[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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