Top of the Ticket

Political commentary from Andrew Malcolm

Category: Supreme Court

Violent video game wars: The Supreme Court's mutant decision ignores one crucial sector of society

Supreme Court's Conference Room

We'll be right up front about it. Horror movies have never held any appeal, perhaps because in our early days, like radio, they left so much more to viewers' own powerful imaginations than today's 3-D, multicolor graphic dismemberments, eruptions and explosions.

On one hand, the Supreme Court's Monday ruling blowing up California's law prohibiting the sale of violent video games to those under 18 makes perfectly consistent free speech sense. And fits with the ongoing strongly free speech standards of the Roberts court.

As a member of the media, whose lifeblood is freedom of speech, we cherish the ability to express, encourage discussion and, in this era of hyper-partisanship, sometimes offend segments. Hopefully.

In a previous life as a news reporter striving to cover the sometimes harsh, even brutal and crude reality of a world we were assigned to accurately depict, we often clashed with the granny rules of print newsrooms where well-meaning, usually elderly editors in air-conditioned offices could....

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Forget those Republicans for now, Obama's real 2012 opponent is The Economy

Obama tells Chrysler workers in Toledo their industry is important 6-3-11

It's not really that hard to do so far.

Just forget for a minute the expanding array of already, certain and maybe Republican presidential candidates. And forget the idea of a serious Democratic challenger to President Obama next year.

The incumbent's most serious opponent for reelection in 2012 is right now and likely still will be not a person but The Economy.

It's not good, despite all of Joe Biden's glib fundraiser promises. From the very beginning of his presidency, which sure seems like more than 870 days ago, almost every poll has shown the top concerns of Americans were economic: jobs, the economy, the deficit.

Yes, yes, Obama said and still does, creating new jobs is Job One, after endlessly reminding of the troubled economy he inherited, an excuse that doesn't seem to work anymore. On June 2, press secretary Jay Carney repeated all the travails and then stated:

"There is no issue that matters more to this president than the economic health of this country and the job security of Americans and job creation in this country. So he's focused on this very directly."

Which is, no doubt, why a Daily Economic Briefing has been quietly erased from....

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Obama drafts order requiring political donation disclosure from those seeking federal contracts

Supreme Court listens in silence to Obama criticism of its decision during his State of the Union January 27, 2010

What could possibly go wrong with that kind of information in a nonpartisan place like Washington?

Some people may remember President Obama's stinging criticism of the Supreme Court, sitting stoically just beneath him, during the 2010 State of the Union Address. (See photo above.)

The Chicagoan objected to the court's decision in Citizens United vs FEC, which loosened rules on corporate campaign contributions and disclosure of the donor's identity.

Now the Obama White House is considering an executive order to create a back-door donor disclosure requirement for companies seeking federal contracts. According to the leaked draft, the order would require contract applicants to disclose any political donations exceeding $5,000 by the corporation or its executives, often Republican supporters.

As it happens, the Wall Street Journal has noted, the draft executive order would not apply to recipients of federal grants or to federal employee unions, often Democratic supporters. Probably just an oversight.

The White House points to the increasing flow of millions of dollars into political activities via third-party groups that are not required to disclose their donors' identities. Hence the sudden administration interest in transparency.

Critics claim that it's an end-run around Congress, whose elected members and substantial Democratic majorities defeated similar disclosure legislation last year. And that it's simply a Chicago-style intimidation tactic to deter those who desire federal work with this Democratic administration from the disgusting habit of donating to GOP members and causes.

This is, of course, a ridiculous suggestion. If it were true, then such an approach would for generations past have helped keep political control of the nation's No. 3 city in the tightly-clenched hands of Obama's inbred hometown Democratic party, now about to be headed by Obama's ex-chief of staff, Mayor-elect Rahm Emanual. Probably another coincidence.

So, everyone should accept that this upcoming political Obama executive order is simply about good government and bureaucratic integrity -- except for one tiny, silly, little thing.

Most federal contracts are supposed to go to the lowest bidder, regardless of political donations, connections, hometown or hat size. So why would Obama's South Side gang need to know any company's political allegiance?

-- Andrew Malcolm  

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Photo: Supreme Court justices listen as Obama criticizes their Citizens United decision during his State of the Union Address last year. Credit: Alex Wong / Getty Images

OMG! Justice Stephen Breyer explains his use of the Tweeter; c vid b lo

Two associate justices of the Supreme Court made rare appearances Thursday before a House Appropriations subcommittee.

Rep. Steve Womack of Arkansas was curious what the nation's top judges thought about the new social media and their impacts on the country.

Justice Anthony Kennedy thought it was generally a good thing to the extent such media prompt mTwitter Logoore public information, involvement and awareness of the living law.

Justice Stephen Breyer went on a little longer, as you can watch on the C-SPAN video below.

He explained that his involvement with Twitter -- or the Tweeter as he's decided to call it -- erupted from the fascinating but horrifying eyewitness window it provided into the ultimately smothered Iranian uprising of 2009.

Breyer said from time to time people ask to follow him on Twitter and he's flattered.

But he thinks such kinds of public activity by judges are probably not the best thing for them to be doing. He also explains the origin of the black judicial robes.

Then, the Supreme Court Justice admits that since he doesn't know how to take his Twitter page down, he just leaves it there for now.

Case closed.

-- Andrew Malcolm

Speaking of the Tweeter, click here and follow The Ticket via Twitter alerts of each new Ticket item. Or click this: @latimestot. Our Facebook Like page is over here. We're also available on Kindle. Use the ReTweet buttons above to share any item with family and friends.

Video courtesy of C-SPAN Archives

Next move in the Arizona illegal immigration law fight: An immediate Supreme Court petition?

authorities frisk illegal immigrants , file

Arizona's Gov. Jan Brewer and Attorney General Tom Horne expressed disappointment late Monday in a Ninth Circuit Court of Appeals ruling that continued an injunction against four key elements of their state's controversial illegal immigration law, S.B. 1070.

In a joint statement the officials said they were considering their legal options and expressed strong criticism of the Ninth Circuit's decision giving special weight to the opposition of other governments such as Mexico.

“I note," said Horne, "that the 9th Circuit relied heavily on the opposition of foreign governments in upholding the injunction on two of the four elements. As the dissent by Judge Carlos T. Bea eloquently stated, foreign governments should not be given a ‘heckler’s veto’ to establish preemption by the federal government over the state.”

Brewer, who signed the measure nearly a year ago, called that aspect "outrageous, adding:....

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Sunday shows: McConnell, Kerry, Bachmann, Daley

William DaleyABC's "This Week with Christiane Amanpour": Sen. John McCain (R-Ariz.) with Chrystia Freeland, David Muir, Mort Zuckerman and Leo Gerard.

Bloomberg's "Political Capital with Al Hunt": Sen. Mark R. Warner (D-Va.).

CBS' "Face the Nation with Bob Schieffer": Sens. Mitch McConnell (R-Ky.) and John F. Kerry (D-Mass.).

CNN's "Fareed Zakaria GPS": Part II of "Restoring the American Dream, Getting Back to No. 1" with Niall Ferguson, Hans Rosling and Benjamin Barber, Chrystia Freeland and Eliot Spitzer.

CNN's "State of the Union with Candy Crowley": Reps. Peter T. King (R-N.Y.) and Keith Ellison (D-Minn.), and Ali Errishi and Stephen Hadley.

"Fox News Sunday with Chris Wallace": Rep. Jeb Hensarling (R-Texas), Sen. Dick Durbin (D-Ill.); Margie Phelps, attorney for Westboro Baptist Church; with Kevin Madden; Chris Stirewalt; Nina Easton; and Juan Williams.

NBC's "Meet the Press with David Gregory": Rep. Michele Bachmann (R-Minn.) and William Daley, White House chief of staff.

-- Andrew Malcolm

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Photo: William Daley, the new White House chief of staff.     Credit: Alex Wong / Getty Images

'Congress exceeded the bounds of its authority'--Federal Judge Roger Vinson on Obama healthcare law

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Federal District Judge Roger Vinson on Monday "reluctantly" declared the new healthcare legislation unconstitutional because of its requirement that every American acquire insurance. The judge did not dispute the so-called "individual mandate" was necessary for the law to work; he just said it was an unconstitutional reach by Congress and it was impossible to strip out the mandate, suggesting Congress try again.

The House of Representatives has already voted to repeal the entire healthcare measure.

As usual, The Ticket has the judge's full opinion text. Because of its length, we have also pulled out significant excerpts, which are just below this opening narrative.

Judge Vinson's decision is the fourth in ongoing litigation challenging the wide-ranging measure that seeks to change one-sixth of the U.S. economy. Each side has now won two decisions. Judge Vinson's opinion is arguably more important since it addresses lawsuits by a majority of the states, as well as two individuals and the National Federation of Independent Businesses.

In an issue this momentous, every losing side will appeal. And the case will no doubt reach the U.S. Supreme Court in a year or two.

Selected excerpts of Judge Vinson's opinion begin just below here.

-- Andrew Malcolm

JUDGE ROGER VINSON:

"This case is not about whether the Act is wise or unwise legislation, or whether it will solve or exacerbate the myriad problems in our health care system. In fact, it is not really about....

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Ticket pic of the week: One justice's verdict on Obama's 62-minute State of the Union speech

FIRST, A HUG FROM THE PRESIDENT
President Obama at his state of the union 1-25-11 hugs Justice Ruth Bader Ginsburg

AND THEN VERY DEEP THOUGHTZ

Supreme Court at Obama's state of the union 1-25-11

At first there were thoughts that after last year's unusual presidential criticism to their faces, the members of the Supreme Court might opt out of the 2011 Obama State of the Union to watch cable at home.

There is, after all, no requirement they attend. They've been coming for years as a general courtesy between judicial and executive branches.Homeland Security Secretary Janet Napolitano feels secure with president Obama talking at the 2010 state of the union

This time a third of the nine justices opted to stay home. The other six got front row seats, as usual, right below the speaking podium in the House of Representatives, all crowded and suffering from global warming.

But front row puts them in full view of the watching world.

The president spoke for 62 minutes.

Last year the president went on a little longer and that made Homeland Security Secretary Janet Napolitano feel very secure obviously.

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-- Andrew Malcolm

Click here to follow The Ticket via Twitter alerts of each new Ticket item. Or click this: @latimestot. Our Facebook Like page is over here. We're also available on Kindle. Use the ReTweet buttons below to share any item with family and friends.

Photos: Chip Somodevilla / AFP / Getty Images; Michael Reynolds / EPA; Associated Press (Napolitano).

New Mexico Gov. Susana Martinez: We 'are not under-taxed; the government has simply over-spent'

New Mexico Republican Governor Susana Martinez gives her state of the address 1-18-11

Like fellow Republican governor Nikki Haley of South Carolina, New Mexico's new governor, Susana Martinez, is her state's first female chief executive. She is also the nation's first Latina governor, as Haley is the first woman governor in the United States of Indian descent.

But Martinez is not new to public service, having been a prosecutor for nearly a quarter-century. Her full biography is here. Her husband, Chuck Franco, has also had a long career in law enforcement. See the couple's photo below greeting a little girl.

Last week with Alaska Gov. Sean Parnell's State of the State address, we heard of the strong economy in the country's largest state geographically. (For links to all of the state of the state addresses published on Top of the Ticket so far, please scroll to the bottom.)

With New Mexico, however, we return to the familiar 2011 governmental theme of deficits and the need to cut spending. Martinez hits that theme strongly, imposing several major changes from policies of her predecessor, Democrat Bill Richardson.

She has ordered the state jet sold, cut expenses at the governor's residence by 55%, including letting go the two personal chefs who had been working there, cut her cabinet members' salaries by 10% and frozen all new vehicle purchases, except for law enforcement, among other stringencies.

Martinez even suggested her husband would have to do some of the cooking. (Be sure to read Indiana Gov. Mitch Daniels' remarks below on his state living within its means, as its citizens do.)

Martinez is also driving a theme heard from many governors, that their state is ...

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Federal judge diagnoses Obama healthcare law as unconstitutional in part: Reactions from all over

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In Virginia, Federal District Judge Henry Hudson on Monday declared part of the massive Obama healthcare legislation unconstitutional. It is but one step in a long and evolving legal challenge to the new law by dozens of states and groups.

While striking down a key provision of the measure, Hudson, an appointee of President George W. Bush, rejected a Virginia request to stay implementation of the law, which will take years.

It is the most serious blow struck against Obama's signature health legislation that....

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About the Columnist
A veteran foreign and national correspondent, Andrew Malcolm has served on the L.A. Times Editorial Board and was a Pulitzer finalist in 2004. He is the author of 10 nonfiction books and father of four. Read more.
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