[EL] ELB News and Commentary 3/7/13
Rick Hasen
rhasen at law.uci.edu
Wed Mar 6 21:17:40 PST 2013
"Rand Paul Does Not Go Quietly Into the Night"
<http://electionlawblog.org/?p=48119>
Posted on March 6, 2013 9:16 pm <http://electionlawblog.org/?p=48119> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT's The Caucus report
<http://thecaucus.blogs.nytimes.com/2013/03/06/rand-paul-does-not-go-quietly-into-the-night/?hp>s.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48119&title=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27> | Comments Off
"Charity Takes Gun Lobby Closer to Its Quarry"
<http://electionlawblog.org/?p=48115>
Posted on March 6, 2013 9:07 pm <http://electionlawblog.org/?p=48115> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2013/03/07/us/politics/congressional-sportsmens-foundation-promotes-gun-lobby-access.html?ref=politics>
"On a Monday evening in early February, two months into a national
debate over gun violence after the massacre at a Connecticut elementary
school, representatives of the firearms industry were wining and dining
lawmakers in Washington."
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48115&title=%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in conflict of interest laws
<http://electionlawblog.org/?cat=20>, lobbying
<http://electionlawblog.org/?cat=28> | Comments Off
Linda Greenhouse on Shelby County Argument
<http://electionlawblog.org/?p=48112>
Posted on March 6, 2013 6:27 pm <http://electionlawblog.org/?p=48112> by
Rick Hasen <http://electionlawblog.org/?author=3>
Her Opinionator column
<http://opinionator.blogs.nytimes.com/2013/03/06/a-big-new-power/>
concludes:
The Roberts court stands on the brink of making an error of historic
proportions. A needless and reckless aggrandizement of power in one
case to satisfy the current majority's agenda will erode the court's
authority over time.
But there was no sign from the majority last week of an appetite for
stepping back this time, as the court did in its last confrontation
with Section 5 four years ago. Justice Scalia -- he who flaunts his
refusal to join any portion of any opinion that cites legislative
history -- returned repeatedly to his view that manifest
Congressional support for the Voting Rights Act was somehow
illegitimate, not to be taken at face value. The problem was, he
said, that members of Congress "are going to lose votes if they do
not re-enact the Voting Rights Act."
Justice Scalia, that's called democracy.
Or it was.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48112&title=Linda%20Greenhouse%20on%20Shelby%20County%20Argument&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"Senate Democrats Threaten To Reignite Filibuster Reform"
<http://electionlawblog.org/?p=48109>
Posted on March 6, 2013 6:01 pm <http://electionlawblog.org/?p=48109> by
Rick Hasen <http://electionlawblog.org/?author=3>
TPM
<http://tpmdc.talkingpointsmemo.com/2013/03/jeff-merkley-calls-for-reigniting-filibuster-reform.php?ref=fpa>:
"Senate Republicans have unleashed a string of filibusters since the
rules reform deal, which did not change the 60-vote threshold, and was
enacted in January. They include the first-ever filibuster of a
secretary of defense nominee (Chuck Hagel), a letter by 43 senators
vowing to filibuster any nominee to lead the Consumer Financial
Protection Bureau, the filibuster of a bill to avoid sequestration, and
the filibuster of judicial nominee Caitlin Halligan. It was the Halligan
filibuster Wednesday morning that set off Durbin and Merkley."
Meanwhile, Sen. Rand Paul's engaging in an old-fashioned talking
filibuster
<http://www.washingtonpost.com/blogs/post-politics/wp/2013/03/06/rand-paul-begins-talking-filibuster-against-john-brennan/>
right now entering its 8th hour. "I will speak until I can no longer speak."
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48109&title=%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27> | Comments Off
"Voting Rights in Massachusetts and Mississippi"
<http://electionlawblog.org/?p=48106>
Posted on March 6, 2013 5:53 pm <http://electionlawblog.org/?p=48106> by
Rick Hasen <http://electionlawblog.org/?author=3>
Ilya Shapiro weighs in
<http://www.cato.org/blog/voting-rights-massachusetts-mississippi> on
the Chief Justice's remarks in the /Shelby County /case, concluding: "To
be clear, I'm not suggesting that Massachusetts is a hotbed of racism
and should be subject to Section 5. Instead, I'm saying that
Mississippi -- the whole broader South -- has changed, obviating the
need, and therefore constitutional justification, for Section 5."
Jon Stewart for his part weighed in
<http://www.thedailyshow.com/watch/tue-march-5-2013/ballots-of-the-southern-wild>on
Northern racism: "Yeah, we've been to Boston."
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48106&title=%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"Chris Coons Plotting Legislative Response If Voting Rights Act Is
Gutted" <http://electionlawblog.org/?p=48103>
Posted on March 6, 2013 5:49 pm <http://electionlawblog.org/?p=48103> by
Rick Hasen <http://electionlawblog.org/?author=3>
HuffPo reports
<http://www.huffingtonpost.com/2013/03/06/chris-coons-voting-rights-act_n_2821066.html?utm_hp_ref=politics>.
I've advocated
<http://blogs.reuters.com/great-debate/2013/01/30/if-the-court-strikes-section-5-of-voting-rights-act/>
making contingency plans now, because I expect there to be a political
opening for new voting rights legislation if the Court strikes section 5
in /Shelby County/. I think Republicans will be looking for a way to
militate against the negative fallout with minority voters if the five
Republican-appointed Justices vote against this crown jewel of the civil
rights movement.
I've also predicted that there will be a battle between the civil rights
community and the election reform community over whether a new VRA
should be race-based or not.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48103&title=%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in election administration <http://electionlawblog.org/?cat=18>,
Supreme Court <http://electionlawblog.org/?cat=29>, The Voting Wars
<http://electionlawblog.org/?cat=60>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
"2013 Edition of Every Vote Equal: The case for the National Popular
Vote Plan" <http://electionlawblog.org/?p=48101>
Posted on March 6, 2013 5:46 pm <http://electionlawblog.org/?p=48101> by
Rick Hasen <http://electionlawblog.org/?author=3>
FairVote
<http://www.fairvote.org/2013-edition-of-every-vote-equal-the-case-for-the-national-popular-vote-plan#.UTfxHxm66gg>:
"This new edition features an expanded section addressing myths about
the Electoral College and the National Popular Vote, with a wide-ranging
information about recounts, the effects of extreme weather on elections,
out-of-state presidential electors, and much, much more. It is free to
download the book <http://www.everyvoteequal.com> (or individual
chapters). Be sure to check FairVote's work on this issue
<http://www.fairvote.org/national-popular-vote> and the website of the
organization leading the lobbying campaign to ensure that every vote in
presidential elections is equal, National Popular Vote
<http://www.nationalpopularvote.com>."
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48101&title=%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in electoral college <http://electionlawblog.org/?cat=44> |
Comments Off
"Foreword: The State of the Republican Form of Government in
Montana" <http://electionlawblog.org/?p=48098>
Posted on March 6, 2013 4:29 pm <http://electionlawblog.org/?p=48098> by
Rick Hasen <http://electionlawblog.org/?author=3>
Anthony Johnstone has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2229543>on SSRN
(forthcoming, /Montana Law Review/). Here is the abstract:
This foreword situates Montana's experience in broader themes of
federal intervention in state republicanism. The foreword has two
parts. Part I considers the recent federal constitutional challenges
that dismantled elements of the republican form of government that
prevailed in Montana for the past century. The Supreme Court's curt
decision in American Tradition Partnership represents a
nationalizing approach toward state campaign finance, both because
it does not distinguish between state and federal regulation of
politics, and because it facilitates the increased influence of
national political forces that can overwhelm state campaigns. That
trend is evident in subsequent litigation in Lair v. Murry and
similar cases that continued the federal judicial deregulation of
Montana politics with an unusually disruptive effect on the 2012
election. Not until these federal challenges abated, temporarily,
did the state courts have the opportunity to consider the concrete
interests of Montanans, and the voters have their say.
Part II considers Montana's response to the federal constitutional
challenges. That response began even before the final resolution of
American Tradition Partnership with the proposal of I-166, an
initiative rebuking Citizens United and proposing "a level playing
field in campaign spending" that included prohibitions on corporate
campaign expenditures. Montana voters enacted that initiative by the
same 3-to-1 margin that supported the Corrupt Practices Act a
century before, but by the election the Supreme Court's decision had
mooted the initiative's policy against corporate campaign spending.
What remains is the voters' overwhelming support for the principle
of a "level playing field." While the Supreme Court ruled out the
most direct means of ensuring equality in campaign finance by
"leveling down" corporate and other expenditures, there are several
policy reforms Montana lawmakers can consider to fulfill the
principle of greater political equality within the constraints
imposed by the current federal constitutional regime. These include
ensuring all campaign actors play by the same rules of
accountability, strengthening the enforcement of those rules, and
"leveling up" citizen participation in campaign finance. Although
the anti-corporate policy of I-166 is a lost legislative opportunity
to implement more practical reforms, its pro-equality democratic
principle presents a new political opportunity for the people to
reclaim their role in reforming republicanism in Montana.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48098&title=%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in campaign finance <http://electionlawblog.org/?cat=10> |
Comments Off
"True the Vote continues to print untrue things"
<http://electionlawblog.org/?p=48095>
Posted on March 6, 2013 4:26 pm <http://electionlawblog.org/?p=48095> by
Rick Hasen <http://electionlawblog.org/?author=3>
Paul Gronke blogs
<http://earlyvoting.net/commentary/true-the-vote-continues-to-print-untrue-things/>.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48095&title=%E2%80%9CTrue%20the%20Vote%20continues%20to%20print%20untrue%20things%E2%80%9D&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
Conference: Under the Influence? Interest Groups, Lobbying, and
Campaign Finance <http://electionlawblog.org/?p=48091>
Posted on March 6, 2013 3:35 pm <http://electionlawblog.org/?p=48091> by
Dan Tokaji <http://electionlawblog.org/?author=5>
The Baldy Center at SUNY Buffalo is sponsoring a conference this Friday
and Saturday
<http://baldycenter.info/conferences/lobbying-and-campaign/schedule.html>,
March 8 and 9, 2013 on the interaction between lobbying and campaign
finance. Michael Halberstam of SUNY Buffalo Law School is the lead
organizer of the conference, which has a stellar lineup
<http://baldycenter.info/conferences/lobbying-and-campaign/bios.html>,
including Nick Allard, Frank Baumgartner, Richard Briffault, Matthew
Dimick, Lee Drutman, James Gardner, Heather Gerken, Craig Holman, Robert
Jackson, Anthony Johnstone, Michael Kang, Stuart Lazar, Susan Lerner,
Lloyd Mayer, Amy McKay, Zephyr Teachout, Dan Tokaji, and Ciara
Torres-Spelliscy. Papers from the conference will be published in
Election Law Journal <http://moritzlaw.osu.edu/electionlaw/elj.php>.
More information is available here
<http://baldycenter.info/conferences/lobbying-and-campaign/schedule.html>.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48091&title=Conference%3A%20Under%20the%20Influence%3F%20Interest%20Groups%2C%20Lobbying%2C%20and%20Campaign%20Finance&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in campaign finance <http://electionlawblog.org/?cat=10>,
election law biz <http://electionlawblog.org/?cat=51>, legislation and
legislatures <http://electionlawblog.org/?cat=27>, lobbying
<http://electionlawblog.org/?cat=28> | Comments Off
"Fla. House passes election overhaul bill"
<http://electionlawblog.org/?p=48086>
Posted on March 6, 2013 2:55 pm <http://electionlawblog.org/?p=48086> by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Miami Herald/ reports.
<http://www.miamiherald.com/2013/03/05/3268557/fla-house-passes-election-overhaul.html>"On
the first day of the annual legislative session, House members approved
118-1 a bill (HB 7013) that increases the permitted days of early voting
from eight to 14. It allows early-voting polling places at more kinds of
sites, like fairgrounds, civic centers and convention centers. And it
sets a 75-word limit on proposed initial ballot summaries to
constitutional amendments."
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48086&title=%E2%80%9CFla.%20House%20passes%20election%20overhaul%20bill%E2%80%9D&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"To Mark Watergate's 40th Anniversary, Common Cause to Convene Two
-Day Conference at National Press Club; Watergate figures, policy
experts, reformers, journalists to e xplore lessons learned and
their resonance today" <http://electionlawblog.org/?p=48083>
Posted on March 6, 2013 1:45 pm <http://electionlawblog.org/?p=48083> by
Rick Hasen <http://electionlawblog.org/?author=3>
See the program
<http://www.commoncause.org/atf/cf/%7Bfb3c17e2-cdd1-4df6-92be-bd4429893665%7D/PROGRAMWATERGATE.PDF>
and the press advisory
<http://www.commoncause.org/atf/cf/%7Bfb3c17e2-cdd1-4df6-92be-bd4429893665%7D/WATERGATE%20ADVISORY%203-4.PDF>.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48083&title=%E2%80%9CTo%20Mark%20Watergate%E2%80%99s%2040th%20Anniversary%2C%20Common%20Cause%20to%20Convene%20Two%20-Day%20Conference%20at%20National%20Press%20Club%3B%20Watergate%20figures%2C%20policy%20experts%2C%20reformers%2C%20journalists%20to%20e%20xplore%20lessons%20learned%20and%20their%20resonance%20today%E2%80%9D&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in campaigns <http://electionlawblog.org/?cat=59>, chicanery
<http://electionlawblog.org/?cat=12> | Comments Off
"Inquirer Editorial: Another attempt to rig presidential elections"
<http://electionlawblog.org/?p=48080>
Posted on March 6, 2013 1:39 pm <http://electionlawblog.org/?p=48080> by
Rick Hasen <http://electionlawblog.org/?author=3>
See here.
<http://www.philly.com/philly/opinion/20130306_Inquirer_Editorial__Another_attempt_to_rig_presidential_elections.html?c=0.5345463094809663&posted=y&viewAll=y#comments>
And see this editorial
<http://www.registerguard.com/web/news/sevendays/29482216-47/votes-electoral-states-vote-presidential.html.csp>
on NPV.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48080&title=%E2%80%9CInquirer%20Editorial%3A%20Another%20attempt%20to%20rig%20presidential%20elections%E2%80%9D&description=%E2%80%9CRand%20Paul%20Does%20Not%20Go%20Quietly%20Into%20the%20Night%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A16%20pm%20by%20Rick%20Hasen%0A%0ANYT%E2%80%99s%20The%20Caucus%20reports.%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CCharity%20Takes%20Gun%20Lobby%20Closer%20to%20Its%20Quarry%E2%80%9D%0APosted%20on%20March%206%2C%202013%209%3A07%20pm%20by%20Rick%20Hasen%0A%0ANYT%3A%20%E2%80%9COn%20a%20Monday%20evening%20in%20early%20February%2C%20two%20months%20into%20a%20national%20debate%20over%20gun%20violence%20after%20the%20massacre%20at%20a%20Connecticut%20elementary%20school%2C%20representatives%20of%20the%20firearms%20industry%20were%20wining%20and%20dining%20lawmakers%20in%20Washington.%E2%80%9D%0AShare%0APosted%20in%20conflict%20of%20interest%20laws%2C%20lobbying%09%7C%20Comments%20Off%0ALinda%20Greenhouse%20on%20Shelby%20County%20Argument%0APosted%20on%20March%206%2C%202013%206%3A27%20pm%20by%20Rick%20Hasen%0A%0AHer%20Opinionator%20column%20concludes%3A%0A%0A%20%20%20%20The%20Roberts%20court%20stands%20on%20the%20brink%20of%20making%20an%20error%20of%20historic%20proportions.%20A%20needless%20and%20reckless%20aggrandizement%20of%20power%20in%20one%20case%20to%20satisfy%20the%20current%20majority%E2%80%99s%20agenda%20will%20erode%20the%20court%E2%80%99s%20authority%20over%20time.%0A%0A%20%20%20%20But%20there%20was%20no%20sign%20from%20the%20majority%20last%20week%20of%20an%20appetite%20for%20stepping%20back%20this%20time%2C%20as%20the%20court%20did%20in%20its%20last%20confrontation%20with%20Section%205%20four%20years%20ago.%20Justice%20Scalia%20%E2%80%93%20he%20who%20flaunts%20his%20refusal%20to%20join%20any%20portion%20of%20any%20opinion%20that%20cites%20legislative%20history%20%E2%80%93%20returned%20repeatedly%20to%20his%20view%20that%20manifest%20Congressional%20support%20for%20the%20Voting%20Rights%20Act%20was%20somehow%20illegitimate%2C%20not%20to%20be%20taken%20at%20face%20value.%20The%20problem%20was%2C%20he%20said%2C%20that%20members%20of%20Congress%20%E2%80%9Care%20going%20to%20lose%20votes%20if%20they%20do%20not%20re-enact%20the%20Voting%20Rights%20Act.%E2%80%9D%0A%0A%20%20%20%20Justice%20Scalia%2C%20that%E2%80%99s%20called%20democracy.%0A%0A%20%20%20%20Or%20it%20was.%0A%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CSenate%20Democrats%20Threaten%20To%20Reignite%20Filibuster%20Reform%E2%80%9D%0APosted%20on%20March%206%2C%202013%206%3A01%20pm%20by%20Rick%20Hasen%0A%0ATPM%3A%20%E2%80%9CSenate%20Republicans%20have%20unleashed%20a%20string%20of%20filibusters%20since%20the%20rules%20reform%20deal%2C%20which%20did%20not%20change%20the%2060-vote%20threshold%2C%20and%20was%20enacted%20in%20January.%20They%20include%20the%20first-ever%20filibuster%20of%20a%20secretary%20of%20defense%20nominee%20%28Chuck%20Hagel%29%2C%20a%20letter%20by%2043%20senators%20vowing%20to%20filibuster%20any%20nominee%20to%20lead%20the%20Consumer%20Financial%20Protection%20Bureau%2C%20the%20filibuster%20of%20a%20bill%20to%20avoid%20sequestration%2C%20and%20the%20filibuster%20of%20judicial%20nominee%20Caitlin%20Halligan.%20It%20was%20the%20Halligan%20filibuster%20Wednesday%20morning%20that%20set%20off%20Durbin%20and%20Merkley.%E2%80%9D%0A%0AMeanwhile%2C%20Sen.%20Rand%20Paul%E2%80%99s%20engaging%20in%20an%20old-fashioned%20talking%20filibuster%20right%20now%20entering%20its%208th%20hour.%20%E2%80%9CI%20will%20speak%20until%20I%20can%20no%20longer%20speak.%E2%80%9D%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CVoting%20Rights%20in%20Massachusetts%20and%20Mississippi%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A53%20pm%20by%20Rick%20Hasen%0A%0AIlya%20Shapiro%20weighs%20in%20on%20the%20Chief%20Justice%E2%80%99s%20remarks%20in%20the%20Shelby%20County%20case%2C%20concluding%3A%20%E2%80%9CTo%20be%20clear%2C%20I%E2%80%99m%20not%20suggesting%20that%20Massachusetts%20is%20a%20hotbed%20of%20racism%20and%20should%20be%20subject%20to%20Section%205.%20%20Instead%2C%20I%E2%80%99m%20saying%20that%20Mississippi%20%E2%80%93%20the%20whole%20broader%20South%20%E2%80%93%20has%20changed%2C%20obviating%20the%20need%2C%20and%20therefore%20constitutional%20justification%2C%20for%20Section%205.%E2%80%9D%0A%0AJon%20Stewart%20for%20his%20part%20weighed%20in%20on%20Northern%20racism%3A%20%E2%80%9CYeah%2C%20we%E2%80%99ve%20been%20to%20Boston.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CChris%20Coons%20Plotting%20Legislative%20Response%20If%20Voting%20Rights%20Act%20Is%20Gutted%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A49%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%20reports.%20I%E2%80%99ve%20advocated%20making%20contingency%20plans%20now%2C%20because%20I%20expect%20there%20to%20be%20a%20political%20opening%20for%20new%20voting%20rights%20legislation%20if%20the%20Court%20strikes%20section%205%20in%20Shelby%20County.%20%20I%20think%20Republicans%20will%20be%20looking%20for%20a%20way%20to%20militate%20against%20the%20negative%20fallout%20with%20minority%20voters%20if%20the%20five%20Republican-appointed%20Justices%20vote%20against%20this%20crown%20jewel%20of%20the%20civil%20rights%20movement.%0A%0AI%E2%80%99ve%20also%20predicted%20that%20there%20will%20be%20a%20battle%20between%20the%20civil%20rights%20community%20and%20the%20election%20reform%20community%20over%20whether%20a%20new%20VRA%20should%20be%20race-based%20or%20not.%0AShare%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9C2013%20Edition%20of%20Every%20Vote%20Equal%3A%20The%20case%20for%20the%20National%20Popular%20Vote%20Plan%E2%80%9D%0APosted%20on%20March%206%2C%202013%205%3A46%20pm%20by%20Rick%20Hasen%0A%0AFairVote%3A%20%E2%80%9CThis%20new%20edition%20features%20an%20expanded%20section%20addressing%20myths%20about%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%2C%20with%20a%20wide-ranging%20information%20about%20recounts%2C%20the%20effects%20of%20extreme%20weather%20on%20elections%2C%20out-of-state%20presidential%20electors%2C%20and%20much%2C%20much%20more.%20It%20is%20free%20to%20download%20the%20book%20%28or%20individual%20chapters%29.%20Be%20sure%20to%20check%20FairVote%E2%80%99s%20work%20on%20this%20issue%20and%20the%20website%20of%20the%20organization%20leading%20the%20lobbying%20campaign%20to%20ensure%20that%20every%20vote%20in%20presidential%20elections%20is%20equal%2C%20National%20Popular%20Vote.%E2%80%9D%0AShare%0APosted%20in%20electoral%20college%09%7C%20Comments%20Off%0A%E2%80%9CForeword%3A%20The%20State%20of%20the%20Republican%20Form%20of%20Government%20in%20Montana%E2%80%9D%0APosted%20on%20March%206%2C%202013%204%3A29%20pm%20by%20Rick%20Hasen%0A%0AAnthony%20Johnstone%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2C%20Montana%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A>
Posted in electoral college <http://electionlawblog.org/?cat=44> |
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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130306/f886e5b5/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130306/f886e5b5/attachment.png>
View list directory