“Gene Mazo survives petition challenge in NJ-10 special election”

New Jersey Globe:

Eugene Mazo, a Rutgers law professor with a penchant for filing for political office in order to test out state election laws, has just barely survived a challenge to his nominating petitions for the special election in New Jersey’s 10th congressional district.

Leslye Moya, the co-executive director of the New Jersey Democratic State Committee, had filed a challenge against many dozen of Mazo’s 243 signatures, claiming that they had a variety of deficiencies. But Administrative Law Judge JoAnn LaSala Candido determined that only 43 of them were invalid, keeping Mazo at 200 acceptable signatures – exactly the threshold required for ballot access.

The attorney representing Moya, Raj Parikh, said at the end of the hearing that he will not officially withdraw his challenge until he speaks with his client.

The judge’s determination means that, at least for now, the Democratic primary field for the late Rep. Donald Payne Jr. (D-Newark)’s congressional seat will remain at 11 candidates. Two of those candidates, former East Orange Councilwoman Brittany Claybrooks and Newark City Council President LaMonica McIver, are also facing petition challenges that have yet to be resolved.

Either McIver or Claybrooks are far more likely to end up prevailing in the July 16 Democratic primary than Mazo, whose runs for office are usually not concerned with actually winning.

Mazo, a scholar of election law, has run for Congress several times before, utilizing unusual or provocative ballot slogans in order to challenge the state’s slogan restrictions. (In 2022, for example, he filed for the 8th congressional district using slogans like “Supported by the Governor” and “Endorsed by the New York Times,” statements that were not true.)

This year, Mazo filed at first with three ballot slogans referencing a variety of famous figures, fictional and real: “Vladimir Putin Is A Murderous Warmonger” in Essex County, “Xi Jinping Will Destroy Taiwan” in Hudson County, and “The James Bond of Newark” in Union County. But those were rejected by the Division of Elections; Putin and Xi, after all, had not granted Mazo their permission to use their names….

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“At Justice Alito’s House, a ‘Stop the Steal’ Symbol on Display”

Jodi Kantor for the NYT:

After the 2020 presidential election, as some Trump supporters falsely claimed that President Biden had stolen the office, many of them displayed a startling symbol outside their homes, on their cars and in online posts: an upside-down American flag.

One of the homes flying an inverted flag during that time was the residence of Supreme Court Justice Samuel A. Alito Jr., in Alexandria, Va., according to photographs and interviews with neighbors.

The upside-down flag was aloft on Jan. 17, 2021, the images showed. President Donald J. Trump’s supporters, including some brandishing the same symbol, had rioted at the Capitol a little over a week before. Mr. Biden’s inauguration was three days away. Alarmed neighbors snapped photographs, some of which were recently obtained by The New York Times. Word of the flag filtered back to the court, people who worked there said in interviews.

While the flag was up, the court was still contending with whether to hear a 2020 election case, with Justice Alito on the losing end of that decision. In coming weeks, the justices will rule on two climactic cases involving the storming of the Capitol on Jan. 6, including whether Mr. Trump has immunity for his actions. Their decisions will shape how accountable he can be held for trying to overturn the last presidential election and his chances for re-election in the upcoming one.

“I had no involvement whatsoever in the flying of the flag,” Justice Alito said in an emailed statement to The Times. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

Judicial experts said in interviews that the flag was a clear violation of ethics rules, which seek to avoid even the appearance of bias, and could sow doubt about Justice Alito’s impartiality in cases related to the election and the Capitol riot….

Interviews show that the justice’s wife, Martha-Ann Alito, had been in a dispute with another family on the block over an anti-Trump sign on their lawn, but given the timing and the starkness of the symbol, neighbors interpreted the inverted flag as a political statement by the couple….

In recent years, the quiet sanctuary of his street, with residents who are registered Republicans and Democrats, has tensed with conflict, neighbors said. Around the 2020 election, a family on the block displayed an anti-Trump sign with an expletive. It apparently offended Mrs. Alito and led to an escalating clash between her and the family, according to interviews….

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SCOTUS Recognizes Congress’ Powers to Govern

The Supreme Court has decided Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd., recognizing Congress has constitutional prerogatives to govern and structure the federal government as it sees fit. The case will no doubt mostly be discussed as an obscure case that put an end to the long conservative attack on the constitutionality of the Consumer Financial Protection Board. But it should also be acknowledged as a pro-democracy case–and those are few and far between these days. This Court is arrogant in its assertion of judicial supremacy, and when it comes to Congress, it routinely minimizes that branch’s constitutional powers. This impacts democracy because as Congress lays mired in gridlock, the administrative state is the main place governance is occurring. This decision upholds Congress’s power to financially insulate administrative agencies from Congress’s dysfunction. To be sure, it is doctrinally limited and will not put a stop to other developments likely to undercut congressional flexibility to structure agencies. Nevertheless, it should be recognized as an important separation of powers decision that appears to acknowledge Congress as a co-equal branch of government.

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