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10:40 AM ET, September 12, 2014

memeorandum

 Top Items: 
New York Times:
Legal Authority for Fighting ISIS  —  As the Pentagon gears up to expand its fight against ISIS, a fundamentalist Sunni militant group that controls large areas of Iraq and Syria, Congress appears perfectly willing to abdicate one of its most consequential powers: the authority to declare war.
RELATED:
Bruce Ackerman / New York Times:
Obama's Betrayal of the Constitution  —  BERLIN — PRESIDENT OBAMA's declaration of war against the terrorist group known as the Islamic State in Iraq and Syria marks a decisive break in the American constitutional tradition.  Nothing attempted by his predecessor, George W. Bush, remotely compares in imperial hubris.
Justin Sink / The Hill:
Kerry: ISIS not a ‘war’  —  The United States is not at war with the Islamic State of Iraq and Syria (ISIS or ISIL), Secretary of State John Kerry said Thursday.  —  Kerry said the administration's plan to combat ISIS includes “many different things that one doesn't think of normally in context of war” during an interview with CNN.
Discussion: Lawfare and CNN
Allahpundit / Hot Air:
Question for the State Department: Isn't Obama waging preemptive war in Iraq now?  —  Via the Free Beacon.  I would have phrased the question differently, like, say, “When exactly did President Obama decide that the Bush doctrine is awesome?”  Because he has, you know.  But we needn't quibble over semantics.
Stephen Braun / Associated Press:
Can Obama Wage War Without Consent of Congress?
Discussion: Politico
Rebecca Kaplan / CBS News:
John Kerry: No need for “war fever” in ISIS operations
Discussion: Hit & Run, Firedoglake and Truth Revolt
David E. Sanger / New York Times:
U.S. Pins Hope on Syrian Rebels With Loyalties All Over the Map
Discussion: RedState and The PJ Tatler
Carolyn Kaster / ABC News:
Sarah Palin's Family Allegedly in Alaska House Party Brawl  —  Sarah Palin and her family were at the center of a lively party last weekend that erupted into a fight, with daughter Bristol Palin allegedly throwing a right hook, a man who says he was a guest at the party told ABC News.
RELATED:
Anchorage Daily News:
Witnesses, APD confirm Palin family was present at Anchorage party that turned violent  —  Police are investigating a brawl that took place in South Anchorage over the weekend involving around 20 people.  A witness said it happened during a joint birthday party thrown in part for Todd Palin.
Ron Bell / Yahoo Global Public Policy:
Shedding Light on the Foreign Intelligence Surveillance Court (FISC): Court Findings from Our 2007-2008 Case  —  Today we are pleased to announce the release of more than 1,500 pages of once-secret papers from Yahoo's 2007-2008 challenge to the expansion of U.S. surveillance laws.
RELATED:
Craig Timberg / Washington Post:
U.S. threatened massive fine to force Yahoo to release data
Robyn Dixon / Los Angeles Times:
Oscar Pistorius convicted of negligent killing, could face jail time  —  South African Olympian Oscar Pistorius, who was cleared of murder in the killing of his girlfriend, was convicted Friday on the lesser charge of culpable homicide.  —  Judge Thokozile Masipa accepted the athlete's defense …
Discussion: SBNation.com
RELATED:
Bill Carter / New York Times:
New Comic to Anchor ‘Update’ on ‘S.N.L.’  —  The new season of “Saturday Night Live” will have a significant change in its cast and its most prominent segment, “Weekend Update.”  —  Michael Che, a comic perhaps best known for his role as a correspondent on Comedy Central's “The Daily Show …
NY Daily News:
Obama's uncertain trumpet  —  Again, he halfheartedly leads the nation into battle  —  In his Islamic State speech, President Obama said many of the right things.  Most importantly, he finally got the mission right: degrade and destroy the enemy.  —  This alone will probably get him a bump …
RELATED:
Dan Merica / CNN:
Clinton tops Democrats in Iowa while Huckabee leads Republicans  —  Washington (CNN) — Hillary Clinton is heading to Iowa as the politician that most Democrats would choose as their 2016 presidential nominee.  —  According to a new CNN/ORC poll, 53% of all registered Democrats contacted …
Discussion: Politico
CNN:
Obama's strategy: Kill ISIS before they kill us  —  Obama lays out ISIS strategy … (CNN) — Think that President Barack Obama has done a back flip on Iraq and Syria, gotten that old-time religion and is now a convert to the “let's kill them wherever we find them” approach of his predecessors?
Discussion: Wall Street Journal
Michael T. Osterholm / New York Times:
What We're Afraid to Say About Ebola  —  MINNEAPOLIS — THE Ebola epidemic in West Africa has the potential to alter history as much as any plague has ever done.  —  There have been more than 4,300 cases and 2,300 deaths over the past six months.  Last week, the World Health Organization warned that …
Politico:
Democrats' whopper of a strategy flop  —  President Barack Obama and his Democratic allies hoped to capitalize on the recent wave of companies ditching the U.S. to slice their tax bill as a populist issue to fire up the progressive base and bash Republicans as slaves to corporate interests.
Mike Ward / Houston Chronicle:
Abbott: Davis book tour violates state law  —  AUSTIN — A dispute over Democratic gubernatorial candidate Wendy Davis' book tour intensified Thursday as her Republican opponent, Greg Abbott, accused her in a formal complaint of violating state election laws.
 
 
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 More Items: 
Peter Suderman / Hit & Run:
Watch Each of the Last Four U.S. Presidents Announce That We're Bombing Iraq
Stephen Dinan / Washington Times:
DHS asks stores to watch customers behavior for terrorist signs
Discussion: Techdirt
Richard Wolf / Associated Press:
Voting rights cases may be headed back to Supreme Court
Susan Vass / Weekly Standard:
Westlake Lives!  —  Tasty morsels from the late master's larder
Discussion: Power Line
Karen Tumulty / Washington Post:
Obama losing the confidence of key parts of the coalition that elected him
Discussion: Hot Air and Wall Street Journal
John Eligon / New York Times:
Missouri Enacts 72-Hour Wait for Abortion
Josh Gerstein / Politico:
Court won't release costs of Gitmo camp
Jeff Sessions / National Review:
Don't Give the Masters of the Universe Their Amnesty
 Earlier Items: 
Byron Tau / Politico:
Judge strikes down Ohio law on election lies
Discussion: Mediaite
Jonathan Stempel / Reuters:
U.S. seeks up to 16 months in prison for Dinesh D'Souza
Dylan Scott / Talking Points Memo:
Kansas High Court Rejects Kobach's Request To Transfer Senate Case
Discussion: Election Law Blog