judge Ramos ordered Texas to "return to enforcing the voter identification requirements for in-person voting in effect immediately prior to the enactment and implementation of SB 14."
We posted on Texas's move to implement its new voter ID law immediately in the wake of Shelby County.
The ruling comes the same day as the Supreme Court vacated an earlier Seventh Circuit stay of a district court injunction against Wisconsin's voter ID law.
October 9, 2014 in Cases and Case Materials, Elections and Voting, News, Opinion Analysis | Permalink | Comments (0) | TrackBack (0)
Supreme Court Puts the Brakes on Wisconsin Voter ID
The Supreme Court this evening vacated the Seventh Circuit stay of an earlier district court injunction halting Wisconsin's voter ID law. (The Seventh Circuit upheld the state's voter ID law earlier this week.) This latest chapter in this dizzying case means that Wisconsin will almost surely not have voter ID in the upcoming elections. It also means that the Court may once again take up voter ID.
The Supreme Court order was brief, just one page, and said only that "the Seventh Circuit's stay of the district court's permanent injunction injunction is vacated pending the timely filing and disposition of a petition for a writ of certiorari . . . ." The stay will terminate if the Court denies cert.
Justice Alito dissented, joined by Justices Scalia and Thomas. Justice Alito wrote that the Seventh Circuit's ruling wasn't unreasonable, or "demonstrably" erroneous. Justice Alito alluded to the problem of absentee ballots going out without a notice of the voter ID requirement, suggesting that these problems may have driven the Court to intervene.
October 9, 2014 in Cases and Case Materials, Elections and Voting, News, Opinion Analysis | Permalink | Comments (0) | TrackBack (0)


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Menno's Best coffee is made using beans from the Chanchamayo Province in Peru, which is where Starbucks sources some of its coffee.Read More
Beersgiving is about catching up with old friends over beers the day before Thanksgiving.Read More
Big Brothers Big Sisters of Elkhart County's spring fundraiser invites you to taste and vote for the best homemade beers and wines in northern Indiana.Read More
According to Thrillist, Michiana is a great place for craft beer enthusiasts. But we already knew that.Read More
Don't let the winter weather defeat you. Warm those bones with these recipes for a hot toddy, cider and buttered rum.Read More
I was able to acquire two of the new Bell's wheat beer glasses. Read on to find out how you could win one.Read More
Bottling day is a brewer's last chance to taste his or her creation before it goes through its final changes, and it's always worth the wait.Read More
Craft brewing and culinary worlds come together in a spiced saison, a once-in-a-decade beer so good it's coming five years early, and more.Read More

subset: commoncrawl


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Relevant offers
Dynamic midcourter Phillipa Finch has opted not to return to the Southern Steel franchise next season, instead focusing on rebuilding her earthquake-stricken home in Christchurch.
"I'm at an age where I need to think about other things . . . it's just that next step that I need to take," the 32-year-old said.
"I'm a never-say-never type of person so you never know, I might be out on the netball court again one day."
After living in Balclutha during the past three seasons, Finch is eager to be based in the same place as her husband, Regan, and also return to teaching at Sumner School.
"Regan is so incredibly supportive and I know he would be happy for me to keep playing but I think he is secretly excited that I'm coming home," she said.
Their Christchurch house was extensively damaged in the earthquake three years ago and will soon be demolished to allow the couple to rebuild.
"We weren't classified as in the red zone but it's nearly the worst-case scenario," Finch said.
"It will all happen really quickly now and we've seen it already in our neighbourhood - they just bring in the diggers and fully demolish the houses."
While she was undoubtedly an integral component of the Steel's midcourt, Finch was confident the franchise would mount a competitive campaign for the ANZ Championship silverware.
"We've definitely got the goods, we just have to keep this foundation of players together," she said.
"The last three years have been absolutely amazing and the Steel has just been so supportive of me. It's good to finish on a positive note because we played really well this year."
Finch's experience has proved invaluable and she has thrived in the Steel environment.
"They do say we mature and play better netball at an older age," she said.
"I think it's that enjoyment which has enabled me to play well. I go out there and just have fun rather than put any other pressures on myself."
Finch hopes her tenacious approach to the game has inspired Steel's younger players.
"I'm a player who teaches through my play, not words. I'm more of a role model on the court itself and I hope I've taught something that will help them grow their game in the future."
- The Southland Times
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CaringBridge Needs Your Help
Honor Kenny with a Tribute donation to CaringBridge and you'll help even more people surround each other with love and support when it's needed most.
By Laura Barrow — Jul 30, 2010 9:08pm
Hey Kenny! I'm so glad you are doing well! Keep up the fight!
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Home > Lifestyle > Food > News
Saturday June 14, 2014 MYT 12:00:00 AM
Saturday June 14, 2014 MYT 10:22:20 AM
Sanriku railways. – Nestlé Japan
Wouldn't train travel be more fun if you could pay in chocolate rather than buying a ticket?
If that sounds like your thing then head to Japan, where travellers using the Sanriku Railway network can now use KitKats as train passes.
The concept is part of an innovative scheme by confectionery brand Nestlé to rejuvenate tourism in the northern province, following the devastating effects of the 2011 Tohoku Earthquake.
Customers can buy special packs of KitKat for less than the cost of a standard ticket as part of the initiative, which is the first time a Japanese rail company has allowed confectionery packaging to be used as a method of payment.
The move isn't the first time Nestlé has helped the Sanriku railway get back on track following the natural disaster.
In 2011 the brand discovered that members of the reconstruction team were gifting one another KitKat treats as messages of encouragement, due to the similarity between the its name and the Japanese phrase "Kitto-Katsu", meaning "you will surely win."
Consequently, the brand began donating 20 yen (around 65 sen) to the rebuilding project for each bar exchanged.
KitKat has also decorated two of the trains and two of the rebuilt stations with cherry blossom motifs, which symbolise hope in Japan.
The move comes as the Japanese government recently announced plans to offer free Wi-Fi to tourists who register their passport details upon arriving in the country, in a bid to boost visits from foreign travellers.
KitKat train tickets will be available this month and will be valid on Sanriku Railway trains through May 2015. – AFP Relaxnews
Japan has quite a number of different flavours of KitKat:
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Originally written on NESN.com | Last updated 11/9/14
Edwin Jackson is only 29 years old, but he's already played for seven Major League Baseball franchises. While that may be a red flag to a lot of teams, the Chicago Cubs are about to give the right-hander a lot of money to join his eighth club. CSNChicago.com's Patrick Mooney reports that Jackson has agreed to a four-year contract worth $52 million. The 29-year-old is coming off of a 2012 season with the Washington Nationals where he went 10-11 with a 4.03 ERA in 189 2/3 innings. #Cubs have signed Edwin Jackson (four years, $52 million) and Carlos Villanueva, pending physicals.— Patrick Mooney (@CSNMooney) December 20, 2012 Jackson has already pitched for the Dodgers, Rays, Tigers, Diamondbacks, White Sox, Cardinals and Nationals. He has a 70-71 career record with a 4.40 ERA. However, he has started to show improvement over the last three years. He's 32-32 over that time with a 4.10 ERA, including a 22-20 combined mark with a 3.91 ERA in his last two seasons. Jackson was an All-Star in 2009, arguably the best year of his career. A year later, Jackson threw a no-hitter with Arizona, shutting out Tampa Bay, despite walking eight and throwing 149 pitches.
PLAYERS: Edwin Jackson, Carlos Villanueva
TEAMS: Washington Nationals, Chicago Cubs, Toronto Blue Jays, Chicago White Sox
TEAMS: Washington Nationals, Chicago Cubs, Toronto Blue Jays, Chicago White Sox
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China is the world's largest single market for machine-to-machine connections, accounting for more than a quarter of the global total.
According to figures published by the GSMA on Monday, the country had 50 million M2M connections at the end of 2013, while the worldwide total stood at 189 million.
"China is a
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Trumaine Johnson
Team Grades: Rams Earn Honor Roll Marks With Upset Win Over Denver Broncos
Defense set the tone, offense was steady, and special teams were, well, special on Sunday, as Rams battered the visiting Broncos for a 22-7 victory at the Edward Jones Dome.
Team Grades: Rams Offense Just Atrocious In Meltdown Loss To Arizona Cardinals
It was another tough day for the St. Louis Rams, who blew yet another lead, in Sunday's 31-14 loss to the Arizona Cardinals.
Injury Report: Nagging Injuries Cause Question Marks For Rams Secondary
St. Louis' most veteran defensive back, Janoris Jenkins, hasn't practiced in two weeks and seems unlikely to play Sunday when the Rams take on the 7-1 Arizona Cardinals.
Team Grades: Defense Shines, Offense Lags In Rams Stunning Win Over 49ers
Absolutely no one expected St. Louis to travel out to San Francisco on Sunday, and deliver one of its best efforts of the season against a 49er team that had two weeks to prepare since it was coming off its bye.
Injury Report: Rams Getting Healthier As Sunday Vs. San Francisco Approaches
With his team coming off a bad loss last Sunday in Kansas City, and staring down the barrel of a meeting with a rested and angry San Francisco 49er team this coming Sunday, Rams head coach Jeff Fisher made an unusual decision regarding the team's first practice of the week on Wednesday.
Injury Report: Rams Could Be Thin At Corner Sunday vs. Chiefs
St. Louis has 12 players listed with some type of ailment that could affect their ability to play Sunday, when the Rams travel to Arrowhead Stadium to take on the cross-state rival Kansas City Chiefs.
Rams Injury Report: Injured Players Johnson, Jones, McGee All Return To Practice, Could Play Sunday vs. Seahawks
Two players who hadn't been seen much since the preseason, and another whose been out for more than a month, all returned to practice this week for the St. Louis Rams, leaving open the possibility they could play this Sunday when the Rams host the Seattle Seahawks at the Edward Jones Dome.
Injury Report: WR Tavon Austin Practicing Again, Will Be Listed Questionable For Sunday
One of the perks of having their bye week early in the season for the St. Louis Rams, is it allows for the early return of a couple of key players who might have otherwise missed more than just one or two games.
RAMS Injury Report: Hill Limited Again, Will Be Game-Time Decision On Sunday
It's looking more and more like the most important part of Jeff Fisher's statement from Monday, regarding the Rams' quarterback situation, was the last three words.
Low Marks All Around As Rams Get Embarrassed By Minnesota
By Cedric Williams All the optimism and enthusiasm that comes from the start of every NFL season lasted about a half for the St. Louis Rams, who were left battered and beaten Sunday afternoon at […]


text:
Granite State marathoners thankful to return home
Updated On: Apr 16 2013 08:30:00 AM EDT
Many Granite Staters who ran in Monday's Boston Marathon said they were thankful they could return home safely after explosions killed three and injured more than 100.
Some said they had close calls, crossing the finish line shortly before the first blast.
Get live updates from the scene.
Tara Proulx, of Goffstown, was cheered by her daughters' hand-made signs as she ran past them when she neared the finish line. Her two daughters and her husband then walked to find her, pausing to tie the girl's shoes in about the same spot where a bomb would explode 15 minutes later.
"The ground was trembling, and my wife being much closer was able to see the smoke from the first explosion," said Eric Proulx. "What if we were just a few minutes later? Or what if, what if those explosions took place a few minutes earlier? I'm grateful for being able to reunite with my wife, my family."
Runner Christine Telge heard the explosions five minutes after she finished her sixth Boston Marathon, running with the Athletic Running Club from Manchester. She was standing near the buses provided for runners when she heard the first explosion.
"I have two young sons, a 6-year-old and an 8-year-old, and I thought, 'Oh my God. If I had run five minutes slower, 10 minutes slower, I would have been right there,'" she said.
Souhegan High School track and field coach David Salvas was welcomed home to Amherst after the race. He has run 81 marathons, including 18 Boston events, and was helping pace a friend to the finish.
"We crossed the finish line, we were just about to grab a space blanket and a bottle of water, and there was an explosion," Salvas said. "I turned around, I looked, and there was a big puff of white smoke, some debris."
Salvas said he thinks the explosion occurred 90 seconds after he crossed the finish line.
Salvas said he's deeply sad about Monday's events because the marathon welcomes anyone who qualifies from around the globe, without regard to politics or discrimination. He said he cannot understand who could target innocent people.
Copyright 2013 by WMUR.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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A gift to the next generation of engaged citizens, from one of our most celebrated intellectuals. As the economic collapse of 2008 made clear, the social contract that defined postwar life in Europe and America-the guarantee of security, stability, and fairness-is no longer guaranteed; in fact, it's no longer part of the common discourse. Tony Judt, one of our leading historians and thinkers, offers the language we need to address our common needs, rejecting the nihilistic individualism of the far Right and the debunked socialism of the past. In reintroducing alternatives to the status quo, Judt invigorates our political conversation, furnishing the tools necessary to imagine a new form of governance and a better way of life.
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Tony Judt was the Erich Maria Remarque Professor of European Studies at New York University, as well as the founder and director of the Remarque Institute, dedicated to creating an ongoing conversation between Europe and the United States. He was educated at King's College, Cambridge, and the Ecole Normale Superieure, Paris, and also taught at Cambridge, Oxford, and Berkeley. Professor Judt was a frequent contributor to "The New York Review of Books," "The Times Literary Supplement," " The New Republic," "The New York Times," and many journals across Europe and the United States. He is the author or editor of fifteen books, including "Thinking the Twentieth Century," "The Memory Chalet," "Ill Fares the Land," "Reappraisals: Reflections on the Forgotten Twentieth Century," and "Postwar: A History of Europe Since 1945," which was one of "The New York Times Book Review"'s Ten Best Books of 2005, the winner of the Council on Foreign Relations Arthur Ross Book Award, and a finalist for the Pulitzer Prize. He died in August 2010 at the age of sixty-two.


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assistant administrative bellingham jobs
Aflac Bilingual (Spanish) Sales Representative - Entry Level- D
AFLAC- Bellingham, MA
Accounting, Receptionists, Human Resources, Administrative Assistant, Business Development, Real Estate, Financial Services, Banking, Financial Planner, Managers, Executives...30+ days ago from AFLAC, Inc.
Aflac Bilingual (Spanish) Sales Representative - Entry Level
AFLAC- Bellingham, MA
Accounting, Receptionists, Human Resources, Administrative Assistant, Business Development, Real Estate, Financial Services, Banking, Financial Planner, Managers, Executives...30+ days ago from AFLAC, Inc.
Macy's Seasonal Administrative Support Team Associate - Bellingham, WA - Bellis Fair
Macys- Bellingham, WA
Overview: With a role as a Counter Manager in the Macy's Cosmetics Department, you will be responsible for supervising the complete operations of a cosmetics line, including...5 days ago from Macys, Inc
Administrative Assistant Job
PeaceHealth- Bellingham, WA
ESSENTIAL FUNCTIONS Provides daily administrative support to Director(s) and/or manager(s) ... assigned to this job. Posting Notes: Bellingham, WA || Administrative || Part Time...8 days ago from Peacehealth
Retail Sales Consultant Bellingham Mt. Vernon AreaNEW
AT&T- Bellingham, WA
Meet all sales objectives. Handle all administrative aspects of the sale including: completing customer contracts and warranties, pulling products from inventory, accepting...3 days ago from AT&T
DDC726 - PART TIME - Warehouse Clerical Support Position - Bellingham, MA Job
Best Buy- Bellingham, MA
Basic Qualification: - 6 months of clerk, administrative and/or receptionist experience Pr ... Primary Location: United States-MA-Bellingham Organization: Best Buy US...10 days ago from Best Buy
Kelly Services- Bellingham, WA
Job Description Administrative assistant position details included but not limited to: Skilled with Microsoft Office Data Entry Punctuality and dedicated to showing up daily...24 days ago from Kelly Services
Program Assistant
Western Washington University- Bellingham, WA
project-employment position. The Program Assistant assists and supports the ... Job Location:Western Washington University, Bellingham, WA Salary:New hires typically...7 days ago from Western Washington University
Administrative Assistant- Full time career opportunity!
Express Employment Professionals- Bellingham, WA
a polished and professional Administrative Assistant that is looking for their next ... to recruit a high level Administrative Assistant for a locally owned company. This...30+ days ago from Express Services, Inc
Sustainable Transportation Program Assistant
Western Washington University- Bellingham, WA
Sustainable Transportation Program Assistant About the Position:Under ... Program Assistant provides customer service, administrative, public relations and...7 days ago from Western Washington University
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I Hear You're A Racist Now, Batman?
Over at my Patreon, the first of the essays proper on the Batman films and TV shows, this one discussing the 1943 serial. This can only be read by those of you who are kind enough to be giving me money, but will be posted for free on Mindless Ones in four weeks' time.
New Post On Mindless Ones
In which I react to The Multiversity 1 in the way I think Grant Morrison intended. In other words, this may be the wankiest, least comprehensible, thing I've ever written…


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Ophthalmologist (eyes)
21 years of experience
Video profile
Accepting new patients
21 years of experience
Video profile
Accepting new patients
1506 E Griffin Pkwy
Mission, TX 78572 Phone number & directions
1506 E Griffin Pkwy
Mission, TX 78572 Phone number & directions
License & Identifications
A medical license is required for a doctor to practice medicine in a particular state. Requirements vary by state but most require, at a minimum, post-graduate training in the doctor's specific specialty. An NPI number is a national identifier unique to an individual health care provider and is managed by the Center for Medicare & Medicaid Services (CMS).
Learn more about Dr. Pankaj Shah:
View the full profile to get information on:
- Qualifications
- What's important to you
View full profile
Patient Reviews
- Currently 2 of 4 stars
Patient comments (0)
The overall average patient rating of Dr. Pankaj Shah is Satisfactory.
Specialties & Research
Dr. Pankaj Shah, MD is board certified in Ophthalmology.
- He has special expertise in 1 area:
- Refractive Surgical Procedures
Education & Awards
Dr. Shah graduated from UMDNJ Robert Wood Johnson, Piscataway.
Dr. Shah has 6 hospital affiliations:
- Knapp Medical Center
- Mission Hospital
- Gujarati
- Spanish
Home > Find an Ophthalmologist > TX > Mission Ophthalmologists > Dr. Pankaj Shah, MD
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- Additional Information
- Dr. Pankaj Gopaldas Shah MD is a male Ophthalmologist, has 21 years of experience and practices in Ophthalmology.
- Where does Dr. Pankaj G. Shah practice?
- Dr. Pankaj Shah has 2 office locations.
Dr. Pankaj Shah practices Ophthalmology near Mission, TX.
See Mission Ophthalmologists.


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4 Advantages To Infusing Analytics Into Healthcare Data
Smarter data enables wellness health outcomes and cost reduction for self-insured employers and care providers.
Processing H1N1 Flu Vaccine Forms
Millions of H1N1 swine flu vaccines became available during the Fall of 2009, and while many contemplated whether or not to get the vaccine, government health officials had a different issue on their hands -- what to do with the millions of pages of healthcare forms that piled up once the shot became available.
Illinois National Bank Reduces Costs, Achieves A Competitive Advantage With ibml Scanning And Document Capture Solution
Lockbox processing remains a lucrative business for financial institutions, representing billions of dollars annually in fees and interest income, plus revenues from ancillary bank treasury services. It also is a critical differentiator in a financial institution's ability to win and retain corporate clients.
DocumentReader Displaces Underperforming Technology At Healthcare BPO
A2iA is the worldwide leading developer of cursive handwriting and machine-printed text recognition, and intelligent document classification software. With a focus on research and development, all technology is built in-house without the use of third- party engines, allowing for customization and complete control over its capabilities.
DocumentReader Displaces Underperforming Technology At Heathcare BPO
A leading business process outsourcing firm (BPO) that focuses on the healthcare space contacted A2iA regarding the automatic routing, or indexing, of medical documents, including handwritten physicians' notes, clinical documentation, and complex requisition forms. Although the BPO was already utilizing a classification engine, they were not satisfied with its performance.
QAI Streamlines The Process Of Maxim Health Systems With A2iA FieldReader
The wide variety of handwriting, which appeared on each form, was slowing down Maxim Health Systems' ability to process the forms in a timely manner. In the past, patient consent forms were processed with manual data-entry -- a process that was tedious, time-consuming and unreliable.
Streamlining Access To Critical Healthcare Operations
The healthcare industry's ability to streamline meaningful use and Health Information Exchange (HIE) efforts are largely based on the level of interoperability between management systems. Organizations have long been tasked with improving the accessibility of data throughout complex multi-channel workflows without sacrificing security, accuracy, time or budgets. With this natural progression of the industry's efforts, Intelligent Capture has provided a critical bridge in accessing data held within paper medical documentation and making it available within the daily digital workflow, easing interoperability efforts and helping to facilitate an electronic industry.
Diagnostic Testing Organization Modernizes Operations With DocumentReader
Initiated by the customer's C-Suite as part of a five-year savings plan, the organization looked to modernize operations within its primary business unit and to automate its paper-based processes. The chosen solution was required to provide value with respect to shortened processing times and increased efficiencies, but also by delivering an ROI.
Camden NHS Comes To The Force In EPR
As one of the longest established healthcare providers in London, the Mental Health aspect of Camden & Islington NHS Foundation Trust has proud responsibility for a high density patient population spread across some 40 separate sites centered on St Pancras Hospital which itself has evolved from its Victorian beginnings as a work house.
5 Places In Your Hospital Where Enterprise Content Management Can Help
Although technology continues to improve how healthcare organizations share information both within and outside their own walls, providing the right information at the right time to the right people is still often difficult.
Children's Hospital Foundation Uses Intranet As An Information Portal And Hub For Collaboration
I recently sat down with Children's Hospital Foundation's Associate Director of Online Information Systems, Ken Fonzi, to discuss their unique communication and collaboration challenges. Here's a summary of what he had to say.
Intermountain Healthcare Minimizes The Impact Of Hardcopy Paper On Their Business
Intermountain Healthcare is a nonprofit health system based in Salt Lake City, Utah, with 22 hospitals, about 1,100 employed primary care and secondary care physicians at more than 185 clinics in the Intermountain Medical Group, a broad range of clinics and services, and health insurance plans from SelectHealth. They are the largest healthcare provider in the Intermountain West, with over 33,000 employees and serving the healthcare needs of Utah and southeastern Idaho residents.
Orbograph's Healthcare Payment Automation Center (HPAC) Now Certified As CAQH CORE Phase III Compliant
Orbograph, a premier supplier of electronic/paper automation solutions in healthcare revenue cycle management (RCM), as well as recognition solutions for the U.S. check processing market, announced recently that its Healthcare Payment Automation Center (HPAC) received the Phase III Certification Seal from the CAQH Committee on Operating Rules for Information Exchange (CORE) and is enabling healthcare payment transformation via electronic data exchange in compliance with the CAQH CORE Operating Rules.
Piedmont Healthcare Expanding Its Perceptive Software Solutions With Vendor Neutral Archive For Enterprise Medical Image Management
Lexmark's Perceptive Software announces that Atlanta, Georgia-based Piedmont Healthcare will deploy Perceptive Acuo Vendor Neutral Archive to consolidate medical image management for radiologists, cardiologists and other clinical users across all hospital and clinic locations.
ProConversions Corp Announces Their Spring 2014 Document Imaging Event Schedule
ProConversions Corporation announces their spring event schedule, where industry-leading enterprise document capture, automated medical claims processing, workflow automation, and document management technologies will be showcased.
ReadSoft Signs Invoice Automation Agreement Worth Over 385,000 USD With Global Life Sciences Company
A global life sciences organization in the healthcare sector has selected ReadSoft's SAP-certified invoice automation solution to streamline its accounts payable operations and enable greater processing efficiencies across the enterprise.
Inofile Kno2 Now Available In The Cloud For Full Clinical Document Exchange
Inofile announced here recently the availability of its cloudbased Kno2 clinical document exchange (CDE) platform, available immediately at http://www.kno2.com.


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Centerstone Opens New Plaza Hotel Near Mayo Clinic
Friday May 9th, 2014 - 9:44AM PB
| | | | | | | | | | |
These are shortcuts to your favorite social networking and bookmark sites. Add this story to your Facebook page, del.icio.us, DiggIt, and many others!
ROCHESTER, MN—Vimana Franchise System's Centerstone Hotels opened its new Centerstone Plaza Hotel Soldiers Field situated here. The 214-room property is located near the Mayo Clinic recently underwent a major half-million dollar renovation.
The new Centerstone Plaza Hotel Soldiers Field has four buildings that include a restaurant, breakfast room, pool, fitness center, arcade, complimentary shuttle, banquet space, guestrooms and extended stay suites for long-term guests complete with full-size kitchens.
Recent renovations include new flat screen TVs, new granite countertops in all guest bathrooms, and major exterior renovations as well as several other enhancements.
"This property is a great example of what the Centerstone Plaza tier is all about. We are very excited to bring in this premier property with such a phenomenal location next to Soldiers Field and the Mayo Clinic," stated Steven Belmonte, CEO of Vimana Franchise Systems.
A special feature to this property is its proximity to the Mayo Clinic Rochester hospital and the accommodations the hotel provides to their Mayo Clinic guests that includes complimentary shuttle.
Tags: Centerstone • Centerstone Plaza Hotel Soldiers Field • Hospitality • Brands • Openings •
For the past few years, the talk of The Lodging Conference in Phoenix had been focused on the economic recovery, solid industry projections and "cautious optimism." With the word cautious no longer necessary, the economic outlook took a backseat this year to the seemingly unending parade of new lifestyle brands.
Crowne Plaza Charlotte Executive Park Unveils $10-Million Reno »
Paramount Lodging Advisors Sells Two Terre Haute Hotels
Mission Capital Advisors Arranges $20M Loan for Three Marriott-Branded Hotels
American Hotel Income Properties REIT LP Acquires Portfolio for $41M
Renovated Mahekal Beach Resort to Open December 2014
Fairfield by Marriott to Open in El Salvador in 2016
Renaissance Dallas Hotel Opens LEED Silver Certified Event Space
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Created: 02/13/2014 4:15 PM
By: Steve Mieczkowski, KOB.com
The Santa Fe County Sheriff's Office is asking for the public's help in locating a missing girl.
April Vigil, 16, was last seen in the Morris Place area on Friday, January 31, visiting a friend.
Vigil was originally reported as a runaway, but detectives say she has not contacted her parents or friends, and this has them concerned.
Vigil is 5'5" tall and weighs 110 pounds, with brown hair and eyes.
Anyone with information regarding April Vigil's whereabouts are asked to contact the Santa Fe County Sheriff's Office at 505-986-2490 or RECC Dispatch at 505-428-3720.
KOB welcomes a lively and courteous discussion as long as you follow the rules of conduct set forth in our Terms of Use. Comments are not pre-screened before they post. You agree that anything you post may be used, along with your name and profile picture, in accordance with our Privacy Policy and the license you have granted pursuant to our Terms of Use.
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Select () or exclude () categories to narrow your recipe search.
As you select categories, the number of matching recipes will update.
Find exactly what you're looking for with the web's most powerful recipe filtering tool.
Prep Time:
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10 mins
1 hr 10 mins
This is the fourth and my final submission of Traditional Sloppy Joes from www.lotsofkids.com. Yes, we eat Sloppy Joes - A LOT!
Serves: 6
sandwic ...
Units: US | Metric
Serving Size: 1 (196 g)
Servings Per Recipe: 6
Every recipe, menu, tip and how-to is right here, at your service.


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My hubby's always told me I have a terrible sense of smell.
I have to admit this particular asset has come in handy many times in my lifetime. During my 1-month hike in Nepal I was happily oblivious to all body odor and thus able to share eating quarters with my fellow hikers with no adverse effects to my nostrils. Also, I'm a cheap date having minimal discerning ability between fine and cheaper wines. And, to bring us to our current topic, I'm practically immune to the scent of dog poo.
It's been said you develop a nose, but I think the opposite is true too. Having volunteered for many years in dog rescue the question of poo has become a very relaxed topic and even, I should say, a source of technical analysis. Most dog owners will happily engage in a spirited discussion on the finer aspects of correct feces formation. When you get to this stage yourself you will know you've ascended into the ranks of dedicated dog owners.
There's many other subtle signs that you've gone to the doggie-side of life. Spending a week volunteering at Dog Town in Utah is just one of them. My nose comes in handy here, but so does a carefree love of doggie licks, thorough enjoyment of play, and the ability to abandon yourself in a little piece of doggie heaven. Should your preferences lie more towards bonding with horses, being rubbed by cats, or nuzzling with pot-bellied pigs you can get that here too. In fact, just about every kind of animal comes through here and it's without a doubt the most amazing Rescue I've ever seen. They have over 1000 animals in ~33,000-acres of space nestled fabulously in the red rocks of Angel Canyon. I'll be blogging more about it as the week goes on. In the meantime, may your nose lead you.
Our 1st day in Dog Town…we volunteered at the Puppy Center
4 Responses to First Day in Dog Town…with nose to boot
Linda says:
Nina, you do look like you're in heaven…I'm envious and so happy you got to experience Best friends.
Get a few doggie licks for me.
libertatemamo says:
It really was fun! I'll definitely stock up on lick for you
[…] on-line and then chose AM or PM blocks to volunteer in any area of the sanctuary you choose. I went straight to the dogs and very quickly thereafter to puppies where I basked unabashedly in doggie-love and helped with […]
[…] can be a great way to get involved in a community cause. Last year we spent a week at Best Friends Animal Sanctuary in Utah (a very tight community), but there are also RV groups that […]
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Honorary Co-Chair:Courtney Ward-Reichard, Nilan Johnson Lewis
Proceeds from the Bar Benefit support the work of the Hennepin County Bar Foundation—the charitable arm of the Hennepin County Bar Association. The HCBF funds programs that promote equal access to justice for the people of Hennepin county. Twenty-six programs received 2013 HCBF grants.
Thank You! 2014 Underwriters ($7500 donors):
2014 Co-Sponsors ($5000 donors):
2014 Partners ($3500 donors):
All but $45 per ticket is tax deductible.
Thank you for your support. Contact Joy Hamilton at 612-752-6614 with any questions or to become a sponsor, make a donation, or purchase tickets by phone.
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11/26/2014Eminent Domain: A Case Study of a Hypothetical Condemnation Case: What Works and What Doesn't
12/3/2014Environmental Law: The Inside Perspective: Insights from the Lawyers for the MPCA and DNR
12/5/2014Law, Literature, and Legal Ethics (Morning session only)
600 Nicollet Mall, # 390
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The Hennepin County Bar Association is a professional society representing over
8,000 area attorneys with a wide variety of services for the community and the
profession. The HCBA is the largest district bar association in Minnesota.


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39, Quincy, FLOccupation: Other; Height: 5' 4"; Eye Color: Hazel; Hair Color: Black; Political Views: Unknown
34, Quincy, FLI'd like to find that beautiful type of relationship where life can be shared on a deeper level. I try to always remain positive and be in a good mood, I am not very hard to p...
73, Havana, FLI am Italian,born in new York city,now live in Havana fl.love animals,movies,music all kinds,cooking collecting mermaids I take each has has being wonderful
51, Havana, FLI enjoy the outdoors quite a bit. I am an avid hunter, fisherman, scuba diver and golfer. Pretty much if you can do it outside...I do. I love to ride my airboat as well.
28, Havana, FLI have been lucky in life and now I am looking to be lucky in love. I am a fun loving woman who loves to have a good time, and fully believe that laughter truly is the best me...
39, Havana, FLI believe in cooking, baking, and eating clean foods. No, this doesn't mean I hunt/ catch, clean, and fry up wild animals from a stream or field. It means I don't eat bright...
61, Havana, FLLive ,love and laugh...and always Believe! If you're looking for Mr. Perfect you clicked on the wrong profile but I think my imperfections are tolerable as attested by numerou...
26, Tallahassee, FLHello! My name is Amber and I currently work and live in Tallahassee, FL. I enjoy my job and I am very passionate about my career goals. I'm not a workaholic but I believe...
50, Tallahassee, FLI am entertaining with a comedic edge....easy to be around but not always easy to follow....I like to learn new things and I don't like things that I can't do. My greatest gif...
51, Tallahassee, FLI am a caring person who enjoys helping others. I love to complete personal projects at home and enjoy the fruit of my own work. I really don't like talking about myself. I en...
22, Tallahassee, FLI'm a teacher. It's more than just a career; it's who I am and what I'm passionate about. Teaching is when I feel most alive. It wasn't until I was in front of the classroom f...
22, Tallahassee, FLI'm a cradle Catholic and grew up in a small town. I received my degree in Communication Disorders, but I ended up working in Human Resources. I took piano lessons for 7 years...
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November 26, 2014
Guiding Light Mission holds 16th annual fundraising banquet
Caroline MacGregor
October 11, 2013 | WGVU
The Guiding Light Mission's 16th annual banquet this year included a talk by author, Michael Seaton who wrote the book, Becoming a Good Samaritan. The event serves as a major fundraiser to support hundreds of jobless and addicted men. WGVU's Caroline MacGregor has more.
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