Tuesday, November 3, 2020

Last Call For A Long Week Ahead

 We still don't know a winner here at 11:30 PM EST, and we won't know for several days, most likely.

  • Pennsylvania
  • Michigan
  • Wisconsin
  • Georgia
  • Florida
  • North Carolina

All have yet to really be called, although Florida is probably going to be a Trump win. 

Arizona and Minnesota got called for Biden late in the evening however.

We'll see you in the morning.

California Goes Viral, Con't

Even if Joe Biden is eventually declared President after all the Trump legal tomfoolery, even after another two-and-a-half months of Trump doing scorched earth damage in the wake of a loss, if California is any example, Trump's federal judges (and Supreme Court!) will be blocking Democratic state and national executive orders for years, making getting anything done to fix the mess we're in almost impossible.

A Northern California county judge on Monday preliminarily ordered Gov. Gavin Newsom to stop issuing directives related to the coronavirus that might interfere with state law.

Sutter County Superior Court Judge Sarah Heckman tentatively ruled that one of the dozens of executive orders Newsom has issued overstepped his authority and impinged on the state Legislature.

She more broadly barred him “from exercising any power under the California Emergency Services Act which amends, alters, or changes existing statutory law or makes new statutory law or legislative policy.”

It’s the second time a judge in the same county has reached the same conclusion, which runs counter to other state and federal court decisions backing the governor’s emergency powers. An appeals court quickly stayed the earlier order in June.

Heckman’s decision will become final in 10 days unless Newsom’s attorneys can raise new challenges. Newsom did not immediately comment or say if he will appeal.

The case centers on a single Newsom executive order in June requiring election officials to establish hundreds of locations statewide where voters can cast ballots in the November election. But lawmakers subsequently approved the same requirement, and the judge’s decision will have no effect on Tuesday’s election.

She acted in a lawsuit brought by Republican Assemblymen James Gallagher and Kevin Kiley, who said Newsom, a Democrat, was single-handedly overriding state laws in the name of keeping Californians safe.

“This is a victory for separation of powers,” the lawmakers said in a joint statement. Newsom “has continued to create and change state law without public input and without the deliberative process provided by the Legislature.”

Heckman wrote in a nine-page decision that the California Emergency Services Act “does not permit the Governor to amend statutes or make new statutes. The Governor does not have the power or authority to assume the Legislature’s role of creating legislative policy and enactments.”

Newsom used his emergency powers to virtually shut down the state and its economy in the early weeks of the pandemic.

“Nobody disputes that there are actions that should be taken to keep people safe during an emergency,” the lawmakers said. “But that doesn’t mean that we put our Constitution and free society on hold by centralizing all power in the hands of one man.”
After decades of the "unitary executive" legal principle, Republicans are now arguing that Governors have no powers, and that everything rests with state legislatures...which happened to be controlled by Republicans in many cases.  California's is not, but blocking Newsom's orders, as was the attempted case here in Kentucky a few months ago, is the point. 

Even if they are temporary, it disrupts the process and undermines authority. If Republicans cannot rule, Trump's judges will make sure the country remains ungovernable, even in deep blue California.


Europe's Little White Supremacist Domestic Terrorism Problem, Con't

Multiple gunmen opened fire Tuesday in Vienna, attacking in several locations around the center of the city, as authorities continue to hunt the attackers in what Chancellor Sebastian Kurz is calling "a repulsive terror attack".

Gunmen armed with rifles have opened fire in six different locations in central Vienna, killing three people and wounding several more, police say.

Austrian Chancellor Sebastian Kurz called it a "repulsive terror attack" and said one gunman was also killed.

Police were searching for at least one attacker who was still at large, the interior minister said.

The shootings took place near Vienna's central synagogue but it is not yet clear if that was the target.

The city's police chief said two men and a woman were killed. At least a dozen other people were wounded, officials said.

The attack happened just hours before Austria imposed new national restrictions to try to stem rising cases of coronavirus. Many people were out enjoying bars and restaurants which are now closed until the end of November.

European leaders strongly condemned the shooting. British Prime Minister Boris Johnson said he was "deeply shocked by the terrible attacks".

Police said the incident began at about 20:00 (19:00 GMT) on Monday, near the Seitenstettengasse synagogue, when a heavily armed man opened fire on people outside cafes and restaurants.

Members of the special forces quickly arrived at the scene. One policeman suffered a gunshot wound before other officers shot the perpetrator, who was armed with an automatic rifle, a pistol and a machete.

Jewish community leader Oskar Deutsch tweeted that the synagogue was closed at the time the attack began.
Just remember that as bad as things are here in the US, Europe has seen multiple terrorist attacks like this in the last several years, and there's no indication that the EU is dealing with their right-wing white supremacist fascism problem any better than the United States is, especially during a resurgent pandemic.

StupidiNews, Election Day Edition!

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