[EL] Truth to power?

Tue Feb 21 10:16:29 PST 2012

"Justice Ginsburg is ready to speak truth to power, I argue in this Slate commentary published on President's Day"

Umm, Justice Ginsburg is a member of the Supreme Court of the United States. She is power. Truth? What truth was there in her little Western Tradition Partnership concurrence? Didn't she just offer an opinion, slandering both donors and candidates, without any facts at all? Traditionally, when we say one is speaking truth to power, we think of one taking a courageous stand that will impose on them real personal costs. What courage is there in sheepishly following conventional wisdom, with no examination of the facts, on campaign finance, to align oneself with the New York Times and the Washington Post and all the organs of power that will sing your accolades? And what would Justice Ginsburg's position do, if adopted? It would increase the power of her employer, the Federal government, and decrease the First Amendment freedoms of American citizens.

If that's called speaking truth to power, give me some lies.

Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault
  Designated Professor of Law
Capital University Law School
303 East Broad Street
Columbus, OH 43215
(614) 236-6317
bsmith at law.capital.edu<mailto:bsmith at law.capital.edu>
http://www.law.capital.edu/faculty/bios/bsmith.asp

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Tuesday, February 21, 2012 11:05 AM
To: law-election at uci.edu
Subject: [EL] ELB News and Commentary 2/21/12

ICYMI: Dems May Exaggerate Voter ID Effects, But Laws Should Still Be Opposed<http://electionlawblog.org/?p=30264>
Posted on February 21, 2012 7:59 am<http://electionlawblog.org/?p=30264> by Rick Hasen<http://electionlawblog.org/?author=3>

Last week, Yale University Press released a sneak preview from my forthcoming book, The Voting Wars<http://amzn.to/y22ZTv>.  The preview is The Fraudulent Fraud Squad: Understanding the Battle Over Voter ID<http://www.amazon.com/Fraudulent-Fraud-Squad-Understanding-ebook/dp/B00795X5XI/ref=zg_bs_157417011_9>.

In connection with the release, I wrote two blog posts:

How many voters actually deterred by new Republican voting laws?<http://electionlawblog.org/?p=29665>

and

Why Tough State Voter ID Laws Should Be Opposed-Even If Effects of Law on Turnout May Be Small and Claims Exaggerated<http://electionlawblog.org/?p=30177>.

Jonathan Adler discussed<http://volokh.com/2012/02/18/for-and-against-voter-id-exaggeration-all-around/> the chapter on Volokh, and there are now 178 comments posted-many of which illustrate the intensity of partisan feeling in The Voting Wars.  Similarly, there are 78 strong comments to Eric Black's MinnPost article <http://www.minnpost.com/eric-black-ink/2012/02/whos-and-against-voter-photo-id-and-why> on my chapter.
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Posted in election administration<http://electionlawblog.org/?cat=18>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9> | Comments Off
ICYMI: Occupy the Super PACs<http://electionlawblog.org/?p=30262>
Posted on February 21, 2012 7:49 am<http://electionlawblog.org/?p=30262> by Rick Hasen<http://electionlawblog.org/?author=3>

Justice Ginsburg is ready to speak truth to power, I argue in this Slate commentary<http://www.slate.com/articles/news_and_politics/politics/2012/02/justice_ruth_bader_ginsburg_is_ready_to_speak_out_on_the_danger_of_super_pacs_.html?wpisrc=slate_river> published on President's Day.
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Voter ID coming to North Carolina?"<http://electionlawblog.org/?p=30260>
Posted on February 21, 2012 7:47 am<http://electionlawblog.org/?p=30260> by Rick Hasen<http://electionlawblog.org/?author=3>

The latest<http://www.southernstudies.org/2012/02/voter-id-coming-to-north-carolina.html> from Facing South.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9> | Comments Off
"WISCONSIN SUED OVER RACIALLY DISCRIMINATORY VOTER LAW"<http://electionlawblog.org/?p=30258>
Posted on February 21, 2012 7:45 am<http://electionlawblog.org/?p=30258> by Rick Hasen<http://electionlawblog.org/?author=3>

The following press release arrived via email:

WISCONSIN SUED OVER RACIALLY DISCRIMINATORY VOTER LAW

FIRST SUIT TO SPECIFICALLY CHARGE RACIAL DISCRIMINATION

 78 PERCENT OF YOUNG BLACK MEN COULD BE BARRED FROM THE POLLS

 Milwaukee, WI -   Advancement Project, joined by the League of Young Voters and the Milwaukee Area Labor Council, will file the first lawsuit based on a claim of racial discrimination against Wisconsin Governor Scott Walker and members of the Government Accountability Board charging that a newly enacted restrictive voter identification law specifically discriminates against African American and Latino voters.

 The lawsuit, to be filed Thursday February 23, challenges Wisconsin Act 23 under Section 2 of the Voting Rights Act, which prohibits the institution of any electoral procedures that deny or abridge the rights of citizens to vote on account of race or color.

 "This law is a part of the largest legislative effort to turn back the clock on voting rights in our nation in over a century and shows how essential the Voting Rights Act is to allow all Americans their right to vote," states Advancement Project co director Judith Browne Dianis, one of the nation's leading civil rights litigators. "If this bill is allowed to stand it will undermine the basic fabric of our nation's democracy."

Studies in Wisconsin have confirmed that racial minorities, especially African American and Latino voters, are far less likely to have a Wisconsin-issued ID, finding that roughly half of the state's African Americans and Latinos lack a valid driver's license.  Specifically, a 2005 study determined that 55% of Black males and 46% of Hispanic males - as compared with only 16% of white males - lack a driver's license.  Among females, 49% of African Americans and 59% of Latinas lacked a driver's license as compared to 17% of Whites.

 When age and race are considered together, the disparities become far more pronounced: an astounding 78% of African-American males (as compared with 36% of White males) aged 18-24 lack a driver's license, and 66% of African-American females (as compared with 25% of White females) aged 18-24 lack a driver's license.  The study also found a disparate impact on Latino voters:  57% of young Latino males age 18-24 lack a driver's license, as compared to 36% of White males age 18-24.

 One of the lead plaintiffs is Bettye Jones, 77, who was born at home in Tennessee and had no birth certificate filed of her birth. She has voted in every election since 1956 and advocated as a civil rights activist for the Voting Rights Act.  Despite being a registered voter, and having a valid and current ID from another state, she will not be allowed to vote. She has tried in vain to get a voter ID and will be disenfranchised in April's primary elections as a result.

 Wisconsin's law, the strictest voter identification law in the nation, requires citizens to present limited forms of current, government-issued photo identification before receiving a ballot.  Commonly held forms of identification like state or federal employee IDs, veterans' cards, most college and university identification cards, and out-of-state or expired driver's licenses are not allowed.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
"Ending secret money in politics"<http://electionlawblog.org/?p=30255>
Posted on February 21, 2012 7:41 am<http://electionlawblog.org/?p=30255> by Rick Hasen<http://electionlawblog.org/?author=3>

A WaPo editorial.<http://www.washingtonpost.com/opinions/ending-secret-money-in-politics/2012/02/16/gIQAOIq5NR_story.html>
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"The Other Side of Inaccuracy: More Than 50 Million Unregistered"<http://electionlawblog.org/?p=30253>
Posted on February 21, 2012 7:40 am<http://electionlawblog.org/?p=30253> by Rick Hasen<http://electionlawblog.org/?author=3>

A ChapinBlog.<http://blog.lib.umn.edu/cspg/peea/2012/02/the_other_side_of_inaccuracy_m.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28Program+for+Excellence+in+Election+Administration%29>
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Posted in election administration<http://electionlawblog.org/?cat=18>, voter registration<http://electionlawblog.org/?cat=37> | Comments Off
"Romney Benefits From Campaign, SuperPAC Funds"<http://electionlawblog.org/?p=30249>
Posted on February 21, 2012 7:33 am<http://electionlawblog.org/?p=30249> by Rick Hasen<http://electionlawblog.org/?author=3>

Peter Overby reports<http://www.npr.org/2012/02/21/147176912/romney-outspends-gop-field-combined-in-january> for NPR.
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Billionaire Sheldon Adelson Says He Might Give $100M To Newt Gingrich Or Other Republican"<http://electionlawblog.org/?p=30247>
Posted on February 21, 2012 7:31 am<http://electionlawblog.org/?p=30247> by Rick Hasen<http://electionlawblog.org/?author=3>

Wow.<http://www.forbes.com/sites/stevenbertoni/2012/02/21/billionaire-sheldon-adelson-says-he-might-give-100m-to-newt-gingrich-or-other-republican/>
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
Santorum Gets a Second Super PAC Angel<http://electionlawblog.org/?p=30244>
Posted on February 20, 2012 8:35 pm<http://electionlawblog.org/?p=30244> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico reports<http://www.politico.com/news/stories/0212/73095.html>.  Thought experiment: what would the Republican campaign look like if we could still enforce the $5,000 individual contribution limit on PACS, if corporate and labor union treasury funds could not go into PACs, and if contributions to 527s remained under a legal cloud?
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Super PACs dominating Republican presidential race"<http://electionlawblog.org/?p=30237>
Posted on February 20, 2012 8:27 pm<http://electionlawblog.org/?p=30237> by Rick Hasen<http://electionlawblog.org/?author=3>

Okay, I'm overusing "must-read" today, but you must read Dan Eggen<http://www.washingtonpost.com/politics/super-pacs-dominating-republican-presidential-race/2012/02/20/gIQANOaGQR_story.html>: "Super PACs and other groups dominated the race for the Republican presidential nomination last month, raising and spending tens of millions of dollars outside the traditional campaign system and playing a key role in extending an already tumultuous contest, according to new disclosures filed Monday."

And more Eggen<http://www.washingtonpost.com/blogs/election-2012/post/2012/02/20/gIQAGxoJQR_blog.html>:"Now we know why some Obama supporters may have been so panicked: Priorities USA Action, the main pro-Obama super PAC, raised just $58,815.83 in January, according to a report filed late Monday <http://query.nictusa.com/cgi-bin/dcdev/forms/C00495861/767177/> with the Federal Election Commission."

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"Financial disclosures show power of super PACs"<http://electionlawblog.org/?p=30235>
Posted on February 20, 2012 8:25 pm<http://electionlawblog.org/?p=30235> by Rick Hasen<http://electionlawblog.org/?author=3>

Great USA Today piece <http://www.usatoday.com/news/politics/story/2012-02-20/filings-presidential-race-money/53180872/1> by Fredreka Schouten.  Clearly, the campaign finance beat reporters did not take President's Day off.
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Conservatives push a 'legal assault' on the Voting Rights Act"<http://electionlawblog.org/?p=30232>
Posted on February 20, 2012 8:22 pm<http://electionlawblog.org/?p=30232> by Rick Hasen<http://electionlawblog.org/?author=3>

This item <http://www.dailykos.com/story/2012/02/20/1063208/-Conservatives-push-a-legal-assault-on-the-Voting-Rights-nbsp-Act-> appears at Daily Kos.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
"Study: Negative campaign ads much more frequent, vicious than in primaries past"<http://electionlawblog.org/?p=30229>
Posted on February 20, 2012 8:18 pm<http://electionlawblog.org/?p=30229> by Rick Hasen<http://electionlawblog.org/?author=3>

Must read Farnam analysis<http://www.washingtonpost.com/politics/study-negative-campaign-ads-much-more-frequent-vicious-than-in-primaries-past/2012/02/14/gIQAR7ifPR_story.html> in WaPo.  And the evidence bears out the anecdotal reporting that Super PACs go more negative because they are unaccountable: "Data show that super PACs, which have run more advertising than the campaigns themselves, have spent 72 percent of their money on negative ads. The figure for campaigns is 27 percent, according to a Washington Post analysis of data from Kantar Media/Campaign Media Analysis Group, which tracks television advertising across the country. (For this article, ads were considered negative if they mentioned another GOP candidate.)"
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"G.O.P. Campaigns Grow More Dependent on 'Super PAC' Aid"<http://electionlawblog.org/?p=30227>
Posted on February 20, 2012 8:16 pm<http://electionlawblog.org/?p=30227> by Rick Hasen<http://electionlawblog.org/?author=3>

Must read Nick Confessore analysis<http://www.nytimes.com/2012/02/21/us/politics/super-pac-role-grows-for-republican-campaigns.html?_r=1&hp> in the NYT.
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"The (Non-)Effects of Campaign Finance Spending Bans on Macro Political Outcomes: Evidence From the States"<http://electionlawblog.org/?p=30222>
Posted on February 20, 2012 12:25 pm<http://electionlawblog.org/?p=30222> by Rick Hasen<http://electionlawblog.org/?author=3>

Ray La Raja and Brian Schaffner have uploaded this important draft paper<http://people.umass.edu/schaffne/laraja_schaffner_spendingbans.pdf>.  Here is the abstract:

This paper seeks to understand the effect of campaign finance laws on electoral and policy Spurred by the recent Supreme Court decision, Citizens United v. FEC (2010), which bans on corporate and union political spending, the study focuses on whether such bans generate consequences notably different from an electoral system that lacks such bans. We observe three key outcomes: partisan control of government, incumbent reelection rates and corporate tax burdens. Using historical data on regulations in 49 American states between 1935 and 2009 we test alternative models for evaluating the impact of corporate and union spending bans put in place during this period. The results indicate that spending bans appear to have limited, if any, effect on these outcomes.

I very much look forward to reading this paper!  Note that the paper attempts to measure the effects of spending on electoral outcomes, not legislative outcomes (and the latter in my view is a bigger problem).
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"Racism alleged in voter ID campaign"<http://electionlawblog.org/?p=30220>
Posted on February 20, 2012 12:22 pm<http://electionlawblog.org/?p=30220> by Rick Hasen<http://electionlawblog.org/?author=3>

MPR reports<http://minnesota.publicradio.org/collections/special/columns/polinaut/archive/2012/02/racism_alleged.shtml>.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9> | Comments Off
--
Rick Hasen
Chancellor's Professor of Law and Political Science
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
http://electionlawblog.org
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