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In It to Win It
In It to Win It's Journal
In It to Win It's Journal
May 5, 2023
No One Is Talking About What Ron DeSantis Has Actually Done to Florida
TIMEMedia coverage of Florida Gov. Ron DeSantiss all-but-announced candidacy for president is already in full frenzy, and so far the script is exactly as his handlers would like it to be. The governor regularly opens up new fronts in the culture wars, sowing alarm over critical race theory, transgender rights, or border policies. In response, liberal pundits fall into the trap of accentuating the very issues DeSantis has chosen to fire up his base.
Omitted from the public debate about DeSantiss policies is almost any discussion of his actual record of governancewhat exactly he has delivered to the citizens of his state, especially those without seven-figure incomes and lush investment portfolios.
Even a cursory dip into the statistics of social and economic well-being reveals that Florida falls short in almost any measure that matters to the lives of its citizens. More than four years into the DeSantis governorship, Florida continues to languish toward the bottom of state rankings assessing the quality of health care, school funding, long-term elder care, and other areas key to a successful society.
Florida may be the place where woke goes to dieas DeSantis is fond of sayingbut it is also where teachers salaries are among the lowest in the nation, unemployment benefits are stingier than in any other state, and wage theft flourishes with little interference from the DeSantis administration. In 2021, DeSantis campaigned against a successful ballot initiative to raise the states minimum wage, which had been stuck at $8.65 an hour. Under DeSantiss watch, the Sunshine State has not exactly been a workers paradise.
Omitted from the public debate about DeSantiss policies is almost any discussion of his actual record of governancewhat exactly he has delivered to the citizens of his state, especially those without seven-figure incomes and lush investment portfolios.
Even a cursory dip into the statistics of social and economic well-being reveals that Florida falls short in almost any measure that matters to the lives of its citizens. More than four years into the DeSantis governorship, Florida continues to languish toward the bottom of state rankings assessing the quality of health care, school funding, long-term elder care, and other areas key to a successful society.
Florida may be the place where woke goes to dieas DeSantis is fond of sayingbut it is also where teachers salaries are among the lowest in the nation, unemployment benefits are stingier than in any other state, and wage theft flourishes with little interference from the DeSantis administration. In 2021, DeSantis campaigned against a successful ballot initiative to raise the states minimum wage, which had been stuck at $8.65 an hour. Under DeSantiss watch, the Sunshine State has not exactly been a workers paradise.
May 5, 2023
https://twitter.com/fedjudges/status/1654573847130292225
Iowa Supreme Court overturns 2017 ruling that allowed constitutional claims against state
Iowa Supreme Court overturns 2017 ruling that allowed constitutional claims against stateSix years after ruling Iowans could bring suit against the state over violations of their state constitutional rights, the Iowa Supreme Court reversed itself Friday, holding that plaintiffs can seek damages for constitutional violations only where specifically permitted by the Legislature.
Friday's decision, which involved an Iowa City-area garbage truck driver arrested for refusing to cooperate in a police inspection of his truck, overturns the 2017 decision known as Godfrey II. In that case, the court considered what to do with violations of Iowa constitutional rights for which no statute, such as the Iowa Civil Rights Act or Iowa Tort Claims Act, explicitly authorized lawsuits against the state.
The court in that case ruled that such lawsuits were permissible, even without legislative authorization. But on Friday, the court, which has seen more than 50% turnover since 2017, held that decision and all its successor cases were decided wrongly.
Justice Edward Mansfield wrote for the now-unanimous court that Friday's decision will "restore the law as it existed in this state before 2017."
Friday's decision, which involved an Iowa City-area garbage truck driver arrested for refusing to cooperate in a police inspection of his truck, overturns the 2017 decision known as Godfrey II. In that case, the court considered what to do with violations of Iowa constitutional rights for which no statute, such as the Iowa Civil Rights Act or Iowa Tort Claims Act, explicitly authorized lawsuits against the state.
The court in that case ruled that such lawsuits were permissible, even without legislative authorization. But on Friday, the court, which has seen more than 50% turnover since 2017, held that decision and all its successor cases were decided wrongly.
Justice Edward Mansfield wrote for the now-unanimous court that Friday's decision will "restore the law as it existed in this state before 2017."
John Doe
@fedjudges
Today, the Iowa Supreme Court overruled its precedents allowing for damages suits under the state constitution (analogous to Bivens claims).
https://iowacourts.gov/courtcases/17340/embed/SupremeCourtOpinion
@fedjudges
Today, the Iowa Supreme Court overruled its precedents allowing for damages suits under the state constitution (analogous to Bivens claims).
https://iowacourts.gov/courtcases/17340/embed/SupremeCourtOpinion
https://twitter.com/fedjudges/status/1654573847130292225
May 5, 2023
https://twitter.com/mjs_DC/status/1654552623603933184
NEW: Supreme Court issues a temporary stay of execution for Richard Glossip.
Previous post: Oklahoma's Top Prosecutor Doesn't Want to Execute a Likely Innocent Man
Previous post: Paul Clement and a Republican AG are begging *this* SCOTUS to stop Oklahoma from killing a man
Mark Joseph Stern
@mjs_DC
NEW: Supreme Court issues a temporary stay of execution for Richard Glossip. No noted dissents; Gorsuch recused.
@mjs_DC
NEW: Supreme Court issues a temporary stay of execution for Richard Glossip. No noted dissents; Gorsuch recused.
The decisive factor here is almost certainly Oklahoma's Republican Attorney General urging the Supreme Court to stay the execution. The AG believes Glossip's conviction and death sentence should be vacated. https://supremecourt.gov/DocketPDF/22/22A941/265824/20230501154508421_2023.05.01%20Response%20Stay-Final.pdf
https://twitter.com/mjs_DC/status/1654552623603933184
May 5, 2023
I'll add my thoughts about abortion rights in Florida as a lifelong resident of Florida that wants to see abortion protected under state law... at this point in time, I'm conflicted on whether it is the best strategy for protecting abortion rights in Florida is a ballot initiative. I'm conflicted simply because I don't know how the state supreme court will rule. I think that when it comes to constitutional law in the state of Florida, abortion proponents have the winning hand (or at least they should). If the state supreme court upholds abortion rights, I think the ballot box would be too risky.
In the state of Florida, 60% of voters would need to vote 'yes' on a new constitutional amendment. The people of Florida are crazy. I'm not confident that an abortion rights amendment could get 60% of the vote in Florida. I'm confident it would get a majority, but my confidence is not as high that it would get the required 60%. If it doesn't get 60%, or even worse that it doesn't get a majority of voters, I think that would give new momentum to the anti-abortion movement within the state. For whatever reason, if the proposed amendment gets on the ballot and doesn't pass, they will use it to say the state doesn't want abortion rights because if they did, the amendment would have passed. In 2012, we had an abortion amendment on the ballot, and the abortion rights side received 55% of the vote. That's great, but it's not 60% and the state has only gotten redder since 2012.
Florida abortion rights supporters want voters to decide the issue
Florida abortion rights supporters want voters to decide the issueTALLAHASSEE After the Legislature and Gov. Ron DeSantis approved a law to prevent abortions after six weeks of pregnancy, abortion-rights supporters want to take the issue to voters.
Floridians Protecting Freedom, a newly formed group, will hold a news conference Monday in Tallahassee to begin a campaign to pass a constitutional amendment supporting abortion rights, according to a news release Friday.
Floridians Protecting Freedom is launching a ballot initiative campaign to give Florida voters the chance to ensure their personal medical decisions are theirs and theirs alone to make, the news release said. The decision to have an abortion belongs to Floridians, their families, and those they trust this campaign is an opportunity to ensure those protections remain in our state Constitution.
The news release did not provide details of the proposal, but it comes after lawmakers and DeSantis this year approved the six-week limit and as a legal battle plays out about whether a privacy clause in the Florida Constitution protects abortion rights.
Floridians Protecting Freedom, a newly formed group, will hold a news conference Monday in Tallahassee to begin a campaign to pass a constitutional amendment supporting abortion rights, according to a news release Friday.
Floridians Protecting Freedom is launching a ballot initiative campaign to give Florida voters the chance to ensure their personal medical decisions are theirs and theirs alone to make, the news release said. The decision to have an abortion belongs to Floridians, their families, and those they trust this campaign is an opportunity to ensure those protections remain in our state Constitution.
The news release did not provide details of the proposal, but it comes after lawmakers and DeSantis this year approved the six-week limit and as a legal battle plays out about whether a privacy clause in the Florida Constitution protects abortion rights.
I'll add my thoughts about abortion rights in Florida as a lifelong resident of Florida that wants to see abortion protected under state law... at this point in time, I'm conflicted on whether it is the best strategy for protecting abortion rights in Florida is a ballot initiative. I'm conflicted simply because I don't know how the state supreme court will rule. I think that when it comes to constitutional law in the state of Florida, abortion proponents have the winning hand (or at least they should). If the state supreme court upholds abortion rights, I think the ballot box would be too risky.
In the state of Florida, 60% of voters would need to vote 'yes' on a new constitutional amendment. The people of Florida are crazy. I'm not confident that an abortion rights amendment could get 60% of the vote in Florida. I'm confident it would get a majority, but my confidence is not as high that it would get the required 60%. If it doesn't get 60%, or even worse that it doesn't get a majority of voters, I think that would give new momentum to the anti-abortion movement within the state. For whatever reason, if the proposed amendment gets on the ballot and doesn't pass, they will use it to say the state doesn't want abortion rights because if they did, the amendment would have passed. In 2012, we had an abortion amendment on the ballot, and the abortion rights side received 55% of the vote. That's great, but it's not 60% and the state has only gotten redder since 2012.
May 5, 2023
I'll add my thoughts about abortion rights in Florida as a lifelong resident of Florida that wants to see abortion protected under state law... at this point in time, I'm conflicted on whether it is the best strategy for protecting abortion rights in Florida is a ballot initiative. I'm conflicted simply because I don't know how the state supreme court will rule. I think that when it comes to constitutional law in the state of Florida, abortion proponents have the winning hand (or at least they should). If the state supreme court upholds abortion rights, I think the ballot box would be too risky.
In the state of Florida, 60% of voters would need to vote 'yes' on a new constitutional amendment. The people of Florida are crazy. I'm not confident that an abortion rights amendment could get 60% of the vote in Florida. I'm confident it would get a majority, but my confidence is not as high that it would get the required 60%. If it doesn't get 60%, or even worse that it doesn't get a majority of voters, I think that would give new momentum to the anti-abortion movement within the state. For whatever reason, if the proposed amendment gets on the ballot and doesn't pass, they will use it to say the state doesn't want abortion rights because if they did, the amendment would have passed. In 2012, we had an abortion amendment on the ballot, and the abortion rights side received 55% of the vote. That's great, but it's not 60% and the state has only gotten redder since 2012.
Florida abortion rights supporters want voters to decide the issue
Florida abortion rights supporters want voters to decide the issueTALLAHASSEE After the Legislature and Gov. Ron DeSantis approved a law to prevent abortions after six weeks of pregnancy, abortion-rights supporters want to take the issue to voters.
Floridians Protecting Freedom, a newly formed group, will hold a news conference Monday in Tallahassee to begin a campaign to pass a constitutional amendment supporting abortion rights, according to a news release Friday.
Floridians Protecting Freedom is launching a ballot initiative campaign to give Florida voters the chance to ensure their personal medical decisions are theirs and theirs alone to make, the news release said. The decision to have an abortion belongs to Floridians, their families, and those they trust this campaign is an opportunity to ensure those protections remain in our state Constitution.
The news release did not provide details of the proposal, but it comes after lawmakers and DeSantis this year approved the six-week limit and as a legal battle plays out about whether a privacy clause in the Florida Constitution protects abortion rights.
Floridians Protecting Freedom, a newly formed group, will hold a news conference Monday in Tallahassee to begin a campaign to pass a constitutional amendment supporting abortion rights, according to a news release Friday.
Floridians Protecting Freedom is launching a ballot initiative campaign to give Florida voters the chance to ensure their personal medical decisions are theirs and theirs alone to make, the news release said. The decision to have an abortion belongs to Floridians, their families, and those they trust this campaign is an opportunity to ensure those protections remain in our state Constitution.
The news release did not provide details of the proposal, but it comes after lawmakers and DeSantis this year approved the six-week limit and as a legal battle plays out about whether a privacy clause in the Florida Constitution protects abortion rights.
I'll add my thoughts about abortion rights in Florida as a lifelong resident of Florida that wants to see abortion protected under state law... at this point in time, I'm conflicted on whether it is the best strategy for protecting abortion rights in Florida is a ballot initiative. I'm conflicted simply because I don't know how the state supreme court will rule. I think that when it comes to constitutional law in the state of Florida, abortion proponents have the winning hand (or at least they should). If the state supreme court upholds abortion rights, I think the ballot box would be too risky.
In the state of Florida, 60% of voters would need to vote 'yes' on a new constitutional amendment. The people of Florida are crazy. I'm not confident that an abortion rights amendment could get 60% of the vote in Florida. I'm confident it would get a majority, but my confidence is not as high that it would get the required 60%. If it doesn't get 60%, or even worse that it doesn't get a majority of voters, I think that would give new momentum to the anti-abortion movement within the state. For whatever reason, if the proposed amendment gets on the ballot and doesn't pass, they will use it to say the state doesn't want abortion rights because if they did, the amendment would have passed. In 2012, we had an abortion amendment on the ballot, and the abortion rights side received 55% of the vote. That's great, but it's not 60% and the state has only gotten redder since 2012.
May 5, 2023
Opinion | Democracy Docket
Kansas election law ruled unconstitutional as federal judge sides with voter advocates
Kansas election law ruled unconstitutional as federal judge sides with voter advocatesOpinion | Democracy Docket
A federal judge struck down portions of a controversial Kansas election law on Thursday, ruling them unconstitutional.
U.S. District Court Judge Kathryn Vratil struck down provisions in statute KSA 25-1122 banning out-of-state entities from mailing advance ballot applications and prohibiting the applications from containing any pre-filled information.
Both provisions had previously been temporarily blocked, and Vratil last year permanently enjoined the state from enforcing the out-of-state mail provisions.
That left only the personalized application ban remaining to address in Thursday's ruling from the federal courthouse in Kansas City, Kan.
"Defendants have not established that the Personalized Application Prohibition is narrowly tailored to achieve the state's alleged interests in the enhancement of public confidence in the integrity of the electoral process and avoiding fraud, the avoidance of voter confusion or the facilitation of orderly and efficient election administration," Vratil wrote. "The Personalized Application Prohibition cannot withstand strict scrutiny and is therefore an unconstitutional infringement on plaintiffs First Amendment rights to speech and association."
U.S. District Court Judge Kathryn Vratil struck down provisions in statute KSA 25-1122 banning out-of-state entities from mailing advance ballot applications and prohibiting the applications from containing any pre-filled information.
Both provisions had previously been temporarily blocked, and Vratil last year permanently enjoined the state from enforcing the out-of-state mail provisions.
That left only the personalized application ban remaining to address in Thursday's ruling from the federal courthouse in Kansas City, Kan.
"Defendants have not established that the Personalized Application Prohibition is narrowly tailored to achieve the state's alleged interests in the enhancement of public confidence in the integrity of the electoral process and avoiding fraud, the avoidance of voter confusion or the facilitation of orderly and efficient election administration," Vratil wrote. "The Personalized Application Prohibition cannot withstand strict scrutiny and is therefore an unconstitutional infringement on plaintiffs First Amendment rights to speech and association."
May 4, 2023
https://twitter.com/2Aupdates/status/1654230664743473152
7th Circuit allows enforcement of Illinois' assault weapon and magazine bans for now
Previous post: Federal judge ENJOINS enforcement of Illinois' assault weapon and magazine bans
Rob Romano
@2Aupdates
BREAKING: Barnett v. Raoul (7th Circuit): Judge Easterbrook stays the preliminary injunction against Illinois' "assault weapon" and magazine bans "pending further order of the court," requests a response to the state's motion by 5/9.
@2Aupdates
BREAKING: Barnett v. Raoul (7th Circuit): Judge Easterbrook stays the preliminary injunction against Illinois' "assault weapon" and magazine bans "pending further order of the court," requests a response to the state's motion by 5/9.
https://twitter.com/2Aupdates/status/1654230664743473152
May 3, 2023
No paywall
https://twitter.com/nytimes/status/1653630480170864640
BREAKING: Utah judge temporarily blocks law ending licenses for abortion clinics
NYTNo paywall
A Utah state judge on Tuesday temporarily blocked a new law, one day before it was scheduled to take effect, that would have banned abortion clinics and potentially put a halt to most abortions in the state.
Abortion is legal in Utah up to 18 weeks of pregnancy, and after that only in limited circumstances. But legislators have been trying in recent years to further restrict the procedure. A state law which would ban nearly all abortions is suspended while the Utah Supreme Court considers whether abortion is protected in the Constitution.
While the more stringent ban is temporarily blocked by the legal challenge, the Legislature, dominated by Republicans, passed another bill known as H.B. 467 that was signed into law by the Republican governor and zeroed in on something else: abortion clinics, where 95 percent of all abortions are performed in the state.
Among other provisions, the law makes it a crime to provide abortion anywhere other than a hospital. Abortion clinics would lose their licenses if they performed the procedure. And even if they stopped performing abortions, no new licenses would be issued after May.
Abortion is legal in Utah up to 18 weeks of pregnancy, and after that only in limited circumstances. But legislators have been trying in recent years to further restrict the procedure. A state law which would ban nearly all abortions is suspended while the Utah Supreme Court considers whether abortion is protected in the Constitution.
While the more stringent ban is temporarily blocked by the legal challenge, the Legislature, dominated by Republicans, passed another bill known as H.B. 467 that was signed into law by the Republican governor and zeroed in on something else: abortion clinics, where 95 percent of all abortions are performed in the state.
Among other provisions, the law makes it a crime to provide abortion anywhere other than a hospital. Abortion clinics would lose their licenses if they performed the procedure. And even if they stopped performing abortions, no new licenses would be issued after May.
https://twitter.com/nytimes/status/1653630480170864640
May 2, 2023
https://twitter.com/AnthonyMKreis/status/1653483202076463128
NEW: Florida Senate just passed a law that bans attorneys with DACA from practicing law in the state
Pablo Manríquez
@PabloReports
NEW: Florida Senate just passed a law that bans attorneys with DACA from practicing law in the state starting in Nov. 2028. It's headed to the governor's desk for signature.
@PabloReports
NEW: Florida Senate just passed a law that bans attorneys with DACA from practicing law in the state starting in Nov. 2028. It's headed to the governor's desk for signature.
https://twitter.com/AnthonyMKreis/status/1653483202076463128
May 2, 2023
https://twitter.com/mjs_DC/status/1653452316144443392
Remember the Texas man who sued his wife's friends after they helped her get abortion pills?
Mark Joseph Stern
@mjs_DC
Remember the Texas man who sued his wife's friends after they helped her get abortion pills? He found the pill in his wife's purse while secretly searching it, then put it backhe wanted her to take it so he could then blackmail her into staying with him. https://s3.documentcloud.org/documents/23794899/23-cv-0375-deftscounter-plaintiffs-jackie-noyola-and-amy-carpenters-original-answer-and-counterclaims.pdf
@mjs_DC
Remember the Texas man who sued his wife's friends after they helped her get abortion pills? He found the pill in his wife's purse while secretly searching it, then put it backhe wanted her to take it so he could then blackmail her into staying with him. https://s3.documentcloud.org/documents/23794899/23-cv-0375-deftscounter-plaintiffs-jackie-noyola-and-amy-carpenters-original-answer-and-counterclaims.pdf
The Texas man also searched his wife's phone and took screenshots of texts from her friends talking about medication abortion. Then he reported his wife to the policean effort to prevent her from divorcing him after he emotionally abused her for years. https://s3.documentcloud.org/documents/23794899/23-cv-0375-deftscounter-plaintiffs-jackie-noyola-and-amy-carpenters-original-answer-and-counterclaims.pdf
Jonathan Mitchell, leading light of the anti-abortion movement, chose to represent an abusive husband who called his wife a whore in front of her coworkers, emotionally tormented her, then reported her to the police after she self-managed an abortion. https://s3.documentcloud.org/documents/23794899/23-cv-0375-deftscounter-plaintiffs-jackie-noyola-and-amy-carpenters-original-answer-and-counterclaims.pdf
It is very clear that Jonathan Mitchell is aiding and abetting the abusive manipulation of a violently jealous man who tried to blackmail his ex-wife out of divorcing him. It exemplifies the ends-justify-the-means mentality of the anti-abortion movement. https://s3.documentcloud.org/documents/23794899/23-cv-0375-deftscounter-plaintiffs-jackie-noyola-and-amy-carpenters-original-answer-and-counterclaims.pdf
https://twitter.com/mjs_DC/status/1653452316144443392
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Member since: Sun May 27, 2018, 06:53 PMNumber of posts: 8,231