[EL] 11th Amendment & Citizens United

Tue May 29 05:44:57 PDT 2012

One wonders with whom Joe thinks he is arguing here.  The brief arguing that the Eleventh Amendment bars application of Ex parte Young to the American Tradition case is not signed by any well known progressive, nor do I know of any modern-day progressive who would endorse such an argument.  The original Progressives -- capital "P" -- never liked Young in the first place, of course, but I don't think that's who Joe is talking about here.

On May 29, 2012, at 7:42 AM, Joe La Rue wrote:

> Regarding the proposal that the 11th Amendment requires the Supreme Court to refuse to hear the new Citizens United style challenge, thereby effectively allowing states to decide whether to strip First Amendment freedoms by banning corporate political speech, one wonders whether progressives would have thought that was a right outcome in the 1950s and 60s, with regards to civil rights? In other words, equality for all races would have been the federal law, but not the law of, say, Alabama. Would that be acceptable?
> If not, then neither should this be. Both situations involve federal constitutional law. And, last time I checked, the federal constitution has a supremacy clause, which dictates that the federal constitution trumps any attempts by the states to disregard it. So, states could not avoid the 14th Amendment by appealing to state law. And Montana should not be able to avoid the First Amendment by appealing to state law, either. And it seems to me that, to be consistent, if you think that Montana should win on 10th and 11th Amendment grounds, you also must think that segregation should still be a possible outcome in individual states.  
> 
> Joe
> ___________________
> Joseph E. La Rue
> cell: 513.509.6494 
> email: joseph.e.larue at gmail.com
> 
> 
> CONFIDENTIALITY NOTICE:  This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information or otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
> 
> 
> 
> On Mon, May 28, 2012 at 10:21 PM, Rick Hasen <rhasen at law.uci.edu> wrote:
> “Hispanic boom may not shift Texas’ diversity in Congress”
> 
> Posted on May 28, 2012 9:09 pm by Rick Hasen
> Important AP report:“One is a black real estate agent and the other a white millionaire. For two new districts created to reflect Texas’ soaring Hispanic population, they might be the representatives elected to Congress. That’s not exactly what Hispanic leaders pictured, and some are disheartened.”
> 
> More: South Texas congressional candidates receive late cash.
> 
> <share_save_171_16.png>
> Posted in redistricting, Supreme Court, Voting Rights Act | Comments Off
> “End of the Charade”
> 
> Posted on May 28, 2012 9:03 pm by Rick Hasen
> NYT editorial on the Chamber of Commerce and disclosure.
> 
> <share_save_171_16.png>
> Posted in campaign finance | Comments Off
> “As the jury in the John Edwards case deliberates a week with no verdict, how long is too long?”
> 
> Posted on May 28, 2012 8:55 pm by Rick Hasen
> AP reports.
> 
> <share_save_171_16.png>
> Posted in campaign finance, chicanery, John Edwards | Comments Off
> “Political Money Talks”
> 
> Posted on May 28, 2012 8:13 pm by Rick Hasen
> NYT editorial: “As Gov. Scott Walker of Wisconsin faces a well deserved recall vote next month after stripping public unions of their bargaining rights, voters are discovering the generosity of Diane Hendricks. Ms. Hendricks, the billionaire chairwoman of the nation’s largest roofing and siding wholesaler, wrote a check for $500,000 last month to help defend Governor Walker, a Republican, against his Democratic challenger, Tom Barrett, the mayor of Milwaukee.”
> 
> <share_save_171_16.png>
> Posted in campaign finance, recall elections | Comments Off
> “Our Imbecilic Constitution”
> 
> Posted on May 28, 2012 8:12 pm by Rick Hasen
> Sandy Levinson blogs at NYT’s Campaign Stops blog.
> 
> <share_save_171_16.png>
> Posted in Uncategorized | Comments Off
> “Congressional Black Caucus rallies preachers to tackle voter-ID laws”
> 
> Posted on May 28, 2012 8:05 pm by Rick Hasen
> McClatchy reports.
> 
> <share_save_171_16.png>
> Posted in The Voting Wars, voter id, Voting Rights Act | Comments Off
> “$55 million for conservative campaigns — but where did it come from?”
> 
> Posted on May 28, 2012 8:04 pm by Rick Hasen
> Must-read LA Times report, with the subhead: “A group with ties to the billionaire Koch brothers doled it out in the 2010 election cycle, but the sources of the cash remain a mystery.”
> 
> <share_save_171_16.png>
> Posted in campaign finance | Comments Off
> “Campaigns mine online data to target voters”
> 
> Posted on May 28, 2012 7:58 pm by Rick Hasen
> AP: Voters who click on President Barack Obama’s campaign website are likely to start seeing display ads promoting his re-election bid on their Facebook pages and other sites they visit. Voters searching Google for information about Mitt Romney may notice a 15-second ad promoting the Republican presidential hopeful the next time they watch a video online.”
> 
> <share_save_171_16.png>
> Posted in campaigns, social media and social protests | Comments Off
> “Texas-style redistricting vexes voters, puts map boundaries in perpetual motion”
> 
> Posted on May 28, 2012 7:55 pm by Rick Hasen
> WaPo reports.
> 
> <share_save_171_16.png>
> Posted in redistricting, Supreme Court, Voting Rights Act | Comments Off
> “Big Money Corporate Spending in Elections May Lose in Supreme Court: Citizens United Ruling Faces Imminent Reversal”
> 
> Posted on May 28, 2012 7:42 pm by Rick Hasen
> Press release: “Citizens United, the controversial 2010 U.S. Supreme Court decision that allows for virtually unlimited corporate spending in state elections, may face an immediate effective reversal if the Court refuses, on 11th Amendment constitutional grounds, to hear a case involving Citizens United and the State of Montana. The Eleventh Amendment Movement (TEAM, www.11thAmendment.org), a non-partisan political action association based in Hawaii, last week filed an amicus curiae “friend-of-the-court” brief that raises the 11th Amendment jurisdictional issue in the current case of American Tradition Partnership vs. Steve Bullock (Montana Attorney General). That case involves a recent Montana Supreme Court decision that upheld the state’s own anti-corruption election finance laws in defiance of the federally mandated Citizens United ruling. Montana’s decision has now been petitioned for appeal to the U.S. Supreme Court. The high court has not yet decided whether it will hear the appeal, but is expected to rule soon.”
> 
> <share_save_171_16.png>
> Posted in campaign finance, Supreme Court | Comments Off
> Pildes on Bullock on Redistricting
> 
> Posted on May 27, 2012 8:59 pm by Rick Hasen
> Redistricting: The Most Political Activity in America. By Charles S. Bullock III. Lanham, MD: Rowman & Littlefield, 2010. 234p. $79.00 cloth, $25.00 paper.
> Richard H. Pildes (2012).
> Perspectives on Politics, Issue 02, June 2012 pp 495-496 
> 
> http://journals.cambridge.org/action/displayAbstract?aid=8593683
> 
> <share_save_171_16.png>
> Posted in redistricting | Comments Off
> “Michigan: McCotter Could Get Booted from the Ballot”
> 
> Posted on May 26, 2012 4:43 pm by Rick Hasen
> Roll Call: “Rep. Thaddeus McCotter (R-Mich.) is at risk of losing his place on the Aug. 7 primary ballot due to problems with his petition signatures, wreaking havoc on the GOP’s once secure hold on his seat.”
> 
> <share_save_171_16.png>
> Posted in ballot access, campaigns, petition signature gathering | Comments Off
> “Can State Laws Cohabit With Citizens United?”
> 
> Posted on May 26, 2012 4:41 pm by Rick Hasen
> Linc Caplan has this opinion piece in Sunday’s New York Times.
> 
> <share_save_171_16.png>
> Posted in campaign finance | Comments Off
> “D.C. Mayor’s Administration Mired In Scandal”
> 
> Posted on May 26, 2012 2:39 pm by Rick Hasen
> NPR: “Washington, D.C., Mayor Vincent Gray was elected to office on a platform of anti-corruption. But just two years into his term, a federal investigation has left two former aides pleading guilty to misdeeds during the 2010 election. Gray has denied any wrongdoing. Host Guy Raz talks about D.C. politics with Washington Post reporter Nikita Stewart.”
> 
> MORE: A scathing WaPo editorial (via Election Law Center).
> 
> <share_save_171_16.png>
> Posted in chicanery | Comments Off
> “Last filing on campaign finance”
> 
> Posted on May 26, 2012 1:54 pm by Rick Hasen
> Lyle Denniston: “Acting quickly and setting the stage for the Supreme Court to act next month, challengers of a Montana law limiting corporations’ spending to influence state elections mailed their reply brief to the Court on Friday.  Among other arguments, they urged the Court not to consider developments in campaign finance since the Court’s 2010 ruling that is centrally at issue: Citizens United v. Federal Election Commission.  Again, they urged the Court to act summarily, without formal briefing and oral argument.”
> 
> <share_save_171_16.png>
> Posted in campaign finance | 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
> http://law.uci.edu/faculty/page1_r_hasen.html
> http://electionlawblog.org
> Pre-order The Voting Wars: http://amzn.to/y22ZTv
> 
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election
> 
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20120529/921f6888/attachment.html>