[EL] Arizona

[Rick Hasen]

    "The Supreme Court Gives States New Weapons in the Voting Wars"
    <http://electionlawblog.org/?p=51695>

Posted on June 17, 2013 10:45 am <http://electionlawblog.org/?p=51695> 
by Rick Hasen <http://electionlawblog.org/?author=3>

/The Daily Beast/ 
<http://www.thedailybeast.com/articles/2013/06/17/the-supreme-court-gives-states-new-weapons-in-the-voting-wars.html> 
has posted my analysis of today's Supreme Court opinion in the Arizona 
case. It begins

    Supreme Court watchers have been waiting each day to see if the
    Supreme Court is going to strike down a key provision of the Voting
    Rights Act in a case called /Shelby County v. Holder/. The Court did
    not issue that opinion Monday, but it did issue another important
    ruling in an Arizona voting case that could lead to new struggles
    between states and the federal government---and between Democrats
    and Republicans---over the rules for running our federal elections.
    While the opinion is a short-term victory for the federal
    government, it raises more questions than answers and ultimately
    could shift some power in elections back to the states.

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Posted in Elections Clause <http://electionlawblog.org/?cat=70>, Supreme 
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    Bush v. Gore Cited for First Time by a Supreme Court Justice Since
    Case Decided in 2000 <http://electionlawblog.org/?p=51692>

Posted on June 17, 2013 10:04 am <http://electionlawblog.org/?p=51692> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Josh Blackman notes 
<http://joshblackman.com/blog/2013/06/17/justice-thomas-cites-the-bush-v-gore-unprecedent-in-arizona-dissent/> 
this line in a footnote in Justice Thomas's dissent: "This Court has 
recognized, however, that "the state legislature's power to select the 
manner for appointing [presidential] electors is plenary; it may, if it 
chooses, select the electors itself." Bush v. Gore, 531 U. S. 98, 104 
(2000) (per curiam) (citing U. S. Const., Art. II, §1, and McPherson v. 
Blacker, 146 U. S. 1, 35 (1892)."

Josh:

    I have previously called Bush v. Gore an "unprecedent
    <http://joshblackman.com/blog/2013/04/04/the-unprecedent/>." Because
    the Court made it clear that this case should not be cited to govern
    any other case.

    Our consideration is limited to the present circumstances, for the
    problem of equal protection in election processes generally presents
    many complexities.

    A quick Westlaw search reveals that this is the *first* time any
    Justice has actually cited Bush v. Gore. A law review article by
    Rick Hasen with "Bush v. Gore" in the title is cited in Citizens United.

    Notably, no one else joined Justice Thomas's dissent.

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Posted in Bush v. Gore reflections <http://electionlawblog.org/?cat=5>, 
Supreme Court <http://electionlawblog.org/?cat=29> | 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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