Stephanie Mencimer

Stephanie Mencimer

Reporter

Stephanie works in Mother Jones' Washington bureau. A Utah native and graduate of a crappy public university not worth mentioning, she has spent the last year hanging out with angry white people who occasionally don tricorne hats and come to lunch meetings heavily armed.

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Stephanie covers legal affairs and domestic policy in Mother Jones' Washington bureau. She is the author of Blocking the Courthouse Door: How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue. A contributing editor of the Washington Monthly, a former investigative reporter at the Washington Post, and a senior writer at the Washington City Paper, she was nominated for a National Magazine Award in 2004 for a Washington Monthly article about myths surrounding the medical malpractice system. In 2000, she won the Harry Chapin Media award for reporting on poverty and hunger, and her 2010 story in Mother Jones of the collapse of the welfare system in Georgia and elsewhere won a Casey Medal for Meritorious Journalism.

Could Bush v. Gore Save Obama in Ohio?

| Tue Oct. 16, 2012 3:08 AM PDT

Update: On Tuesday, the Supreme Court rejected an attempt by Ohio to shut down early voting the weekend before Election Day for everyone but members of the military and their families, a major victory for the Obama campaign.

The Supreme Court's highly politicized and intensely criticized decision in the landmark case Bush v. Gore was so bad for the court that it reportedly made former Justice David Souter weep and contemplate quitting. In his dissent, Justice John Paul Stevens lamented bitterly that the majority opinion "can only lend credence to the most cynical appraisal of the work of judges throughout the land." When asked about the decision, Justice Antonin Scalia usually tells audiences, "Get over it!"

In the 12 years since the conservative court majority stopped the Florida recount and handed the presidential election to Republican George W. Bush, it has studiously avoided revisiting that decision. Bush v. Gore has become The Case That Shall Not Be Named. Not once has the court cited the opinion in another decision. By comparison, in the decade after Brown v. Board of Education, the court referenced that decision more than 25 times. But an unexpected litigant may soon force the court to confront the logic of what it did in 2000: the Obama campaign. And how the court decides that case could swing the election. Again.

Obama for America has been in court in Ohio challenging the state's move to close early voting three days before the actual election for everyone but military and overseas voters. The state had implemented early voting in 2005 after criticism of its performance in 2004, when thousands of voters faced huge lines on Election Day and many people were turned away because they didn't vote before the polls closed. In 2008, 100,000 people, many of whom might be considered to lean Democrat (women, minorities, poor people), voted early during the weekend before the election. So last year, Ohio's Republican-dominated state legislature decided to pull the plug on early voting, except for the people who might be more inclined to vote Republican, namely people in the military.

The Obama campaign challenged the move, and in August, a federal judge agreed that Ohio had violated the Constitution's Equal Protection Clause by allowing some people to vote early but not others. In early October, the Sixth Circuit Court of Appeals upheld the decision and ordered Ohio to keep the polls open for the weekend for everyone if they do it for the military and overseas voters. The state has filed an emergency petition with the Supreme Court to overturn the order. The Obama campaign, naturally, is opposed, and has filed a brief arguing that Bush v. Gore demands that the court protect the integrity of the voting process. (In that case, the court stopped the Florida vote recount because it argued that the state's procedures failed to treat all ballots equally and thus had violated the 14th Amendment.)

As a result, the court now will have to prove whether it was serious or simply partisan when it sided with Republicans by declaring that "[t]he right to vote is protected in more than the initial allocation of the franchise. Equal protection applies as well to the manner of its exercise." The Ohio case could provide the court with an opportunity to "heal the wound of confidence" that Stevens so eloquently identified in his 2000 dissent. This time, though, if the court sticks with this earlier precedent, it might be helping hand the election to the Democrats, making the case a serious test of the conservatives' true commitment to the idea of equal protection at the ballot box.

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Anti-Gay Group Finds "Homosexual Agenda" in School Lunch Room

| Mon Oct. 15, 2012 12:18 PM PDT

Anti-gay activists tend to find evidence of the "homosexual agenda" lurking around every corner: in Teletubbies, Campbell's Soup, even American Girl dolls. Most recently, though, they've focused their attention on programs designed to combat bullying in schools, which they see as a dangerous movement to bring impressionable youth into the gay lifestyle. As Bryan Fischer, the director of issues analysis at the American Family Association (AFA), one of the leading opponents of anti-bullying programs, has explained, "[H]omosexuals cannot reproduce, so they have to recruit; it's the only way to swell their numbers."

AFA and other anti-gay groups like the Traditional Values Coalition has been fairly apoplectic about anti-bullying programs and legislation around the country that has been enacted in the wake of suicides of gay teenagers who had been bullied at school. They've directed their wrath at people like Kevin Jennings, formerly the Obama administration's safe schools "czar," who made anti-bullying programs a big part of the administration's education agenda. (Conservative outrage against Jennings was so bad that he was the target of numerous death threats.) The most recent campaign, though, is targeted at an anti-bullying effort called "Mix It Up At Lunch Day," created by the Southern Poverty Law Center.

Mix It Up Day, this year on October 30, consists almost entirely of forcing kids to sit with someone new at lunch. That's it. The idea behind it is that forcing kids to interact with kids they don't normally hang with helps break up cliques that form in schools and which foster bullying. But behind this rather innocuous project, the AFA sees the "homosexual agenda." According to their website:

"Mix It Up" day is an entry-level "diversity" program designed specifically by SPCL [sic] to establish the acceptance of homosexuality into public schools, including elementary and junior high schools.

AFA is encouraging its members to keep their kids home from school on the 30th if their schools participate, and also to pressure schools to abandon the project. The SPLC finds AFA's outrage—and characterization of the program—a bit preposterous. Maureen Costello, the director of the center's Teaching Tolerance program, told the New York Times, "We've become used to the idea of lunatic fringe attacks, but this one was complete misrepresentation."

But the AFA isn't likely to be dissuaded. After all, these are people who found the gay agenda hiding in a Starbucks coffee cup. Indeed, Fischer told the Times, "[The day is] just another thinly veiled attempt to promote the homosexual agenda. No one is in favor of anyone getting bullied for any reason, but these anti-bullying policies become a mechanism for punishing Christian students who believe that homosexual behavior is not something that should be normalized."

Mia Love May Have Been Her Parents' "Ticket to America" After All

| Mon Oct. 1, 2012 2:42 PM PDT
Mia Love

Last week, Mother Jones raised questions about the story Utah GOP congressional candidate Mia Love tells on the campaign trail about her Haitian immigrant parents. She often highlights their tale of coming to the US with $10 in their pockets and making it in America without any help from the government. She has claimed they came here legally and thus, she and her parents are different from those other immigrants her party would like to see barred at the gate. Yet in 2011, Love described her birth in the US as "our family's ticket to America," because it allowed her parents to beat a deadline in the law and gain "citizenship." Her story suggested that she was what members of her party derisively call an "anchor baby."

I tried to confirm Love's story about her birth and whether it could have allowed her parents to gain citizenship, because her description conflicts with current immigration law. I interviewed a host of immigration lawyers and put the details Love had provided about her family's immigration story to federal officials at both agencies that have jurisdiction over immigration. None of them could find a specific provision in the law that matched the one Love described. After researching the subject, a spokeswoman for the US Citizenship and Immigration Service said that US policy since 1924 has been to bar minor children from petitioning for their parents' permanent residence. As a result, I suggested that Love's story might be inaccurate.

However, it turns out I was wrong on one count. There was a measure in place that would have allowed Love's birth to help her parents attain permanent resident status if they registered before 1977. The law, passed in 1976, was never codified, meaning that it was never made part of the US code, so someone looking in the US code books for the Immigration Nationality Act, of which it is part, wouldn't necessarily be able to find the provision. It often exists as a footnote in some versions of the code, according to Margaret Stock, an immigration lawyer with Lane Powell in Alaska. (It's also described in this State Department manual.)

Forbes first reported on Friday that this particular law allowed residents of the Western Hemisphere to use a child born in the US to apply for resident visas. The Forbes story also suggests that despite her protestations, Love's parents were probably in the country illegally, at least for a while, after overstaying their visas—something that nearly half of all illegal immigrants in the US have done. Stuart Anderson, the executive director of the National Foundation for American Policy, writes in Forbes:

In discussing the parents’ path to America with Margaret Stock, we both came to the conclusion that Mia Love’s parents likely came to the United States on tourist visas and then overstayed those visas for at least a few years. Stock says it’s possible Mia Love’s parents conscientiously filed regular extensions to those visas and that those extensions were all approved. More likely, Mia Love’s parents were in the country out of legal status and, it turned out, after Mia’s birth a provision of U.S. immigration law that would expire in a year may have helped them stay legally.

Since Mother Jones first raised these issues, Republicans have rallied to Love's side, taking issue with our use of the term "anchor baby" and claiming that her family's immigration story is irrelevant to her campaign. Michelle Malkin, who has said that "anchor babies" undermine national security and the integrity of citizenship, snarked on Twitchy,

Note the question mark and quotes around “anchor baby.” The Mother Jones writer isn’t saying Love is an “anchor baby” to undermine her huge lead; she’s just “asking questions” about “what Republicans derisively call an ‘anchor baby’.” You know, by suggesting her parents “gamed the immigration system” and raising questions about Love’s truthfulness...Note to Mother Jones’ readers: Love’s parents came to the United States as legal immigrants. Not that she had much say in the matter.

Utah Republican Party Chairman Thomas Wright told the Salt Lake Tribune that questions about Love's immigration history should be off limits:

[T]his line of questioning is inappropriate. I think for a candidate to have to speculate on her parents’ motive during her conception and birth is outside the scope of what questions are appropriate during a campaign. The fact is her parents are U.S. citizens and if people have questions about that, then they should take those questions to the government agency that granted them citizenship.

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