Tuesday, March 10, 2009

SCOTUS Limits Voting Rights Act


One of the most critical Supreme Courts decisions of recent years, with regards to Congressional redistricting and the makeup of the House, came down this morning, and it's bad news for Democrats.

In a 5-4 decision, the SCOTUS ruled that the protection of the Voting Rights Act is limited to "majority-minority" districts, or districts where a particular racial minority reaches or exceeds 50% of the population.

Where this is potentially damaging to Democrats is in districts with substantial minority populations - say, a 40% black district - where minorities and white Democrats combine to elect a Democratic, generally minority-friendly Representative.

Examples of such a district would be the Indianapolis-centered IN-07 (30% black, represented by Andre Carson) and the Savannah-centered GA-12 (45% black, represented by John Barrow). Under the new decision, such districts are not protected by the VRA, so they can be redrawn into any shape

Now, legislatures can still draw such districts - a Democratic legislature could do that whenever they wanted. The problem is that there is nothing preventing Republicans from doing the opposite - from diluting the voting power of minorities and white Democrats in such districts as they see fit.

Conversely, there's nothing to stop Republicans from "packing" minorities in supercharged districts to minimize the number of minorities outside the districts.

Here's SSP's Crisitunity's take on this:

The news isn't good: in a party-line 5-4 decision (plurality authored by Justice Kennedy), the court held that the VRA does not require the creation of new districts that are intended to elect a minority representative ('crossover' or 'coalition' districts) but where that minority does not actually constitute 50% of the district's population.

Now, there's one key detail that makes this not as dire as it first sounds. Kennedy made it clear that state legislatures may still create a district that has less than 50% of a particular minority even if the intent of the district is to elect a minority representative (via a coalition of various minorities, or minorities plus liberal whites). It is simply not required as a remedy under the VRA in response to previous instances of vote dilution. However, the federal government cannot compel the creation of such a district. (Unless, as DavidNYC pointed out, Congress steps into the fray and rewrites VRA section 2. That may be too much of a political football to take on right now, though.)

Bartlett v. Strickland stems from a 2007 North Carolina Supreme Court decision, where the NC court struck down a district that was 39% African-American, created with the intention of electing an African-American, on the grounds that the district violated state law by unnecessarily crossing county lines. Civil rights groups appealed, saying that such coalition districts help to reduce racial polarization by requiring minority candidates to receive at least some backing from white voters.

How will this shake down in terms of redistricting? Well, it makes control of the redistricting process even more important. Democrats can't go to the courts to protect, say, IN-07 if Indiana Republicans decide they want to carve up Indianapolis.

It may not make any difference in Indianapolis, where Democrats control redistricting, but in Georgia or Texas or Indiana, it could be problematic.







Scenes We Love: The Thrill Of It All





Doris Day movies are so deliciously retro. Something about those soundstage apartments, snappy hats, and bubbly optimism just sucks me in. Life with twin beds seems bearable if you have James Garner and a housekeeper, you know?

The Thrill Of It All has always been one of my favorites. It's amazingly sexist, with a lot of talk about motherhood being the only thing a woman should really aspire to. Garner's Dr. Boyer is shockingly resentful of his wife's newfound success -- she's not home when he wants her to be, he's angry that she makes more money than he does, and he's jealous of her fans. You can watch it and be relieved at how much has changed between the sexes ... and be frightened at how many of those 1963 attitudes still linger.

But my favorite part of this film is its cynical commentary on marketing and entertainment. I laugh every time I see the scene below, and the longer I spend in the world of blogging, movie making, and viral marketing, the truer it becomes:






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You Know You've Made It As an Indie Filmmaker When . . .


It's no overstatement to say that one of the most anticipated movies of this year's SXSW Film Conference is Joe Swanberg's latest work, Alexander the Last. One of SXSW's more prolific veteran directors, Swanberg has built his status at the festival up to the point where a new piece from him is an event - even more so with Alexander, the centerpiece of IFC's controversial new SXSW partnership. IFC Films has been the distributor for Swanberg's last few pictures and has done much of the legwork to build his popularity throughout the indie community.

But it wasn't until last Friday night when I was attending an authentic fried chicken restaurant in New York City's Korea Town that I realized just how far Swanberg's popularity had stretched into the outside world. While using the rest room, I happened to spot a piece of graffiti on the wall above the urinal. See photo.



Yes, Joe, the implication is negative. But, like they always say, "If they hate you then you must be doing something right."

During the Q&A at the premiere of "Goodbye Solo" at MoMA last week, director Ramin Bahrani amiably joked about putting bootlegged DVDs in all of his movies to project his dream of one day seeing his work on one of those makeshift stands. "That's how I would know that I made it as a director." Somehow, I think this might be better.

Thanks to Dusty Smith for the photo.

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Exclusive Clip from 'Bart Got A Room'




Cinematical has just received this exclusive clip from Bart Got A Room, featuring William H. Macy (complete with awesome Jewfro) and newcomer Steven J. Kaplan. One of my favorite films from last year's Tribeca Film Festival, Bart Got A Room follows one skinny, nerd-ish dude on his quest to find a prom date and secure a hotel room for himself and said prom date, all while navigating his way around two embarrassing parents (played by Macy and Cheryl Hines) and a host of potential female lovers.

Back when I reviewed Bart Got A Room, I called it "a contemporary version of Brighton Beach Memoirs if it featured an only child and was set in South Florida." The film itself is pretty damn funny, and Macy steals the show as a sex-starved divorced dad who has no problem sharing his thoughts with whoever may be in the room. Check him out in the scene below, and make sure you catch a screening of Bart Got A Room when it hits theaters on April 3.

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Ira Glass Brings a Musical Joss Whedon to the Big Screen


Ira Glass, the host of Chicago Public Radio's critically-acclaimed This American Life, will be bringing a special live simulcast performance of his radio show to 400 movie screens on April 23rd. While the very idea of buying a ticket to watch a talk-heavy radio program -- in a movie theater no less -- sounds a little goofy, Glass's lineup for the show is intriguing.

The show, which will originate from NYU's Skirball Center for the Performing Arts, will follow the program's basic format, with Glass and his guests sharing stories that are connected by a central theme -- in this case, "Return to the Scene of the Crime." Glass previously presented a simulcast in 2008, about which he says, "The live cinema transmission was surprisingly effective. We were flooded with emails asking for us to do it again." And so they shall.

Along with show regulars Dan Savage, Starlee Kine, Mike Birbiglia, David Rakoff and Dave Hill, there'll be a "special musical performance" by ... I'm not making this up ... Joss Whedon. Glass admitted in a 2003 interview that he's a fan of Buffy the Vampire Slayer, so he's obviously using his public-radio clout to hang out with the King of the Fanboys. Who can blame him? If I was Ira Glass, I'd spend all of my time figuring out how to get face time with Elvis Costello and Sawyer from Lost ... which is one reason why I'll never be on public radio.

Kicking up the geek quotient, the evening will also present an animation by Chris Ware ("Jimmy Corrigan, the Smartest Kid on Earth.") Tickets for the live event sold out in just two days, but if you want to watch it in "real time" in a movie theater, you can buy tickets at participating theater box offices or online at www.FathomEvents.com. A complete list of theater locations can be found here.

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How Sick of 'Watchmen' Are You?


We always try to keep an even balance here at Cinematical, but a couple of times each year, a buzz-laden flick comes along and we feel compelled to keep up with all the coverage. Now, our traffic numbers indicate that lots of you love the Watchmen news, reviews, and dangling blues, but even for a guy who LOVES big-time event movies and the excitement that comes with 'em, I'm getting a little burnt out on the Watchmen thing. That's not a knock on the film, which I saw once, liked a whole lot, and look forward to seeing again in a few months, but like a wise man once said "The best way to hate something is to love it too much."

Nah, just kidding. I just made that up on the spot. (You can see a lot more pith of this ilk in my Twitter cubicle!)

But since Cinematical tries to be an "all-movies" outlet, and not a complete superhero geek-fest (don't tell Rappe), I'd like to poll the populace and ask one simple question. (Oh, fair warning: We do have two or three more Watchmen pieces to publish, but we promise they're good.) Also, start warming up your buzzometers for the next biggie. I guess it'd be ... Monsters vs. Aliens? Fast & Furious? Not quite. Ah yes: Wolverine. See you then!

View Poll

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B-Side's Awesome 'Festival Genius' -- For the Anal-Retentive Movie Geek


OK, even if you're not going to the SXSW Film Festival this year, you'll have to admit this is pretty darn cool. Looks like the fellows over at B-Side.com decided to upgrade their already excellent fest-scheduling abilities, and the result is a new friend called Festival Genius. Basically, you go through and click on the movies you want to see, and then a bunch of magical fairies sprinkle pixie dust into your modem and BANG, you get a complete layout of what you're seeing and when AND it shows you all your potential conflicts and then ... fixes 'em! I don't know what kind of Satanic powers are at work here, but if they prevent me from missing a screening of a gory Irish horror movie, then i say Woo, Satan.

After the jump you'll find a handy little video guide that will (ummm) guide you through the finer points of this NASA-esque technology. And while there's certainly nothing wrong with the schedule on the SXSW website, there's just something so appealing about B-Side's geeky little gizmos. If you're unable to hit Austin next week, you can rest comfortably knowing that B-Side does their scheduling thing for a LOT of other festivals. Now all you have to do is actually go to a film festival, and all will be right in the world.

Click here
to meet the Festival Genius -- or continue post-jump for the video introduction. (Even with all this convenient technology, I'll still be late for that gory Irish horror flick. Someone hold me a seat please.)

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Joe Lieberman: Never Mind


Joe Lieberman, during the presidential campaign:

In my opinion, the choice could not be more clear ... Between one candidate, John McCain, who has always put the country first, worked across party lines to get things done, and one candidate who has not.

Joe Lieberman today:

Lieberman said he never meant to suggest that Obama did not put his country first. Lieberman said his words were "too subject" to that interpretation and that he wishes he had spoken more clearly.

I think he was pretty clear.







MN-Sen: Coleman is toast: only 80 valid registrations found


(From the diaries -- huge news from Minnesota -- kos)

A very significant new development in the Coleman election contest, and winerev's daily diary has already slipped into oblivion.

Whatever fantasy Norm had of making hay from the roughly 1500 rejected absentee ballots in pile 3a (rejected for no registration) is up in smoke. The Sec. of State has announced that only 80 of these inner envelopes contained the necessary valid registration card. Of these 80, 59 are from counties carried by Coleman, and 21 from counties carried by Franken. But you don't have to be a math major to realize that when the election as a whole has 15% for the independent guy, and the remainder splits reasonably between Norm and Al, a mere 80 new ballots are gonna split pretty close and at the most net a mere handful (that's less than ten) for Franken or Coleman.

Most of Normie's "universe of potential ballots" that initially numbered some 11,000 has suffered from a swim in the chilly ocean of reality, resulting in what George Costanza might call "shrinkage." This process can be followed by reading Franken's motion for dismissal of Coleman's contest, currently "under advisement" by the ECC. Coleman has provided almost no evidence; his case is largely being argued daily in the hall, where Bu-Shelection lackey Ginsberg attempts to win in the Court of Lazy Reporters. The estimate had been that perhaps 700 valid ballots might be found in this search of pile 3A absentee ballots.

I think the math now says that Norm's universe of contested ballots is now too small to overcome the lead of (Senator) Al Franken. At present, the lead is officially 225 but unofficially 246 or even 255 votes (the latter including the first batch of Charles Nauen's clients), and may go higher when the ECC rules on the petitions of a few more individuals (Charles Nauen's 19 additional clients). The only possibility for Coleman to reverse his shrinkage is the Viagra of the "uncounting" of some 946 ballots which were stipulated under "Rule 9" by both parties some time ago. Unfortunately for Norm, undoing stipulations is not a likely place for a court to go.

I would not be surprised if the ECC schedules a formal hearing on Franken's motion to dismiss.







Note To Lindsey Graham: He Lost


Lindsey Graham, from his appearance yesterday on Meet The Press, discussing earmark reform:

I think it would be good for the country if the president and Senator McCain could meet, soon, sooner rather than later, and come up with a package.

Pssst, Lindsey ... he lost. John McCain is not the co-president, nor is he some kind of Senator-Plus. Stop pretending he's owed some sort of role in the Obama administration.







Cantor: Stem cell order is a "distraction"


Ah, Republicans. They're all heart:

Embryonic stem cell reversal is distraction, congressman says

WASHINGTON (CNN) -- A top congressional Republican on Sunday criticized President Barack Obama's expected decision to reverse the Bush administration's limits on embryonic stem-cell research, calling it a distraction from the country's economic slump.

"Why are we going and distracting ourselves from the economy? This is job No. 1. Let's focus on what needs to be done," Rep. Eric Cantor, the Republican whip in the House of Representatives, told CNN's "State of the Union."

What's pathetic is, he's not even pretending there's a moral objection any more. It's just knee-jerk contradiction for the hell of it at this point. And I'm pretty sure the millions of families affected by diseases that can be tackled through this research would beg to differ with Cantor on the definition of "distraction."