[EL] McComish (and let's stop calling it that) Decided
Bill Maurer
wmaurer at ij.org
Mon Jun 27 11:26:06 PDT 2011
Cute. Not the slightest bit reflective of the way the system actually worked, but cute nonetheless.
Because trigger matching funds were capped at two times the initial grant, the very wealthy could spend beyond the cap and not have the government level their speech after that. Instead, the burden in the case fell most heavily on those political speakers with little money, who were either too small or not rich enough to spend beyond the cap, such as my clients. So, the law mostly "leveled" the speech of middle-class candidates and small independent groups, while leaving the speech of wealthy and large groups like the NRA, the Sierra Club, or the SEIU far less affected.
Regards,
Bill
On Jun 27, 2011, at 2:11 PM, "Jamin Raskin" <raskin at wcl.american.edu> wrote:
> 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> 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&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> | 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
>>>>> --
>>>>> 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
>>>>> _______________________________________________
>>>>> Law-election mailing list
>>>>> Law-election at department-lists.uci.edu
>>>>> http://department-lists.uci.edu/mailman/listinfo/law-election
>>>>
>>> _______________________________________________
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>> _______________________________________________
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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
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election
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