[EL] ELB News and Commentary 7/5/13
Rick Hasen
rhasen at law.uci.edu
Fri Jul 5 08:23:26 PDT 2013
"IRS Scrutiny Went Beyond the Political"
<http://electionlawblog.org/?p=52607>
Posted on July 5, 2013 8:21 am <http://electionlawblog.org/?p=52607> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/2013/07/05/us/politics/irs-scrutiny-went-beyond-the-political.html?hp&_r=2&>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Power from the people: Does the Supreme Court's gay-marriage ruling
threaten direct democracy?" <http://electionlawblog.org/?p=52604>
Posted on July 5, 2013 8:19 am <http://electionlawblog.org/?p=52604> by
Rick Hasen <http://electionlawblog.org/?author=3>
The Economist reports.
<http://www.economist.com/news/united-states/21580476-does-supreme-courts-gay-marriage-ruling-threaten-direct-democracy-power>
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Posted in direct democracy <http://electionlawblog.org/?cat=62> |
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"IRS 'BOLOs' raise new questions about political targeting uproar"
<http://electionlawblog.org/?p=52601>
Posted on July 5, 2013 8:16 am <http://electionlawblog.org/?p=52601> by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/politics/federal_government/irs-bolos-raise-new-questions-about-political-targeting-uproar/2013/07/04/e4988482-de77-11e2-b797-cbd4cb13f9c6_story.html>:
Internal Revenue Service documents showing that the agency might
have scrutinized politically liberal groups before it
inappropriately targeted conservative ones intensified debate on
Capitol Hill last week, leaving the agency and its watchdog
scrambling to explain themselves.
The result may be an already embattled IRS that faces even more
criticism, and an inspector general risking a compromised reputation.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
Conservatives Criticize Shelby County Reasoning
<http://electionlawblog.org/?p=52599>
Posted on July 5, 2013 8:14 am <http://electionlawblog.org/?p=52599> by
Rick Hasen <http://electionlawblog.org/?author=3>
Nina Totenberg
<http://www.npr.org/2013/07/05/198708325/whose-term-was-it-a-look-back-at-the-supreme-court?sc=tw&cc=share>
for NPR on the voting rights decision:
Although the decision was hailed by many /political/ conservatives,
its reviews from academic and judicial conservatives were
considerably less admiring.
Harvard Law professor Charles Fried, a former state Supreme Court
justice who served as the Reagan administration's advocate in the
Supreme Court, thought the court's decision was just wrong.
"Because we're not there yet," he says. "We're not there yet, and
the facts on the ground in Shelby County itself showed that."
Stanford's McConnell says the decision's reasoning is just "made up."
"There's no requirement in the Constitution to treat all states the
same," he said. "It might be an attractive principle, but it doesn't
seem to be in the Constitution."
John McGinnis of Northwestern University Law School agrees,
suggesting that the court's conservatives let their own policy
disagreements with Congress trump the clear meaning of the
Constitution and the post Civil War amendments.
"I'm sorry to say I think this opinion was as singular a failure as
I've seen in the history of the Supreme Court," McGinnis said at a
recent judicial conference.
Much more on Shelby County's reasoning coming up soon.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"Exclusive: Supreme Court's Ginsburg vows to resist pressure to
retire" <http://electionlawblog.org/?p=52595>
Posted on July 4, 2013 9:53 am <http://electionlawblog.org/?p=52595> by
Rick Hasen <http://electionlawblog.org/?author=3>
Big Joan Biskupic scoop
<http://www.reuters.com/article/2013/07/04/us-usa-court-ginsburg-idUSBRE9630C820130704>.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29> | Comments Off
"Should Republicans Just Focus on White Voters?"
<http://electionlawblog.org/?p=52593>
Posted on July 4, 2013 9:51 am <http://electionlawblog.org/?p=52593> by
Rick Hasen <http://electionlawblog.org/?author=3>
Interesting
<http://opinionator.blogs.nytimes.com/2013/07/03/should-republicans-just-focus-on-white-voters/?ref=politics>
Tom Edsall column.
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68> | Comments Off
"How to Capture a Wild Republican"
<http://electionlawblog.org/?p=52590>
Posted on July 3, 2013 7:54 pm <http://electionlawblog.org/?p=52590> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2013/07/03/nyregion/how-to-capture-a-wild-republican.html>:
Every mayoral candidate needs 3,750 voter signatures to appear on
the primary ballot in Sptember. With about 3 million registered
Democrats in the city, Democratic canvassers can stand on a street
corner and let the deluge pour forth.
It is not so easy for Republicans, whose party counts only about
470,000 registered voters, mostly in enclaves outside Manhattan.
Republican hopefuls like Mr. Catsimatidis can be so hard-pressed for
signatures that they make individual appointments with registered
voters.
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Posted in ballot access <http://electionlawblog.org/?cat=46>, petition
signature gathering <http://electionlawblog.org/?cat=39> | Comments Off
"New Texas Voting Disputes" <http://electionlawblog.org/?p=52587>
Posted on July 3, 2013 5:47 pm <http://electionlawblog.org/?p=52587> by
Rick Hasen <http://electionlawblog.org/?author=3>
SCOTUSBlog reports.
<http://www.scotusblog.com/2013/07/new-texas-voting-disputes/>
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Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme
Court <http://electionlawblog.org/?cat=29>, 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
What is DOJ Telling Former Section 5 Jurisdictions?
<http://electionlawblog.org/?p=52583>
Posted on July 3, 2013 12:42 pm <http://electionlawblog.org/?p=52583> by
Rick Hasen <http://electionlawblog.org/?author=3>
Via Ryan J. Reilly:
<https://twitter.com/ryanjreilly/status/352511940360278019>
Section 5 submissions
With respect to administrative submissions under Section 5 of the
Voting Rights Act, that were pending as of June 25, 2013, or
received after that date, the Attorney General is providing a
written response to jurisdictions that advises:
On June 25, 2013, the United States Supreme Court held that the
coverage formula in Section 4(b) of the Voting Rights Act, 42 U.S.C.
1973b(b), as reauthorized by the Voting Rights Act Reauthorization
and Amendments Act of 2006, is unconstitutional and can no longer be
used as a basis for subjecting jurisdictions to preclearance under
Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. Shelby County
v. Holder, 570U.S. ___, 2013 WL 3184629 (U.S. June 25, 2013) (No.
12-96). Accordingly, no determination will be made under Section 5
by the Attorney General on the specified change. Procedures for the
Administration of Section 5 of the Voting Rights Act, 28 C.F.R.
51.35. We further note that this is not a determination on the
merits and, therefore, should not be construed as a finding
regarding whether the specified change complies with any federal
voting rights law.
Section 3(c) preclearance
Shelby County does not affect Section 3(c) of the Voting Rights Act,
42 U.S.C. 1973a(c). Jurisdictions covered by a preclearance
requirement pursuant to court orders under Section 3(c), remain
subject to the terms of those court orders.
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
Voting Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"The Supreme Court's Voting Rights Act Decision Isn't the Whole
Problem" <http://electionlawblog.org/?p=52580>
Posted on July 3, 2013 12:26 pm <http://electionlawblog.org/?p=52580> by
Rick Hasen <http://electionlawblog.org/?author=3>
Armand Derfner
<http://www.huffingtonpost.com/armand-derfner/the-supreme-courts-voting_b_3542384.html>:
Forty-five years ago, I found myself nervously standing in front of
Chief Justice Earl Warren, Thurgood Marshall, Hugo Black and the
other Justices, arguing the first case to apply the newly minted
Voting Rights Act. Despite my greenness, the Supreme Court ruled in
favor of the Mississippi voters I represented, saying the Act must
be interpreted broadly, to further Congress' "noble goal" of ending
voting discrimination.
I imagined many possible futures, but none of them led to my sitting
in the Supreme Court last week listening to Chief Justice John
Roberts' opinion that the Voting Rights Act is no longer necessary
--- and is hence unconstitutional --- because we have eradicated
racism in America. Not just that, but we eradicated racism in just
the seven short years since the Act's extension in 2006 by huge
bipartisan majorities in Congress.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"Judicial Minimalism is Alive and Well on the Roberts Court"
<http://electionlawblog.org/?p=52577>
Posted on July 3, 2013 11:58 am <http://electionlawblog.org/?p=52577> by
Rick Hasen <http://electionlawblog.org/?author=3>
Artemus Ward and J. Mitchell Pickerill have written this commentary
<http://www.law.com/jsp/nlj/PubArticleSCI.jsp?id=1202609561827&kw=Judicial%20Minimalism%20is%20Alive%20and%20Well%20on%20the%20Roberts%20Court&et=editorial&bu=National%20Law%20Journal&cn=20130703&src=EMC-Email&pt=Supreme%20Court%20Brief%20Headlines&slreturn=20130603145051>
for NLJ. It begins:
The Supreme Court's recent decisions on affirmative action, voting
rights and gay marriage have sparked a heated debate about
discrimination in America and the Court's role in deciding the most
important issues of the day.
In /Fisher v. Texas /the justices implicitly upheld affirmative
action and sent the case back to the lower courts to apply the law
more specifically. In /Shelby County v. Holder /the Court struck
down one part of the Voting Rights Act (VRA) and implicitly invited
congress to be more specific with the law. In /United States v.
Windsor /the justices struck down the federal Defense of Marriage
Act (DOMA) but said that the appellants in /Hollingsworth v. Perry
/did not have the legal authority to bring the case to the Court.
While each of these cases was certainly important to the litigants,
and for the development of the law, they may be more important for
what they did not do: abolish affirmative action, overturn the VRA,
and declare a fundamental right to gay marriage.
I strongly disagree
<http://www.nytimes.com/2013/06/26/opinion/the-chief-justices-long-game.html?_r=0>
and am writing much more about this. Stay tuned.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"RI Assembly passes National Popular Vote bill"
<http://electionlawblog.org/?p=52574>
Posted on July 3, 2013 11:04 am <http://electionlawblog.org/?p=52574> by
Rick Hasen <http://electionlawblog.org/?author=3>
See here
<http://www.providencejournal.com/breaking-news/content/20130702-ri-assembly-passes-national-popular-vote-bill.ece>.
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Posted in electoral college <http://electionlawblog.org/?cat=44> |
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Major Voting Rights Development: Intervenors Seeks to Have Texas
Bailed In Under Section 3 of the Voting Rights Act -corrected
<http://electionlawblog.org/?p=52569>
Posted on July 3, 2013 10:16 am <http://electionlawblog.org/?p=52569> by
Rick Hasen <http://electionlawblog.org/?author=3>
This just-filed motion by Defendant Intervenors
<http://electionlawblog.org/wp-content/uploads/241-motion-sec-3redux.pdf> in
the Texas redistricting case is a BFD:
The State of Texas is undoubtedly the prime example of why at least
some pre-enforcement review under the Voting Rights Act is still
necessary to vindicate the voting rights of minority citizens. Texas
has engaged in persistent and intentional efforts to diminish the
voting strength of voters of color, and to exclude them from the
political process. If ever a jurisdiction was deserving of being
affirmatively subjected to the preclearance requirement (being
"bailed-in") under Section 3(c) of the Act, Texas is that jurisdiction.
I've been skeptical that Section 3 bail-in can be an effective
substitute for section 5 preclearance (mainly because it is onerous to
bring a section 3 suit and most local jurisdictions---where lots of
mischief can take place, likely won't be subject to a bail-in action).
But this is an important test case, and the finding of intentional race
discrimination on Texas's part in the Texas redistricting case gives
preclearance supporters a fighting chance here. (For more on how
Congress could strengthen section 3 bail-in as part of a response to
/Shelby County/, see Rick Pildes's excellent post <http://t.co/3UzRoJ9E8F>.)
NOTE: This post has been corrected. An earlier version said that this
was a motion by DOJ.
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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
Breaking: Ninth Circuit Rejects Constitutional Challenges to
California's Top Two Primary System
<http://electionlawblog.org/?p=52561>
Posted on July 3, 2013 9:38 am <http://electionlawblog.org/?p=52561> by
Rick Hasen <http://electionlawblog.org/?author=3>
You can read the unanimous opinion at this link
<http://electionlawblog.org/wp-content/uploads/Opinion-Affirming-Judgment.pdf>.
UPDATE:Richard Winger responds <http://www.ballot-access.org/?p=34745>.
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Posted in political parties <http://electionlawblog.org/?cat=25>,
primaries <http://electionlawblog.org/?cat=32> | Comments Off
"Voting Rights Institute Wraps a Week of Practical Voting Rights
Litigation Instruction Led by Field Experts"
<http://electionlawblog.org/?p=52558>
Posted on July 3, 2013 9:26 am <http://electionlawblog.org/?p=52558> by
Rick Hasen <http://electionlawblog.org/?author=3>
See here.
<http://www.clcblog.org/index.php?option=com_content&view=article&id=527:voting-rights-institute-wraps-a-week-of-practical-voting-rights-litigation-instruction-led-by-field-experts>
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15> |
Comments Off
"Voting Rights Act Ruling Forces Justice Department Reassignments"
<http://electionlawblog.org/?p=52555>
Posted on July 3, 2013 8:46 am <http://electionlawblog.org/?p=52555> by
Rick Hasen <http://electionlawblog.org/?author=3>
HuffPo
<http://www.huffingtonpost.com/2013/07/03/voting-rights-act-justice-department_n_3518576.html?utm_hp_ref=tw>:
"In striking down
<http://www.huffingtonpost.com/2013/06/25/voting-rights-act-supreme-court_n_3429810.html>
a key provision of the Voting Rights Act last week, members of the
Supreme Court didn't just neuter a major component of landmark civil
rights law. The justices also eliminated the workload of several dozen
federal employees."
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
Voting Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"North Carolina Speeds Up to Run Election Red Light?"
<http://electionlawblog.org/?p=52553>
Posted on July 3, 2013 8:25 am <http://electionlawblog.org/?p=52553> by
Rick Hasen <http://electionlawblog.org/?author=3>
Michael McDonald
<http://www.huffingtonpost.com/michael-p-mcdonald/north-carolina-speeds-up_b_3536128.html>:
"So, Republicans would be wise to remember that they are still bound by
Section 2 of the Voting Rights Act. If they interpret the Supreme
Court's yellow light as an opportunity to speed up and implement new
laws without foresight, they may themselves running a red light. The
penalty may not be only an overturning of the offending law, but some
proverbial jail time, too."
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, 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
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
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