[EL] Justice Ginsburg

Mon Aug 26 10:55:43 PDT 2013

I think that Justice Ginsburg is one of the brightest justices in recent decades, but her comments on Citizens United are silly.  Each of her points is easily refuted.

1.      People abroad are appalled.  Who cares?  Constitutional rights are not determined on whether the cool kids think we're nerds and won't let us sit with them at during lunch period.  The European Court of Human Rights just upheld a UK law that bans any political broadcast with private money.  Even our neighbors to the north have a less-than-stellar record with regard to free speech, and I'll skip pointing out the irony of places like Russia and Zimbabwe lecturing us about freedom (whoops).  The fact that censors don't like the fact that we don't have censorship is a sign we are doing something right.  Moreover, I suspect the people abroad who are appalled to whom Justice Ginsburg speaks are either politicians or members of the sclerotic political, legal and educational elite permanently installed in many countries, like ants in amber, to whom unregulated political activity is a threat to their grip on power.

2.      Why should elections be determined by how much money a candidate can spend?  One, they're not.  And two, even if they were, the spending means people are getting information they use to decide who will represent them.  For some reason, people getting information about how they should cast their vote is a bad thing?

3.      Why should politicians spend their days raising money just to get elected?  Because, Justice Ginsburg, you and other jurists like you deferred to the legislature and upheld contribution caps.  You created the problem and believe that we must make it worse to fix it.

Bill

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Monday, August 26, 2013 7:43 AM
To: law-election at uci.edu
Subject: [EL] ELB News and Commentary 8/26/13

"Obama's Big Voting Rights Gamble"<http://electionlawblog.org/?p=54811>
Posted on August 26, 2013 7:41 am<http://electionlawblog.org/?p=54811> by Rick Hasen<http://electionlawblog.org/?author=3>

David Nather reports<http://www.politico.com/story/2013/08/obama-king-march-voting-rights-gamble-95890.html> for Politico.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54811&title=%E2%80%9CObama%E2%80%99s%20Big%20Voting%20Rights%20Gamble%E2%80%9D&description=>
Posted in Department of Justice<http://electionlawblog.org/?cat=26>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
Justice Ginsburg on Citizens United<http://electionlawblog.org/?p=54808>
Posted on August 26, 2013 7:35 am<http://electionlawblog.org/?p=54808> by Rick Hasen<http://electionlawblog.org/?author=3>

The Justice is sure making good use of the Supreme Court press corp. in the off season. She tells <http://www.bloomberg.com/news/2013-08-26/ginsburg-embraces-gay-marriage-rulings-as-high-court-shuns-bold.html> Greg Stohr:

"You take the limits off and say, 'You can spend as much as you want,' and people will spend and spend," she said. "People are appalled abroad. It's a question I get asked all the time: Why should elections be determined by how much a candidate can spend and why should candidates spend most of their time these days raising the funds so that they will prevail in the next election?"
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54808&title=Justice%20Ginsburg%20on%20Citizens%20United&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"FEC Commissioners Battle To Partisan Inaction"<http://electionlawblog.org/?p=54806>
Posted on August 26, 2013 7:34 am<http://electionlawblog.org/?p=54806> by Rick Hasen<http://electionlawblog.org/?author=3>

Roll Call reports<http://blogs.rollcall.com/moneyline/fec-commissioners-battle-to-partisan-inaction/>.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24> | Comments Off
"Detroit Follow-up: State to Re-Tally Disputed Write-in Votes"<http://electionlawblog.org/?p=54804>
Posted on August 26, 2013 7:32 am<http://electionlawblog.org/?p=54804> by Rick Hasen<http://electionlawblog.org/?author=3>

Doug Chapin explains.<http://blog.lib.umn.edu/cspg/electionacademy/2013/08/detroit_follow-up_state_to_re-.php>
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Posted in election administration<http://electionlawblog.org/?cat=18> | Comments Off
Al Hunt on McCutcheon<http://electionlawblog.org/?p=54802>
Posted on August 26, 2013 7:31 am<http://electionlawblog.org/?p=54802> by Rick Hasen<http://electionlawblog.org/?author=3>

Here.<http://www.bloomberg.com/news/2013-08-25/will-high-court-widen-flood-of-money-in-politics-.html>
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54802&title=Al%20Hunt%20on%20McCutcheon&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Different Realms of Disclosure"<http://electionlawblog.org/?p=54800>
Posted on August 26, 2013 7:30 am<http://electionlawblog.org/?p=54800> by Rick Hasen<http://electionlawblog.org/?author=3>

Bob Bauer's latest.<http://www.moresoftmoneyhardlaw.com/2013/08/different-realms-of-disclosure/>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, lobbying<http://electionlawblog.org/?cat=28> | Comments Off
Justice Ginsburg Talks to Adam Liptak on Regretting Her Vote in NAMUDNO, Her Shelby County Dissent, and the Chief Justice's Long Game<http://electionlawblog.org/?p=54797>
Posted on August 25, 2013 9:59 pm<http://electionlawblog.org/?p=54797> by Rick Hasen<http://electionlawblog.org/?author=3>

Must Read<http://www.nytimes.com/2013/08/25/us/court-is-one-of-most-activist-ginsburg-says-vowing-to-stay.html?smid=tw-share&_r=0>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54797&title=Justice%20Ginsburg%20Talks%20to%20Adam%20Liptak%20on%20Regretting%20Her%20Vote%20in%20NAMUDNO%2C%20Her%20Shelby%20County%20Dissent%2C%20and%20the%20Chief%20Justice%E2%80%99s%20Long%20Game&descripti>
Posted in Supreme Court<http://electionlawblog.org/?cat=29>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
"Justice Department Gets Aggressive on Voting Rights"<http://electionlawblog.org/?p=54794>
Posted on August 25, 2013 9:37 pm<http://electionlawblog.org/?p=54794> by Rick Hasen<http://electionlawblog.org/?author=3>

Carrie Johnson reports<http://www.npr.org/templates/story/story.php?storyId=215403103&sc=tw> for NPR.
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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15> | 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>

hhttp://www.law.uci.edu/faculty/full-time/hasen/

http://electionlawblog.org
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