Wednesday, December 25, 2013

Redistricting -- Merry Christmas, ya filthy animal!

Please pardon my irreverence about the holiday. Are there people who yet do not know that scholars generally understand that Jesus Christ was NOT born on December 25, and that this (retail) holiday has roots in pagan historical traditions related to the winter solstice?

Since Jesus scorned the money changers and hypocritical religious leaders, and embraced the sinners, I particularly appreciate Kevin's line from Home Alone, "Merry Christmas, ya filthy animal."

I also owe thanks to my son-in-law's aunt who often has tremendously poignant thoughts (and posts them on Facebook). This evening, she said,
"...And in his name all oppression will cease"...this line from O Holy Night at Christmas Eve service jumped out at me. He truly is the only lasting hope for the world. Jesus is not the founder of a religion. He is a true myth, God's never-ending story of love and forgiveness come to life, and at the same time he was a real person. I have a new appreciation for story this year, and especially the story that trumps all others. 
I personally find the kind of religion that demands obedience to some fool's interpretation of biblical morality incredibly distasteful. You know, the kind that people like Ted Cruz use to justify Christian Dominionism (theocracy) and Islamophobia (promoting fear and hatred of a boogeyman version of theocracy).

But the Jesus Christ in whose name all oppression will cease, stirs my soul.

All of that said, other than writing for this blog, giving Christmas gifts to my grandchildren is just about the most fun thing to do any time of the year.

Please forgive me again. This time for having overshadowed the redistricting news with my reflections on Christmas.


Alright, let's get down to business. On Monday (December 23), counsel for the Arizona Independent Redistricting Commission filed a motion to dismiss the legislature's lawsuit against the will of the voters. Noting that the AIRC already has one motion to dismiss pending, this one cites a different reason and different court procedure provision as cause. The motion also notes the AIRC reason for filing this one is to ensure that
While the Commission currently has pending a motion to dismiss pursuant to 12(b)(6) (Dkt. 16), this motion, which addresses the lack of subject matter jurisdiction, is proper. See Fed. R. Civ. P. 12(g)(2), (h)(3) (requiring Court to dismiss action “at any time” if it determines that it lacks subject matter jurisdiction). This motion is filed to assure that these issues are briefed before the January 24, 2014 hearing.
Rule 12 (b)(6) cites cause for granting a motion to dismiss: "failure to state a claim upon which relief can be granted." Rule 12 (g)(2) and (h)(3) notes a reason why the AIRC is allowed to file a second motion to dismiss.
If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.  
So, AIRC counsel gave the grinchy Arizona Legislature a lump of coal for Christmas. Or, actually it gave the legislature's lawyers something to do other than traditional Christmas family gatherings and rituals. They will no doubt now be spending more time trying to subvert this latest motion.

I've provided a link (above) to the 9-page motion, if you're so inclined to read it.

Merry Christmas, ya filthy animal!

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