[EL] Michigan
JBoppjr at aol.com
JBoppjr at aol.com
Tue Jul 5 10:02:02 PDT 2011
Before you get too excited, Rick, I do think that the judicial philosophy
most associated with Democratic judges justifies judicial activism,
resulting in more of it from Democrat judges and more partisan decisions by them.
The idea of a living constitution -- that there is little practical
meaning is constitutions, and statutes, and that their meaning should changed
based on changing circumstances, more enlightened understandings, etc --
liberates judges from the restrains of the text of the constitution and
allows them nearly free reign to impose their own views of the social good.
Since they also are often, though not always, Democrats, this lends itself to
partisan decisions favoring Democrats. See Florida Supreme Court in Bush
v. Gore, NJ Supreme Court in Torricelli Senate resignation. If one is
restrained by the text and intent of constitutions and statutes, then a judge is
just not free to impose his or her own will. Most Republican judges do
see themselves so constrained and thus are less prone to partisan decisions.
Of course there are plenty of exception, most recently the unanimous
decision of the Indiana Recount Commission in the Secretary of State Charlie
White case, but the Democrat Commissioner's concurrence revealed a
conservative judicial philosophy, not of the "living constitution" variety Jim
Bopp
In a message dated 7/5/2011 12:29:22 P.M. Eastern Daylight Time,
rhasen at law.uci.edu writes:
They were serious questions, Jim. I am very happy to hear your response.
On 7/5/2011 9:26 AM, _JBoppjr at aol.com_ (mailto:JBoppjr at aol.com) wrote:
Surely these were not serious questions, Rick, but just in case they are,
of course not.
But my point was that the first step in determining whether a judge is
doing so is to look at the merit of the argument, not the changes in the
court. All you commented on was the change in the court and I, appropriately in
my view, looked first to the merits of the argument. I do think, in this
case, that the original result was so obviously wrong that it is an example
of Democrat partisan judicial decisionmaking. Jim Bopp
In a message dated 7/5/2011 11:09:06 A.M. Eastern Daylight Time,
_rhasen at law.uci.edu_ (mailto:rhasen at law.uci.edu) writes:
Jim,
Do you believe only Democrats elected as judges engage in partisan
judging? Do you believe Democrats elected as judges always engage in partisan
judging?
I can tell you my answers are no and no. Let's see if there is something
we can agree upon.
Rick
On 7/5/2011 6:20 AM, _JBoppjr at aol.com_ (mailto:JBoppjr at aol.com) wrote:
In the following post, Rick focuses on the reversal of the Michigan
Supreme Court and the intervening election. If one focuses on the merits of the
claim, there is no doubt that, in the second opinion, the Michigan Supreme
Court got it right. So this is another example of the benefits of judicial
elections, correcting judicial activism and Democrat-partisan judging. Jim
Bopp
_What a Difference (a Supreme Court) Election Makes: Michigan Edition_
(http://electionlawblog.org/?p=20019)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20019) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
_AP_
(http://www.chicagotribune.com/news/local/chi-ap-mi-michiganteachers-,0,5020198.story) : “Public school districts cannot help unions by deducting
political contributions from the paychecks of teachers, the Michigan
Supreme Court said Thursday as conservatives reversed a six-month-old ruling by
liberal justices….The Supreme Court issued a completely different opinion
in late December, just before Democrats lost their 4-3 majority. Republicans
agreed to reconsider the case when they took control of the court.’”
Instead of preserving precedent, this newly comprised majority reverses this
court’s previously issued opinion and issues its own opinion for no reason
other than that it disagrees with the outcome of the prior opinion,’ said
Justice Diane Hathaway in a dissent.”
You can read the opinion _here_
(http://courts.michigan.gov/supremecourt/Clerk/10-11-Term-Opinions/137451-6-30-11.pdf) . From footnote 1 of the
majority opinion: “The Chief Justice casts his vote in this case as justices have
traditionally done, in accordance with their original vote in the
underlying case, and our new justices, Justices MARY BETH KELLY and ZAHRA, also
cast their vote as new justices have traditionally done, in accordance with
their best understanding of the law. See, e.g., USF&G, in which Justice
HATHAWAY herself cast a vote in this manner, and Duncan v Michigan, 488 Mich 957
(2010) (DAVIS, J., concurring), in which the fourth justice in support of
the former majority opinion in this case also cast his vote in this manner.
Justice HATHAWAY would apparently require the majority justices in this
case to abide by an entirely different set of legal rules.”
In a message dated 7/5/2011 1:26:53 A.M. Eastern Daylight Time,
_rhasen at law.uci.edu_ (mailto:rhasen at law.uci.edu) writes:
_“New breed of ‘super PACs,’ other independent groups could define 2012
campaign”_ (http://electionlawblog.org/?p=20047)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20047) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
Don’t miss t_his WaPo report_
(http://www.washingtonpost.com/politics/new-breed-of-super-pacs-other-independent-groups-could-define-2012-campaign/2011/0
6/29/gHQAo47FyH_story.html?hpid=z2) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20047&title=“New%20breed%20of%20‘super%20PACs,’
%20other%20independent%20groups%20could%20define%202012%20campaign”&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) |
Comments Off
_Two on Campaign Finance from the LA Times_
(http://electionlawblog.org/?p=20045)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20045) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
One on _Colbert_
(http://articles.latimes.com/2011/jul/01/nation/la-na-colbert-fec-20110701) and one on _Majority PAC_
(http://articles.latimes.com/2011/jun/30/news/la-pn-fec-superpacs-20110630) . For more on the Majority
PAC, see NYT’s “_The Caucus_
(http://thecaucus.blogs.nytimes.com/2011/06/30/federal-officials-cant-raise-unlimited-funds-f-e-c-says/) .” NPR also offers
_There’s Nothing Funny About Colbert’s Super-PAC._
(http://www.npr.org/2011/06/30/137527309/theres-nothing-funny-about-colberts-superpac)
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20045&title=Two%20on%20Campaign%20Finance%20from%20the%20LA%20Times&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) |
Comments Off
_“New Head Of Rockland Independence Party Indicted On Perjury Charges”_
(http://electionlawblog.org/?p=20042)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20042) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
_The case_
(http://newcity.patch.com/articles/new-head-of-rockland-independence-party-indicted-on-perjury-charges) arose out of a lawsuit concerning
election petition signatures.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20042&title=“
New%20Head%20Of%20Rockland%20Independence%20Party%20Indicted%20On%20Perjury%20Charges”&description=)
Posted in _chicanery_ (http://electionlawblog.org/?cat=12) | Comments Off
_More Jim Sleeper on the Brooklyn Grand Jury Report and Voter Fraud_
(http://electionlawblog.org/?p=20039)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20039) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
Following up on_ these_ (http://electionlawblog.org/?p=19560) _posts_
(http://electionlawblog.org/?p=19584) , read this new _Jim Sleeper_
(http://www.jimsleeper.com/?page_id=212) post: “Where serious journalism begins. I
was tickled recently to notice that _election law expert Rick Hasen,_
(http://electionlawblog.org/?p=19584) tracking Brooklyn voter fraud cases from the
1970s and ’80s, resurrected my reporting on it from that time, in the
Village Voice. Rick was able to do it thanks to my preserving those stories in
pdfs right here, in my “Scoops and Revelations” section. _As I explain
briefly in the introduction to that section_
(http://www.jimsleeper.com/wp-content/uploads/2010/03/scoops-and-other-revelations.pdf) , I was able to break
this important case and to embolden the wronged party to take it to court,
because I’d been immersed in the community long enough, as a journalist,
to have the context and the contacts necessary to catch sleights of hand at
the Board of Elections that otherwise wouldn’t have been caught, let alone
written about. This was my own introduction to journalism’s
indispensability to a healthy public sphere. I say a bit more about this _right here._
(http://www.jimsleeper.com/wp-content/uploads/2010/03/scoops-and-other-revelati
ons.pdf)
Here’s _more _
(http://www.jimsleeper.com/wp-content/uploads/2010/03/scoops-and-other-revelations.pdf) from Sleeper on the topic, below the fold,
showing how little of this scandal involved voter impersonation fraud.
_Continue reading →_ (http://electionlawblog.org/?p=20039)
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20039&title=More%20Jim%20Sleeper%20on%20the%20Brooklyn%20Grand%20Jury%20Report%20
and%20Voter%20Fraud&description=)
Posted in _election administration_ (http://electionlawblog.org/?cat=18) ,
_fraudulent fraud squad_ (http://electionlawblog.org/?cat=8) , _voter id_
(http://electionlawblog.org/?cat=9) | Comments Off
_“Redistricting and Polarization: Who Draws the Lines in California?”_
(http://electionlawblog.org/?p=20037)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20037) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
Corbett Grainger has written _this article_
(http://www.jstor.org/pss/10.1086/605724) for the Journal of Law and Economics.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20037&title=“
Redistricting%20and%20Polarization:%20Who%20Draws%20the%20Lines%20in%20California?”&description=)
Posted in _redistricting_ (http://electionlawblog.org/?cat=6) | Comments
Off
_“Republican Super-PAC Gets FEC Go-Ahead”_
(http://electionlawblog.org/?p=20034)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20034) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
The Washington Times _reports_
(http://www.washingtontimes.com/news/2011/jun/30/republican-super-pac-gets-fec-go-ahead/?page=all#pagebreak) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20034&title=“Republican%20Super-PAC%20Gets%20FEC%20Go-Ahead”&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) |
Comments Off
_“North Carolina GOP targets four Democrats in redistricting proposal”_
(http://electionlawblog.org/?p=20032)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20032) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
The Fix _reports_
(http://www.washingtonpost.com/blogs/the-fix/post/north-carolina-gop-targets-four-democrats-in-redistricting-proposal/2011/07/01/AGWfY
0tH_blog.html) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20032&title=“
North%20Carolina%20GOP%20targets%20four%20Democrats%20in%20redistricting%20proposal”&description=)
Posted in _redistricting_ (http://electionlawblog.org/?cat=6) | Comments
Off
_“From Registration to Recounts Revisited: Developments in the Election
Ecosystems of Five Midwestern States Released!”_
(http://electionlawblog.org/?p=20030)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20030) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
_EL at M_ (http://moritzlaw.osu.edu/electionlaw/analysis/index.php?ID=8449) : “
We invite you to read _From Registration to Recounts Revisited:
Developments in the Election Ecosystems of Five Midwestern States_
(http://moritzlaw.osu.edu/electionlaw/projects/registration-to-recounts/2011edition.pdf) , a
retrospective review primarily of the 2008 elections in five key Midwestern
states – Illinois, Michigan, Minnesota, Ohio, and Wisconsin. This study is
a sequel to _From Registration to Recounts_
(http://moritzlaw.osu.edu/electionlaw/projects/registration-to-recounts/index.php) , the widely-acclaimed
comprehensive study of the election systems of these states, in which the
authors set out to study how five key Midwestern states had responded to the
Help America Vote Act of 2002, and to the increased attention that matters
of election administration had received in the wake of the 2000 disputed
presidential election. This retrospective study, like the original, makes
clear that election reform remains an uncompleted task more than two full
presidential election cycles after Bush v. Gore.”
Timely and important.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20030&title=“
From%20Registration%20to%20Recounts%20Revisited:%20Developments%20in%20the%20Election%20Ecosystems%20of%20Five%20Midwestern%20States%20Released!
”&description=)
Posted in _election administration_ (http://electionlawblog.org/?cat=18)
| Comments Off
_“Speech is Free Only to Those Who Can Afford It”_
(http://electionlawblog.org/?p=20027)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20027) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
Frank Askin has written _this commentary_
(http://blog.nj.com/njv_guest_blog/2011/07/speech_is_free_only_to_those_w.html) on the Arizona Free
Enterprise case for the Newark Star-Ledger.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20027&title=“Speech%20is%20Free%20Only%20to%20Those%20Who%20Can%20Afford%20It”
&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) |
Comments Off
_“Stephen Colbert, Karl Rove and the mockery of campaign finance”_
(http://electionlawblog.org/?p=20024)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20024) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
Dana Milbank has written_ this column_
(http://www.washingtonpost.com/opinions/stephen-colbert-cant-compete-with-karl-rove/2011/06/30/AGnrkksH_story.htm
l) for the Washington Post.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20024&title=“
Stephen%20Colbert,%20Karl%20Rove%20and%20the%20mockery%20of%20campaign%20finance”&description=)
Posted in _Uncategorized_ (http://electionlawblog.org/?cat=1) | Comments
Off
_What a Difference (a Supreme Court) Election Makes: Michigan Edition_
(http://electionlawblog.org/?p=20019)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20019) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
_AP_
(http://www.chicagotribune.com/news/local/chi-ap-mi-michiganteachers-,0,5020198.story) : “Public school districts cannot help unions by deducting
political contributions from the paychecks of teachers, the Michigan
Supreme Court said Thursday as conservatives reversed a six-month-old ruling by
liberal justices….The Supreme Court issued a completely different opinion
in late December, just before Democrats lost their 4-3 majority. Republicans
agreed to reconsider the case when they took control of the court.’”
Instead of preserving precedent, this newly comprised majority reverses this
court’s previously issued opinion and issues its own opinion for no reason
other than that it disagrees with the outcome of the prior opinion,’ said
Justice Diane Hathaway in a dissent.”
You can read the opinion _here_
(http://courts.michigan.gov/supremecourt/Clerk/10-11-Term-Opinions/137451-6-30-11.pdf) . From footnote 1 of the
majority opinion: “The Chief Justice casts his vote in this case as justices
have traditionally done, in accordance with their original vote in the
underlying case, and our new justices, Justices MARY BETH KELLY and ZAHRA, also
cast their vote as new justices have traditionally done, in accordance with
their best understanding of the law. See, e.g., USF&G, in which Justice
HATHAWAY herself cast a vote in this manner, and Duncan v Michigan, 488 Mich
957 (2010) (DAVIS, J., concurring), in which the fourth justice in support of
the former majority opinion in this case also cast his vote in this
manner. Justice HATHAWAY would apparently require the majority justices in this
case to abide by an entirely different set of legal rules.”
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20019&title=What%20a%20Difference%20(a%20Supreme%20Court)%20Election%20Makes:%20M
ichigan%20Edition&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) ,
_judicial elections_ (http://electionlawblog.org/?cat=19) | Comments Off
_“South Carolina Republicans struggle to draw new GOP seat”_
(http://electionlawblog.org/?p=20014)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20014) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
The Fix _reports_
(http://www.washingtonpost.com/blogs/the-fix/post/south-carolina-republicans-struggle-to-draw-new-gop-seat/2011/06/30/AGK10VsH_blog.ht
ml) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20014&title=“
South%20Carolina%20Republicans%20struggle%20to%20draw%20new%20GOP%20seat”&description=)
Posted in _redistricting_ (http://electionlawblog.org/?cat=6) | Comments
Off
_“Director’s Note: Several hundred words from a grateful election geek”_
(http://electionlawblog.org/?p=20012)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20012) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
Doug Chapin’s final _Electionline Weekly_
(http://electionline.pmailus.com/pmailweb/ct?d=RakA3QJqAAEAAAMYAAUyEA) “Director’s Note.”
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20012&title=“Director’
s%20Note:%20Several%20hundred%20words%20from%20a%20grateful%20election%20geek”&description=)
Posted in _Uncategorized_ (http://electionlawblog.org/?cat=1) | Comments
Off
_Christopher Malone Reviews Ansolabehere and Snyder’s “The End of
Inequality”_ (http://electionlawblog.org/?p=20010)
Posted on _July 4, 2011_ (http://electionlawblog.org/?p=20010) by _Rick
Hasen_ (http://electionlawblog.org/?author=3)
_Here_
(http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/ansolabehere-snyder0611.htm) , at the Law and Politics Book Review.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=20010&title=Christopher%20Malone%20Reviews%20Ansolabehere%20and%20Snyder’s%20“
The%20End%20of%20Inequality”&description=)
Posted in _redistricting_ (http://electionlawblog.org/?cat=6) , _Supreme
Court_ (http://electionlawblog.org/?cat=29) | Comments Off
--
Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
_rhasen at law.uci.edu_ (mailto:rhasen at law.uci.edu)
_http://law.uci.edu/faculty/page1_r_hasen.html_
(http://law.uci.edu/faculty/page1_r_hasen.html)
_http://electionlawblog.org_ (http://electionlawblog.org/)
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--
Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
_rhasen at law.uci.edu_ (mailto:rhasen at law.uci.edu)
_http://law.uci.edu/faculty/page1_r_hasen.html_
(http://law.uci.edu/faculty/page1_r_hasen.html)
_http://electionlawblog.org_ (http://electionlawblog.org/)
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