DL Open Thread: Saturday, July 2, 2022
How Long Does Speaker Pete Have? Maybe until Tuesday. At that point post-holiday weekend, he’ll have to respond in the wake of the building demand for legislators to take some action on McGuiness. Unless…he opts for the Witness Protection Program which–come to think of it, might not be such a bad idea considering what each of them likely has on the other. Idle thought–did Pete first spot Kathy from his lifeguard stand?
Next On Supreme Court’s Hit List–Democracy:
But in its most far-reaching interpretation, it could cut governors and state courts out of the decision-making process on election laws while giving state lawmakers free rein to change rules to favor their own party. The impact could extend to presidential elections in 2024 and beyond, experts say, making it easier for a legislature to disregard the will of its state’s citizens.
Have I mentioned recently that Delaware’s Tom Carper voted to end the filibuster on Justices Roberts and Alito? He did. Voted against their nominations, but they clinched their robes thanks to Democrats like Carper killing the filibuster. Put that old horse out to pasture before he does any more harm.
A Blip In Favor Of Democrats? Polling of generic ballot says yes. Of course, that’s no thanks to anything the Democrats have actually done. And/or the Democrats who haven’t done anything. Apparently, some independents are afraid of the imminent demise of democracy. That’s something, I guess.
Ohio To 10-Year Old Rape Victim: “No Abortion For You”:
On Monday three days after the Supreme Court issued its groundbreaking decision to overturn Roe v. Wade, Dr. Caitlin Bernard, an Indianapolis obstetrician-gynecologist, took a call from a colleague, a child abuse doctor in Ohio.
Hours after the Supreme Court action, the Buckeye state had outlawed any abortion after six weeks. Now this doctor had a 10-year-old patient in the office who was six weeks and three days pregnant.
Could Bernard help?
Indiana lawmakers are poised to further restrict or ban abortion in mere weeks. The Indiana General Assembly will convene in a special session July 25 when it will discuss restrictio ns to abortion policy along with inflation relief.
Hey, God wants 10-year-old rape victims to suffer. Amirite?
‘The Great Divergence’: Is It Permanent?:
“When we think about the United States, we make the essential error of imagining it as a single nation, a marbled mix of Red and Blue people,” Podhorzer writes. “But in truth, we have never been one nation. We are more like a federated republic of two nations: Blue Nation and Red Nation. This is not a metaphor; it is a geographic and historical reality.”
To Podhorzer, the growing divisions between red and blue states represent a reversion to the lines of separation through much of the nation’s history. The differences among states in the Donald Trump era, he writes, are “very similar, both geographically and culturally, to the divides between the Union and the Confederacy. And those dividing lines were largely set at the nation’s founding, when slave states and free states forged an uneasy alliance to become ‘one nation.’”
Podhorzer isn’t predicting another civil war, exactly. But he’s warning that the pressure on the country’s fundamental cohesion is likely to continue ratcheting up in the 2020s. Like other analysts who study democracy, he views the Trump faction that now dominates the Republican Party—what he terms the “MAGA movement”—as the U.S. equivalent to the authoritarian parties in places such as Hungary and Venezuela. It is a multipronged, fundamentally antidemocratic movement that has built a solidifying base of institutional support through conservative media networks, evangelical churches, wealthy Republican donors, GOP elected officials, paramilitary white-nationalist groups, and a mass public following. And it is determined to impose its policy and social vision on the entire country—with or without majority support. “The structural attacks on our institutions that paved the way for Trump’s candidacy will continue to progress,” Podhorzer argues, “with or without him at the helm.”
All of this is fueling what I’ve called “the great divergence” now under way between red and blue states. This divergence itself creates enormous strain on the country’s cohesion, but more and more even that looks like only a way station. What’s becoming clearer over time is that the Trump-era GOP is hoping to use its electoral dominance of the red states, the small-state bias in the Electoral College and the Senate, and the GOP-appointed majority on the Supreme Court to impose its economic and social model on the entire nation—with or without majority public support.
Longhurst And Mitchell’s Statement On KMG. I think they’ve got the procedure wrong. Carney can’t do anything unilaterally:
Longhurst and House Majority Whip Larry Mitchell, in a joint statement Friday night, called for McGuiness to step down, since her being guilty of several crimes “call into question her fitness to serve in this office.”
Longhurst and Mitchell called on Carney to “exercise the powers he has to ‘remove from office any public officer convicted of misbehavior in office'” if McGuiness does not resign.
“She cannot continue to serve in this position, and the governor can take action to remove her from office should she refuse to resign,” they said.
That’s wrong–although it would let the House off the hook if true. In actuality, the Governor may remove a public official “if the General Assembly presents a bill of address to the Governor, after a vote of two-thirds of each House.” Can’t Longhurst and Mitchell read? Oh, and the action must start in the House, according to the State Constitution. So, either the House initiates the process, or its leaders are, per usual, full of shit.
What do you want to talk about?
https://twitter.com/kimwilliamsde/status/1542998170174726144?t=phfVWP_vlDJ_2SXV1N4gew&s=19
Pretty sure they’re referencing the same part of the Constitution Kim Williams is here. Looks pretty clear to me… “Governor shall remove” convicted public officers.
You could be correct–meaning that there are two sections of the Constitution that basically contradict each other.
However, the General Assembly requested an opinion from a retired Delaware Justice. He was the one who wrote that the Governor MAY remove McG–but only after he has received a determination by super-majorities of each house of the General Assembly calling for the removal.
I think the distinction here is that that section of the constitution isn’t conviction-specific, meaning that the GA could recommend – and governor may – remove a public official for any reason. Pasted that section below.
This part, that Williams, Longhurst and Mitchell are citing, seems very focused on post-conviction — which means it couldn’t come into play until now — and it says the governor has to remove the public officer.
I’ve got to imagine that’s done for a situation just like this: public official convicted, refuses to resign, General Assembly out of session. In that situation, you want to empower someone to take decisive action rather than a process that could take weeks, or even months, to hold a trial, all while the convicted official continues to serve.
Here’s that section from above:
§ 13. Removal of officers by Governor; procedure.
Section 13. The Governor may for any reasonable cause remove any officer, except the Lieutenant-Governor and members of the General Assembly, upon the address of two-thirds of all the members elected to each House of the General Assembly. Whenever the General Assembly shall so address the Governor, the cause of removal shall be entered on the journals of each House. The person against whom the General Assembly may be about to proceed shall receive notice thereof, accompanied with the cause alleged for his or her removal, at least ten days before the day on which either House of the General Assembly shall act thereon.
Except that section also cites the role of the General Assembly:
“The Governor may for any reasonable cause remove any officer…upon the address of two-thirds of all the members elected to each House of the General Assembly.”
I see no way the Governor can act unilaterally.
Although, as has been proven many times, I’m not an attorney.
Meaning, what saieth the barristers?
I’m not a lawyer, but the only distinction I’d make is one section says “may for any reason” and another says “shall remove of convicted” (more or less).
I don’t think one overrules the other — I think these are two separate actions that can both be true: Governor may remove for any reason if 2/3 of the GA tells him to, AND he must remove a convicted public official.
But I’m sure lawyers will their reads on this.
Auditor McGuiness has been given due process and enjoyed the presumption of innocence that all Americans are guaranteed. She has been found guilty of misconduct in office and should no longer remain in her position as a public official. It is time for Ms. McGuiness to do what’s right for the public and step down. There are no alternatives left for her and as a duly elected public official I am calling for her immediate resignation.
Representative John Kowalko