On February 19, the state of Tennessee filed this amicus brief in the Fourth Circuit in Casa, Inc. v Trump, 25-1153. This is one of the lawsuits challenging President Trump’s order on citizenship. Tennessee has filed in support of the Trump action, and says that the state is being harmed by illegal immigration, which is not exactly the same issue.
On February 19, the Ninth Circuit refused to stay the order of the U.S. District Court of Washington state, in State of Washington v Donald Trump, 25-807. This is the case in which President Trump’s executive order on citizenship had been enjoined. The three judges who handled the matter in the Ninth Circuit are William Canby, a Carter appointee; Milan D. Smith, a Bush Jr. appointee; and Danielle J. Forrest, a Trump appointee.
The order is very brief, and says that Trump has not shown there is an emergency. Judge Forrest wrote separately to expand on that point.
It is somewhat likely that Trump will now ask the U.S. Supreme Court to issue a stay.
On February 19, the Wyoming Senate Corporations, Elections and Political Subdivisions Committee passed HB 173. It had already passed the house. It increases the petition requirement for statewide independents from 2% to 3% of the last vote for U.S. House. It increases the petition for independent legislative candidates from 2% to 5%. It also moves the petition deadline from August to June.
Wyoming already has the most difficult petition requirement for presidential candidates running outside the two major parties, when the states are compared on a percentage basis.
The vote was 4-1. The only “no” vote was from the Chairman of the Committee, Senator Cale Case.
On February 17, Jim Walden filed this brief in Walden v Kosinski, e.d., 1:25cv-72. This is the lawsuit filed by an independent candidate for Mayor of New York City. He wants his ballot label to be “Independence”. New York in general permits independent candidates to choose a partisan label for the ballot. But a new law forbids any qualified party from having the word “Independence” in its name. Walden challenges that law on First Amendment grounds.
The New York City Board of Elections has notified the court that it takes no position, so it will be up to the New York State Board to defend the law.
The Idaho House State Affairs Committee has introduced HB 259. It says that any person who spends any amount of money whatsoever for a message advocating the election or defeat of any candidate, or any ballot measure, must identify the person responsible for the mssage. Furthermore, the political party of the person responsible for the message must be disclosed.
The bill covers newspapers, magazines, websites, text messages, yard signs, bumper stickers, pamphlets, display cards, posters, and buttons.
Here is the text.
The bill appears to be unconstitutional under the 1995 U.S. Supreme Court decision McIntyre v Ohio Election Commission.
