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Justices Won’t Block Pennsylvania Gerrymandering Decision

February 6, 2018 by  
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Under the current map, Republicans control 13 of those 18 seats. Election law experts say that a nonpartisan map could move as many as three of those seats to Democrats and increase that party’s chances of regaining control of the House in the midterm elections this fall.

The State Supreme Court’s 5-2 decision divided along partisan lines, with the Democratic justices in the majority and the Republicans in dissent. The majority has promised to issue an opinion providing its detailed reasoning but has yet to do so.

Republican lawmakers filed an emergency application last month asking the United States Supreme Court to step in, saying the case was partly governed by federal law. They pointed to Article I, Section 4 of the United States Constitution, which says that the times, places and manners of congressional elections “shall be prescribed in each state by the legislature thereof.”

The lawmakers said the State Supreme Court had thus usurped the legislature’s role in violation of federal law. They relied on a closely divided 2015 decision from the United States Supreme Court allowing an independent redistricting commission in Arizona rather than its Legislature to draw congressional districts.

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The commission had been authorized by a referendum, and the justices in the majority said that the Constitution’s reference to “legislature” encompassed the people’s legislative power when acting through ballot initiatives. The dissenters said the term legislature should have been read more narrowly.

The lawmakers in the Pennsylvania case argued that the term was in any event not elastic enough to encompass a court.

In response, lawyers for Gov. Tom Wolf, a Democrat, pointed to another part of the Arizona decision’s discussion of Article I, Section 4. “Nothing in that clause instructs, nor has this court ever held, that a state legislature may prescribe regulations on the time, place and manner of holding federal elections in defiance of provisions of the state’s Constitution,” Justice Ruth Bader Ginsburg wrote for the majority.

The United States Supreme Court frequently grants stays of election-law decisions from federal courts, particularly if elections are near. It has stayed the trial court rulings, for instance, in the Wisconsin and North Carolina cases.

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But it rarely intervenes in election cases from state courts. A notable exception was Bush v. Gore, the 2000 decision that handed the presidency to George W. Bush.

“Granting review of this case,” lawyers for Mr. Wolf wrote, “would represent an unprecedented encroachment on the rights of state courts to delineate the boundaries of state law.”

Lawyers for the League of Women Voters of Pennsylvania, which challenged the state’s congressional map along with several voters, were even more direct. “There is no partisan gerrymandering exception to federalism,” they wrote.

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Martin Luther King Jr. sermon used in a Ram Trucks Super Bowl commercial draws backlash

February 6, 2018 by  
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The Rev. Martin Luther King Jr. was featured during the Super Bowl commercials Sunday night, but the use of one of his sermons drew swift backlash on social media. A commercial for Ram Trucks featured a portion of a sermon from King, a use that was approved by the managers of his estate but opposed by other entities associated with King.

The ad begins by noting that King delivered the sermon — known as “The Drum Major Instinct” — on Feb. 4, 1968, 50 years ago Sunday. In the sermon, delivered two months before he was assassinated, King also advised people not to spend too much on cars.

According to Stanford University’s reprinting of his sermon, it was an adaptation of the 1952 homily ‘‘Drum-Major Instincts’’ by J. Wallace Hamilton, who was a well-known, white liberal Methodist preacher at the time.

Here is the text from the sermon that was used as a voice-over in the commercial:

“If you want to be important — wonderful. If you want to be recognized — wonderful. If you want to be great — wonderful. But recognize that he who is greatest among you shall be your servant. That’s a new definition of greatness. … By giving that definition of greatness, it means that everybody can be great … by giving that definition of greatness, it means that everybody can be great. … You don’t have to know about Plato and Aristotle to serve. You don’t have to know [Einstein’s] theory of relativity to serve. You don’t have to know the second theory of thermodynamics in physics to serve. You only need a heart full of grace, a soul generated by love. And you can be that servant.”

His sermon, delivered at Ebenezer Baptist Church in Atlanta where he was a pastor, referenced the biblical passage Matthew 23:11-12, “The greatest among you will be your servant.”

The ad shows Americans experiencing moments of struggle, such as a sweating man doing pushups, and moments of heroism, such as a firefighter carrying a boy outside a burning building. It also shows a Ram truck transporting a church.

What the Super Bowl ad doesn’t include is the part of King’s sermon in which he warns against the dangers of spending too much when buying a car and not trying to keep up with the Joneses.

“Do you ever see people buy cars that they can’t even begin to buy in terms of their income? You’ve seen people riding around in Cadillacs and Chryslers who don’t earn enough to have a good T-Model Ford,” King said in his sermon. “But it feeds a repressed ego. You know, economists tell us that your automobile should not cost more than half of your annual income. So if you make an income of $5,000, your car shouldn’t cost more than about $2,500. That’s just good economics.”

Someone took the Ram ad and overlaid it with what King said about cars and capitalism.

“Now the presence of this instinct explains why we are so often taken by advertisers,” King said in his sermon. “You know, those gentlemen of massive verbal persuasion. And they have a way of saying things to you that kind of gets you into buying. In order to be a man of distinction, you must drink this whiskey. In order to make your neighbors envious, you must drive this type of car. In order to be lovely to love you must wear this kind of lipstick or this kind of perfume. And you know, before you know it, you’re just buying that stuff.”

The edited ad continues, “And I got to drive this car because it’s something about this car that makes my car a little better than my neighbor’s car. … And I am sad to say that the nation in which we live is the supreme culprit. And I’m going to continue to say it to America.”

King concluded that sermon by imagining his own funeral, saying he wanted to be remembered for doing good deeds, including serving others. This year will mark the 50th anniversary of the death of King, who was assassinated in Memphis on April 4, 1968.

The King Center, which was founded as a memorial to King by his wife, Coretta Scott King, tweeted that the center and its chief executive, Bernice King, the youngest child of the Kings, do not approve of the use of his words in advertisements.

Bernice King also distanced herself from the ad.

Eric D. Tidwell, manager of the Estate of Dr. Martin Luther King, which handles the licensing King’s intellectual property, made the decision to allow King’s sermon to be used in the advertisement.

“When Ram approached the King Estate with the idea of featuring Dr. King’s voice in a new ‘Built To Serve’ commercial, we were pleasantly surprised at the existence of the Ram Nation volunteers and their efforts,” Tidwell said in a statement to The Post.

He said the advertisement was reviewed to ensure it met “standard integrity clearances.”

“We found that the overall message of the ad embodied Dr. King’s philosophy that true greatness is achieved by serving others,” he said.

Fiat Chrysler Automobiles defended the ad, which was made by a Chicago-based boutique ad agency called Highdive, according to AdAge.

“We worked closely with the representatives of the Martin Luther King Jr. estate to receive the necessary approvals and estate representatives were a very important part of the creative process every step of the way,” the company said in a statement.

The Drum Major Institute, which was founded to preserve King’s legacy, said it “in no way condones the use of Dr. King’s sermon for this purpose.”

“In a twist of irony, one of the specific evils Dr. King condemned was the exploitation of the drum major instinct by advertisers, particularly car advertisers,” the statement said.

Several people on social media found the commercial distasteful.

Religion made another appearance in a separate Super Bowl commercial, in which Toyota used religious leaders to advertise trucks. A rabbi, a priest, an imam and a Buddhist monk loaded into a truck to go to a football game with the tagline, “We’re all on one team.”

This story has been updated to include a statement from Eric D. Tidwell, the manager of the Estate of Dr. Martin Luther King. It has also been updated to include statements from Bernice King, the Drum Major Institute and an ad that overlaid a different portion of King’s sermon onto the ad. 

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