[EL] more news 6/17/13

[Marty Lederman]

>From note 10 of the Scalia opinion:

"The EAC currently lacks a quorum—indeed, the Commission has not a single
active Commissioner. If the EAC proves unable to act on a renewed request,
Arizona would be free to seek a writ of mandamus to “compel agency action
unlawfully withheld or unreasonably delayed.” 5 U.S.C. §
706(1)<http://web2.westlaw.com/find/default.wl?mt=208&db=1000546&docname=5USCAS706&rp=%2ffind%2fdefault.wl&findtype=L&ordoc=2030794225&tc=-1&vr=2.0&fn=_top&sv=Split&tf=-1&referencepositiontype=T&pbc=7713617B&referenceposition=SP%3bf1c50000821b0&rs=WLW13.04>.
It is a nice point, which we need not resolve here, whether a court can
compel agency action that the agency itself, for lack of the statutorily
required quorum, is incapable of taking. If the answer to that is no, *Arizona
might then be in a position to assert a constitutional right to demand
concrete evidence of citizenship apart from the Federal Form."
*

On Mon, Jun 17, 2013 at 5:04 PM, Trevor Potter <tpotter at capdale.com> wrote:

> Perhaps the Court is unaware that the EAC has no quorum and has failed to
> function? Or that Congress shows no sign of confirming new Commissioners?
> What append if Arizona petitions the EAC as the Court states it should, but
> the EAC has no ability to respond because it is not currently functioning
> because of the current deadlock in Congress ...
> Trevor
>
> Sent from my iPad
>
> On Jun 17, 2013, at 4:16 PM, "Marty Lederman" <lederman.marty at gmail.com>
> wrote:
>
>
>
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