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September 2014

Today in New Orleans, attorneys for the State of Texas asked the U.S. Fifth Circuit Court of Appeals for an immediate stay to a previous ruling that disallows regulators from enforcing new laws against abortion providers. Earlier this summer, U.S. District Court Judge Lee Yeakel ruled that the new laws were an unconstitutional undue burden on a woman's right to seek an abortion. That District Court decision has blocked enforcement of the new law “against any abortion provider –- present or future.” Via Bloomberg:
Texas accused Yeakel of making an end run around the appellate court’s 2013 decision that upheld Texas’s admitting-privileges rule, which requires that doctors gain permission to admit patients at a hospital within 30 miles of the clinic where they perform abortions. Women’s health advocates and clinics fighting the anti-abortion limitations said in court filings that letting Texas go ahead with the measures while it appeals would have a “catastrophic impact on the availability of abortion services” in the state. “If a stay is granted, most of the remaining abortion providers would be forced to close overnight,” opponents of the law said in a filing asking the appeals court to deny the state’s request. “Many women’s constitutional rights would be extinguished before the appellate process ran its course, and their lives would be permanently and profoundly altered by the denial of abortion services.”

In a ruling just handed down (h/t RightWisconsin), a panel of the 7th Circuit has vacated a prior injunction staying enforcement of the law, and holding that it will be in effect for this November's election. The full Order is embedded at the bottom of the post. The case was argued before the Court of Appeals earlier today. The critical finding was that recent changes enacted in Wisconsin to make it easier to get an ID obviated the likelihood of irreparable harm, a necessary test for an injunction:
The district court held the state law invalid, and enjoined its implementation, even though it is materially identical to Indiana's photo ID statute, which the Supreme Court held valid in Crawford v. Marion County Election Board, 553 U.S. 181 (2008). It did this based on findings that it thought showed that Wisconsin did not need this law to promote an important governmental interest, and that persons of lower income (disproportionately minorities) are less likely to have driver's licenses, other acceptable photo ID, or the birth certificates needed to obtain them, which led the court to hold that the statute violates §2 of the Voting Rights Act, 42 U.S.C. §1973. After the district court's decision, the Supreme Court of Wisconsin revised the procedures to make it easier for persons who have difficulty affording any fees to obtain the birth certificates or other documentation needed under the law, or to have the need for documentation waived. Milwaukee Branch of NAACP v. Walker, 2014 WI 98 Guly 31, 2014). This reduces the likelihood of irreparable injury, and it also changes the balance of equities and thus the propriety of federal injunctive relief. The panel has concluded that the state's probability of success on the merits of this appeal is sufficiently great that the state should be allowed to implement its law, pending further order of this court.

[Featured Image credit: Kaitlin Owens video] We covered the incident the other night where the anti-Israel Student Senate President Megan Marzec at Ohio University had campus police arrest four pro-Israel students who were protesting the "blood bucket challenge" performed by the Marzec. Marzec came under heavy criticism, including from the Student Senate itself, for her hijacking of the charity fundraising effort for research into an incurable disease, in order to attack Israel. Is there anything the anti-Israel crowd will not make a political battleground? One of the students, Rebecca Sebo, was arrested while reading a Legal Insurrection blog post that collected university president statements against the academic boycott of Israel. [caption id="attachment_99193" align="alignnone" width="575"]http://www.thepostathens.com/news/article_e5def6ee-3940-11e4-9d06-0017a43b2370.html?mode=video (Rebecca Sebo, Ohio University)(photo credit: Kaitlin Owens video)[/caption] As of now, misdemeanor charges of disrupting a public meeting remain pending and have not been dropped:

Rasmussen Reports has released new data showing that just 63% of likely U.S. voters know which political party controls the Senate and the House of Representatives.
Twenty percent (20%) mistakenly believe Democrats control the House, while 17% are not sure. Similarly, 18% think the GOP is in charge in the Senate, but 19% are not sure. ... This is even less awareness than voters expressed in March of last year. Remember, too, that these are respondents who are the likeliest to vote this November and so presumably are more politically aware than most other Americans.
Less than sixty days out from the midterms, and 47% of our most well-informed voters have no idea what this election is about. No wonder the media gets away with murder every time they report on Congress. I've written before about the dangers of pulling away and limiting conservative outreach to voters we're reasonably sure are comfortable with our platform. Polling data like this should only serve to reenforce that idea; unless we are reaching outside of the bubble, we're leaving valuable votes on the table:
Women and those under 40 are less aware of who’s in charge of both congressional chambers than men and older voters are. Republicans are more aware than Democrats and unaffiliated voters, but a sizable number of GOP voters don’t know which party controls which house of Congress.

A new CIA report reveals that the the government's original estimates regarding the strength of the Islamic State's fighting force has fallen short. Previously, the Agency believed that if needed, ISIS could gather up to 10,000 troops. New information, however, has revealed that the group has between 20,000 and 31,500 readily available in Iraq and Syria alone. Via Fox News:
The spokesperson said the new figures were determined after a review of “all-source intelligence reports” on the group from May to August. ... [A CIA] spokesperson said the increase is likely due to the militant’s group recruiting gains after its success on the battlefield. “This new total reflects an increase in members because of stronger recruitment since June following battlefield successes and the declaration of a caliphate, greater battlefield activity, and additional intelligence,” the spokesperson said.
The release of this report comes on the heels of President Obama's address to the nation in response to growing concerns regarding the ability of the Islamic State to threaten American interests. That address---and the counterterrorism plan presented---did little to clear up what has been widely reported as "mixed messaging" from the Administration with regards to America's strategy in the Middle East.

Even though conservative commentator and filmmaker Dinesh D'Souza has admitted wrongdoing in a case where he violated campaign finance law, many of his supporters believe he's being harshly prosecuted for political reasons. A new development in his case reported by Jonathan Stempel of Reuters seems to confirm their suspicions:
U.S. seeks up to 16 months in prison for Dinesh D'Souza The U.S. government wants conservative author and filmmaker Dinesh D'Souza to be sentenced to as much as 16 months in prison, following his guilty plea to a campaign finance law violation. In a Wednesday court filing, federal prosecutors rejected defense arguments that D'Souza was "ashamed and contrite" about his crime, had "unequivocally accepted responsibility," and deserved a sentence of probation with community service. D'Souza, 53, admitted in May to illegally reimbursing two "straw donors" who donated $10,000 each to the unsuccessful 2012 U.S. Senate campaign in New York of Wendy Long, a Republican he had known since attending Dartmouth College in the early 1980s. The government said a 10- to 16-month prison sentence was appropriate for D'Souza, and necessary to deter others from abusing the election process, including "well-heeled individuals who are tempted to use their money to help other candidates."
Perhaps D'Souza should seek counsel from the disgraced 2008 Democratic Party candidate John Edwards.

Last year on September 11 Mandy had a wonderful and moving post. Thanks to David for reminding me of it. Here is the post, excerpted, click on the link for the full original post:

Remembering September 11th and the importance of loved ones and endurance

Posted by   Wednesday, September 11, 2013 at 9:30am The morning of September 11th, 2001, I was sitting in my office at a prior job, admiring the beautiful blue sky outside my window, when my phone rang. “I can’t reach your brother anymore. His phone cut off. He was running and his phone just died,” my mother cried on the other end. For a moment, I had no idea why she was upset or what she was talking about.  But then another line rang and a friend’s voice, equally upset, screamed to me, “They’re flying planes into buildings where your brother is.” I sat stunned for a minute, paralyzed with fear and dread.  I opened my office door and there was an eerie feeling in the air.  It was noisy, yet quiet and somber at the same time....

Senate Republicans have crushed Majority Leader Harry Reid's efforts to advance a Constitutional amendment that would greatly restrict free speech and association in America. Reid needed 60 votes to end the measure, but the votes fell 54-42 across the party line. Via the Hill:
Earlier this week, more than 20 Republicans voted with Democrats in a 79-18 vote to advance the amendment in order to force Democrats to spend the week debating the merits of the measure. ... The amendment was certain to fail at some point. It would have needed to win two-thirds support to pass the Senate, and then would still have needed to move through the House and be ratified by two-thirds of the states.
Preceeding the vote, Minority Leader Mitch McConnell (R-KY) took Democrats to task for wasting the chamber's time, and prioritizing Democrats' own destructive agenda over the needs of the American people:

Long time Palestinian affairs reporter Avi Issacharoff yesterday reported that the plot that led to the kidnapping and killing of Eyal Yifrach, Gil-ad Shaar and Naftali Fraenkel was done with the foreknowledge of Hamas's leadership. Issacharoff's report further buttresses Israel's long held claim that Hamas was responsible for the kidnappings and further undermines reports that Hamas's leadership was not connected. Palestinian security  officials told Issacharoff about another key member of the plot:
The officials said that although the Hamas leadership repeatedly denied involvement in the attack, the terror organization’s military and political wings knew about the plans in advance and had approved similar activities. Abed a-Rahman Ghaminat, one of the heads of a cell in Zurif (a village not far from Bethlehem) and a former resident of the village, was the Hamas military wing’s appointed leader over the Hebron area. Ghaminat was released from an Israeli prison in October 2011, and was deported to the Gaza Strip.
Based in Gaza, Ghaminat is part of Hamas' leadership and works with Saleh al-Arouri, who is based in Turkey, and is in charge of Hamas' operations in the West Bank. Ghanimat worked  with Mahmoud Kawasme in Gaza. Kawasme recruited his brother Hussam, who lives in the Hebron to mastermind the operation. Hussam Kawasme was indicted last week.

The University of Illinois Board of Trustees just voted on the recommendation of a tenured position for Steven Salaita. The issue became highly controversial when UI at Urbana-Champaign Chancellor Phyllis Wise first declined to forward the recommendation to the Board. Salaita's tweets about Jews, Israel and Gaza caused a wide-ranging debate on social media and among academics. Our prior posts are under the Steven Salaita Tag. After weeks of protest and threats of a lawsuit, the recommendation was forwarded for vote today. There were several editorials from major Illinois publications in the past week supporting Wise and arguing that Salaita's tweets crossed a line, including the Urbana News-Gazette, Chicago Tribune, and Chicago Sun Times. The Tribune Editorial Board wrote:
Salaita was dumped because his tweets crossed the line from caustic commentary to hate speech. Some of his remarks come uncomfortably and irresponsibly close to endorsing violence against individuals or groups of people. Some are racist. At the very least, they would create a hostile environment in which others must work or study.

Last month we started writing about the mounting support for Scottish independence. Depending on which poll you read and who you listen to, an independent Scotland is either imminent or a pipe dream. Saturday, YouGov released a poll showing the pro-independence movement with a lead over the British loyalists. Although the "yes" votes only had a two point lead over the "no"s, this marked the first time the independence movement had polled above their competition. And there was much rejoicing. YouGov Scottish Independence Poll Just last night, another poll was released with the opposite results. According to the Daily Record: