[EL] ELB News and Commentary 7/16/13
Rick Hasen
rhasen at law.uci.edu
Tue Jul 16 08:37:08 PDT 2013
"Reid announces tentative deal to avert rules showdown"
<http://electionlawblog.org/?p=52995>
Posted on July 16, 2013 8:35 am <http://electionlawblog.org/?p=52995> by
Rick Hasen <http://electionlawblog.org/?author=3>
The latest
<http://www.washingtonpost.com/blogs/post-politics/wp/2013/07/16/reid-announces-tentative-deal-to-avert-rules-showdown/>from
WaPo.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, political parties
<http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68> | Comments Off
"Federal Judge Makes 'Right Church, Wrong Pew' Permanent in Ohio"
<http://electionlawblog.org/?p=52992>
Posted on July 16, 2013 8:27 am <http://electionlawblog.org/?p=52992> by
Rick Hasen <http://electionlawblog.org/?author=3>
Doug Chapin blogs.
<http://blog.lib.umn.edu/cspg/electionacademy/2013/07/federal_judge_makes_right_chur.php>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
provisional ballots <http://electionlawblog.org/?cat=67>, The Voting
Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Progressive Reform and Progressive Politics"
<http://electionlawblog.org/?p=52989>
Posted on July 16, 2013 7:44 am <http://electionlawblog.org/?p=52989> by
Rick Hasen <http://electionlawblog.org/?author=3>
Bob Bauer:
<http://www.moresoftmoneyhardlaw.com/2013/07/progressive-reform-and-progressive-politics/>
Rick Hasen has thoughtful advice for
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2293979>
progressives on campaign finance reform, and it can be summed up as
an exhortation to live to fight another day. He counsels against
misguided gestures (constitutional amendments), empty gestures ("lip
service" to reform without action) and giving up altogether and
moving on to other issues. Richard L. Hasen, /Three Wrong
Progressive Approaches (and One Right One) to Campaign Finance
Reform/, UC Irvine School of Law Legal Studies Research Paper Series
No. 2013-117
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2293979
(Forthcoming in Harvard Law & Policy Review)
There is much Hasen has offered for reflection and discussion, but
there are two issues---one of diagnosis and the other of
prescription---that his analysis quickly raises.
He concludes:
Then, in its prescription of steps for a resurgently progressive
jurisprudence, Rick's presentation raises a vital question of
emphasis. While insisting that regulation should be reasonable and
"only reasonable," /Id./ at 15, Rick seems largely concerned with
establishing a foundation for limits. In practice this has meant
that campaign finance regulation begins with the construction of
limits and restrictions and then identifies exemptions and
accommodates constitutional requirements, such as protecting
independent expenditures. In the resulting "jumble of rules" the
"delicate balance" Rick calls for has proven elusive. Perhaps the
time has come to reverse the order of emphasis and consider what is
required for the next-generation model of political engagement and
participation, and then build into it appropriate, carefully
fashioned limitations and disclosure requirements. What comes first
in the progressive rebuilding project may make considerable difference.
Stated another way: progressive campaign finance reform should be
developed within, and not apart from, a conception of vigorous
political action. Rick Hasen sets as progressive goals "protecting
robust free speech to deterring corruption and promoting equality."
/Id./ Included in the list should be the goal of effectively "doing
politics
<http://www.moresoftmoneyhardlaw.com/2013/04/duke-law-speech/>," and
it should not be tacked on to the end.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Court Due to Make Second Trip Down the Aisle"
<http://electionlawblog.org/?p=52986>
Posted on July 15, 2013 9:54 pm <http://electionlawblog.org/?p=52986> by
Rick Hasen <http://electionlawblog.org/?author=3>
I have written this piece
<http://blogs.reuters.com/great-debate/2013/07/15/court-due-to-make-second-trip-down-the-aisle/>for
Reuters Opinion. It begins:
Near the end of his engaging and informative e-book on the Supreme
Court's recent same-sex marriage decisions, To Have and To Uphold
<http://www.amazon.com/To-Have-Uphold-Same-Sex-ebook/dp/B00DNIUK9C>,
/New York Times/ reporter Adam Liptak makes a prediction: "The day
will come when the constitutional question [over the
constitutionality of a ban on same-sex marriage] will return to the
Supreme Court for some final mopping up, perhaps when the number of
states still banning same-sex marriage has dwindled to a score or
fewer."
Though I agree with much of Liptak's book, I think he's wrong on
this particular prediction: The constitutionality of bans on
same-sex marriage will return to the Supreme Court sooner rather
than later --- and it will happen while more than a score of states
still ban the practice. What the court does then is anyone's guess.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29> | Comments Off
"Senate's Leader Sets Showdown Over Changes to Filibuster"
<http://electionlawblog.org/?p=52984>
Posted on July 15, 2013 9:52 pm <http://electionlawblog.org/?p=52984> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2013/07/16/us/politics/democrats-seeing-precedent-press-on-to-curb-filibuster.html?hp&_r=0>:
Senator Harry Reid of Nevada took a defiant and uncompromising stand
on Monday before a showdown on the future of the filibuster, saying
that Republicans must stop blocking executive branch nominations or
he will try to change rules to "save the Senate from becoming obsolete."
But senators emerged from a three-and a-half-hour meeting in the Old
Senate Chamber saying they were confident that an agreement could be
reached Tuesday to defuse the tense partisan standoff, though no
deal had been struck in the closed session that went well into the
night.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, political parties
<http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68> | Comments Off
"Renewing voting rights --- with Roberts in mind"
<http://electionlawblog.org/?p=52981>
Posted on July 15, 2013 9:46 pm <http://electionlawblog.org/?p=52981> by
Rick Hasen <http://electionlawblog.org/?author=3>
Ari Melber has written this piece
<http://blogs.reuters.com/great-debate/2013/07/15/renewing-voting-rights-with-roberts-in-mind/>
for Reuters Opinion.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, Supreme Court
<http://electionlawblog.org/?cat=29>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
"Developing a Speech or Debate Clause Framework for Redistricting
Litigation" <http://electionlawblog.org/?p=52978>
Posted on July 15, 2013 4:34 pm <http://electionlawblog.org/?p=52978> by
Rick Hasen <http://electionlawblog.org/?author=3>
Christopher Asta has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2276715>on SSRN
(/NYU Law Review/). Here is the abstract:
The Speech or Debate Clause of the U.S. Constitution protects
legislators from being "questioned" at trial about their legislative
acts. This protection shields legislators from being prosecuted or
sued based on those acts and also sometimes protects them from
having to testify about those acts at trial. While this protection
is important in certain circumstances to safeguard the independence
and proper functioning of the legislature, it can also be
problematic when plaintiffs need to prove an invidious legislative
purpose to challenge a law. This is especially the case in the
redistricting context, where the standards to analyze both racial
and partisan gerrymandering claims require information regarding
legislative intent. Yet a close look into court interpretations of
the Speech or Debate Clause, and the legislative privilege that
stems from it, finds a confusing and conflicting set of opinions
regarding when such protections should and should not apply. This
confusion has made it difficult for courts to address legislative
privilege questions properly and may lead courts to protect and
uphold redistricting legislation more than is warranted. This Note
surveys the jurisprudential landscape of Supreme Court and lower
court Speech or Debate Clause opinions to develop a straightforward
and consistent framework for addressing all Speech or Debate Clause
disputes and then applies that framework to the questions that arise
during redistricting litigation. This proposed framework should help
encourage courts to allow legislative intent to come to light at
trial and may therefore leave courts better able to adjudicate
gerrymandering disputes.
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Posted in redistricting <http://electionlawblog.org/?cat=6>, Speech or
Debate Clause <http://electionlawblog.org/?cat=36> | Comments Off
House Hearing on the Voting Rights Act after Shelby County
<http://electionlawblog.org/?p=52975>
Posted on July 15, 2013 4:26 pm <http://electionlawblog.org/?p=52975> by
Rick Hasen <http://electionlawblog.org/?author=3>
July 18 notice
<http://judiciary.house.gov/hearings/113th/hear_07182013.html> (no
witnesses listed yet).
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"Republicans hand first hearing on Voting Rights Act to opponent of
Voting Rights Act" <http://electionlawblog.org/?p=52972>
Posted on July 15, 2013 4:01 pm <http://electionlawblog.org/?p=52972> by
Rick Hasen <http://electionlawblog.org/?author=3>
Important MSNBC report.
<http://tv.msnbc.com/2013/07/15/republicans-hand-first-hearing-on-voting-rights-act-to-opponent-of-voting-rights-act/>
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"Why Texas Republicans Aren't Trusted To Protect Minority Voters"
<http://electionlawblog.org/?p=52966>
Posted on July 15, 2013 12:01 pm <http://electionlawblog.org/?p=52966>
by Rick Hasen <http://electionlawblog.org/?author=3>
TPM reports
<http://tpmdc.talkingpointsmemo.com/2013/07/texas-voting-rights-act-redistricting.php?ref=fpblg>.
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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
"Montana Pols Aim to Check Dark Money Spending"
<http://electionlawblog.org/?p=52963>
Posted on July 15, 2013 11:55 am <http://electionlawblog.org/?p=52963>
by Rick Hasen <http://electionlawblog.org/?author=3>
Frontline reports
<http://www.pbs.org/wgbh/pages/frontline/government-elections-politics/big-sky-big-money/montana-pols-aim-to-check-dark-money-spending/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Bill Moyers Talks to Gary May about the History and Future of the
Voting Rights Act <http://electionlawblog.org/?p=52960>
Posted on July 15, 2013 11:41 am <http://electionlawblog.org/?p=52960>
by Rick Hasen <http://electionlawblog.org/?author=3>
Watch
<http://billmoyers.com/segment/gary-may-on-the-long-assault-on-our-voting-rights/>.
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15> |
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"Democrats: It's the States, Stupid!"
<http://electionlawblog.org/?p=52957>
Posted on July 15, 2013 10:58 am <http://electionlawblog.org/?p=52957>
by Rick Hasen <http://electionlawblog.org/?author=3>
Herman Schwartz
<http://blogs.reuters.com/great-debate/2013/07/14/democrats-its-the-states-stupid/>:
Unless the Democrats wake up to the importance of winning state
legislative elections, they are likely to remain a largely impotent
minority in the House of Representatives and equally feeble in the
state legislatures. The momentous Supreme Court decisions on the
Voting Rights Act, same-sex marriage and affirmative action make
winning these races all the more vital, for all these rulings deal
with state action. The huge Republican victory in the 2010 election
could turn out to be a gift that keeps giving.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, political parties
<http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68>, Uncategorized
<http://electionlawblog.org/?cat=1> | 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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