Arizona Republicans discriminated against minority voters, court rules

The Guardian US Edition ^ | Jan 27, 2020 | staff

[grey_whiskers]

A federal court has ruled Arizona Republicans’ ban on mail-in ballots is illegal and unconstitutional, calling it intentionally discriminatory toward people of color, who already face increased barriers to voting. The ruling is a major victory for the Democratic party, which filed the suit, and will likely make it easier for minorities to get their ballots counted in the largely red state.

[kiryandil]

This was a Ninth Circus en banc decision.

"Four of 11 judges on the panel dissented, saying the panel struck down duly enacted policies."

Martha S. Berzon [Clinton judge] replaced Susan P. Graber [Clinton judge].

• Sidney R. Thomas [chief judge] - Rapin Bill judge
• William A. Fletcher - Rapin Bill judge
• Paul J. Watford - ClownBammy judge
• Martha S. Berzon - Rapin Bill judge
• Johnnie B. Rawlinson - Rapin Bill judge
• Mary H. Murguia - ClownBammy judge
• John B. Owens - ClownBammy judge

Dissenting [Arizona law is Constitutional]:

• Diarmuid F. O'Scannlain - Reagan judge
• Jay S. Bybee - Dubya judge
• Richard R. Clifton - Dubya judge
• Consuelo M. Callahan - Dubya judge

TOTALLY "non-partisan" decision, in the Judicial Fantasy World of John Roberts...

    

[kiryandil]

Ninth Circus current composition:

Age	Title	Judge	                        Duty station	Born	Term of service	                Appointed by
66	Chief Judge	Sidney R. Thomas	Billings, MT	1953	1996–present	2014–present	Clinton
70	Circuit Judge	Susan P. Graber	        Portland, OR	1949	1998–present	—	—	Clinton
68	Circuit Judge	M. Margaret McKeown	San Diego, CA	1951	1998–present	—	—	Clinton
65	Circuit Judge	Kim McLane Wardlaw	Pasadena, CA	1954	1998–present	—	—	Clinton
74	Circuit Judge	William A. Fletcher	San Francisco	1945	1998–present	—	—	Clinton
73	Circuit Judge	Ronald M. Gould	        Seattle, WA	1946	1999–present	—	—	Clinton
72	Circuit Judge	Richard Paez	        Pasadena, CA	1947	2000–present	—	—	Clinton
74	Circuit Judge	Marsha S. Berzon	San Francisco	1945	2000–present	—	—	Clinton
67	Circuit Judge	Johnnie B. Rawlinson	Las Vegas, NV	1952	2000–present	—	—	Clinton
66	Circuit Judge	Jay Bybee	        Las Vegas, NV	1953	2003–present	—	—	G.W. Bush
69	Circuit Judge	Consuelo Callahan	Sacramento, CA	1950	2003–present	—	—	G.W. Bush
85	Circuit Judge	Carlos Bea	        San Francisco	1934	2003–present	—	—	G.W. Bush
77	Circuit Judge	Milan Smith	        El Segundo, CA	1942	2006–present	—	—	G.W. Bush
65	Circuit Judge	Sandra Segal Ikuta   *	Pasadena, CA	1954	2006–present	—	—	G.W. Bush
59	Circuit Judge	Mary H. Murguia	        Phoenix, AZ	1960	2011–present	—	—	Obama
58	Circuit Judge	Morgan Christen	        Anchorage, AK	1961	2012–present	—	—	Obama
54	Circuit Judge	Jacqueline Nguyen	Pasadena, CA	1965	2012–present	—	—	Obama
52	Circuit Judge	Paul J. Watford	        Pasadena, CA	1967	2012–present	—	—	Obama
72	Circuit Judge	Andrew D. Hurwitz	Phoenix, AZ	1947	2012–present	—	—	Obama
48	Circuit Judge	John B. Owens	        San Diego, CA	1971	2014–present	—	—	Obama
47	Circuit Judge	Michelle Friedland	San Jose, CA	1972	2014–present	—	—	Obama
66	Circuit Judge	Mark J. Bennett	     *  Honolulu, HI	1953	2018–present	—	—	Trump
46	Circuit Judge	Ryan D. Nelson	     *  Idaho Falls, ID	1973	2018–present	—	—	Trump
44	Circuit Judge	Eric D. Miller       *	Seattle, WA	1975	2019–present	—	—	Trump
54	Circuit Judge	Bridget Shelton Bade	Phoenix, AZ	1965	2019–present	—	—	Trump
56	Circuit Judge	Daniel P. Collins    *	Pasadena, CA	1963	2019–present	—	—	Trump
44	Circuit Judge	Kenneth K. Lee	     *  San Diego, CA	1975	2019–present	—	—	Trump
40	Circuit Judge	Daniel Aaron Bress   *	San Francisco	1979	2019–present	—	—	Trump
42	Circuit Judge	Danielle J. Hunsaker *	Portland, OR	1977	2019–present	—	—	Trump
41	Circuit Judge	Patrick J. Bumatay   *	San Diego, CA	1978	beg. 2019	—	—	Trump
47	Circuit Judge	Lawrence VanDyke     * 	Reno, NV	1972	beg. 2020	—	—	Trump
96	Senior Circuit 	Alfred Goodwin	        Pasadena, CA	1923	1971–1991	1988–1991	1991–present	Nixon
91	Senior Circuit 	John Clifford Wallace	San Diego, CA	1928	1972–1996	1991–1996	1996–present	Nixon
79	Senior Circuit 	Mary M. Schroeder	Phoenix, AZ	1940	1979–2011	2000–2007	2011–present	Carter
89	Senior Circuit 	Joseph Jerome Farris	Seattle, WA	1930	1979–1995	1995–present	Carter
91	Senior Circuit 	Dorothy Wright Nelson	Pasadena, CA	1928	1979–1995	1995–present	Carter
88	Senior Circuit 	William Canby	        Phoenix, AZ	1931	1980–1996	1996–present	Carter
82	Senior Circuit 	Diarmuid O'Scannlain	Portland, OR	1937	1986–2016	2016–present	Reagan
90	Senior Circuit 	Edward Leavy	        Portland, OR	1929	1987–1997	1997–present	Reagan
80	Senior Circuit 	Stephen S. Trott	Boise, ID	1939	1988–2004	2005–present	Reagan
82	Senior Circuit 	Ferdinand Fernandez	Pasadena, CA	1937	1989–2002	2002–present	G.H.W. Bush
74	Senior Circuit 	Andrew Kleinfeld	Fairbanks, AK	1945	1991–2010	2010–present	G.H.W. Bush
74	Senior Circuit 	Michael Daly Hawkins	Phoenix, AZ	1945	1994–2010	2010–present	Clinton
85	Senior Circuit 	A. Wallace Tashima	Pasadena, CA	1934	1996–2004	2004–present	Clinton
68	Senior Circuit 	Barry G. Silverman	Phoenix, AZ	1951	1998–2016	2016–present	Clinton
80	Senior Circuit 	Raymond C. Fisher	Pasadena, CA	1939	1999–2013	2013–present	Clinton
66	Senior Circuit 	Richard C. Tallman	Coeur d'Alene	1953	2000–2018	2018–present	Clinton
69	Senior Circuit 	Richard Clifton	        Honolulu, HI	1950	2002–2016	2016–present	G.W. Bush
70	Senior Circuit 	N. Randy Smith	        Pocatello, ID	1949	2007–2018	2018–present	G.W. Bush

* denotes Federalist Society member

Age	Title	Judge	                        Duty station	Born	Term of service	                Appointed by
66	Chief Judge	Sidney R. Thomas	Billings, MT	1953	1996–present	2014–present	Clinton
70	Circuit Judge	Susan P. Graber	        Portland, OR	1949	1998–present	—	—	Clinton
68	Circuit Judge	M. Margaret McKeown	San Diego, CA	1951	1998–present	—	—	Clinton
65	Circuit Judge	Kim McLane Wardlaw	Pasadena, CA	1954	1998–present	—	—	Clinton
74	Circuit Judge	William A. Fletcher	San Francisco	1945	1998–present	—	—	Clinton
73	Circuit Judge	Ronald M. Gould	        Seattle, WA	1946	1999–present	—	—	Clinton
72	Circuit Judge	Richard Paez	        Pasadena, CA	1947	2000–present	—	—	Clinton
74	Circuit Judge	Marsha S. Berzon	San Francisco	1945	2000–present	—	—	Clinton
67	Circuit Judge	Johnnie B. Rawlinson	Las Vegas, NV	1952	2000–present	—	—	Clinton
66	Circuit Judge	Jay Bybee	        Las Vegas, NV	1953	2003–present	—	—	G.W. Bush
69	Circuit Judge	Consuelo Callahan	Sacramento, CA	1950	2003–present	—	—	G.W. Bush
85	Circuit Judge	Carlos Bea	        San Francisco	1934	2003–present	—	—	G.W. Bush
77	Circuit Judge	Milan Smith	        El Segundo, CA	1942	2006–present	—	—	G.W. Bush
65	Circuit Judge	Sandra Segal Ikuta   *	Pasadena, CA	1954	2006–present	—	—	G.W. Bush
59	Circuit Judge	Mary H. Murguia	        Phoenix, AZ	1960	2011–present	—	—	Obama
58	Circuit Judge	Morgan Christen	        Anchorage, AK	1961	2012–present	—	—	Obama
54	Circuit Judge	Jacqueline Nguyen	Pasadena, CA	1965	2012–present	—	—	Obama
52	Circuit Judge	Paul J. Watford	        Pasadena, CA	1967	2012–present	—	—	Obama
72	Circuit Judge	Andrew D. Hurwitz	Phoenix, AZ	1947	2012–present	—	—	Obama
48	Circuit Judge	John B. Owens	        San Diego, CA	1971	2014–present	—	—	Obama
47	Circuit Judge	Michelle Friedland	San Jose, CA	1972	2014–present	—	—	Obama
66	Circuit Judge	Mark J. Bennett	     *  Honolulu, HI	1953	2018–present	—	—	Trump
46	Circuit Judge	Ryan D. Nelson	     *  Idaho Falls, ID	1973	2018–present	—	—	Trump
44	Circuit Judge	Eric D. Miller       *	Seattle, WA	1975	2019–present	—	—	Trump
54	Circuit Judge	Bridget Shelton Bade	Phoenix, AZ	1965	2019–present	—	—	Trump
56	Circuit Judge	Daniel P. Collins    *	Pasadena, CA	1963	2019–present	—	—	Trump
44	Circuit Judge	Kenneth K. Lee	     *  San Diego, CA	1975	2019–present	—	—	Trump
40	Circuit Judge	Daniel Aaron Bress   *	San Francisco	1979	2019–present	—	—	Trump
42	Circuit Judge	Danielle J. Hunsaker *	Portland, OR	1977	2019–present	—	—	Trump
41	Circuit Judge	Patrick J. Bumatay   *	San Diego, CA	1978	beg. 2019	—	—	Trump
47	Circuit Judge	Lawrence VanDyke     * 	Reno, NV	1972	beg. 2020	—	—	Trump
96	Senior Circuit 	Alfred Goodwin	        Pasadena, CA	1923	1971–1991	1988–1991	1991–present	Nixon
91	Senior Circuit 	John Clifford Wallace	San Diego, CA	1928	1972–1996	1991–1996	1996–present	Nixon
79	Senior Circuit 	Mary M. Schroeder	Phoenix, AZ	1940	1979–2011	2000–2007	2011–present	Carter
89	Senior Circuit 	Joseph Jerome Farris	Seattle, WA	1930	1979–1995	1995–present	Carter
91	Senior Circuit 	Dorothy Wright Nelson	Pasadena, CA	1928	1979–1995	1995–present	Carter
88	Senior Circuit 	William Canby	        Phoenix, AZ	1931	1980–1996	1996–present	Carter
82	Senior Circuit 	Diarmuid O'Scannlain	Portland, OR	1937	1986–2016	2016–present	Reagan
90	Senior Circuit 	Edward Leavy	        Portland, OR	1929	1987–1997	1997–present	Reagan
80	Senior Circuit 	Stephen S. Trott	Boise, ID	1939	1988–2004	2005–present	Reagan
82	Senior Circuit 	Ferdinand Fernandez	Pasadena, CA	1937	1989–2002	2002–present	G.H.W. Bush
74	Senior Circuit 	Andrew Kleinfeld	Fairbanks, AK	1945	1991–2010	2010–present	G.H.W. Bush
74	Senior Circuit 	Michael Daly Hawkins	Phoenix, AZ	1945	1994–2010	2010–present	Clinton
85	Senior Circuit 	A. Wallace Tashima	Pasadena, CA	1934	1996–2004	2004–present	Clinton
68	Senior Circuit 	Barry G. Silverman	Phoenix, AZ	1951	1998–2016	2016–present	Clinton
80	Senior Circuit 	Raymond C. Fisher	Pasadena, CA	1939	1999–2013	2013–present	Clinton
66	Senior Circuit 	Richard C. Tallman	Coeur d'Alene	1953	2000–2018	2018–present	Clinton
69	Senior Circuit 	Richard Clifton	        Honolulu, HI	1950	2002–2016	2016–present	G.W. Bush
70	Senior Circuit 	N. Randy Smith	        Pocatello, ID	1949	2007–2018	2018–present	G.W. Bush

Age	Title	Judge	                        Duty station	Born	Term of service	                Appointed by
66	Chief Judge	Sidney R. Thomas	Billings, MT	1953	1996–present	2014–present	Clinton
70	Circuit Judge	Susan P. Graber	        Portland, OR	1949	1998–present	—	—	Clinton
68	Circuit Judge	M. Margaret McKeown	San Diego, CA	1951	1998–present	—	—	Clinton
65	Circuit Judge	Kim McLane Wardlaw	Pasadena, CA	1954	1998–present	—	—	Clinton
74	Circuit Judge	William A. Fletcher	San Francisco	1945	1998–present	—	—	Clinton
73	Circuit Judge	Ronald M. Gould	        Seattle, WA	1946	1999–present	—	—	Clinton
72	Circuit Judge	Richard Paez	        Pasadena, CA	1947	2000–present	—	—	Clinton
74	Circuit Judge	Marsha S. Berzon	San Francisco	1945	2000–present	—	—	Clinton
67	Circuit Judge	Johnnie B. Rawlinson	Las Vegas, NV	1952	2000–present	—	—	Clinton
66	Circuit Judge	Jay Bybee	        Las Vegas, NV	1953	2003–present	—	—	G.W. Bush
69	Circuit Judge	Consuelo Callahan	Sacramento, CA	1950	2003–present	—	—	G.W. Bush
85	Circuit Judge	Carlos Bea	        San Francisco	1934	2003–present	—	—	G.W. Bush
77	Circuit Judge	Milan Smith	        El Segundo, CA	1942	2006–present	—	—	G.W. Bush
65	Circuit Judge	Sandra Segal Ikuta   *	Pasadena, CA	1954	2006–present	—	—	G.W. Bush
59	Circuit Judge	Mary H. Murguia	        Phoenix, AZ	1960	2011–present	—	—	Obama
58	Circuit Judge	Morgan Christen	        Anchorage, AK	1961	2012–present	—	—	Obama
54	Circuit Judge	Jacqueline Nguyen	Pasadena, CA	1965	2012–present	—	—	Obama
52	Circuit Judge	Paul J. Watford	        Pasadena, CA	1967	2012–present	—	—	Obama
72	Circuit Judge	Andrew D. Hurwitz	Phoenix, AZ	1947	2012–present	—	—	Obama
48	Circuit Judge	John B. Owens	        San Diego, CA	1971	2014–present	—	—	Obama
47	Circuit Judge	Michelle Friedland	San Jose, CA	1972	2014–present	—	—	Obama
66	Circuit Judge	Mark J. Bennett	     *  Honolulu, HI	1953	2018–present	—	—	Trump
46	Circuit Judge	Ryan D. Nelson	     *  Idaho Falls, ID	1973	2018–present	—	—	Trump
44	Circuit Judge	Eric D. Miller       *	Seattle, WA	1975	2019–present	—	—	Trump
54	Circuit Judge	Bridget Shelton Bade	Phoenix, AZ	1965	2019–present	—	—	Trump
56	Circuit Judge	Daniel P. Collins    *	Pasadena, CA	1963	2019–present	—	—	Trump
44	Circuit Judge	Kenneth K. Lee	     *  San Diego, CA	1975	2019–present	—	—	Trump
40	Circuit Judge	Daniel Aaron Bress   *	San Francisco	1979	2019–present	—	—	Trump
42	Circuit Judge	Danielle J. Hunsaker *	Portland, OR	1977	2019–present	—	—	Trump
41	Circuit Judge	Patrick J. Bumatay   *	San Diego, CA	1978	beg. 2019	—	—	Trump
47	Circuit Judge	Lawrence VanDyke     * 	Reno, NV	1972	beg. 2020	—	—	Trump
96	Senior Circuit 	Alfred Goodwin	        Pasadena, CA	1923	1971–1991	1988–1991	1991–present	Nixon
91	Senior Circuit 	John Clifford Wallace	San Diego, CA	1928	1972–1996	1991–1996	1996–present	Nixon
79	Senior Circuit 	Mary M. Schroeder	Phoenix, AZ	1940	1979–2011	2000–2007	2011–present	Carter
89	Senior Circuit 	Joseph Jerome Farris	Seattle, WA	1930	1979–1995	1995–present	Carter
91	Senior Circuit 	Dorothy Wright Nelson	Pasadena, CA	1928	1979–1995	1995–present	Carter
88	Senior Circuit 	William Canby	        Phoenix, AZ	1931	1980–1996	1996–present	Carter
82	Senior Circuit 	Diarmuid O'Scannlain	Portland, OR	1937	1986–2016	2016–present	Reagan
90	Senior Circuit 	Edward Leavy	        Portland, OR	1929	1987–1997	1997–present	Reagan
80	Senior Circuit 	Stephen S. Trott	Boise, ID	1939	1988–2004	2005–present	Reagan
82	Senior Circuit 	Ferdinand Fernandez	Pasadena, CA	1937	1989–2002	2002–present	G.H.W. Bush
74	Senior Circuit 	Andrew Kleinfeld	Fairbanks, AK	1945	1991–2010	2010–present	G.H.W. Bush
74	Senior Circuit 	Michael Daly Hawkins	Phoenix, AZ	1945	1994–2010	2010–present	Clinton
85	Senior Circuit 	A. Wallace Tashima	Pasadena, CA	1934	1996–2004	2004–present	Clinton
68	Senior Circuit 	Barry G. Silverman	Phoenix, AZ	1951	1998–2016	2016–present	Clinton
80	Senior Circuit 	Raymond C. Fisher	Pasadena, CA	1939	1999–2013	2013–present	Clinton
66	Senior Circuit 	Richard C. Tallman	Coeur d'Alene	1953	2000–2018	2018–present	Clinton
69	Senior Circuit 	Richard Clifton	        Honolulu, HI	1950	2002–2016	2016–present	G.W. Bush
70	Senior Circuit 	N. Randy Smith	        Pocatello, ID	1949	2007–2018	2018–present	G.W. Bush

[Leep]

Well, making them run this obstacle course and then chug a lugging a beer before they can vote is kind of unfair.

[semimojo]

I usually just drop mine off at my polling place in order to ensure it gets there...

That's exactly the action that the bill would have banned. 80% of AZ voters get their ballots in the mail and this bill says you can mail them back or vote in person, but you can't drop off your completed ballot at the polling place.

The intent was to stop ballot harvesting but I think it's a stupid approach.

[metmom]

BS.

[Vigilanteman]

I know you re being facetious, but you will be considered a minority like Jews in Hitler's Germany.

[cnsmom]

Minorities are sick of being bused from polling place to polling place. Internet voting is next.

[Flaming Conservative]

This is the work of the 9th Circuit Court of Appeals, 7-4, along party lines. Yes, it needs to be sent to the Supreme Court. One of the dissenting judges wrote, “It would give people an incentive to figure out where their actual polling place is”. I agree; if someone cannot be bothered to find out where their polling place is, maybe they should forfeit their right to vote. If obeying the law means nothing to them, that’s their tough luck. (Of course, with the new ruling, they need not be responsible NOR law abiding). Pray without ceasing.

[Henchster]

"..ban on mail-in ballots.."

It is nothing of the sort:

Four years ago, Arizona Republicans made it a felony, punishable by prison time, for third-party groups to collect mail-in ballots during elections – a process often called “ballot harvesting.”

Another 9th Circus temporary ruling that the Supreme Court will have to take the time to reverse.

[Gasshog]

It’s time to reduce the barriers against Peeps of Cullur

They need free taxi rides to go from polling place to polling place. Busses are too slow.

[stylin19a]

harvesting

Four years ago, Arizona Republicans made it a felony, punishable by prison time, for third-party groups to collect mail-in ballots during elections – a process often called “ballot harvesting.”

[Fledermaus]

Riiiiiiiiiiight.

[TexasGurl24]

The en banc panels on the ninth circuit are supposed to be random. There has been quite a bit of talk in legal circles that the liberals on the ninth circuit game the system so that en banc panels consistently get a majority of leftist judges on them.

[Wuli]

Will be appealed, will be overturned.

[montag813]

intentionally discriminatory toward people of color, who already face increased barriers to voting

True! POCs are not allowed to have driver's licenses or other forms of ID, and are not permitted to own cars. RIGHT?

[DiogenesLamp]

A federal court has ruled Arizona Republicans’ ban on mail-in ballots is illegal and unconstitutional, calling it intentionally discriminatory toward people of color, who already face increased barriers to voting.

Because minorities cant' show up and must therefore use the mail?

WTF? On what basis do they claim that requiring people show up to vote is discriminatory? Non minorities have to show up too.

[DiogenesLamp]

A federal court has ruled Arizona Republicans’ ban on mail-in ballots is illegal and unconstitutional. So now a voting option that didn't even exist until a decade ago is now a “constitutional right”, got to love the left and their living document constitutional views.

Pretty sure it's some piece of Schiff liberal liar in a Judge's robe.

[kiryandil]

There has been quite a bit of talk in legal circles that the liberals on the ninth circuit game the system so that en banc panels consistently get a majority of leftist judges on them.

Interesting.

John "Non-Partisan Federal Judges & Unicorns" Roberts would approve this message...

[kiryandil]

See my posts #21 & #22.

[DiogenesLamp]

Judge William A. Fletcher.

A Clinton appointee. Of course it was a Clinton appointee.