303 Creative is not, in fact, that case. Why? Because Colorado law does not compel Smith to create a wedding website for a same-sex couple, or for anyone else. It only insists that once Smith has designed a wedding website, she must allow same-sex couples to purchase that product. In essence, Colorado says she must sell her website template to all customers, regardless of their identity. She need not create a new template or “speak” in support of any marriage. At most, if she makes a wedding website for Henry and Fiona, she must sell the same template to Henry and Frank. As Colorado Solicitor General Eric Olson acknowledged, she could even make a template that (for some reason) condemned same-sex marriage. This speech is permitted. Colorado targets only the conduct of refusing to sell that product to gay people.
— Read on slate.com/news-and-politics/2022/12/303-creative-gay-rights-free-speech-supreme-court.html
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2022 5 December:wiiashington post.
People want to believe Brian kemp and Ratffensperger are heroes because they wouldn’t commit the most brazen open federal crimes proposed by donald trump. But the two are like members of the gang that planned everything else and rode along in the car, but wouldn’t go into the liquor store with a gun. They are as sleazy as it gets.
https://apple.news/Ap6c73E9AQYesauvmmhtvGQ
Tuesday’s showdown between Sen. Raphael G. Warnock (D) and Republican challenger Herschel Walker is the product of an unusual general election runoff system that was pushed by a powerful Georgia segregationist who sought to blunt the power of Black voters in the 1960s.
While 10 states use runoffs in primary elections, Georgia and Louisiana are the only two that do so in general elections. Georgia’s system was created in 1964 after the urging of Denmark Groover, who blamed Black voters for a reelection loss and proposed runoffs. Groover later acknowledged the runoff system was intended to suppress Black political representation.
While runoff elections had existed for decades in Southern primaries, Georgia’s enthusiastic adoption of two-round voting came as a way of “ensuring a conservative White candidate won an election,” said Ashton Ellett, a political historian and archivist at the University of Georgia.
“A runoff makes it harder for folks who have less resources to vote. This was before advanced in-person voting or [voting was offered] by mail and when we had many other unfair, iniquitous, undemocratic policies. It wasn’t for a partisan advantage so much as an ideological and cultural one,” Ellett said.
Now, 58 years later, that system is part of the first race in history where two Black men are competing for a U.S. Senate seat, after neither Warnock nor Walker garnered 50 percent of the vote in last month’s election. Walker was born just before the system was created, and Warnock was born soon after. Neither has discussed the system on the trail, and neither campaign has responded to requests for comment on Georgia’s use of runoffs.
Runoffs are common in Georgia’s local and down-ballot races, like contests for the General Assembly, but the race between Warnock and Walker is only the 12th statewide runoff since the system was enacted.
Voting rights groups have been pushing to get rid of the system. State officials estimate that administering another election will cost taxpayers at least $10 million, and campaigns and political groups are expected to spend even more than that.
“Off-cycle elections, that is, elections not held in November of midterm or presidential years, historically see lower turnout overall and especially low turnout for racial and ethnic minority groups,” said Bernard Fraga, a professor of political science at Emory University who studies voter turnout and demographics.
The system added intentional friction to the democratic process and provides “a second chance for the majority group to consolidate support and stymies efforts by numerical minorities to build a winning coalition,” Fraga said.
While 10 states use runoffs in primary elections, Georgia and Louisiana are the only two that do so in general elections. Georgia’s system was created in 1964 after the urging of Denmark Groover, who blamed Black voters for a reelection loss and proposed runoffs. Groover later acknowledged the runoff system was intended to suppress Black political representation.
While runoff elections had existed for decades in Southern primaries, Georgia’s enthusiastic adoption of two-round voting came as a way of “ensuring a conservative White candidate won an election,” said Ashton Ellett, a political historian and archivist at the University of Georgia.
“A runoff makes it harder for folks who have less resources to vote. This was before advanced in-person voting or [voting was offered] by mail and when we had many other unfair, iniquitous, undemocratic policies. It wasn’t for a partisan advantage so much as an ideological and cultural one,” Ellett said.
Now, 58 years later, that system is part of the first race in history where two Black men are competing for a U.S. Senate seat, after neither Warnock nor Walker garnered 50 percent of the vote in last month’s election. Walker was born just before the system was created, and Warnock was born soon after. Neither has discussed the system on the trail, and neither campaign has responded to requests for comment on Georgia’s use of runoffs.
Runoffs are common in Georgia’s local and down-ballot races, like contests for the General Assembly, but the race between Warnock and Walker is only the 12th statewide runoff since the system was enacted.
Voting rights groups have been pushing to get rid of the system. State officials estimate that administering another election will cost taxpayers at least $10 million, and campaigns and political groups are expected to spend even more than that.
“Off-cycle elections, that is, elections not held in November of midterm or presidential years, historically see lower turnout overall and especially low turnout for racial and ethnic minority groups,” said Bernard Fraga, a professor of political science at Emory University who studies voter turnout and demographics.
The system added intentional friction to the democratic process and provides “a second chance for the majority group to consolidate support and stymies efforts by numerical minorities to build a winning coalition,” Fraga said.
Even with little access to the ballot, a marginal number of Black voters could help elect a less hard-line segregationist in parts of the South, Kousser said. Headlines in the Macon Telegraph chronicled the “bloc voting controversy” in which Groover and his supporters effectively argued that Black votes were tantamount to fraud.
After a later reelection, Groover proposed a bill enacting runoff elections to stop “bloc voting” in any new system. A 1964 election law study committee adopted a version of Groover’s proposal weeks before the Civil Rights Act of 1964 was passed.
“When the county system went, people like Groover were looking for ways to make sure that Black voting power was diluted,” said Lawson.
The system was codified in the state constitution through a 1968 referendum after Georgia’s political machine was shocked by the chaotic 1966 election of Lester Maddox, a populist arch-segregationist, as governor. Much of the state’s political establishment believed Maddox would have lost in a runoff to a less outspoken segregationist, Bullock said, but the governorship was the only office the 1964 changes hadn’t applied to because of a 19th-century legal quirk.
Groover was so committed to the state’s defunct electoral laws that as the 1964 legislative session ended, signaling the end of the county unit system and amid a tense congressional redistricting fight, Groover crawled across the chamber’s balcony to remove its official clock in a symbolic show of stopping time in its place.
From the start of the process through the 1980s, civil rights groups argued it was intentionally burdensome on counties, campaigns and Black political activists. Coupled with policies like harsh gerrymandering and countywide elections, many Black candidates outside Atlanta found it difficult to succeed alongside the state’s still byzantine election rules.
The system came under federal scrutiny in 1990, when the Justice Department and American Civil Liberties Union jointly sued Georgia over its runoff policy, describing the practice writ large as a means of exhausting and diluting Black votes. A key part of that litigation: admissions from Groover who late in life openly acknowledged the racial motivations behind his policies.
According to a court deposition, Groover told federal investigators that “I was a segregationist. I was a county unit man. But if you want to establish if I was racially prejudiced, I was. If you want to establish that some of my political activity was racially motivated, it was.”
The department lost in federal trial and appeals court. Judges accepted the state’s defense that the system was created to combat corruption in the county unit system.
“The judge was willing to believe that while Groover was a racist, he wasn’t responsible for this system,” Lawson said.
In 1994, the state legislature changed the threshold for a runoff, requiring a candidate to earn at least 45 percent of votes instead of 50 percent. But Republicans changed it back in 2008 after narrowly losing a Senate race in 1996. The effort was led by then-Gov. Sonny Perdue (R), whose cousin, David Perdue, narrowly lost a 2021 runoff election for U.S. Senate to Democrat Jon Ossoff.
In 2021, Georgia Republicans passed a sweeping and controversial voter law that shortened the time between an election and a runoff from nine weeks to four, leading to confusion and stress for election administrators.
Georgia’s governing Republicans have largely avoided the issue during legislative sessions and skirted answering whether they support the runoff system, though they keep the door open about whether the process can be reformed. Georgia Secretary of State Brad Raffensperger (R) and his staff “will be looking at the entire process for possible improvements once this one is successfully complete,” said Mike Hassinger, a spokesman.
Voting rights groups in Georgia overwhelmingly support abolishing runoffs. While many activists would like Georgia to name winners based on whoever gets the most votes, as happens in most states, others see this as an opportunity to implement ranked-choice voting or another system.
“It needs to go. It needs to change,” said Hillary Holley, executive director of Care In Action, a voting rights and labor group. “It is a relic of Jim Crow, it is suppressive, inefficient and is also fiscally irresponsible. It needs to just go away.”
Matthew Brown is a democracy reporter focusing on Georgia elections, voting and civic engagement. -
SATURDAY 3 DECEMBER 2022
(Note: Where the f did the week go?)
Ukraine Twitter
- Anchor at Russian “opposition” TV channel based in Latvia, requests viewers help Russian troops buy equipment. Channel apologizes.
- (Politico) U.S. trying to get Middle Eastern countries to shift air defense systems to Ukraine in the next three to six months. U.S. then to replace.
- Russian power facility in the Kursk region hit overnight. This may be an attack in kind for the attacks on Ukraine’s electricity network. (Note: If so, great.)
- Wagner group admits they are far from taking Bakhmut, but brag about essentially being on a suicide mission.
- A Russian couple living in Sweden for 20 years arrested under suspicion of working for the Russian intelligence services.
- Railroads are essential to Russian military logistics and supply. After the destruction of the railroad section in the Crimean bridge, they are facing significant logistical issues and frantically looking for solutions to reinforce their Southern group. This explains a desperate attempt to take the region around Vuhledar.
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Russia has failed to understand the importance of airpower.
— Read on www.theatlantic.com/ideas/archive/2022/05/russian-military-air-force-failure-ukraine/629803/ -
Ukraine’s president asked for legislation to outlaw religious organizations affiliated with Russia. Kyiv says a Ukrainian Orthodox monastery that was raided last week may have hosted Russian spies.
Following a raid last week on a Ukrainian Orthodox monastery that Kyiv said was possibly housing Russian spies, Ukraine’s president asked lawmakers to pass legislation that would ban the operation of religious organizations “affiliated with centers of influence” in Russia.
The Ukrainian Orthodox Church has recently come under scrutiny from Ukrainian officials who suspect that many priests are collaborating with Russia and worry that the church is promoting pro-Russian views. That branch of the Eastern Orthodox Church followed spiritual leaders in Moscow up until this spring, when it publicly broke allegiance with Russia over the war. Still, many priests remain loyal to the Kremlin.
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As Russia invades Ukraine, a secret US-brokered deal gave the Chinese Communist Party a European foothold. Be cross, not grateful.
— Read on cepa.org/article/chinas-victory-in-ukraine/ -
Since the invasion began in February, Kazakhstan has chosen to abstain rather than back Russia during a number of key UN votes on the war.
— Read on www.atlanticcouncil.org/blogs/ukrainealert/as-putin-retreats-in-ukraine-he-is-also-losing-kazakhstan/ -
TUESDAY 29 NOVEMBER 2022
Ahmad Arbery Case
- The Atlanta Journal is reporting that former DA for the Brunswick Circuit District, Jackie Johnson, has finally been given an arraignment date.
- It is highly unusual for a person charged with two felonies to have 14 months before they are arraigned.
- Many of us here in Glynn County believed that she would never be tried. She tried her best to prevent the three men who murdered Ahmaud Arbery from even being arrested.
- What has provoked this sudden decision to make an arraignment date? It is possible that the reporting by the Atlanta Journal detailing the unusual nature of the lag in time for the arraignment had an impact.
- Superior Court Judge John R. Turner scheduled the first court hearing for December 29. On that day Johnso can formerly enter her plea and present motions to dismiss one of the counts.
- Johnson was indicted on September 2, 2021. She is accused of hindering the police investigation of the Arbery murder.
- All Glynn County judges recused themselves. Turner is a former Bulloch County Judge.
- Quote from the Atlanta Journal
- “After the killing, Johnson recused herself from the case because Greg McMichael once worked for her. She then called District Attorney George Barnhill in a neighboring judicial circuit and asked him to look at the case. Barnhill oversaw the investigation before ultimately deciding to recuse himself from the case. But before he did so, he wrote a highly controversial letter in which he said he believed Arbery’s killing was justified.
- The AG’s Office then assigned the case to the Cobb DA’s Office, which secured the indictment, tried the case and obtained the convictions at a trial that ended the day before Thanksgiving in 2021.
- A motion filed six months ago by Johnson’s lawyers contends there is “not a scintilla of evidence” that shows Johnson told two Glynn County police officers not to arrest Travis McMichael the day of the shooting. The AG’s Office, which is prosecuting the former DA, filed a response urging the charge to be allowed to go before a jury at trial.
- In the violation of oath of office charge, Johnson is accused of failing to treat Arbery’s family fairly and with dignity; showing favor to her former employee, Greg McMichael; and failing to tell the AG’s Office she had asked Barnhill for assistance with the case before recommending that he be assigned it.”
- The article in the AJC noting the unprecedented lag in time between indictment and arraignment was published on November 22, 2022.
- Johnson has been granted bond and has been free all this time.
- She has yet to have a court appearance.
- An arraignment typically occurs within a few weeks or months of an indictment.
TUESDAY 29 NOVEMBER 2022
UKRAINE, Notes from the News
The Guardian (11/29/22)
- Fighting in Bakhmut continues and is described by the Guardian as a “bloody morass.”
- The Russians moved reinforcements there from the Kherson region. The fighting has descended into trench warfare.
- There is also heavy fighting around Soledar, with mercenaries from the Wagner Group in the forefront.
- (Note: Wagner recruits include pardoned convicts)
- Ukraine’s presidential office described the conditions as “catastrophic.:
- Because Bakhmut has little strategic importance, the reporting is that the Wagner-led efforts “appear to have become more about the prestige of Wagner in the Kremlin’s inner circles than any joined-up military thinking.”
- Because of the pounding of infrastructure, residents of Kyiv might have to be evacuated.
The Telegraph
- Europe can expect more Ukrainian refugees during the winter, as Putin uses the weather and infrastructure attacks as a weapon intended to demoralize citizens.
- It is estimated that eight million civilians have left the country.
- Russia is deploying long range missiles in Belarus. This action does not significantly increase Russia’s range, but does draw Belarus more deeply into the war.
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I think his view is that basically either Ukrainians can be turned into good Russians or they can be destroyed. And
— Read on www.npr.org/2022/11/29/1139464673/ukraine-russia-putin-war-luke-harding-invasion -
TUESDAY 29 NOVEMBER 2022
Ahmad Arbery Case
- The Atlanta Journal is reporting that former DA for the Brunswick Circuit District, Jackie Johnson, has finally been given an arraignment date.
- It is highly unusual for a person charged with two felonies to have 14 months before they are arraigned.
- Many of us here in Glynn County believed that she would never be tried. She tried her best to prevent the three men who murdered Ahmaud Arbery from even being arrested.
- What has provoked this sudden decision to make an arraignment date? It is possible that the reporting by the Atlanta Journal detailing the unusual nature of the lag in time for the arraignment had an impact.
- Superior Court Judge John R. Turner scheduled the first court hearing for December 29. On that day Johnso can formerly enter her plea and present motions to dismiss one of the counts.
- Johnson was indicted on September 2, 2021. She is accused of hindering the police investigation of the Arbery murder.
- All Glynn County judges recused themselves. Turner is a former Bulloch County Judge.
- Quote from the Atlanta Journal
- “After the killing, Johnson recused herself from the case because Greg McMichael once worked for her. She then called District Attorney George Barnhill in a neighboring judicial circuit and asked him to look at the case. Barnhill oversaw the investigation before ultimately deciding to recuse himself from the case. But before he did so, he wrote a highly controversial letter in which he said he believed Arbery’s killing was justified.
- The AG’s Office then assigned the case to the Cobb DA’s Office, which secured the indictment, tried the case and obtained the convictions at a trial that ended the day before Thanksgiving in 2021.
- A motion filed six months ago by Johnson’s lawyers contends there is “not a scintilla of evidence” that shows Johnson told two Glynn County police officers not to arrest Travis McMichael the day of the shooting. The AG’s Office, which is prosecuting the former DA, filed a response urging the charge to be allowed to go before a jury at trial.
- In the violation of oath of office charge, Johnson is accused of failing to treat Arbery’s family fairly and with dignity; showing favor to her former employee, Greg McMichael; and failing to tell the AG’s Office she had asked Barnhill for assistance with the case before recommending that he be assigned it.”
- The article in the AJC noting the unprecedented lag in time between indictment and arraignment was published on November 22, 2022.
- Johnson has been granted bond and has been free all this time.
- She has yet to have a court appearance.
- An arraignment typically occurs within a few weeks or months of an indictment.
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A prominent member of the Belarusian opposition serving an 11-year prison sentence for helping organise anti-government protests has been taken to a hospital emergency department and underwent surgery, her father has said.
— Read on www.aljazeera.com/news/2022/11/29/imprisoned-belarus-activist-taken-to-hospital-emergency-unit