Samoan Plaintiffs ask for Rehearing en banc on Whether Constitution Gives them Automatic Citizenship

The plaintiffs in Tuaua v U.S. have asked the U.S. Court of Appeals, D.C. circuit, to rehear their lawsuit. The issue is whether the 14th amendment, which says “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”, applies to persons born in American Samoa. A three-judge panel had ruled against citizenship. The request for rehearing asks that all judges of the D.C. circuit participate.

That section of the Constitution has always been interpreted to mean that residents of the District of Columbia are U.S. citizens. Congress has by statute made residents of the Northern Mariana Islands, Guam, the U.S. Virgin Islands, and Puerto Rico citizens, but Congress has never extended citizenship to persons born in American Samoa. See this press release. Thanks to How Appealing for the link.

New York Post Editorializes that Fusion Should be Banned

The July 19 New York Post has this editorial, which argues that the New York legislature should ban fusion, the ability of two or more parties to jointly nominate the same candidate.

In 1912, the New York State Court of Appeals, the highest state court in New York, ruled that the New York Constitution requires that the state permit fusion. However, the State Constitution is significantly different today than it was in 1912.

Harvard Law Record Carries Account of Corruption in Pennsylvania Process that Kept Ralph Nader Off the Ballot and then Punished Him with Costs

The Harvard Law Record has this detailed account of how corrupt officials in Pennsylvania were assisted by the prominent law firm Reed Smith, in the matter of Nader’s ejection from the Pennsylvania ballot in November 2004. Not only was Nader removed from the ballot, his bank account was seized for over $70,000 in court costs. Later evidence came out that the challengers themselves were illegally using state employees on state time, and state computers, but no Pennsylvania court would do anything about it.

Fox News Changes Second-Tier Presidential Forum

On July 20, Fox News said it has changed the time for the second-tier Republican presidential candidate forum from 1 p.m. to 5 p.m. on August 6. The second-tier event is the consolation prize for the candidates who don’t make the top ten and who can’t appear in the 9 p.m. August 6 event.

The change in time for the second-tier event will increase the number of people who watch. See this story. Fox also shrunk the time for the second-tier event from 90 minutes to one hour, because there are only going to be six or seven candidates in the second-tier event.