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Blue slipThere’s yet another reminder today of why more and more caring and thinking people have begun to agitate and advocate for a better, fairer and more diverse federal judiciary. As Nicole Flatow of Think Progress reports, the fallout from the Supreme Court’s most recent disastrous campaign finance decision in the McCutcheon case is already hitting the fan:

“’[T]oday’s reality is that the voices of “we the people” are too often drowned out by the few who have great resources,’ wrote U.S. District Judge Paul A. Crotty Thursday. But after many paragraphs spent lamenting the corruption inherent in limitless permissible contributions to political action committees, Crotty, a George W. Bush nominee, struck down parts of the New York law that limited them, conceding that he is bound to U.S. Supreme Court precedent, ‘no matter how misguided . . . [the Court] may think it to be.’ Read More

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Richard Burr 2This week’s LOL, through-the-looking-glass moment in conservative politics revolves around the antiquated Senate “blue slip” process whereby home state Senators like North Carolina’s own Richard Burr can unilaterally and without explanation block federal court nominees — even ones they’ve endorsed previously to the President.

As Think Progress contributor Ian Millhiser reports, proposals in the U.S. Senate to temper the rule (as was done previously by Republican Senator Orrin Hatch when he once chaired the Senate Judiciary Committee) are meeting strong resistance from…Senator Orrin Hatch:

“Rolling back the Senate’s so-called ‘blue slip process’ would be ‘disastrous,’ according to an op-ed written by Sen. Orrin Hatch (R-UT) on Friday. Which is somewhat of a surprising position for Hatch to take, since he largely abandoned this blue slip process in 2003. Read More

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Coal ash clean upIf you’re unclear as to the status of the various legal proceedings surrounding Duke Energy’s coal ash mess, be sure to check out this morning’s story over on the main PW site by Courts and Law Reporter Sharon McCloskey – “Flurry of filings by Duke and state officials spell lengthy delays for coal ash clean up.” As Sharon reports, things in North Carolina are, sadly, not following the relatively expeditious and effective path they followed in South Carolina (where the clean-up is already underway).

“In just a little over a year, from lawsuit to settlement in 2012, citizen and conservation groups in South Carolina pushed South Carolina Electric & Gas to begin cleaning up coal ash contamination at its sites there.

State environmental regulators stayed out and the utility stepped up, coming up with a plan to remove the ash from lagoons and either re-use it if possible or move it to lined storage elsewhere.

A similar push was afoot in North Carolina as groups investigated contamination at Duke Energy plants across the state, asked the state’s Environmental Management Commission for a ruling on how groundwater contamination rules applied to coal ash sites here, and prepared for lawsuits against the company for contamination at its Asheville and Riverbend plants.

But unlike what happened in South Carolina, Read More

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Richard Burr 2Today marks Day #293 of Senator Richard Burr’s silent, one-man filibuster of President Obama’s nominee for the federal bench in North Carolina’s Eastern District, federal prosecutor Jennifer May-Parker. Now, today, there is a new and fascinating explanation from one of the nation’s leading judiciary watchers as to what’s really up with Burr’s blockade and those of his fellow conservative senators: secession.

As Andrew Cohen, contributing editor at The Atlantic explains in “How to secede from the union one judicial vacancy at a time,” it really boils down to a matter of extreme, cynical, hardball politics:

“Secession can come in many forms—just ask anyone in Texas who cares to discuss the issue with you. One particularly effective strain currently wending its way through America has been largely ignored by reporters, political analysts, and legal scholars, even though it’s a bipartisan problem within the federal government itself that undermines the rule of law and hinders the lives of millions of citizens.

Call it secession by attrition. Read More

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This morning’s Greensboro News & Record is spot on in an editorial regarding the efforts of Republican lawmakers to keep communications related to the monster voting law secret. Here’s the conclusion:

“Just as literacy tests were really intended, not to make sure voters could read, but to limit voting by blacks, so might similar motives underlie newer forms of voting restrictions. Since federal courts have jurisdiction over state voting laws, they can compel the release of evidence that otherwise might be protected by legislative immunity. Many of the documents sought are communications between legislators and outside parties that normally would be considered public under the state’s open records law. Greater protection can be allowed for communications between legislators and their lawyers or those circulated only among legislators and their staffs.

The judge directed plaintiffs and defendants to confer in more detail about specific documents and issue a status report. A final decision will follow eventually — the case isn’t scheduled to go to trial until next year — but [Judge] Peake indicated she will order legislators to turn over at least some of the documents requested.

The way to get to the truth of the matter is to see what legislators were saying among themselves about the new voting laws.

Read the entire editorial by clicking here.