[EL] Arizona transcript

[Rick Hasen]

    Dodging a Bullet in the Arizona Inter-Tribal Case?
    <http://electionlawblog.org/?p=48494>

Posted on March 18, 2013 4:08 pm <http://electionlawblog.org/?p=48494> 
by Rick Hasen <http://electionlawblog.org/?author=3>

I have know had a chance to reviewthe transcript 
<http://www.supremecourt.gov/oral_arguments/argument_transcripts/12-71.pdf> 
in the Arizona case, argued today in the Supreme Court. I agree with 
Adam Liptak 
<http://www.nytimes.com/2013/03/19/us/politics/supreme-court-justices-appear-divided-on-arizona-voting-law.html> 
that the Justices appear somewhat divided along ideological lines, 
although Justice Kennedy's questioning suggests he could well affirm the 
result of the lower court (though not necessarily the reasoning) to 
reject the Arizona form. It also would not surprise me, if the Court 
rejects the Arizona form, to see Justice Scalia concur in the result 
with a suggestion that Arizona should refile its case against the zombie 
U.S. Election Assistance Commission for its failure to include its 
citizenship information on the federal form. Justice Scalia appears to 
think the procedural posture of this case is wrong, though on the merits 
of reading the statute he thinks that the federal government must allow 
states to require additional proof of qualifications before allowing 
someone to register.  The Chief Justice did not say much at the 
argument, and I take it that he could go either way as well.

But what is most significant to me from the argument is the failure to 
focus on the constitutional power under the Elections Clause. I called 
this <http://electionlawblog.org/?p=48440> a potential "sleeper case of 
the year" because there was the potential for the Court to rework 
state-federal power relations to specify rules in relation to federal 
elections. Justice Kennedy did ask one question about the standard of 
reviewing congressional power under the Clause, but it seems far more 
likely here that the case will turn on issues of statutory 
interpretation, or the failure to properly present a challenge to the 
federal form, and it will not be a major constitutional case on the 
meaning of the Elections Clause.

Expect an opinion by the end of June.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48494&title=Dodging%20a%20Bullet%20in%20the%20Arizona%20Inter-Tribal%20Case%3F&description=>
Posted in Elections Clause <http://electionlawblog.org/?cat=70> | 
Comments Off |
On 3/18/13 10:04 AM, Rick Hasen wrote:
>
>
>     Transcript Posted in Arizona v. Inter-Tribal Case
>     <http://electionlawblog.org/?p=48488>
>
> Posted on March 18, 2013 10:04 am 
> <http://electionlawblog.org/?p=48488> by Rick Hasen 
> <http://electionlawblog.org/?author=3>
>
> You can read it here 
> <http://www.supremecourt.gov/oral_arguments/argument_transcripts/12-71.pdf>.
>
> I'm off to class and then meetings, so it will be a while before I can 
> read this and post my thoughts.
>
> In the meantime, I should have a piece posting at /Slate/ at any time 
> on the DOJ voting section and the Inspector General report.
>
> Back later.
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48488&title=Transcript%20Posted%20in%20Arizona%20v.%20Inter-Tribal%20Case&description=>
> Posted in Elections Clause <http://electionlawblog.org/?cat=70> | 
> 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
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election

-- 
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/20130318/86b50c62/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/20130318/86b50c62/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130318/86b50c62/attachment-0001.png>