[EL] McComish (and let's stop calling it that) Decided
JBoppjr at aol.com
JBoppjr at aol.com
Mon Jun 27 09:29:07 PDT 2011
Why not Bennett? Jim
In a message dated 6/27/2011 11:44:44 A.M. Eastern Daylight Time,
allisonhayward at gmail.com writes:
Yes - what to call Not McComish.
The full name of the party is a little unwieldy.
I will call it AFEFCPAC. Pronounced thusly: ah-FEE-fik-pak.
Now you all know what to do. Or stick to McComish - it's only second on
the caption.
A.
On Jun 27, 2011, at 11:20 AM, Bill Maurer wrote:
> That's okay--I knew you had just made a mistake, especially given all
the hundreds of pages of briefing. Just wanted to correct the record as
quickly as I could.
>
> Thanks,
>
> Bill
>
> Sent from my iPad
>
> On Jun 27, 2011, at 11:15 AM, "Youn, Monica"
<YounM at exchange.law.nyu.edu> wrote:
>
>> My mistake. Congrats, Bill, and please forgive the sour grapes.
>> ________________________________________
>> From: Bill Maurer [wmaurer at ij.org]
>> Sent: Monday, June 27, 2011 11:12 AM
>> To: Youn, Monica
>> Cc: Rick Hasen; law-election at uci.edu
>> Subject: Re: [EL] McComish (and let's stop calling it that) Decided
>>
>> Monica,
>>
>> We cited the CCEC's website and its language in our brief, which the
Chief references in his discussion. I don't think it's "unseemly" for a
court to take notice of a statement discussed in a party's briefs that points
out that their opposing party has made assertions, and continues to make
assertions, that completely contradicts their arguments before the Court.
>>
>> Regards,
>>
>> Bill
>>
>> Sent from my iPad
>>
>> On Jun 27, 2011, at 11:05 AM, "Youn, Monica"
<YounM at exchange.law.nyu.edu> wrote:
>>
>>> 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&desc
ription=Posted%20on%20June%2027%2C%202011%20by%20Rick%20Hasen%0D%0A%0D%0AA%2
0fn.%20in%20CJ%20Roberts%E2%80%99%20opinion%3A%20%E2%80%9CPrior%20to%20oral%
20argument%20in%20this%20case%2C%20the%20Citizens%20Clean%20Elections%20Comm
ission%E2%80%99s%20Web%20site%20stated%20that%20%E2%80%9C%20%E2%80%98The%20C
itizens%20Clean%20Elections%20Act%20was%20passed%20by%20the%20people%20of%20
Arizona%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%2Fg
et-involved.aspx%29%3B%20Tr.%20of%20OralArg.%2048.%20The%20Web%20site%20now%
20says%20that%20%E2%80%9CThe%20Citizens%20Clean%20Elections%20Actwas%20passe
d%20by%20the%20people%20of%20Arizona%20in%201998%20to%20restore%20citizen%20
participa-tion%20and%20confidence%
>>> %20
>>>
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%20Fr
ee%20Enterprise%20Club%E2%80%99s%20Freedom%20PAC%20v.%20Bennett%20%28McComis
h%29%20Decided&description=>
>>> Posted in campaign finance<http://electionlawblog.org/?cat=10> |
Comments Off
>>> --
>>> 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
>>> _______________________________________________
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