[EL] ELB New and Commentary 5/20/13
Rick Hasen
rhasen at law.uci.edu
Mon May 20 07:38:17 PDT 2013
<http://electionlawblog.org/>
Nice Touch <http://electionlawblog.org/?p=50686>
Posted on May 20, 2013 7:30 am <http://electionlawblog.org/?p=50686> by
Rick Hasen <http://electionlawblog.org/?author=3>
Chief Justice Roberts cites Justice Kagan's and Justice Breyer's
academic writings against them in his dissent in today's important
statutory interpretation opinion on Chevron deference, /Arlington v. FCC
<http://www.supremecourt.gov/opinions/12pdf/11-1545_1b7d.pdf>. /See page
3 of the dissent (p. 29 of pdf).
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Posted in Supreme Court <http://electionlawblog.org/?cat=29> | Comments Off
Supreme Court Summarily Affirms in Mississippi Redistricting Case
<http://electionlawblog.org/?p=50683>
Posted on May 20, 2013 7:23 am <http://electionlawblog.org/?p=50683> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here <http://www.supremecourt.gov/orders/courtorders/052013zor_m6io.pdf>
is the order list and here's the background
<http://redistricting.lls.edu/cases.php#MS> from Justin Levitt's All
About Redistricting site.
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Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme
Court <http://electionlawblog.org/?cat=29>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
"A bushel of Pinocchios for IRS's Lois Lerner"
<http://electionlawblog.org/?p=50680>
Posted on May 20, 2013 7:15 am <http://electionlawblog.org/?p=50680> by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo's fact checker
<http://www.washingtonpost.com/blogs/fact-checker/post/a-bushel-of-pinocchios-for-irss-lois-lerner/2013/05/19/771687d2-bfdd-11e2-9b09-1638acc3942e_blog.html>
gives Lerner Four Pinocchios for a number of statements she made in
connection with the IRS controversy.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Time to shed light on disclosure bill"
<http://electionlawblog.org/?p=50678>
Posted on May 20, 2013 7:14 am <http://electionlawblog.org/?p=50678> by
Rick Hasen <http://electionlawblog.org/?author=3>
David Keating and Eric Wang
<http://dyn.politico.com/printstory.cfm?uuid=12C4CCC7-A8A0-4289-9A78-AD760C4B2BB1>:
"For a bill supposedly about "disclosure," Sens. Ron Wyden (D-Ore.) and
Lisa Murkowski (R-Alaska) gave surprisingly few details about their
Follow the Money Act in their POLITICO op-ed, ("Shedding Light on
Anonymous Ads,"
<http://www.politico.com/story/2013/05/bill-tests-truth-in-campaign-ads-91224.html>
May 13). While they wrote in broad generalities about requiring "full
transparency on the part of independent political spenders," they had
already articulated that principle in a Washington Post op-ed last
December
<http://articles.washingtonpost.com/2012-12-27/opinions/36030576_1_corporations-and-political-organizations-federal-political-activity-campaign>.
Five months later, they now have a completed bill pending in the Senate
yet shy away from discussing the legislative details. What are they hiding?"
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"IRS probe ignored most influential groups"
<http://electionlawblog.org/?p=50675>
Posted on May 20, 2013 7:11 am <http://electionlawblog.org/?p=50675> by
Rick Hasen <http://electionlawblog.org/?author=3>
AP
<http://hosted.ap.org/dynamic/stories/U/US_IRS_OUTSIDE_GROUPS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT>:
"There's an irony in the Internal Revenue Service's crackdown on
conservative groups. The nation's tax agency has admitted to
inappropriately scrutinizing smaller tea party organizations that
applied for tax-exempt status, and senior Treasury Department officials
were notified in the midst of the 2012 presidential election season that
an internal investigation was underway. But the IRS largely maintained a
hands-off policy with the much larger, big-budget organizations on the
left and right that were most influential in the elections and are
organized under a section of the tax code that allows them to hide their
donors."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
Bauer on Samples and Corruption/Separation of Powers
<http://electionlawblog.org/?p=50672>
Posted on May 20, 2013 7:07 am <http://electionlawblog.org/?p=50672> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here
<http://www.moresoftmoneyhardlaw.com/2013/05/corruption-separation-of-powers/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"I.R.S. Inquiry Status Told to White House in April"
<http://electionlawblog.org/?p=50669>
Posted on May 19, 2013 10:36 pm <http://electionlawblog.org/?p=50669> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/2013/05/20/us/politics/white-house-told-of-irs-scrutiny-of-groups-in-april.html?hp&_r=0>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Is nuclear winter coming to the Senate this summer?"
<http://electionlawblog.org/?p=50666>
Posted on May 19, 2013 9:54 pm <http://electionlawblog.org/?p=50666> by
Rick Hasen <http://electionlawblog.org/?author=3>
Sarah Binder
<http://themonkeycage.org/2013/05/20/is-nuclear-winter-coming-to-the-senate-this-summer/>
sees confusion ahead.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, political parties
<http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68> | Comments Off
"How the IRS seeded the clouds in 2010 for a political deluge three
years later" <http://electionlawblog.org/?p=50663>
Posted on May 19, 2013 7:05 pm <http://electionlawblog.org/?p=50663> by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/politics/how-the-irs-seeded-the-clouds-in-2010-for-a-political-deluge-three-years-later/2013/05/19/b707d940-bf10-11e2-97d4-a479289a31f9_story.html>:
"The story of the IRS's policy of targeting right-leaning groups, which
played out over several years in Cincinnati, Washington and dozens of
other cities and towns, was one of a bureaucracy caught in a morass of
uncertainty and outside pressure. The actions also confirmed the
suspicions of many conservatives after they had complained for years of
harassment by the tax agency."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"'Who's going to jail' over IRS scandal? Probably nobody."
<http://electionlawblog.org/?p=50659>
Posted on May 19, 2013 7:03 pm <http://electionlawblog.org/?p=50659> by
Rick Hasen <http://electionlawblog.org/?author=3>
Aaron Blake writes
<http://www.washingtonpost.com/blogs/the-fix/wp/2013/05/18/whos-going-to-jail-over-irs-scandal-probably-nobody/>
for WaPo.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Dan Pfeiffer: Legal questions in IRS scandal 'irrelevant' to
'inexcusable' actions" <http://electionlawblog.org/?p=50656>
Posted on May 19, 2013 7:00 pm <http://electionlawblog.org/?p=50656> by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports
<http://www.washingtonpost.com/blogs/post-politics/wp/2013/05/19/dan-pfeiffer-legal-questions-in-irs-scandal-irrelevant-to-inexcusable-actions/?hpid=z1>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Obama's Counsel Told of IRS Audit Findings Weeks Ago"
<http://electionlawblog.org/?p=50654>
Posted on May 19, 2013 6:58 pm <http://electionlawblog.org/?p=50654> by
Rick Hasen <http://electionlawblog.org/?author=3>
WSJ
<http://online.wsj.com/article/SB10001424127887323648304578493081906824260.html?mod=djemalertNEWS>:
"The White House's chief lawyer learned weeks ago that an audit of the
Internal Revenue Service likely would show that agency employees
inappropriately targeted conservative groups, a senior White House
official said Sunday. That disclosure has prompted a debate over whether
the president should have been notified at that time."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Is Dependence Corruption the Solution to America's Campaign Finance
Problems?" <http://electionlawblog.org/?p=50651>
Posted on May 19, 2013 6:56 pm <http://electionlawblog.org/?p=50651> by
Rick Hasen <http://electionlawblog.org/?author=3>
Bruce Cain has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2267187>on SSRN
(forthcoming, /California Law Review). /Here is the abstract:
Lawrence Lessig has suggested that the answer to contemporary
campaign finance issues is reframing it as dependence corruption
problem. I examine the merits of this approach from a political
science perspective, and offer an alternative way to look at the
same problem. Professor Lessig's original intent account rests on
too many contestable counterfactual assumptions about what the
Founders would have thought about conditions and political practices
that they could not have imagined in their day. Moreover, the
argument that the Constitution's intent is direct popular
sovereignty alone ignores the Electoral College and US Senate
elections based on geography. Nonetheless, I suggest that a simpler
alternative is to think of the problem as one of democratic
distortion, and that the solution under the current constitutional
constraints requires continuing efforts to open up donor
participation to all voters, fixing the broken disclosure system and
preserving the current system of congestion pricing.
This is a must-read from Bruce, responding toLarry's Jorde lecture
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2257948>. I
particularly like Bruce's take on Larry's originalist argument for the
"dependence corruption" rationale. (For those not following earlier,
continues a conversation on "dependence corruption" and political
equality begun with my /Harvard Law Review/ book review
<http://www.harvardlawreview.org/issues/126/december12/Book_Review_9410.php>
of Larry's book, Republic, Lost
<http://www.amazon.com/Republic-Lost-Money-Corrupts-Congress--/dp/0446576433/ref=sr_1_1?ie=UTF8&qid=1367256783&sr=8-1&keywords=republic%2C+lost>,
followed by Larry's reply
<http://www.harvardlawreview.org/issues/126/december12/forum_983.php> at
the /Harvard Law Review //Forum/, and continued with my Response
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2220851> to be
published in the /Election Law Journal/.)
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
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