[EL] Breaking: EAC

[Benjamin Barr]

Flame throwers?  And we were just discussing, at some length, the fine
points of etiquette and polite debate.

What Rick and the reformers forget is that McGahn's positions often wind up
being the settled upon constitutional rule, not the outlier.  There have
been, and continue to be, serious constitutional abuses by our national
speech police, the FEC.  That some commissioners have the wisdom to stand
on constitutional principle and put an end to these abuses is noble, not an
act of flame throwing. If the EAC is engaging in a similar litany of abuses
like the FEC, let's hope any nominees hold similar principles.

Forward,

Benjamin Barr



Sent by my Android device. Please excuse any typographical errors.
On Apr 10, 2014 1:21 PM, "Steve Hoersting" <hoersting at gmail.com> wrote:

> Rick,
>
> McGahn was not the way you characterize him. McGahn and his fellow
> commissioners faced a wall precedent that guided their decisions -- very
> wise decisions, as it turns out.
>
> I think what you mean to say is a Federal Election Commission Justice
> Thomas "despised."
>
> Or you mean a Federal Election Commission James Madison "despised."
>
> An FEC John Locke "despised"?
>
> Eventually, you may get to the heart of it: McGahn and his fellow
> travelers are following law.
> On Apr 10, 2014 1:04 PM, "Rick Hasen" <rhasen at law.uci.edu> wrote:
>
>>    Breaking: Republicans Offering Potential Nominees for EAC<http://electionlawblog.org/?p=60329>
>>  Posted on April 10, 2014 10:03 am <http://electionlawblog.org/?p=60329> by
>> Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Bloomberg BNA has a breaking news report saying that the names were put
>> in by Senate Leader McConnell. It quotes a spokesperson for Sen. Roberts,
>> ranking Republican on Rules, that "The ball is with the White House."
>>
>> Lots of questions here.
>>
>> 1. Are these viable Republican nominees?  If not, what will the President
>> do?
>>
>> 2. Why would Republicans do this? Perhaps the calculation is that it is
>> better to have two Republicans to deadlock with the two new Democratic
>> nominees on the commission than to have the two Democrats speak for the
>> Commission--even though two commissioners does not a forum make.
>>
>> 3. Is there any chance there could be common ground at a new EAC?  Or
>> will Republicans come in Don McGahn style, acting as flame throwers at an
>> agency they despise?
>>  [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60329&title=Breaking%3A%20Republicans%20Offering%20Potential%20Nominees%20for%20EAC&description=>
>>   Posted in election administration <http://electionlawblog.org/?cat=18>,
>> Election Assistance Commission <http://electionlawblog.org/?cat=34>, 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 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.edu
>> hhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>>
>>
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>
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