[EL] 11th Amendment & Citizens United

Tue May 29 06:20:18 PDT 2012

As near as I can tell, it is funded by [da-dumm] SECRET MONEY!!!!!!! http://www.youtube.com/watch?v=AWhmCAf6DsQ.  How do we know what their agenda is? Could they be funded by foreign governments?

While I think Sam is right, and I'm glad to hear him say what he does, in Joe's defense, TEAM's website - while not revealing their SECRET donors - does note that the founding members are Carl Mayer, a reasonably well known progressive attorney whom I did a panel with some years ago - see bio here: http://www.carlmayer.com/; and Adam Furgatch, another progressive lawyer. TEAM's efforts have been covered favorably in Mother Jones, FireDogLake, and Thom Hartmann, which I think all qualify as progressive venues. So perhaps Joe is arguing with a minority faction of the progressive movement.

Also, because there are many journalists, students, and non-lawyers who lurk on this list, and aren't often as familiar with things such as ex parte Young, sometimes it is worth pointing out the lack of currency for such ideas.

Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] on behalf of Marty Lederman [lederman.marty at gmail.com]
Sent: Tuesday, May 29, 2012 8:52 AM
To: Samuel Bagenstos
Cc: law-election at uci.edu
Subject: Re: [EL] 11th Amendment & Citizens United

The brief is here:

http://sblog.s3.amazonaws.com/wp-content/uploads/2012/05/11-1179-The-Eleventh-Amendment-Movement-Cert-Amicus.pdf

The amicus "Eleventh Amendment Movement" describes itself as "a national non-partisan association dedicated to education, non-partisan advocacy and litigation to support the restoration and protection of fundamental special sovereign interests of the states as protected by the Eleventh Amendment of the United States Constitution."

A central fixture in the progressive firmament, to be sure.

On Tue, May 29, 2012 at 8:44 AM, Samuel Bagenstos <sambagen at umich.edu<mailto:sambagen at umich.edu>> wrote:
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
___________________
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On Mon, May 28, 2012 at 10:21 PM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
“Hispanic boom may not shift Texas’ diversity in Congress”<http://electionlawblog.org/?p=34857>
Posted on May 28, 2012 9:09 pm<http://electionlawblog.org/?p=34857> by Rick Hasen<http://electionlawblog.org/?author=3>

Important AP report:<http://www.dallasnews.com/incoming/20120528-hispanic-boom-may-not-shift-texas-diversity-in-congress.ece>“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<http://blog.mysanantonio.com/texas-on-the-potomac/2012/05/south-texas-congressional-candidates-receive-late-cash/>.

<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34857&title=%E2%80%9CHispanic%20boom%20may%20not%20shift%20Texas%E2%80%99%20diversity%20in%20Congress%E2%80%9D&description=>
Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
“End of the Charade”<http://electionlawblog.org/?p=34854>
Posted on May 28, 2012 9:03 pm<http://electionlawblog.org/?p=34854> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT editorial <http://www.nytimes.com/2012/05/29/opinion/end-of-the-charade.html?hp> on the Chamber of Commerce and disclosure.

<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34854&title=%E2%80%9CEnd%20of%20the%20Charade%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“As the jury in the John Edwards case deliberates a week with no verdict, how long is too long?”<http://electionlawblog.org/?p=34851>
Posted on May 28, 2012 8:55 pm<http://electionlawblog.org/?p=34851> by Rick Hasen<http://electionlawblog.org/?author=3>

AP reports.<http://www.washingtonpost.com/national/as-the-jury-in-the-john-edwards-case-deliberates-a-week-with-no-verdict-how-long-is-too-long/2012/05/28/gJQAybLcwU_story.html>

<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34851&title=%E2%80%9CAs%20the%20jury%20in%20the%20John%20Edwards%20case%20deliberates%20a%20week%20with%20no%20verdict%2C%20how%20long%20is%20too%20long%3F%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>, John Edwards<http://electionlawblog.org/?cat=17> | Comments Off
“Political Money Talks”<http://electionlawblog.org/?p=34847>
Posted on May 28, 2012 8:13 pm<http://electionlawblog.org/?p=34847> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT editorial<http://www.nytimes.com/2012/05/29/opinion/political-money-talks.html?_r=1&ref=politics>: “As Gov. Scott Walker of Wisconsin faces a well deserved recall vote<http://www.nytimes.com/2012/05/09/us/politics/wisconsin-democrats-vote-for-challenger-to-scott-walker.html> 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<http://www.abcsupply.com/media-center/fact-sheet>, 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<http://city.milwaukee.gov/Mayor>.”

<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34847&title=%E2%80%9CPolitical%20Money%20Talks%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, recall elections<http://electionlawblog.org/?cat=11> | Comments Off
“Our Imbecilic Constitution”<http://electionlawblog.org/?p=34845>
Posted on May 28, 2012 8:12 pm<http://electionlawblog.org/?p=34845> by Rick Hasen<http://electionlawblog.org/?author=3>

Sandy Levinson blogs <http://campaignstops.blogs.nytimes.com/2012/05/28/our-imbecilic-constitution/?ref=politics> at NYT’s Campaign Stops blog.

<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34845&title=%E2%80%9COur%20Imbecilic%20Constitution%E2%80%9D&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1> | Comments Off
“Congressional Black Caucus rallies preachers to tackle voter-ID laws”<http://electionlawblog.org/?p=34842>
Posted on May 28, 2012 8:05 pm<http://electionlawblog.org/?p=34842> by Rick Hasen<http://electionlawblog.org/?author=3>

McClatchy reports<http://www.lakewyliepilot.com/2012/05/28/1542433/congressional-black-caucus-rallies.html>.

<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34842&title=%E2%80%9CCongressional%20Black%20Caucus%20rallies%20preachers%20to%20tackle%20voter-ID%20laws%E2%80%9D&description=>
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
“$55 million for conservative campaigns — but where did it come from?”<http://electionlawblog.org/?p=34840>
Posted on May 28, 2012 8:04 pm<http://electionlawblog.org/?p=34840> by Rick Hasen<http://electionlawblog.org/?author=3>

Must-read <http://www.latimes.com/news/nationworld/nation/la-na-secret-money-20120528,0,3399955.story> 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><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34840&title=%E2%80%9C%2455%20million%20for%20conservative%20campaigns%20%E2%80%94%20but%20where%20did%20it%20come%20from%3F%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“Campaigns mine online data to target voters”<http://electionlawblog.org/?p=34837>
Posted on May 28, 2012 7:58 pm<http://electionlawblog.org/?p=34837> by Rick Hasen<http://electionlawblog.org/?author=3>

AP<http://www.google.com/hostednews/ap/article/ALeqM5g5IqenDmEunDOxRKNfQv7rYCScxA?docId=4a2481d5f77f4b53b326b8e62ce045e4>: 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><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34837&title=%E2%80%9CCampaigns%20mine%20online%20data%20to%20target%20voters%E2%80%9D&description=>
Posted in campaigns<http://electionlawblog.org/?cat=59>, social media and social protests<http://electionlawblog.org/?cat=58> | Comments Off
“Texas-style redistricting vexes voters, puts map boundaries in perpetual motion”<http://electionlawblog.org/?p=34834>
Posted on May 28, 2012 7:55 pm<http://electionlawblog.org/?p=34834> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo reports<http://www.washingtonpost.com/politics/texas-style-redistricting-vexes-voters-puts-map-boundaries-in-perpetual-motion/2012/05/27/gJQAVvC7uU_story.html>.

<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34834&title=%E2%80%9CTexas-style%20redistricting%20vexes%20voters%2C%20puts%20map%20boundaries%20in%20perpetual%20motion%E2%80%9D&description=>
Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
“Big Money Corporate Spending in Elections May Lose in Supreme Court: Citizens United Ruling Faces Imminent Reversal”<http://electionlawblog.org/?p=34830>
Posted on May 28, 2012 7:42 pm<http://electionlawblog.org/?p=34830> by Rick Hasen<http://electionlawblog.org/?author=3>

Press release<http://www.11thamendment.org/2012/05/23/big-money-corporate-spending-in-elections-may-lose-in-supreme-court-citizens-united-ruling-faces-imminent-reversal/>: “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<http://www.11thAmendment.org/>), a non-partisan political action association based in Hawaii, last week filed an amicus curiae “friend-of-the-court” brief t<http://www.11thamendment.org/2012/05/08/11th-amendment-supreme-court-briefs/>hat 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><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34830&title=%E2%80%9CBig%20Money%20Corporate%20Spending%20in%20Elections%20May%20Lose%20in%20Supreme%20Court%3A%20Citizens%20United%20Ruling%20Faces%20Imminent%20Reversal%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, Supreme Court<http://electionlawblog.org/?cat=29> | Comments Off
Pildes on Bullock on Redistricting<http://electionlawblog.org/?p=34827>
Posted on May 27, 2012 8:59 pm<http://electionlawblog.org/?p=34827> by Rick Hasen<http://electionlawblog.org/?author=3>
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<http://journals.cambridge.org/action/displayJournal?jid=PPS>, Issue 02<http://journals.cambridge.org/action/displayJournal?jid=PPS&volumeId=10&bVolume=y#loc10%3E%3C/p%3E%3Cp%3E%20%E2%80%9C%3EVolume%2010%3C/a%3E,%3Cbr%20/%3E%3Ca%20href=>, June 2012 pp 495-496

http://journals.cambridge.org/action/displayAbstract?aid=8593683

<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34827&title=Pildes%20on%20Bullock%20on%20Redistricting&description=>
Posted in redistricting<http://electionlawblog.org/?cat=6> | Comments Off
“Michigan: McCotter Could Get Booted from the Ballot”<http://electionlawblog.org/?p=34823>
Posted on May 26, 2012 4:43 pm<http://electionlawblog.org/?p=34823> by Rick Hasen<http://electionlawblog.org/?author=3>

Roll Call: <http://atr.rollcall.com/michigan-mccotter-could-get-booted-from-the-ballot/> “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><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34823&title=%E2%80%9CMichigan%3A%20McCotter%20Could%20Get%20Booted%20from%20the%20Ballot%E2%80%9D&description=>
Posted in ballot access<http://electionlawblog.org/?cat=46>, campaigns<http://electionlawblog.org/?cat=59>, petition signature gathering<http://electionlawblog.org/?cat=39> | Comments Off
“Can State Laws Cohabit With Citizens United?”<http://electionlawblog.org/?p=34821>
Posted on May 26, 2012 4:41 pm<http://electionlawblog.org/?p=34821> by Rick Hasen<http://electionlawblog.org/?author=3>

Linc Caplan has this opinion piece<http://www.nytimes.com/2012/05/27/opinion/sunday/can-state-laws-cohabit-with-citizens-united.html> in Sunday’s New York Times.

<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34821&title=%E2%80%9CCan%20State%20Laws%20Cohabit%20With%20Citizens%20United%3F%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“D.C. Mayor’s Administration Mired In Scandal”<http://electionlawblog.org/?p=34818>
Posted on May 26, 2012 2:39 pm<http://electionlawblog.org/?p=34818> by Rick Hasen<http://electionlawblog.org/?author=3>

NPR<http://www.npr.org/2012/05/26/153782893/d-c-mayors-administration-mired-in-cloud-of-scandal?ft=1&f=1014&sc=tw>: “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<http://www.washingtonpost.com/opinions/an-investigation-that-goes-to-the-heart-of-our-political-system/2012/05/23/gJQAfJOdlU_story.html> (via Election Law Center<http://electionlawcenter.com/2012/05/26/2010-dc-mayors-race-an-investigation-that-goes-to-the-heart-of-our-political-system.aspx>).

<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D34818&title=%E2%80%9CD.C.%20Mayor%E2%80%99s%20Administration%20Mired%20In%20Scandal%E2%80%9D&description=>
Posted in chicanery<http://electionlawblog.org/?cat=12> | Comments Off
“Last filing on campaign finance”<http://electionlawblog.org/?p=34815>
Posted on May 26, 2012 1:54 pm<http://electionlawblog.org/?p=34815> by Rick Hasen<http://electionlawblog.org/?author=3>

Lyle Denniston<http://www.scotusblog.com/2012/05/filings-in-on-campaign-finance/>: “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<http://sblog.s3.amazonaws.com/wp-content/uploads/2012/05/11-1179_cert_reply-1.pdf> 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<http://www2.bloomberglaw.com/public/document/Citizens_United_v_Federal_Election_Commission_130_S_Ct_876_175_L_>.  Again, they urged the Court to act summarily, without formal briefing and oral argument.”

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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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