[EL] McComish (and let's stop calling it that) Decided

[Youn, Monica]

CJ Roberts mentioned at oral argument that he had "checked the Citizens' Clean Elections Commission website this morning, and it says that this act was passed to, quote, "level the playing field" when it comes to running for office. Why isn't that clear evidence that it's unconstitutional?""  
The "level the playing field" language doesn't appear on the front page or on any of the substantive pages of the CCEC website, and I don't believe this website link was provided in any of the briefs by parties or amici. There's something unseemly about the Chief Justice of the Supreme Court conducting his own independent factual investigation digging for "gotcha" language.  This is especially true given that the language at issue isn't evidence of discrimination, but instead simply expresses an aspiration toward *shock! horror!* equality.

________________________________________
From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen [rhasen at law.uci.edu]
Sent: Monday, June 27, 2011 10:52 AM
To: law-election at uci.edu
Subject: Re: [EL] McComish (and let's stop calling it that) Decided

Ouch!<http://electionlawblog.org/?p=19693>
Posted on June 27, 2011<http://electionlawblog.org/?p=19693> by Rick Hasen<http://electionlawblog.org/?author=3>

A fn. in CJ Roberts’ opinion: “Prior to oral argument in this case, the Citizens Clean Elections Commission’s Web site stated that “ ‘The Citizens Clean Elections Act was passed by the people of Arizona in 1998 to level the playing field when it comes to running for office.’ ” AFEC Brief 10, n. 3 (quoting http://www.azcleanelections.gov/about-us/get-involved.aspx); Tr. of OralArg. 48. The Web site now says that “The Citizens Clean Elections Actwas passed by the people of Arizona in 1998 to restore citizen participa-tion and confidence in our political system.”

[cid:part1.02040704.01020303 at law.uci.edu]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19693&title=Ouch%21&description=Posted%20on%20June%2027%2C%202011%20by%20Rick%20Hasen%0D%0A%0D%0AA%20fn.%20in%20CJ%20Roberts%E2%80%99%20opinion%3A%20%E2%80%9CPrior%20to%20oral%20argument%20in%20this%20case%2C%20the%20Citizens%20Clean%20Elections%20Commission%E2%80%99s%20Web%20site%20stated%20that%20%E2%80%9C%20%E2%80%98The%20Citizens%20Clean%20Elections%20Act%20was%20passed%20by%20the%20people%20of%20Arizona%20in%201998%20to%20level%20the%20playing%20field%20when%20it%20comes%20to%20running%20for%20office.%E2%80%99%20%E2%80%9D%20AFEC%20Brief%2010%2C%20n.%203%20%28quoting%20http%3A%2F%2Fwww.azcleanelections.gov%2Fabout-us%2Fget-involved.aspx%29%3B%20Tr.%20of%20OralArg.%2048.%20The%20Web%20site%20now%20says%20that%20%E2%80%9CThe%20Citizens%20Clean%20Elections%20Actwas%20passed%20by%20the%20people%20of%20Arizona%20in%201998%20to%20restore%20citizen%20participa-tion%20and%20confidence%
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20in%20our%20political%20system.%E2%80%9D%0D%0AShare%0D%0APosted%20in%20campaign%20finance%09%7C%20Comments%20Of>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Of

On 6/27/2011 7:37 AM, Rick Hasen wrote:
Arizona Free Enterprise Club’s Freedom PAC v. Bennett (McComish) Decided<http://electionlawblog.org/?p=19690>
Posted on June 27, 2011<http://electionlawblog.org/?p=19690> by Rick Hasen<http://electionlawblog.org/?author=3>

The opinion is here<http://www.supremecourt.gov/opinions/10pdf/10-238.pdf>. It is 5-4, as expected, striking down the matching funds provision.

More to come after I’ve read and analyzed the 68 pages.

[cid:part2.00030604.07050202 at law.uci.edu]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19690&title=Arizona%20Free%20Enterprise%20Club%E2%80%99s%20Freedom%20PAC%20v.%20Bennett%20%28McComish%29%20Decided&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
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Rick Hasen
Visiting Professor
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

William H. Hannon Distinguished Professor of Law
Loyola Law School
http://electionlawblog.org

--
Rick Hasen
Visiting Professor
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

William H. Hannon Distinguished Professor of Law
Loyola Law School
http://electionlawblog.org