3/25/2015

Tenn. Attorney General Wants Court to Set Aside Municipal Broadband Ruling

Tennessee's attorney general wants a federal appeals court to set aside a recent decision by the Federal Communications Commission to allow cities like Chattanooga to offer municipal broadband beyond their normal service area.

State Attorney General Herbert Slatery said in the filing with the 6th U.S. Circuit Court of Appeals that the FCC had "unlawfully inserted itself between the state of Tennessee and the state's own subdivisions."

Slatery had been among several prominent Tennessee Republicans who had urged the FCC not to override a state law that blocks Chattanooga's electric utility from expanding its super-fast Internet network to surrounding areas. Other letter writers included Tennessee Gov. Bill Haslam and the state House and Senate speakers.

The FCC nevertheless voted 3-2 last month in favor of the utilities in Chattanooga and Wilson, North Carolina. President Barack Obama had pushed for the FCC's decision, saying the state laws stifled competition and economic development.

FCC Chairman Tom Wheeler, who voted with the majority, said at the time that some states have created "thickets of red tape designed to limit competition." The ruling was opposed by the commission's two Republican members, who argued it was outside the panel's authority, violated states' rights and undermined private enterprise.

3/24/2015

Top German court seeks more evidence in far-right ban bid

Germany's highest court is asking authorities to provide more evidence that they no longer have paid informants inside the country's main far-right party, signaling a potential hitch in a move to ban the group.

Parliament's upper house, which represents Germany's 16 states, in 2013 applied for a ban of the National Democratic Party. It alleges that the party promotes a racist, xenophobic and anti-Semitic agenda in violation of Germany's constitution.

In 2003, the Federal Constitutional Court rejected a previous attempt to ban the party because paid government informants within the group were partially responsible for evidence against it.

State governments say this application contains no information from informants. However, in a decision published Monday, the court demanded more evidence to back their assertion that they stopped using informants.

Supreme Court rejects challenge to voter ID law in Wisconsin

The U.S. Supreme Court on Monday turned away a challenge to Wisconsin's voter identification law, allowing the law to stand and handing a victory to Gov. Scott Walker following a long fight by opponents who say it's a thinly veiled attempt to make it more difficult for Democratic backers to vote.

The law won't be enforced for an April 7 election because it's only two weeks away, but it will be in subsequent elections, the state attorney general said. Walker, a likely 2016 Republican presidential candidate, is a longtime proponent of voter ID requirements and signed Wisconsin's into law in 2011. But it was only in effect for one low-turnout primary in 2012 before legal challenges kept it on hold.

The Supreme Court's decision not to take up the case ends the legal fight, for now. "This is great news for Wisconsin voters," Walker said in a statement. "As we've said, this is a common sense reform that protects the integrity of our voting process, making it easy to vote and hard to cheat."

Democratic critics, as well as a federal judge in Milwaukee who last year declared the law to be unconstitutional, say in-person voting fraud is extremely rare. In his ruling striking down the law, U.S. District Judge Lynn Adelman said there appears to have been one documented case of voter fraud in Wisconsin between 2004 and 2012, and that was committed by a man who obtained a ballot in the name of his deceased wife.

Opponents of the law say its true intent is to make it more difficult for older, poor and minority voters who tend to support Democrats and are more likely not to have the proper ID. The American Civil Liberties Union and allied groups persuaded Adelman to declare the law unconstitutional last year. But the 7th U.S. Circuit Court of Appeals in Chicago later ruled that the law did not violate the Constitution.