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

Mon Jun 27 11:08:20 PDT 2011

Why don't we just call it Richie Rich?

________________________________

From: law-election-bounces at department-lists.uci.edu <law-election-bounces at department-lists.uci.edu> 
To: Allison Hayward <allisonhayward at gmail.com> 
Cc: Youn, Monica <YounM at exchange.law.nyu.edu>; law-election at uci.edu <law-election at uci.edu> 
Sent: Mon Jun 27 12:44:14 2011
Subject: Re: [EL] McComish (and let's stop calling it that) Decided 

A law student who has written a note on this suggests "Arizona Enterprise Club."

On 6/27/2011 8:43 AM, Allison Hayward wrote: 

	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> <mailto: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> <mailto: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> <http://electionlawblog.org/?p=19693> 
				Posted on June 27, 2011<http://electionlawblog.org/?p=19693> <http://electionlawblog.org/?p=19693>  by Rick Hasen<http://electionlawblog.org/?author=3> <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%2Fab
				out-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%
				%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> <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> <http://electionlawblog.org/?p=19690> 
				Posted on June 27, 2011<http://electionlawblog.org/?p=19690> <http://electionlawblog.org/?p=19690>  by Rick Hasen<http://electionlawblog.org/?author=3> <http://electionlawblog.org/?author=3> 

				The opinion is here<http://www.supremecourt.gov/opinions/10pdf/10-238.pdf> <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=> <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> <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> <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> <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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-- 
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
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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