Tag: Washington State

August 7 Primary and Special Election Results

All times are PST.

4:58 p.m. The last of the early vote counts from the Ohio 12th Congressional District are in, and Democrat Danny O’Connor is up by a landslide. He can’t pop the champagne yet, because Election Day ballots are still being counted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5:00 p.m. Polls close in Kansas and Missouri. Ballot counting begins.

5:06 p.m. Absentee vote numbers from Ohio:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5:13 p.m. Update from Columbus Dispatch public affairs editor Darrel Rowland:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5:19 p.m. From Ohio governor John Kasich’s political strategist

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5:32 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5:35 p.m. Interesting observation on the urban/rural political divide pointed out by respected political journalist/pundit Ron Brownstein:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5:48 p.m. The Cook Political Report announces its projections for both primaries in the Michigan governor’s race. No call from the AP or any other news organizations yet.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5:56 p.m. Finished numbers are in from Marion County, Ohio:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5:58 p.m. Reaction to the Marion County numbers from Danny O’Connor’s pollster:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6:00 p.m. 32 percent of precincts reporting in Ohio’s 12th congressional district. Per MSNBC’s Steve Kornacki, the question of the night in this race will be if Troy Balderson can chip away at Danny O’Connor’s lead from early voting and come out ahead on the basis of Election Day votes?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6:05 p.m. Outside group American Bridge just dropped its first general election ad against Michigan Republican gubernatorial candidate Bill Schuette

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6:07 p.m. Updated take on the Ohio numbers from The Economist’s G. Elliott Morris:

 

 

 

 

 

 

 

 

 

 

 

 

 

6:10 p.m. Half of the votes are in in Ohio, Balderson keeps chipping away at O’Connor’s lead.

 

 

 

 

 

 

 

 

 

 

 

6:14 p.m. 59 percent of the Ohio 12th district vote in and Balderson has cut O’Connor’s lead down to almost 2,400 votes, according to the Ohio Secretary of State.

 

 

 

 

 

 

 

 

 

6:17 p.m. All of the votes from Morrow County, Ohio are in.

 

 

 

 

 

 

 

6:19 p.m. Balderson takes the lead for the first time with 66 percent of the vote in.

 

 

 

 

 

 

 

 

6:26 p.m. In the Kansas GOP gubernatorial primary, with 310 out of 3539 precincts reporting, Jeff Colyer has a 41-38 lead over Kris Kobach, but the night is still young.

6:29 p.m. With 75 percent of precincts reporting in Ohio, O’Connor has taken a razor-thin 593-vote lead.

6:38 p.m. Quick take from Columbus Dispatch political reporter Jim Siegel:

 

6:39 p.m. With 84 percent of precincts reporting, O’Connor has expanded his lead to 1,338 votes. According to the Secretary of State’s office, 90 precincts are still outstanding.

6:46 p.m. 84 percent of precincts reporting and O’Connor’s lead has shrunk to 155 votes.

7:00 p.m. 90 percent of precincts reporting and O’Connor has retaken the lead by 201 votes.  55 precincts are still outstanding.

7:17 p.m. 98 percent of precincts reporting and Balderson has taken a 1,685 vote lead. Barring any dramatic surprises in the final two precincts and provisional ballots, it looks like Balderson has it in the bag. Keep in mind, this battle is not over. Balderson and O’Connor will face off AGAIN in the November general election for a full two-year term.

7:25 p.m. Per CNN, GOP outside groups outspent their Democratic counterparts in this race by a 5:1 margin.

7:42 p.m. CNN still lists the Ohio 12th district race as too close to call.  Per Danny O’Connor’s pollster, it looks like they’re going to a recount (i.e. call the lawyers):

7:46 p.m. In Missouri, Proposition A (Right to Work) is losing badly, 62-37.

8:01 p.m. According to the St. Louis Post-Dispatch, Proposition A is losing 63-37 with 50 percent of precincts reporting.  Votes are still being counted, but the Missouri Democratic Party has already declared victory.

Attorneys General Sue Trump Administration Over Family Separation Policy

A coalition of eighteen attorneys general spearheaded by Bob Ferguson of Washington filed a lawsuit challenging the Trump Administration’s family separation policy.  The lawsuit calls the policy “an affront to States’ sovereign interests in enforcing their laws governing minimum standards of care for children, declaring the family unit to be a fundamental resource of American life that should be nurtured, and requiring the preservation of the parent-child relationship unless the child’s right to basic nurture, health, or safety is jeopardized. The Policy also adversely affects the States’ proprietary interests, forcing States to expend resources to remediate the harms inflicted by the Policy, some of which are likely to be permanent.”

The lawsuit accuses the administration of violations of the Fifth Amendment, the Administrative Procedure Act, and asylum laws.  Ferguson was one of the attorneys general who successfully challenged early iterations of the administration’s travel ban policy, a newer version of which was upheld 5-4 by the Supreme Court today. The lawsuit was filed this afternoon in the Western District of Washington.

Jay Inslee Headlining Florida Democratic Party Gala

Gov. Jay Inslee (D-Wash.) has been announced as the keynote speaker for the Florida Democratic Party’s annual Leadership Blue Gala, scheduled for this weekend in Hollywood, Fla.  Also scheduled to speak at the event are House Assistant Minority Leader Rep. Jim Clyburn (D-S.C.) and incumbent senator Bill Nelson (D-Fla.), who is running for re-election this fall.

The event is scheduled one week after Inslee traveled to Iowa to campaign on behalf of Democratic nominee Fred Hubbell, who is running for governor.  As was the case in Iowa last week, Inslee is attending the event in Florida in his capacity as chairman of the Democratic Governors Association, although it will also raise eyebrows about his possible 2020 presidential ambitions.

Also scheduled to speak at the event are Democratic state legislators and candidates, including the five candidates running for the party’s nomination in the governor’s race this fall: Andrew Gillum, Gwen Graham, Jeff Greene, Chris King and Philip Levine, as well as Marjory Stoneman Douglas teacher Kat Posada. Democrats are trying to win the state’s chief executive position for the first time in 24 years.

Larry Sabato and the Cook Political Report both project the Florida governor’s race as a toss-up. The state’s primary is scheduled for August 28.

Supreme Court Upholds Travel Ban

By a 5-4 split on ideological lines, the high court ruled in favor of the administration. Read the opinion here.

Update: Read the analysis from SCOTUSblog here.

Update II:

Update III:

Update IV:
Statement from New York Attorney General Barbara Underwood:

“​President Trump’s travel bans are a stain on American history that were rooted in deep anti-Muslim animus and unleashed chaos on families, businesses, institutions, and communities throughout New York. Despite today’s ruling, New York will continue to serve as a beacon to the world, welcoming people of all faiths, races, nationalities, and backgrounds.

I’m proud of our work to successfully beat back President Trump’s first two discriminatory bans. My office won’t hesitate to act to protect New York’s families and ensure that we live up to the values on which this state and this nation were built.”​

Update V:
Statement from Democratic National Committee Chairman Tom Perez:

“Discrimination is not a national security strategy, and prejudice is not patriotism. Let’s call this ban for what it is: an outright attack on the Muslim community that violates our nation’s commitment to liberty and justice for all. But this ban does more than just violate our values – it also makes us less safe and threatens our place as a beacon of freedom for the world.

“Of course, this is part of a larger assault by President Trump and congressional Republicans on our nation’s values of inclusion and opportunity for all people — no matter who they are, where they come from, who they love, or how they pray. From the Muslim ban to the humanitarian crisis on our southern border, Donald Trump has made tearing families apart a hallmark of his administration and the Republican Party.

“As a nation, our diversity is our greatest strength. We cannot allow this administration’s prejudice to shut the doors of progress. And Democrats will continue to fight back every step of the way.”

Update VI:

Update VII:
Statement from California Attorney General Xavier Becerra:

“The Supreme Court got this one wrong. One day, this nation and Court will look back and regret this ruling that legalized discrimination. We will continue to fight actions that unlawfully target people based on their background or faith.”

Update VIII:
Statement from Marielena Hincapié, Executive Director of the National Immigration Law Center:

“Today the arc of justice just got longer. The Supreme Court ruling marks this as another painful day in our country’s history. The Court’s decision ignores and empowers this administration’s bigotry and serves as a tacit approval of religious and ethnic discrimination that runs counter to the inclusionary principles that our country aspires to. President Trump’s Muslim ban has already caused immeasurable suffering to families and communities and is part of the administration’s overall strategy of attacking and separating immigrant and refugee families.

“The Supreme Court has been wrong before. Today, the Roberts Court joins the shameful legacy left by Court majorities that sanctioned the unjust imprisonment of Japanese Americans (Korematsu) and the perpetuation of slavery in the U.S. (Dred Scott).

“The fights for religious freedom and justice for all immigrant families do not end here. The right to live in peace and be treated with dignity and justice no matter one’s race, ethnicity, or religion is too important to let one person, one president destroy. In November, we must elect a Congress that will hold this administration accountable. We continue to stand proudly with our plaintiffs, refugees, and the American Muslim community and will fight in the courtroom, in the halls of Congress, at the ballot box, and alongside our communities until there is no Muslim ban ever.”

Democratic Attorneys General Will Sue Trump Administration Over Family Separation Policy

A coalition of ten state attorneys general has announced it will sue the Trump administration over its family separation policy. The planned lawsuit, which will be led by Washington Attorney General Bob Ferguson, will be filed in the Western District of Washington.

“This is a rogue, cruel, and unconstitutional policy,” Ferguson said in a statement. “We’re going to put a stop to it.” The other states involved are California, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, and Pennsylvania. More states are expected to join the case after the lawsuit is filed.

According to the statement from Ferguson’s office, the lawsuit will allege that the Trump administration violated constitutional due process rights of the parents and children for separating them without a finding that the parent poses a threat to children.  The suit will also allege the policy violates the constitutional guarantee of equal protection, because it only targets people crossing from the southern border, not from anywhere else. The plaintiffs will also argue that it violates the Administrative Procedure Act because “it is arbitrary and capricious,” and noted that the administration has been violating U.S. asylum laws by turning people away at ports of entry.”

Ferguson and other attorneys general have been successful in other legal challenges to Trump administration policies, including litigation about the administration’s travel ban that was put into place at the beginning of President Trump’s term. The Supreme Court is expected to hand down its decision in Trump v. Hawaii before the end of its current term.

Washington Attorney General Scores Legal Victories Against Federal Government and Florist

Washington Attorney General Bob Ferguson scored two big legal victories today. The one that got the most attention is his lawsuit regarding President Trump’s travel ban, which has already been ruled in his favor on two separate occasions by four judges on the Ninth Circuit Court of Appeals. The Department of Justice filed a 61-page document this morning with this crucial sentence:

Rather than continuing this litigation, the President intends in the near future to rescind the Order and replace it with a new, substantially revised Executive Order to eliminate what the panel erroneously thought were constitutional concerns.
President Trump confirmed this himself during his press conference today, telling reporters, “The new order is going to be very much tailored to what I consider to be a very bad decision.”
Washington Attorney General Bob Ferguson – who filed the initial lawsuit on behalf of the state, before being joined by his Minnesota counterpart Lori Swanson – said in a statement:
“Let’s be clear:  Today’s court filing by the federal government recognizes the obvious — the President’s current Executive Order violates the Constitution,” Ferguson said. “President Trump could have sought review of this flawed Order in the Supreme Court but declined to face yet another defeat.”
The question that remains now is what will the new executive order look like, and will there be further litigation surrounding that as well.
Ferguson’s other victory today was in the case of State of Washington v. Arlene’s Flowers. (Read the PDF here) At issue was a Richland florist who refused to sell flowers to a gay couple for their wedding because the owner didn’t believe in marriage equality. Ferguson’s office sued the florist arguing that by doing so, it was violating the state’s Consumer Protection Act and the Washington Law Against Discrimination.  The Washington Supreme Court ruled unanimously in the state’s favor. According to state law, businesses are not required to provide a particular service. However, if it does so for heterosexual couples, it must provide that service to same-sex couples.
In the bigger picture, this case provides a potential precedent for future litigation involving state or federal religious freedom bills that allow people to deny services if they conflict with their religious beliefs – for example, opposition to gay marriage.

Ninth Circuit Court of Appeals Rules 3-0 Against Trump Administration

A three-judge panel on the Ninth Circuit Court of Appeals ruled unanimously in favor of Washington and Minnesota in their lawsuit against the federal government. (Read the PDF of the decision here) The ruling means the Temporary Restraining Order (TRO) issued by Judge James Robart blocking the implementation of President Trump’s travel/immigration ban is still in effect. CNN legal analyst Jeffrey Toobin called it “a complete and total repudiation of the Trump administration’s legal position in this case.” (Watch the video here)

Toobin also pointed out that the three judges who made this decision were appointed by Jimmy Carter, George W. Bush, and Barack Obama, so there is no political division. In addition, Judge Robart was a George W. Bush appointee, meaning that four federal judges from both parties have ruled unanimously against the administration in two separate decisions.   If the administration appeals to the Supreme Court and the justices split 4-4, the Ninth Circuit opinion would stand, though not with the weight of a Supreme Court ruling decided by a majority of the full court.  Keep in mind there are other lawsuits that have been filed against the administration in other states, so this is not over by any means.

Here is a sampling of reactions to the Ninth Circuit’s decision:

Former National Security Officials Call Trump Executive Order “Ill-Conceived, poorly Implemented and Ill-Explained”

A group of ten former senior national security officials filed a joint declaration (Read the PDF here)  with the Ninth Circuit Court of Appeals, saying that President Trump’s Executive Order “does not further – but instead harms – sound U.S. national security and foreign policy.” The document is short and well worth reading in its entirety, but here are the highlights:

  • “Four of us (Haines, Kerry, Monaco and Rice) were current on active intelligence regarding all credible terrorist threat streams directed against the U.S. as recently as one week before the issuance of the Jan. 27, 2017 Executive Order.”
  • “We all are nevertheless unaware of any specific threat that would justify the travel ban established by the Executive Order issued on January 27, 2017. We view the Order as one that ultimately undermines the national security of the United States, rather than making us safer. In our professional opinion, this Order cannot be justified on national security or foreign policy grounds.”
  • “There is no national security purpose for a total bar on entry for aliens from the seven named countries. Since September 11, 2001, not a single terrorist attack in the United States has been perpetrated by aliens from the countries named in the Order. Very few attacks on U.S. soil since September 11, 2001 have been traced to foreign nationals at all. The overwhelming majority of attacks have been committed by U.S. citizens.”
  •  “As a national security measure, the Order is unnecessary. National security – based immigration restrictions have consistently been tailored to respond to: (1) specific, credible threats based on individualized information, (2) the best available intelligence and (3) thorough interagency legal and policy review. This Order rests not on such tailored grounds, but rather, on (1) general bans (2) not supported by any new intelligence that the Administration has claimed, or of which we are aware, and (3) not vetted through careful interagency legal and policy review.”
  • “In our professional opinion, the Order was ill-conceived, poorly implemented and ill-explained.”
  • “The Order is of unprecedented scope. We know of no case where a President has invoked his statutory authority to suspend admission for such a broad class of people. Even after 9/11, the U.S. Government did not invoke the provisions of law cited by the Administration to broadly bar entrants based on nationality, national origin, or religious affiliation.”
  • “Maintaining the district court’s temporary restraining order while the underlying legal issues are being adjudicated would not jeopardize national security. It would simply preserve the status quo ante, still requiring that individuals be subjected to all the rigorous legal vetting processes that are currently in place. Reinstating the Executive Order would wreak havoc on innocent lives and deeply held American values.”
  • “Rebranding a proposal first advertised as a “Muslim Ban” as “Protecting the Nation from Foreign Terrorist Entry into the United States” does not disguise the Order’s discriminatory intent, or make it necessary, effective, or faithful to America’s Constitution, laws, or values.”

The signatories of the declaration are:

  • Madeleine Albright (Ambassador to the United Nations, 1993-1997. Secretary of State, 1997-2001)
  • Avril Haines (CIA Deputy Director, 2013-2015. Deputy National Security Adviser, 2015-2017)
  • Michael Hayden (NSA Director, 1999-2005. CIA Director 2006-2009)
  • John Kerry (Secretary of State, 2013-2017)
  • John McLaughlin (CIA Deputy Director, 2000-2004. Acting CIA Director, 2004)
  • Lisa Monaco (Assistant to the President for Homeland Security and Counterterrorism, Deputy National Security Adviser 2013-2017)
  • Michael Morrell (Career CIA official since 1980. CIA Deputy Director 2010-2013. Acting CIA Director, 2011, 2012-2013)
  • Janet Napolitano (Secretary of Homeland Security, 2009-2013)
  • Leon Panetta (CIA Director, 2009-2011. Secretary of Defense, 2011-2013)
  • Susan Rice (Ambassador to the United Nations, 2009-2013. National Security Adviser, 2013-2017)

Ninth Circuit Court of Appeals Refuses to Reinstate Trump Travel Ban

A late night decision (Read the PDF here) from a three-judge panel on the Ninth Circuit Court of Appeals came down in the early hours of Sunday morning:

Washington (CNN)A federal appeals court early Sunday morning denied the US government’s emergency request to resume President Donald Trump’s travel ban.

The Ninth Circuit Court of Appeals has asked for both sides to file legal briefs before the court makes its final decision after a federal judge halted the program on Friday.

What this means is that the ruling by US District Court Judge James Robart, who suspended the ban, will remain in place — for now.

The US Justice Department filed an appeal just after midnight Sunday, asking to pause Robart’s sweeping decision that temporarily halted enforcement of several key provisions of Trump’s executive order.

Lawyers from both sides have until Monday (tomorrow) to make any filings. If the Ninth Circuit upholds Robart’s TRO, expect the Department of Justice to file an appeal with the Supreme Court. If SCOTUS agrees to hear the case with its current 8 justice lineup, that means that if the opinion is a 4-4 partisan split, the Ninth Circuit opinion will stand. If the Supreme Court rules by a 5-3 majority or greater, then its opinion will supersede the Ninth Circuit’s.

Federal Judge Issues Temporary Restraining Order Halting Trump Executive Order

Judge James L. Robart issued a temporary restraining order (TRO) blocking the nationwide implementation of President Trump’s executive order on immigration, handing Trump’s opponents an early legal victory in the litigation surrounding the controversial order.

The TRO will remain in place while Robart considers Washington Attorney General Bob Ferguson’s lawsuit against the administration, which challenges several provisions of the executive order. (Read the PDF document here) One key excerpt:

The court finds that the States have met their burden of demonstrating that they face immediate and irreparable injury as a result of the signing and implementation of the Executive Order. The Executive Order affects the States’ residents in areas of employment, education, business, family relations, and freedom to travel. These harms extend to the States by virtue of their roles as parens patriae of the residents living within their borders. In addition, the States themselves are harmed by virtue of the damage that implementation of the Executive Order has inflicted upon the operations and missions of their public universities and other institutions of higher learning, as well as injury to the States’ operations, tax bases, and public funds. These harms are significant and ongoing. Accordingly, the court concludes that a TRO against Federal Defendants is necessary until such time as the court can hear and decide the States’ request for a preliminary injunction.

The White House reaction:

The President’s reaction: