Monday, June 01, 2015

All votes matter, but some matter more than others.

Image result for voting black poll taxes images     The Field Negro education series continues.

"They are creative, I'll give 'em that. The same conservatives who succeeded in getting the Supreme Court to gut the Voting Rights Act last year are now attacking the principle of one person, one vote, and the court has just agreed to hear their case. The purpose of both maneuvers is the same, to help Republicans win elections by diluting or suppressing Democratic votes, in particular the votes of black and brown people. As Greg Palast put it:
Back in 2013, the Supreme Court put a knife into the guts of the Voting Rights Act, making it almost impossible to enforce laws that prevented discrimination against voters of color. Here we are again -- the same group.
 
The case of Evenwel v. Abbott centers on the question of how legislative districts should be drawn, given that a number of Supreme Court decisions in the mid-1960s established the principle of equal representation, i.e., one person, one vote. In Reynolds v. Sims, the court found that districts in the U.S. House of Representatives as well as in all houses of a state legislature must "be apportioned substantially on a population basis," and that districts must "be of equal population."

Seems pretty straightforward. However, the plaintiffs in Evenwel claim that using population as the measure actually dilutes the vote of eligible voters in districts where there are proportionately fewer non-eligible voters, which includes anyone from disenfranchised felons, non-citizen but legal residents, undocumented immigrants, and, of course, children. Democratic districts are more likely to contain a disproportionate number of people who fall into those categories. That's why, explained election law guru Richard Hasen, a victory for the plaintiffs in this case will likely result in more electoral clout for Republican voters. If they win, FiveThirtyEight found the likely net outcome would be a shift of eight seats in the House of Representatives to the GOP.

The plaintiffs want the court to require states to ensure that every district has an equal number of eligible voters rather than an equal number of people (even though figuring that out is likely impossible, because, according to the folks at FiveThirtyEight, doing so "relies on statistics that nobody has"). If the plaintiffs win, states will be forced literally to count some people more than others. I told you there was something about this case that sounds familiar to anyone who knows our country's, er, problematic history on voting and discrimination.

Nina Perales is the vice president of litigation at the Mexican American Legal Defense and Educational Fund, an organization that opposed the Evenwel plaintiffs. She called their effort "an attempt to cut back on growing Latino political strength in [Texas] by packing Latinos into a smaller number of districts."

There is a lot to unpack in this case, in terms of constitutionality and legal principles. Although the issues are complex, the aforementioned Hasen nonetheless characterized the Court's decision to take it "a surprise move." He added that he had "considered the issue fairly settled by the Supreme Court that states have the power to decide whether to use total population or another measure for drawing district lines." At this point, nothing surprises me when it comes to conservative attempts to win elections by changing the rules of the voting process rather than actually trying to, you know, win votes.

On the matter of it sounding familiar, one thing that stuck in my mind as I was reading about this case was how much it reminded me of something from the time of America's founding, a morally suspect deal struck in order to keep slave-owning states in the union as the Constitution came together.

Image result for voting black poll taxes images   The specific circumstances of the Evenwel case certainly differ from those surrounding the Three-Fifths Compromise. However, the fundamental parallel remains. Even leaving aside the question of undocumented immigrants, if the conservative plaintiffs in Evenwel triumph, some Americans will count and others will not in determining the very same question at the heart of that debate from over two centuries ago, namely how to draw legislative districts of equal size.

Ultimately, the Three-Fifths Compromise allowed Southern white conservatives to gain greater representation in the House of Representatives than they deserved, at least so long as they denied citizenship, freedom, and equal rights to those Americans of African descent whom they enslaved in such large numbers. After slavery was outlawed, the South got an even greater unearned benefit in representation because -- under Jim Crow -- they denied black men the right to vote while counting 100 percent (as opposed to three-fifths) of Southern blacks in their states' population. This discrepancy only grew wider after women won the right to vote in 1920 -- except in the South, where, until 1965, whites continued to disenfranchise black women as well as men while happily counting their numbers for purposes of representation.

This case is by no means the equivalent of slavery, or of Jim Crow. But that is a very low bar to clear in 2015. The Evenwel case is, without question, part of a long-term, multi-pronged effort by conservative activists and Republican officials to alter election and voting rules in a way that enhances their electoral prospects. In other words, they want to fix the game. Having already achieved much, they certainly aren't going to allow something like counting a person as a person stand in their way.

Will the Supreme Court see this scheme for what it is and rule in favor of not counting some Americans more than others? Or, on the other hand, will the five conservatives on the Court see it for what it is and give the conservative plaintiffs exactly what they want, knowing full well the purpose behind their push? Given how the court ruled on the Voting Rights Act, we need to be prepared for the worst. If that indeed comes to pass, the next question will be: What are we who believe that voting rights and equality are sacrosanct going to do about it?" [Source]

The most important job of a president, in my humble opinion, is appointing Justices to serve on the Supreme Court. Our next president might have as much as four appointments.

Keep that in mind when you go to the voting booth to select your next president.





40 comments:

  1. "The Evenwel case is, without question, part of a long-term, multi-pronged effort by conservative activists and Republican officials to alter election and voting rules in a way that enhances their electoral prospects."

    That's the conservative's advantage, they believe in the long game. they're STILL trying to dismantle Roe v. Wade and that's over 40 years old. Centrists and liberals need to learn from conservatives, like the trolls here they never give up no matter what.

    "Will the Supreme Court see this scheme for what it is and rule in favor of not counting some Americans more than others? Or, on the other hand, will the five conservatives on the Court see it for what it is and give the conservative plaintiffs exactly what they want, knowing full well the purpose behind their push?"

    We know how Moe, Larry and curly will vote (Scalia, Thomas and Alito) so there's that.

    'The most important job of a president, in my humble opinion, is appointing Justices to serve on the Supreme Court. Our next president might have as much as four appointments."

    Damn straight so get some act right.

    Carson/Cain 16 or Willie Wilson 16!

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  2. Citizenist9:42 PM

    It takes a real moonbat to believe that anyone's voting rights are being eroded in 2015.

    What you and your Democrat masters is just what the slaveholders wanted - to count the non-citizens in the apportionment of representation and distribution of funds.

    This was wrong then and it's wrong now.

    I will give you kudos though Field for properly portraying the 3/5 compromise for what is was - limiting the ability of slave owners to appropriate the political benefits of their slaves, - NOT that blacks were considered 3/5 of a person. Most people who post here (and most people in the country now) consistently get this wrong.

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  3. Anonymous9:43 PM

    "Will the Supreme Court see this scheme for what it is and rule in favor of not counting some Americans more than others?"

    Illegal aliens are not Americans.

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  4. Anonymous10:00 PM

    Dear poor black and brown Americans,

    For a long time now, we in the Republican Party have been promising to help you by taking away the government benefits you desperately need ("freeing you from the Democratic plantation") in order to provide you the motivation to go out and get the jobs ... you don't have access to, using the education you were never provided. Of course, we won't do anything help you get jobs or make sure they pay a living wage -- that would be unfair to our nation's unfortunate, downtrodden millionaires -- but we will make sure that while you are unemployed or underemployed, you are also unable to eat.

    That's still the plan.

    But now, guess what? We're going to do you an even bigger favor by relieving you of the terrible burden of voting and equal representation under the law. Phew! I bet that's a big relief, amirite? Now you won't have to worry your silly little heads about tedious things like politicians and policies and ballots, meaning you'll have more time available to spend with your rap music and your low rider automobiles.

    You're welcome,

    Your friends at the Republican National Committee

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  5. Anonymous10:33 PM

    I have a freakishly large penis. It is 17 inches. No, I am not black and this is a real medical condition. I frequently see jokes about penis size here. But let me tell you it's no joking matter. It has ruined my life. I date a woman just long enough for her to discover my "little" secret. All dump me, some just after seeing it, some after trying it. My self-esteem is gone. I bounce from job to job. I no longer have enough confidence to ask out a woman. I am put one to UTI's, I can't even find a comfortable pair of pants and have to go to the restroom frequently just to adjust myself. So please do not take being normal for granted. I tell you this in hopes that people will stop making penis jokes. If you are small, count you blessings.

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  6. Anonymous10:39 PM

    FP, from a spiritual perspective, do you know why so many people hate Blacks, including ourselves?

    I mean, 'everybody' is trying their best to destroy us, and we seem to be helping them. No 'other' group of people on this planet has to be in such hell.

    What is going on?

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  7. Anonymous10:47 PM

    Anonymous said...
    I have a freakishly large penis. It is 17 inches. No, I am not black and this is a real medical condition. I frequently see jokes about penis size here. But let me tell you it's no joking matter. It has ruined my life. I date a woman just long enough for her to discover my "little" secret. All dump me, some just after seeing it, some after trying it. My self-esteem is gone. I bounce from job to job. I no longer have enough confidence to ask out a woman. I am put one to UTI's, I can't even find a comfortable pair of pants and have to go to the restroom frequently just to adjust myself. So please do not take being normal for granted. I tell you this in hopes that people will stop making penis jokes. If you are small, count you blessings.

    10:33 PM
    -------------
    A small penis produces the same result when women see it. Actually, it's worse because they immediately break out laughing and then get up an walk out on me. I have to wear a sock in my underwear and constantly have to go to the bathroom to adjust the sock. It's a real pain in the ass. Those with big penis are much better off. At least there will be some women who will find a big one sexually challenging. But a small one? No, not at all.

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  8. The way I understand it, the rule for equal population in the districts is for equality in representation; that is, the actual job the representatives are elected to do, instead of just the election that gets them there. Not that the folks trying to make these changes have any intention of actually doing that job if they do get elected. It doesn't seem to bother them that they have to cheat to win, as long as they get more of a chance to enact their right-wing agenda, which, by the numbers, the population at large does not want to be the law of the land.
    I was about to list the places where that agenda is being fully enacted at the state level (Kansas, Louisiana) and failing catastrophically, when I remembered that they don't see them as failing; the rich are getting richer at an even faster rate there, at everyone else's expense, so what's wrong with that?

    -Doug in Oakland

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  9. Anonymous11:19 PM

    "The way I understand it, the rule for equal population in the districts is for equality in representation; that is, the actual job the representatives are elected to do, instead of just the election that gets them there."

    Not in the minds of Republicans. If they're foreign-born permanent residents, or have a criminal records, they're not people and shouldn't have their interests represented in any way whatsoever. Fuck 'em. (Actually, if they're not white or earn below a certain income, also fuck 'em.)

    Of course, this isn't even about only counting people who are eligible to vote and only representing them -- which, as you point out, is already wrong. Republicans don't intend to count real numbers of eligible voters, because those numbers simply aren't available. Republicans intend to lie. Their plan is to simply invent large numbers of ineligible voters in Democratic-leaning areas in order to reduce their representation.

    This is what happens when you've committed to being the party of only part of the white populace and nobody else. Your party is no longer democratically electable and is then forced to cheat in order to hold on to power.

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  10. Citizenist11:25 PM

    "If they're foreign-born permanent residents, or have a criminal records, they're not people and shouldn't have their interests represented in any way whatsoever. "

    Only citizens have the right the vote.

    I agree that felons who have completed their sentences should be allowed to vote.

    But no one who comes here illegally has any claim on representation or the treasury.

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  11. Anonymous11:30 PM

    anon, 11:19pm, do you not understand that this is politics played by Democrats and Republicans? Everything is fair in war and politics. There is no intent by the GOP to discriminate against Blacks. It is an effort to win politically. Blacks vote Democratic all the time without a second thought. It seems reasonable to curtail their voting if possible in order to give the GOP an advantage in Congress.

    That is logical and reasonable thinking by a great party. They don't call the GOP The Grande Ole Party for nothing. You Dems need to stop your whining and play the game better, if you can. However, your game plan for decades has not been up to par.

    Blacks need to join the Republican party. Then they won't have to worry about not voting.

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  12. The Fixer11:36 PM

    "The way I understand it, the rule for equal population in the districts is for equality in representation; that is, the actual job the representatives are elected to do, instead of just the election that gets them there."

    Not in the minds of Democrats. Obama uses the power of his office to reward cronies and "punish his enemies". If they're illegal aliens, or serving a prison sentence, they deserve full welfare benefits and the right to vote. Fuck the actual citizens who don't want their country given away. (Actually, if they are white and earn below a certain income, fuck all of 'em.)

    Of course, this isn't even about only counting people who are eligible to vote and only representing them -- which is the law. Democrats don't intend to count real numbers of eligible voters, because they need the votes of illegals to stay in office. Democrats intend to lie. Their plan is to simply import large numbers of ineligible voters in Democratic-leaning areas in order to increase their electoral power.

    This is what happens when you've committed to being the party of the non-white populace and nobody else. Your party is no longer democratically electable and is then forced to cheat in order to hold on to power.

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  13. Limpbaugh11:58 PM

    We've got one hell of a Supreme Court. Three Justices appointed by traitors Reagan and H.W. Bush. They came to power in a coup, their deal with Iran to not release American hostages. Then their Justices stole our votes and appointed W. W became a war criminal and then appointed two more Justices. Bill Clinton did a lot of damage to the country with NAFTA and the consolidation of the media, but I don't know that that was criminal. Obama's protection of war criminals probably is criminal. It might be hard to prove that arming ISIS wasn't a mistake though. We've got one shitty government. And when you vote, remember less shitty is still shitty.

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  14. KKKrazy Glue1:52 AM

    The Democrats have mastered the art of Top Priority Trading: for Hispanics, supposedly, the Top Priority is illegal immigration, and so blacks must take a back seat on that issue; for blacks, supposedly, the Top Priority is governmental subsidies, and so wealthy earners must take a back seat on that issue; for gays, the Top Priority is same-sex marriage, and so Hispanics and blacks must take a back seat on that issue; for wealthy coastal elites, the Top Priority is environmentalism, so everyone else must take a back seat on that issue. The result is a party with a coherent coalition of far-leftism.

    The reason why they have some success in staying together is because of this “Top Priority” horse trading. Each constituent part is getting their most important agenda item even though their lower priority items contradict with the most important items for other constituent parts in the group. Again, this horse trading will only work as long as they have a real or imagined common enemy.

    Each constituent part hates it for different reasons, but the common contempt that every part of the Democrat-left coalition has toward “traditional white bread America” is the KKKrazy Glue that keeps them together.

    Hate is the Democrat priority.

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  15. The Fixer2:13 AM

    Anonymous The Fixer said...
    ------------------
    Bullshit, the real Fixer said nothing of the sort. Get your own screen name you lazy goofball!

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  16. The GOP2:15 AM

    Field, how dare you not wish our brethren in the great state of Alabama a happy Jefferson Davis day! I'm sure such a great GOP dominated state takes great pride in celebrating such a great man! I'll even go so far as to say Artur Davis had a drink in his honor. Let's not let this ever happen again.

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  17. Anonymous2:16 AM

    KKKrazy Glue, that was the best explanation of how the Dems operate ever given on FN.

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  18. The GOP2:21 AM

    Hate is the Democrat priority.
    ----------------
    Yes, I agree. Our top priority in the GOP is hatr.....er I mean a new understanding of anti-gay and anti-Islam understanding. Why just today Lindsey Grahm told us we need to fear Islamic terrorists taking over the country. We have our priorities straight such as tax cuts for the wealthy! Fuck immigrants because rich kids are worried about the dreaded death tax! And never forget we love us some Jesus and we'll nominate the person who shows their love for J the bestest during the debates. Oh yeah before I forget, we also hate science because we all know the world is 6,000 years old and Jesus rode a dinosaur. Now keep your priorities straight and vote GOP because you never know, we may have Sarah Palin as President one day and the world will be a much better place.

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  19. The Fixer2:21 AM

    KKKrazy Glue, that was the dumbest explanation of how the Dems operate ever given on FN.

    There, fixed it for ya.

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  20. Dennis Hastert2:33 AM

    Hate is the Democrat priority.
    --------------------------
    And the Republican party is all about love............for little boys.

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  21. Tom Foley2:33 AM

    And the Republican party is all about love............for little boys.
    --------------------------
    Ah, so that explains Kinky's picture. He's one of us.

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  22. Republican priority is to have guns everywhere. Open carry mobs in Arizona in front of a Mosque and now Texas will let college students carry guns anywhere on campus. Republicans love their guns.

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  23. I love "The Fixer". :)

    Kkkrazy glue, the first part of your name fits your hypothesis to a tee.

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  24. This comment has been removed by the author.

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  25. PilotX:Freeing slaves from the Republican plantation since the 70's said...

    Republican priority is to have guns everywhere. Open carry mobs in Arizona in front of a Mosque and now Texas will let college students carry guns anywhere on campus. Republicans love their guns.

    3:42 AM

    Democrat priority is to have Obama's sons and daughters continue to kill each other in every liberal city in this country. Obama's sons and daughters really love killing people with they guns....

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  26. Racial paranoia is strong in the fields today...


    "Back in 2013, the Supreme Court put a knife into the guts of the Voting Rights Act, making it almost impossible to enforce laws that prevented discrimination against voters of color."

    ALMOST? HA! If the moonbat would have said-

    "Back in 2013, the Supreme Court put a knife into the guts of the Voting Rights Act, making it impossible to enforce laws that prevented discrimination against voters of color."


    Facts would have proven him a liar. So "almost' is added.

    Anytime moonbat groups oppose something-it must be good for America.



    "If the plaintiffs win, states will be forced literally to count some people more than others. I told you there was something about this case that sounds familiar to anyone who knows our country's, er, problematic history on voting and discrimination."

    States will count registered voters instead of non-registered voters. This will make it harder for illegals and dead Democrat voters to vote. OH!! The horror!!!

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  27. If I don't get to vote... I ain't paying taxes

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  28. Blas Gomez11:10 AM

    @Penelope: Don't let Field scare you with this nonsense. This is just more Democrat scare tactics designed to keep black voters on the Democrat Plantation.

    There are plenty of things wrong with the Republicans, but taking your vote away isn't one of them.

    And if you don't like your taxes being used to import and support 1/2 of Latin America, consider voting Republican.

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  29. PilotX:Freeing slaves from the Republican plantation since the 70's said...
    conservative's advantage, they believe in the long game. they're STILL trying to dismantle Roe v. Wade


    Abortion is here to stay. Simply pandering to their low information voters.

    Exactly like when Hillary and dumbocrats talk about income inequality, Hillary and her dumbocrat friends are just pandering to their low information voters.

    Everyone knows Hillary and her dumbocrat friends are not going to give up their money to make things fair for poor people. Duh!


    Why Only One Top Banker Went to Jail for the Financial Crisis
    http://www.nytimes.com/2014/05/04/magazine/only-one-top-banker-jail-financial-crisis.html

    Interesting point from the link...
    % of white collar crimes prosecuted federal level...
    1997 17.6
    2010-2012 9.4

    Instead of cracking down on bank fraud, Obama has done the opposite. His words about evil bankers, simply pandering to his low information voters.

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  30. PilotX:Freeing slaves from the Republican plantation since the 70's said...
    Republican priority is to have guns everywhere.


    And the dumbocrat agenda is to ban guns from law abiding citizens and let only criminals have guns.


    Is the gun ban in Baltimore keeping guns out of the hands of right-wingnuts like dumbocrats want?

    Is the gun ban keeping guns out of the hands of dumbocrat voters?

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  31. Citizenist12:27 PM

    The kind of lies and misconceptions in Field's bit of agitprop are a signal indicator of the state of decay of the American system of governance. We are in the late stages of a kind of decline that is inherent in democracy itself, in which a gradual expansion of the franchise, culminating in universal suffrage, leads inexorably to short-sighted governance, the consumption of future assets for present-day expenses, and the general dissipation of a nation’s vigor. As Fitzjames Stephen wrote in 1874:

    The substance of what I have to say to the disadvantage of the theory and practice of universal suffrage is that it tends to invert what I should have regarded as the true and natural relation between wisdom and folly. I think that wise and good men ought to rule those who are foolish and bad. To say that the sole function of the wise and good is to preach to their neighbors, and that everyone indiscriminately should be left to do what he likes, should be provided with a ratable share of the sovereign power in the shape of the vote, and that the result of this will be the direction of power by wisdom, seems to me the wildest romance that ever got possession of any considerable number of minds.

    So, here we are, in a runaway train, with a foolish and angry mob at the controls. We have not the numbers to storm the engine. What to do?

    The historically literate reactionary’s answer is: nothing. We can do nothing, other than to hope we survive the inevitable wreck, to learn from our mistakes, and perhaps to carry something forward.

    So don't worry, Field. Regardless of the outcome of this specific court case or even of the next Presidential election, your side has already won. A conservative victory here or there may ease the foot on the accelerator a little bit, but there are no longer any brakes to hit. America has been broken, and it only a matter of time before the inevitable derailment. But that's likely down the tracks far enough that you and I won't see it. And since you don't have any children who will have to suffer the consequences, it's a win-win.

    Congratulations.

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  32. All it takes is $$ for dumbocrats to embrace lobbyists that lobby for ExxonMobil, the Washington Redskins and America’s Natural Gas Alliance, a trade group for fracking companies.

    Wednesday, June 17, 2015
    Hosted by McGuireWoods PAC
    and the Honorable Evan Bayh

    https://www.hillaryclinton.com/special-events/conversation-podesta-jun-17/

    McGuireWood

    What would happen to the dumbocrat party if their low information voters demanded honesty?

    Has a single person in a country of 300 million saved $2500 on health insurance like Obama promised.

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  33. Bill, I see another one of tour wingnut pals just jumped in the race.

    I swear if I was born in this country I would throw my hat in the ring for the republican nomination. I have as good a shot at winning as most of these clowns.

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  34. field negro said...
    Bill, I see another one of tour wingnut pals just jumped in the race.


    Pro choice
    Pro drugs
    pro abortion

    I understand why you need to call me a rethug.

    It's easier than defending the actions of your party. Kinda the same game ann coulter plays.

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  35. Anonymous2:37 PM

    Democrat priority is to have Obama's sons and daughters continue to kill each other in every liberal city in this country. Obama's sons and daughters really love killing people with they guns....
    -------------------------------------
    Kinky's priority is being a racist dick.


    Pro choice
    Pro drugs
    pro abortion
    ---------------------------
    Republicans are pro stupid that's why Bill supports them.



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  36. The Fixer2:38 PM

    What would happen to the rethuglican party if their low information voters demanded intelligence?

    There, fixed it for ya.

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  37. On Sunday, the Houston based law firm Looney and Conrad, PC. sent out a statement saying jailed bikers had been presented with a deal that would reduce their bond amount in exchange for their agreement not to sue the Waco Police Department.
    http://www.kxxv.com/story/29211450/fake-biker-deal-yields-real-fight

    Wanna get out of jail, sign an agreement you won't sue.

    Is Attorney General Loretta Lynch going to get involved?

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  38. Anonymous6:27 PM

    11:47pm

    Though we suffer in different ways, thank you for your understanding. Let us stand firm in solidarity that we still have self-worh regardless of how we measure up in the eyes of others.

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  39. Anonymous6:30 PM

    LIFE IS A PRICKLY-PAIR OF INJUSTICES STEPPED UPON BY THE BAREFOOT!

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  40. When Democrats pose all problems as created by 'Them'. There's this: https://www.evernote.com/shard/s6/sh/07a9f5f6-a988-4e63-b996-bcd68ebf2394/97f2a8cdc7c598a9

    PRIMARY ELECTIONS ARE UNDEMOCRATIC. PERIOD.

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