Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Judi Lynn

(160,415 posts)
Thu Sep 19, 2019, 05:10 PM Sep 2019

Federal judge blocks California law requiring Trump tax returns

Source: The Hill


BY JUSTINE COLEMAN - 09/19/19 04:41 PM EDT

A federal judge issued a temporary injunction against a California state law that requires presidential candidates to disclose their tax returns to appear on the primary ballot.

President Trump's lawyers had challenged the law, which was signed into law by California Gov. Gavin Newsom (D).

U.S. District Judge Morrison England, Jr., a George W. Bush appointee on the U.S. District Court for the Eastern District of California, said there would be "irreparable harm without temporary relief" for Trump and other candidates if he did not make the rare temporary decision to block, The Los Angeles Times reported.

The decision will likely be appealed by state officials.



Read more: https://thehill.com/homenews/administration/462234-federal-judge-blocks-california-law-requiring-trump-tax-returns



(Short article, no more at link.)
41 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Federal judge blocks California law requiring Trump tax returns (Original Post) Judi Lynn Sep 2019 OP
The Pukes are all in lockstep thegoose Sep 2019 #1
Seriously... WTF!?! Surprised the judge wasn't appointed by that ass-clown!! InAbLuEsTaTe Sep 2019 #31
One of Dubya's toadies sandensea Sep 2019 #32
As they say, elections have consequences... we need to fight fire with fire. InAbLuEsTaTe Sep 2019 #34
I wish the good people in the intelligence agencies would see it that way. sandensea Sep 2019 #35
Good question!! InAbLuEsTaTe Sep 2019 #36
I thought state elections are state elections? bluestarone Sep 2019 #2
the office is federal not state nt msongs Sep 2019 #4
Right BUT States decide HOW to run their own elections. bluestarone Sep 2019 #6
Could a state declare that only voters over the age of 50 can vote in a primary? onenote Sep 2019 #14
SC said Feds can't interfer with gerrymandering bluestarone Sep 2019 #17
It is called the Supremacy clause of the US Constitution. former9thward Sep 2019 #25
This message was self-deleted by its author still_one Sep 2019 #20
But the Constitutional requirement only applies to the general. LiberalFighter Sep 2019 #7
Where does it say that in the Constitution? former9thward Sep 2019 #26
The primaries are not to elect someone to office dumbcat Sep 2019 #9
You can't get to the general without the primaries. former9thward Sep 2019 #27
Yes you can. How do third party candidates get there? lostnfound Sep 2019 #37
This law was aimed at the major parties not independents. former9thward Sep 2019 #39
Inaccurate ProfessorGAC Sep 2019 #38
Has CA changed it law about primaries? former9thward Sep 2019 #40
GAWD DAMN IT........ a kennedy Sep 2019 #3
Either way they rule on this will not be controversial Tiggeroshii Sep 2019 #5
Yep! No different than requirement with petition signatures to get on ballot in primaries. LiberalFighter Sep 2019 #8
what would be the argument against a rule that limited ballot access to billionaires? onenote Sep 2019 #15
My guess is they will try toavoid that approach altogether Tiggeroshii Sep 2019 #19
What about a law that says that the state electors for the cstanleytech Sep 2019 #10
That would be unconstitutional. onenote Sep 2019 #11
Why isn't it unconstitutional for other states to mandate who the electors can vote for? cstanleytech Sep 2019 #16
In your example, the state would be imposing a qualification for holding federal office. onenote Sep 2019 #18
But isnt that what some of the states are doing already by enacting requirements on who the cstanleytech Sep 2019 #22
no. onenote Sep 2019 #23
Problably yes, which is why laws concerning "faithless electors" are most likely unconstitutional. PoliticAverse Sep 2019 #28
It is Polybius Sep 2019 #29
California Olafjoy Sep 2019 #12
Please tell me Democrats have better lawyers BlueIdaho Sep 2019 #13
I don't think Lawyers are the problem bluestarone Sep 2019 #21
Trumps smug ugly face makes me sick.................. riversedge Sep 2019 #24
"The decision will likely be appealed by state officials." sakabatou Sep 2019 #30
U.S. Term_Limits Inc. v. Thornton suggests the law will not be upheld... PoliticAverse Sep 2019 #33
You can't argue "irreputable harm" ScratchCat Sep 2019 #41

InAbLuEsTaTe

(24,121 posts)
31. Seriously... WTF!?! Surprised the judge wasn't appointed by that ass-clown!!
Fri Sep 20, 2019, 12:17 AM
Sep 2019

Just as bad though.


Bernie & Elizabeth 2020!! or
Elizabeth & Bernie 2020!!
Either way, welcome to the revolution!!!

sandensea

(21,586 posts)
32. One of Dubya's toadies
Fri Sep 20, 2019, 12:26 AM
Sep 2019

You'll recall that Bush was a big believer in the RW takeover of the judiciary.

Worked so well for him, after all.

InAbLuEsTaTe

(24,121 posts)
34. As they say, elections have consequences... we need to fight fire with fire.
Fri Sep 20, 2019, 01:33 AM
Sep 2019

Bernie & Elizabeth 2020!! or
Elizabeth & Bernie 2020!!
Either way, welcome to the revolution!!!

sandensea

(21,586 posts)
35. I wish the good people in the intelligence agencies would see it that way.
Fri Sep 20, 2019, 01:41 AM
Sep 2019

I mean - how much treason are they going to sit by and stand for, for God's sake!

InAbLuEsTaTe

(24,121 posts)
36. Good question!!
Fri Sep 20, 2019, 02:32 AM
Sep 2019

Bernie & Elizabeth 2020!! or
Elizabeth & Bernie 2020!!
Either way, welcome to the revolution!!!

onenote

(42,503 posts)
14. Could a state declare that only voters over the age of 50 can vote in a primary?
Thu Sep 19, 2019, 06:16 PM
Sep 2019

I think the disclosure requirement for getting on the primary ballot should be upheld. But I also don't think states have completely unfettered discretion in deciding how to run primary elections. For example, a state can limit voting in a primary to registered members of a particular political party, even if that effectively disenfranchises voters that do not register with any party. But could they say that only left handed people can vote? Only people over a certain age? Only people who voted in the last general election? Could a state impose, in effect, a poll tax to participate in a primary?

Again...states can do a lot of things, but I don't think they necessarily can do anything that they want. And that goes for ballot access issues. Could a state declare that only a left handed person can qualify for ballot access? Or only someone with a net worth of $10 million dollars? There has to be some standard...I don't know what it is, but there has to be something.



bluestarone

(16,832 posts)
17. SC said Feds can't interfer with gerrymandering
Thu Sep 19, 2019, 06:48 PM
Sep 2019

I'm thinking HOW can courts pick and choose what rights States actually do have?

former9thward

(31,913 posts)
25. It is called the Supremacy clause of the US Constitution.
Thu Sep 19, 2019, 10:37 PM
Sep 2019

I predicted this when the law was passed and people said I was wrong, Well ...

Response to onenote (Reply #14)

dumbcat

(2,120 posts)
9. The primaries are not to elect someone to office
Thu Sep 19, 2019, 05:33 PM
Sep 2019

They are to select which members of a party get to run as the party rep.

Nothing federal about it.

ProfessorGAC

(64,789 posts)
38. Inaccurate
Fri Sep 20, 2019, 07:07 AM
Sep 2019

A party could, without legal consequences, go back to the "smoke filled room" method.

In many states, state law would have to be changed. Like our state, there are statutes regarding primaries. But, the fed cannot stop a state from returning to power brokers from picking a candidate

former9thward

(31,913 posts)
40. Has CA changed it law about primaries?
Fri Sep 20, 2019, 09:10 AM
Sep 2019

And why should a major party be forced to go to the "smoke filled room" just to avoid something that is unconstitutional? I predicted this would be the result when the law was passed.

 

Tiggeroshii

(11,088 posts)
5. Either way they rule on this will not be controversial
Thu Sep 19, 2019, 05:21 PM
Sep 2019

The constitution sets the requirements for office, not the states. But states make requirements for ballot access (signature requirements, etc)-if this is a ballot access issue the states win, but if it is a qualification for office issue, the president wins.

 

Tiggeroshii

(11,088 posts)
19. My guess is they will try toavoid that approach altogether
Thu Sep 19, 2019, 07:54 PM
Sep 2019

And say the preside t qualifications are being chaanged. California will likely argur that isnt the case and it is a ballot access issue....

cstanleytech

(26,211 posts)
10. What about a law that says that the state electors for the
Thu Sep 19, 2019, 05:57 PM
Sep 2019

electoral college can only vote for a candidate that has released their tax returns to the public 90 days or sooner before an election?

onenote

(42,503 posts)
18. In your example, the state would be imposing a qualification for holding federal office.
Thu Sep 19, 2019, 07:46 PM
Sep 2019

And states can't do that.

cstanleytech

(26,211 posts)
22. But isnt that what some of the states are doing already by enacting requirements on who the
Thu Sep 19, 2019, 08:20 PM
Sep 2019

electors vote for?

Polybius

(15,309 posts)
29. It is
Thu Sep 19, 2019, 11:01 PM
Sep 2019

A law was just struck down a few months ago that said electors must vote for their Party's winner or be fined.

Olafjoy

(937 posts)
12. California
Thu Sep 19, 2019, 06:14 PM
Sep 2019

The 5th largest economy in the world should take a lesson from Cheetolini’s people and say “Injunction smishsmunction. No taxes no ballot.” What is he going to do? Send the army to the printers?

riversedge

(70,012 posts)
24. Trumps smug ugly face makes me sick..................
Thu Sep 19, 2019, 09:20 PM
Sep 2019




?s=20




Judge To Rule Against California Election Law Requiring Trump’s Tax Returns
President Donald Trump speaks about his administration's national security strategy at the Ronald Reagan Building and International Trade Center on December 18, 2017. President Donald Trump rolled out his first "Nati... MORE
By Cristina Cabrera
|
September 19, 2019 6:48 pm


A federal judge said on Thursday that he will order a temporary injunction against California’s law requiring presidential candidates to provide their tax returns in order to appear on the state’s ballot.

According to the Los Angeles Times, U.S. District Court Judge Morrison England Jr. said the law would cause candidates, including President Donald Trump, “irreparable harm without temporary relief.”

The decision was a victory for Trump, his campaign and the California Republican party, all of whom had sued against the law.

“We are encouraged that the federal court tentatively concluded that a preliminary injunction should be granted,” said Trump lawyer Jay Sekulow, per Politico. “We look forward to the court’s written order.”

California passed the Presidential Tax Transparency and Accountability Act near the end of July in an effort to force Trump to disclose his long-concealed tax returns.

Trump’s legal team quickly slammed the law as unconstitutional and moved to block it.



ScratchCat

(1,975 posts)
41. You can't argue "irreputable harm"
Fri Sep 20, 2019, 10:58 AM
Sep 2019

and argue that your tax records show no wrongdoing at the same time. What is the harm? How can the motherfucking POTUS be "harmed" by the citizens of the country knowing where his money is coming from unless he has committed fraud?

Latest Discussions»Latest Breaking News»Federal judge blocks Cali...