Arizona Eagletarian

Arizona Eagletarian

Friday, April 28, 2017

AZ Independent Redistricting Commission votes to end its work for this decade

This afternoon, following news that the Leach plaintiffs will decline to appeal the summary judgment Maricopa County Superior Court Judge Roger Brodman granted the Independent Redistricting Commission in March, the five commissioners voted unanimously to end the work of this decade's Congressional and legislative redistricting.

In his ruling, Brodman had granted the AIRC attorney fees in the approximate amount of $18,000. That generally is not done when there appears to be a reasonable basis for the litigation in the first place. The Arizona Eagletarian has consistently indicated, since the suit was first filed five years ago, that it was frivolous and a fool hardy waste of taxpayer funds. Of course, the AIRC had to defend itself and its work, but the expenditure of state general funds would have been spared if the plaintiffs hadn't proceeded with the complaint. The offer to forgo the appeal reportedly was contingent on AIRC voting to decline enforcement of that $18k judgment.

Two members of the plaintiff group, are elected state lawmakers, both of whom also serve on appropriations committees: Vendon (Vince) Leach and (House Approps chairman) Don Shooter. Those two knew all along that they were causing taxpayer funds to be spent for a lost cause, but I'm confident neither of them will take responsibility for such a foolish endeavor.

This final resolution of the Leach case means there are no more legal challenges pending against either the maps or the commission as a whole or individual members. Therefore, there is no longer a need to keep a commission office open. Staff will box up all documents and send them to State Archives for posterity.

Monday, April 24, 2017

Arizona Independent Redistricting Commission to meet April 28

Late this evening, the Arizona Independent Redistricting Commission issued notice (1) that on April 28 (Friday) at 1:30pm MST, it will meet.

On March 13, in Maricopa County Superior Court, the AIRC won summary judgment in Leach v AIRC, which challenged Congressional district maps claiming that proper procedures were not followed when developing that map.

Appeal of the summary judgment seemed unlikely at that time. If there is no appeal, the work of this current commission will be finished and new commissioners will be selected in 2021.

However, the agenda for Friday's meeting suggests state Rep. Vendon Leach (R-Saddlebrook) and his fellow plaintiffs may have found funding (Koch brothers?) for continued litigation -- forcing the state general fund to continue funding the AIRC and its defense of the current Congressional districts (which include three districts that either political party could have a realistic chance to win in each election).

What possibly -- outside of forcing complete annihilation of the will of Arizona voters -- could plaintiff/appellants expect to accomplish with such an appeal? Ultimately, it seems the target is elimination of any and all competitive Arizona districts in the US House of Representatives.

I will update this post with any additional information that may come my way.


The primary issue to be addressed on Friday appears to be this item:

Legal briefing, discussion and possible action relating to pending litigation in Leach v. Arizona Independent Redistricting Commission, No. CV 2012-007344. The Commission may vote to go into executive session, which will not be open to the public, for the purpose of obtaining legal advice and providing directions to counsel. (A.R.S. §38-431.03(A) (3) and (4)). (Estimated Time 30 minutes)


(1) The Arizona Independent Redistricting Commission is announcing a meeting.
April 28, 2017
4000 N. Central Avenue Suite #1150
Phoenix, AZ 85012
1:30 PM
This meeting will NOT be streamed online (No live meeting)
Agenda Info

Friday, November 11, 2016

The First Step: We MUST emphatically and unequivocally repudiate Neoliberalism

The inability of the liberal class to address our reality leaves the disenfranchised open to manipulation by demagogues. -Chris Hedges
That insight from Chris Hedges describes in the most succinct way possible what took place on Tuesday.

"Neoliberal globalism is NOT at all a model of "economic deregulation," and it does NOT promote "private initiative" in general. Under the ideological veil of non-intervention, neoliberalism involves extensive and invasive interventions in every area of social life. It imposes a specific form of social and economic regulation based on the prominence of finance, international elite integration, subordination of the poor in every country and universal compliance with US interests." -- from the Introduction (by Alfredo Saad-Filho and Deborah Johnston) to Neoliberalism: A Critical Reader, (2005, Pluto Press, London)

In other words, neoliberalism is ALL about austerity. Both the Democratic and Republican Parties are all about neoliberalism. The Democratic primary contest between Bernie Sanders and Hillary Clinton was fundamentally a potential revolution against the Democratic Party's deep-rooted neoliberal ideology. The neoliberal candidate won the nomination. But shockingly lost the general election.


I have been extremely uninspired to write about politics since May 2016. By that time, the Clinton campaign and the Democratic National Committee had undermined Bernie's campaign and candidacy. Bernie then did the right thing by campaigning for Clinton. I am personally appalled at the gall exhibited by Trump since Tuesday. The next few years will be tumultuous.

However, I just never could muster any fire inside me for Clinton. Yes, she was (IS) highly qualified. I voted for her. Jill Stein on the other hand was and is not qualified, despite having values that line up with the Progressive movement and my world view.

I'm not going to bash Stein voters. They are NOT the problem. The problem is NEOLIBERALISM. That's a major factor underlying how and why Clinton never connected with Blue Collar voters. Yes, many (but NOT all) Trump voters are deplorable.

Clinton's fatal mistake was in her handling of the Wall Street speeches. Everything else (or, at least enough of it) could have been reconciled to address voter concerns had she been contrite and leveled with the American people. She lost Independent and Blue Collar voters who could have put her over the top.

Refusing at THAT time (last Spring) to realize that she had lost the necessary margin of victory (percentage of the electorate) is what made Trump victorious in spite of his morally dubious personal values and business practices. Of course, hindsight is 20/20.

Had she admitted her error and gotten real with the Working Class, Clinton likely could have salvaged a victory. Yet, she acted as if she believed doing so would jeopardize her ability to have raised enough money to wage a victorious campaign. But Bernie proved there was a better way to raise money. Elizabeth Warren proved it a couple of years ago and Bernie adopted that approach. Those two, Sanders and Warren, connected with the necessary voters. Clinton did not.

I admire Clinton's persistence. But ultimately SHE lost the election. She owns it.

The DNC, complicit in highly questionable conduct, also owns it (joint tenancy with right of survivorship).

Anyone who embraced Clinton and her approach to the campaign must NOT be elevated to head the DNC. That includes my friend Ruben Gallego. Ruben, though young, bright and energetic, has a history of locking into support for neoliberal candidates. Besides Clinton, in 2012 he unequivocally supported Third Way candidate Andrei Cherny who ran in the primary against Kyrsten Sinema. Sinema now holds the seat for Arizona's Ninth District in Congress.

That is, unless Ruben repudiates neoliberalism and the concept of superdelegates loud enough and in ways that empower rank and file Democrats to hold him accountable to that repudiation. If he does so, it might become reasonable to consider him for the DNC chair position.

We will have social and political problems over the next couple of years. One friend captured the zeitgeist well when he said that the Blue team will come roaring back next time.

But it won't come to pass unless we make the right choices in setting the direction and leadership for the next two years. If the next DNC chair is someone who embraced Clinton, the concept of superdelegates and/or neoliberalism, it won't matter how bright and energetic that person is. He or she will be doomed to fail because he or she will not have learned the necessary lesson from the 2016 presidential campaign.

Sunday, October 30, 2016

“Free to be Ruth Bader Ginsberg: The Story of Women and Law” by Teri Kanefield

Teri Kanefield's “Free to be Ruth Bader Ginsberg: The Story of Women and Law” is so much more than the title suggests.

American history began as and has been a constant quest for freedom. From multiple forms of oppression. The Union (of the original 13 states) was far from perfect. Hence the Preamble to the Constitution, “We the People... in Order to form a more perfect Union, establish Justice, insure domestic Tranquility...

Even now, 240 years after declaring independence from England, we have so much work to do to perfect the Union. Our nation's stories often revolve around heroes. Kanefield offers a dynamic, delightful and compelling telling of the story of a diminutive giant of a heroine, one of the most important contemporary figures in the ongoing quest for a Just, domestically Tranquil society.

Ruth Bader Ginsberg personifies, regarding civil rights law, particularly on gender and racial issues, Teddy Roosevelt's oft quoted adage, “Speak softly, but carry a big stick.” Ginsberg's stick, for more than fifty years, has been the practice of law, including as a law school professor, appeals court judge for the DC circuit and Supreme Court Justice.

Setting the stage by illustrating with female law pioneer Myra Bradwell's experience, Kanefield weaves together a wonderful patchwork of case law and life experiences on how Ginsberg patiently but persistently knocked down immense walls precluding women and men from opportunities to lead fulfilling lives according to how each sees fit. Bradwell, in 1869 passed the Illinois Bar exam but Illinois refused to grant her a license to practice because “a woman had no legal existence apart from her husband.” 

The barriers to women's – and because rights can be a double-edged sword, certain men's – rights have been challenged many times since. In 2016, barriers still do exist.

For example, as a practicing attorney and law professor, Ginsberg took on the case of Stephen Wiesenfeld, whose wife died in childbirth. Even though his wife was the primary breadwinner in the family, Social Security denied the man survivor benefits which he needed in order to raise his newborn son. A law student at the time, Sandra Grayson, said “working alongside Ruth was like fighting an uphill battle that you might actually win.”

Kanefield relates that (according to legal scholar Herma Hill Kay) “Quite literally, it was her [Ginsberg's] voice, raised in oral argument and reflected in the drafting of briefs, that shattered old stereotypes and opened new opportunities for both sexes. She built, and persuaded the Court to adopt, a new constitutional framework for analyzing the achievement of equality for women and men. In doing so, Ginsburg in large part created the intellectual foundations of the present law of sex discrimination.”

Justice Ginsberg's mark on American law will be indelible because the potential for American women to make great contributions to society is vast and runs deep.

For me, this is personal. My daughter is the primary breadwinner in her family and my granddaughter could one day follow in the footsteps of a human rights pioneer like Ruth Bader Ginsberg.

Free to be Ruth Bader Ginsberg, by Teri Kanefield in my opinion is a must read.

Monday, September 19, 2016

Who is Ha-Joon Chang and why should you care?

From where I sit, Professor Ha-Joon Chang is the guy who is now and will continue to provide a great deal of research and economic theory which will serve as philosophical underpinning for OurRevolution (following up on Bernie Sanders' earth-shattering and revolutionary presidential campaign).

Chang says he has been influenced by a wide range of economists,
Many people find it difficult to place me in the intellectual universe of economics. This is not surprising, given that I have been influenced by many different economists, from Karl Marx on the left to Friedrich von Hayek on the right. [...]
With the collapse of communism, people have come to dismiss Marx as an irrelevance, but this is wrong. I don’t have much time for Marx’s utopian vision of socialism nor his labour theory of value, but his understanding of capitalism was superior in many ways to those of the self-appointed advocates of capitalism.
Frankly, I believe advocacy for the philosophical underpinnings (economic theory) that will support OurRevolution is a much more productive focus than right now being overly concerned about how and why Bernie Sanders is not now the Democratic nominee for President.

Consider some of Chang's thoughts and perspectives on current issues. These clips are brief. Two of them are roughly two minutes; the third is about five minutes long.

and on so-called Free Markets

and on neoclassical (and neoliberal) economics

In 2018, there will be more statewide offices on the general election ballot in Arizona. Prospective candidates should be thinking NOW about preparing for those campaigns, all of them. Especially important will be the governor's race.

One factor in the 2014 contest between Fred DuVal and Scrooge McDucey was that the Democratic candidate did not adequately distinguish (contrast) himself with the opponent. 

Despite Bernie losing out on the nomination this year, he set forth a powerful example of how to rally electoral support. In 2018 Arizona, there will be no need to be concerned about electing the first female governor for our state. So, let's see someone with DuVal's presence take Bernie's example to the next level.


Today it is a case of the grasshopper pitted against the elephant. But tomorrow the elephant will have its guts ripped out. Le Loi, Vietnamese emperor, 15th Century

Sunday, September 11, 2016

Beware the High-Voltage Wires -- APS sued Bob Burns to quash subpoenas

On Friday, right before the weekend -- a traditional time to break news one hopes will not get much attention -- Arizona Public Service and its mother ship, Pinnacle West Capital Corp sued Corporation Commissioner Bob Burns in Maricopa County Superior Court claiming the subpoenas he issued recently are politically motivated and constitute illegal harassment. APS's action and statements are dripping with irony.

Robert Anglen, Arizona Republic reporter, posted about it Friday evening.
Arizona's largest utility is suing a state regulator for trying to determine if it used money from ratepayers to influence an election.
Arizona Public Service Co., in a series of legal filings Friday, said subpoenas filed by Arizona Corporation Commissioner Robert Burns are unlawful and is asking the court to make him pay legal fees and other costs.
APS accused Burns of using his official position to harass and retaliate against the company in violation of the First Amendment. They said he intentionally made demands to coincide with key election dates to influence the 2016 commission races.
"Commissioner Burns is demanding election-related disclosures based on his personal view that support for any particular (Arizona Corporation Commission) candidate should be open and transparent," APS Vice President Barbara Lockwood wrote in a letter to the commission Friday. "Arizona law does not require the disclosure he demands."
A spokesman for APS said Friday that the documents laid out the company’s position and he would have no further comment.
“We don’t discuss pending litigation,” APS spokesman Jim McDonald said.
First, typically institutions targeted with litigation generally don't discuss pending litigation. APS launched this attack. One would think they'd want to tell their story about the situation. But they don't.

Might that be because the more attention the public pays to the lawsuit, the greater the likelihood it will backfire on APS?

Second, Arizona's two largest power utilities, APS and Salt River Project are ALWAYS, during legislative sessions, working diligently to exert political influence on lawmaking. While they do some of that work in the open, very few everyday citizens ever hear about it.

This blog has covered these issues on numerous occasions over the last four plus years. Scan through the archives (in the right hand column) for background insight.

For a utility that's accustomed to being protected by elected officials, don't you (now that Bob Burns is persecuting and harassing them) feel a deep sense of compassion for poor buggers like APS/Pinnacle West chairman and CEO Don Brandt (who reportedly makes $12 Million/year)? By the way, Pinnacle West (a publicly traded company) is worth, according to it's 2015 annual report, more than $7.1 Billion (see page 19 of the linked pdf file).

The squawking from an agency under investigation by the FBI for its role in the triumphant installation of Doug Little and Tom Forese, APS's wholly-owned stooges, seems a lot like a cat that got its tail caught under a rocking chair.

Beyond just the squealing, APS and Pinnacle West are conducting themselves as if they are cornered predators. That's not necessarily unreasonable. They are predators after all. And if Burns is re-elected along with Bill Mundell and Tom Chabin winning the two other open seats in November, they might actually be boxed into a corner.

A sweet set of possibilities for sure from the vantage of Arizona ratepayers and citizens.

Barbara Lockwood also wrote, in an item filed with the Corporation Commission,
The Commission is clearly entitled to APS information as it relates to setting electric rates. As such, and completely independent of these subpoenas, APS will provide the requested publicly-available APS information to Commissioner Burns on September 15th. APS will also provide the remaining responsive non-public APS information upon the execution of an appropriate confidentiality agreement, as is routine Commission practice for the disclosure of non-public information. This information will demonstrate, yet again, that no ratepayer funds have been used for political purposes.
Through his subpoenas, Commissioner Burns is demanding election-related disclosures based on his personal view that support for any particular ACC candidate should be open and transparent. As a citizen, Commissioner Burns is entitled to his view, but as a Commissioner, he is bound to follow the law, and Arizona law does not require the disclosure he demands.
One can read between the lines of Lockwood's letter to the ACC. She states that "no ratepayer funds have been used for political purposes." But as has been reported repeatedly over the last several years, APS has refused to deny spending money to influence the election of commissioners who will do its bidding. This is not simply "Commissioner Burns' personal view." It's widely understood public opinion based on APS's non-denial denials over the years.

APS is hoping to bypass citizen concerns about its plutocratic abuse of the electoral process by getting courts to again assert that Corporations are People.

We must not allow them to get away with it.


Today it is a case of the grasshopper pitted against the elephant. But tomorrow the elephant will have its guts ripped out. Le Loi, Vietnamese emperor, 15th Century

Sunday, September 4, 2016

Is THIS the way to get voters' attention?

Though I've become pretty much disillusioned with the Arizona Democratic Party, these two candidates, Tom Chabin and Bill Mundell rise above the crowd because they are taking a stand to be proud of.

The last several years the Arizona Corporation Commission has been taken over by Arizona Public Service-owned henchmen.

Republican Bob Burns, the only current member of the ACC that has had the balls to stand up to the state's largest utility, has taken a lot of flack from the crony capitalists. When Mr. Burns was in the state legislature, I was no fan of his. But he has demonstrated genuine independence and commitment to his word in representing ratepayers and taxpayers since first elected to the ACC in 2012.

There are five members of that commission. They set policy and also act as judicial officers in matters of enforcement. If Arizona voters stand firm and elect Chabin, Mundell and re-elect Burns, the people of our state will be able to count it a victory. With three members (should Mundell, Chabin and Burns win in November), citizens will once again be able to build trust in a utility-regulating commission that answers to us rather than to APS.

We have the opportunity to reclaim that institution from the corruption it has operated under for far too long. Trash Burner Bob Stump is termed out and will no longer be able to serve his corporate masters in that role after the beginning of 2017. Andy (toxin) Tobin, appointed by Scrooge McDucey to replace Susan Bitter Smith, is also on the general election ballot. He too can and will be ousted if the message remains clear and focused for the next two months.

This is a crucial opportunity to demonstrate that Arizonans will no longer tolerate our state government earning the dubious distinction of being the most corrupt in the country.

Candidates for county-wide offices (such as Maricopa County Sheriff) will, if they intend to win, take a lesson from Mundell and Chabin, two guys with steel backbones.


Today it is a case of the grasshopper pitted against the elephant. But tomorrow the elephant will have its guts ripped out. Le Loi, Vietnamese emperor, 15th Century