[EL] Posner News and Commentary 10/29/13

Mon Oct 28 20:35:32 PDT 2013

    (I Hope My) Last Posner Post of the Night
    <http://electionlawblog.org/?p=56330>

Posted on October 28, 2013 8:03 pm 
<http://electionlawblog.org/?p=56330>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ari Melber video interview 
<http://www.msnbc.com/the-cycle/watch/posner-on-politics-in-the-courtroom-57973827693> 
with Judge Posner.

Around the 6-minute mark, Judge Posner talks about the voter id 
controversy. "Since [my opinion in 2007],...there's been a lot of 
writing about these [voter id] laws, and there seems to be a good deal 
of evidence that the primary effect of the laws is disenfranchisement of 
eligible voters, rather than what is proper disenfranchisement of 
impersonators and other frauds. So I think we've learned something in 
the last six years. That doesn't mean my opinion was correct in 2006. We 
just didn't know....we just didn't have the information. It was 
guesswork...."

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D56330&title=%28I%20Hope%20My%29%20Last%20Posner%20Post%20of%20the%20Night&description=>
Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>

    Judge Posner and the Hokey Pokey Principle
    <http://electionlawblog.org/?p=56327>

Posted on October 28, 2013 6:43 pm 
<http://electionlawblog.org/?p=56327>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Will Baude 
<http://www.volokh.com/2013/10/28/posners-face-crawford-continues-turning/>: 
"Posner's 'About Face' on Crawford Continues Turning About"

Not sure either Ed Whelan or I are using this as a "hook" for 
blogging---whatever that means.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D56327&title=Judge%20Posner%20and%20the%20Hokey%20Pokey%20Principle&description=>
Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>

    "Delaware Faces Lawsuit Over Campaign Finance Law That Targets
    Political Speech" <http://electionlawblog.org/?p=56325>

Posted on October 28, 2013 6:41 pm 
<http://electionlawblog.org/?p=56325>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Reason blogs 
<http://reason.com/blog/2013/10/24/delaware-faces-lawsuit-over-campaign-fin> 
on this new lawsuit 
<http://www.campaignfreedom.org/litigation/current-litigation/delaware-strong-families-v-biden/> 
from CCP.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D56325&title=%E2%80%9CDelaware%20Faces%20Lawsuit%20Over%20Campaign%20Finance%20Law%20That%20Targets%20Political%20Speech%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>

    "Parchment Barriers: Why Tillman and Natelson Are Wrong about the
    Anti-Corruption Principle" <http://electionlawblog.org/?p=56323>

Posted on October 28, 2013 6:39 pm 
<http://electionlawblog.org/?p=56323>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Zehpyr Teachout blogs <http://tinyurl.com/pdsrysa>.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D56323&title=%E2%80%9CParchment%20Barriers%3A%20Why%20Tillman%20and%20Natelson%20Are%20Wrong%20about%20the%20Anti-Corruption%20Principle%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>

    Judge Posner Splits Hairs Ever More Finely
    <http://electionlawblog.org/?p=56321>

Posted on October 28, 2013 2:42 pm 
<http://electionlawblog.org/?p=56321>by Rick Hasen 
<http://electionlawblog.org/?author=3>

He tells the WSJ 
<http://blogs.wsj.com/law/2013/10/28/judge-posner-walks-back-comments-to-huffpost/>:

    In context, with particular reference to what I said after "yes,
    absolutely," my point was that we judges in the Crawford case did
    not have sufficient information about the consequences of an
    Indiana-type photo ID voter qualification law to make a reliable
    decision regarding its constitutionality. Experience with the photo
    ID laws since Crawford (decided six years ago) suggests that
    Crawford may well have been wrong.

    I think it possible too that I didn't hear the interviewer's
    question exactly; that what I heard was not "do you think you got it
    wrong" but "do you think you may have got it wrong." To that, "yes
    absolutely" would state my views exactly.

    My little piece in the New Republic is the fullest and most accurate
    summary of my views on the matter.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D56321&title=Judge%20Posner%20Splits%20Hairs%20Ever%20More%20Finely&description=>
Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>

    When Was Judge Posner Right on Voter ID and Crawford?
    <http://electionlawblog.org/?p=56319>

Posted on October 28, 2013 11:15 am 
<http://electionlawblog.org/?p=56319>by Rick Hasen 
<http://electionlawblog.org/?author=3>

He was wrong <http://t.co/Rf75tC6Dcx> the first time,right 
<http://t.co/HvOrvyXrnI> the second time, and wrong 
<http://t.co/3FGdCZbiOi> the third time.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D56319&title=When%20Was%20Judge%20Posner%20Right%20on%20Voter%20ID%20and%20Crawford%3F&description=>
Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>

-- 
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://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20131028/9509d6f3/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/20131028/9509d6f3/attachment.png>