[EL] ELB News and Commentary 7/23/14
Rick Hasen
rhasen at law.uci.edu
Wed Jul 23 09:03:25 PDT 2014
"Bad Readers: The judges who ruled against Obamacare are following
Scalia down a terrible path of interpretation."
<http://electionlawblog.org/?p=63651>
Posted on July 23, 2014 8:50 am <http://electionlawblog.org/?p=63651>by
Rick Hasen <http://electionlawblog.org/?author=3>
I have written this new Jurisprudence essay
<http://www.slate.com/articles/news_and_politics/jurisprudence/2014/07/d_c_circuit_and_4th_circuit_obamacare_rulings_the_perils_of_following_scalia.html>for
/Slate/. It begins:
Unless you are a lawyer or a glutton for punishment, you probably
want to avoid reading the new D.C. Circuit
<http://www.cadc.uscourts.gov/internet/opinions.nsf/10125254D91F8BAC85257D1D004E6176/$file/14-5018-1503850.pdf>
and 4^th Circuit
<http://www.ca4.uscourts.gov/Opinions/Published/141158.P.pdf>
opinions reaching conflicting results on the legality of key
provisions of the Affordable Care Act---the parts that provide
subsidies for Americans who sign up for health insurance through the
exchanges the law created. The opinions are full of jargon parsing
the intricacies of the mammoth health care law.
But well within the weeds of these lawyerly discussions is a more
fundamental question: Is it the courts' job to make laws work for
the people, or to treat laws as arid linguistic puzzles?
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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>, statutory interpretation
<http://electionlawblog.org/?cat=21>, Supreme Court
<http://electionlawblog.org/?cat=29>
"Cuomo's Office Hobbled State Ethics Inquiries; Gov. Andrew M. Cuomo
and the Short Life of the Moreland Commission"
<http://electionlawblog.org/?p=63649>
Posted on July 23, 2014 8:46 am <http://electionlawblog.org/?p=63649>by
Rick Hasen <http://electionlawblog.org/?author=3>
Blockbuster
<http://www.nytimes.com/2014/07/23/nyregion/governor-andrew-cuomo-and-the-short-life-of-the-moreland-commission.html?hp&action=click&pgtype=Homepage&version=LargeMediaHeadlineSum&module=photo-spot-region®ion=photo-spot&WT.nav=photo-spot>extensive
NYT report. Quite damning.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
chicanery <http://electionlawblog.org/?cat=12>, conflict of interest
laws <http://electionlawblog.org/?cat=20>, ethics investigations
<http://electionlawblog.org/?cat=42>
"Milking the Money Machine" <http://electionlawblog.org/?p=63647>
Posted on July 23, 2014 8:42 am <http://electionlawblog.org/?p=63647>by
Rick Hasen <http://electionlawblog.org/?author=3>
New Tom Edsall NYT column
<http://www.nytimes.com/2014/07/23/opinion/thomas-b-edsall-milking-the-money-machine.html?ref=politics&_r=0>
on parties and campaign finance.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Do Corporations & Unions Face the Same Rules for Political
Spending?" <http://electionlawblog.org/?p=63645>
Posted on July 23, 2014 8:39 am <http://electionlawblog.org/?p=63645>by
Rick Hasen <http://electionlawblog.org/?author=3>
Liz Kennedy and Sean McElwee write
<http://www.demos.org/publication/do-corporations-unions-face-same-rules-political-spending>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"A Surprising Solution to America's Dark Money Problem; Corporations
may hold the key to cleaning up political spending."
<http://electionlawblog.org/?p=63643>
Posted on July 23, 2014 8:35 am <http://electionlawblog.org/?p=63643>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bruce Freed and Karl Sandstrom oped
<http://www.usnews.com/opinion/articles/2014/07/18/corporate-america-may-have-the-answer-for-dark-money-transparency>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Garvey Schubert Barer adds Attorney Brad Deutsch to its Washington,
D.C. office" <http://electionlawblog.org/?p=63641>
Posted on July 23, 2014 8:34 am <http://electionlawblog.org/?p=63641>by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release via email:
Garvey Schubert Barer**has**announced the addition of Attorney Brad
Deutsch to its Washington, D.C. office, where his practice will
focus on Public Policy, Lobbying and Political Law, and on
Communications, Media and Information Technology.
Prior to joining the firm, Brad Deutsch served for eight years as
Chief of Staff and Senior Legal Advisor to Commissioner Steven T.
Walther at the Federal Election Commission, where he had previously
served as Assistant General Counsel. During his tenure at the FEC,
he advised Commissioner Walther, (who served as FEC Chairman in 2009
and as Vice Chairman in 2008), on all aspects of Campaign Finance
Law and Administrative Law. At Garvey Schubert Barer, Brad Deutsch
will provide strategic advice to candidates, political committees,
corporations and trade associations in all areas of Federal and
State Political and Election Law.
Brad Deutsch's practice will also focus on broadcast station
transactions and regulations before the Federal Communications
Commission, where he previously served as Special Assistant to the
Chief of the Mass Media Bureau and as a Supervisory Attorney. Brad
also has extensive experience assisting broadcast clients with
complex transactions, licensing applications and rulemaking
proceedings, derived from his prior work experience in private
practice with the law firm Hogan & Hartson LLP (now renamed Hogan
Lovells US LLP)....
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Posted in election law biz <http://electionlawblog.org/?cat=51>
"Nick Di Iorio, longshot GOP candidate for Congress, signed to star
in reality show about 'unwinnable' races"
<http://electionlawblog.org/?p=63639>
Posted on July 23, 2014 8:31 am <http://electionlawblog.org/?p=63639>by
Rick Hasen <http://electionlawblog.org/?author=3>
NYDN reports.
<http://www.nydailynews.com/news/politics/longshot-republican-signed-star-reality-show-article-1.1875185>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>, federal election
commission <http://electionlawblog.org/?cat=24>
"Myers intends lawsuit to put Hubbel on LG ballot"
<http://electionlawblog.org/?p=63637>
Posted on July 23, 2014 8:29 am <http://electionlawblog.org/?p=63637>by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Argus Leader /reports:
<http://www.argusleader.com/story/davidmontgomery/2014/07/22/myers-lawsuit/13005199/>"But
South Dakota law doesn't have any provisions allowing an independent
candidate to be replaced on the ballot --- unlike for nominees of a
political party, who can be replaced through mid-August by party
leadership."
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Posted in ballot access <http://electionlawblog.org/?cat=46>, third
parties <http://electionlawblog.org/?cat=47>
"NH faces lawsuit over new election law"
<http://electionlawblog.org/?p=63634>
Posted on July 23, 2014 8:26 am <http://electionlawblog.org/?p=63634>by
Rick Hasen <http://electionlawblog.org/?author=3>
Manchester Union Leader
<http://www.unionleader.com/article/20140722/NEWS0605/140729670/-1/services>:
The New Hampshire Civil Liberties Union is suing the state over a
new law that it says will stack the deck against third parties
trying to gain ballot access.
The lawsuit, filed July 22 on behalf of the Libertarian Party of New
Hampshire, challenges a requirement that nomination papers for a
political organization "be signed and dated in the year of the
election."
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Posted in ballot access <http://electionlawblog.org/?cat=46>, third
parties <http://electionlawblog.org/?cat=47>
"Judges in health care rulings vote party line"
<http://electionlawblog.org/?p=63632>
Posted on July 23, 2014 7:01 am <http://electionlawblog.org/?p=63632>by
Rick Hasen <http://electionlawblog.org/?author=3>
AP reports.
<http://www.wtop.com/289/3667822/Judges-in-health-care-rulings-vote-party-line>
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>
"Obama fundraising visit to enrich Democratic super PAC"
<http://electionlawblog.org/?p=63630>
Posted on July 22, 2014 9:02 pm <http://electionlawblog.org/?p=63630>by
Rick Hasen <http://electionlawblog.org/?author=3>
Seattle Times
<http://seattletimes.com/html/localnews/2024129023_obamafundraiserxml.html>:
"However, in a feat of legalese probably designed to appease
campaign-finance regulators, the letter says Obama would only be
appearing as a special guest and is "not soliciting funds for this event
or acknowledging your contribution at any point.'"
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Chamber spending tops $40M as election nears"
<http://electionlawblog.org/?p=63628>
Posted on July 22, 2014 8:45 pm <http://electionlawblog.org/?p=63628>by
Rick Hasen <http://electionlawblog.org/?author=3>
/The Hill/ reports.
<http://thehill.com/business-a-lobbying/business-a-lobbying/212961-chambers-spending-tops-40m-as-election-nears>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Anti-tax group sues to kick Citizens United advisory measure off
ballot" <http://electionlawblog.org/?p=63626>
Posted on July 22, 2014 8:00 pm <http://electionlawblog.org/?p=63626>by
Rick Hasen <http://electionlawblog.org/?author=3>
LAT reports.
<http://www.latimes.com/local/political/la-me-pc-howard-jarvis-prop-49-20140722-story.html>
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Partisan Gerrymandering and the Efficiency Gap"
<http://electionlawblog.org/?p=63623>
Posted on July 22, 2014 5:40 pm <http://electionlawblog.org/?p=63623>by
Rick Hasen <http://electionlawblog.org/?author=3>
Nick Stephanopoulos and Eric McGhee has postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2457468> on SSRN
(forthcoming University of Chicago Law Review). Here is the abstract:
The usual legal story about partisan gerrymandering is relentlessly
pessimistic. The courts did not even recognize the cause of action
until the 1980s; they have never struck down a district plan on this
basis; and four sitting Justices want to vacate the field
altogether. The Supreme Court's most recent gerrymandering decision,
however, is the most encouraging development in this area in a
generation. Several Justices expressed interest in the concept of
partisan symmetry --- the idea that a plan should treat the major
parties symmetrically in terms of the conversion of votes to seats
--- and suggested that it could be shaped into a legal test.
In this Article, we take the Justices at their word. First, we
introduce a new measure of partisan symmetry: the efficiency gap. It
represents the difference between the parties' respective wasted
votes in an election, divided by the total number of votes cast. It
captures, in a single tidy number, all of the packing and cracking
decisions that go into a district plan. It also is superior to the
metric of gerrymandering, partisan bias, that litigants and scholars
have used until now. Partisan bias can be calculated only by
shifting votes to simulate a hypothetical tied election. The
efficiency gap eliminates the need for such counterfactual analysis.
Second, we compute the efficiency gap for congressional and state
house plans between 1972 and 2012. Over this period as a whole, the
typical plan was fairly balanced and neither party enjoyed a
systematic advantage. But in recent years --- and peaking in the
2012 election --- plans have exhibited steadily larger and more
pro-Republican gaps. In fact, the plans in effect today are the most
extreme gerrymanders in modern history. And what is more, several
likely will remain extreme for the remainder of the decade, as
indicated by our sensitivity testing.
Finally, we explain how the efficiency gap could be converted into
doctrine. We propose setting thresholds above which plans would be
presumptively unconstitutional: two seats for congressional plans
and eight percent for state house plans, but only if the plans
probably will stay unbalanced for the rest of the cycle. Plans with
gaps above these thresholds would be unlawful unless states could
show that the gaps either resulted from the consistent application
of legitimate policies, or were inevitable due to the states'
political geography. This approach would neatly slice the Gordian
knot the Court has tied for itself, explicitly replying to the
Court's "unanswerable question" of "how much political...effect is
too much."
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Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme
Court <http://electionlawblog.org/?cat=29>
I'll Be on Diane Rehm Show Wednesday Morning Talking About the
Obamacare Rulings, the Court and Congress
<http://electionlawblog.org/?p=63621>
Posted on July 22, 2014 5:24 pm <http://electionlawblog.org/?p=63621>by
Rick Hasen <http://electionlawblog.org/?author=3>
Listen.
<http://thedianerehmshow.org/shows/2014-07-23/conflicting-court-decisions-federal-subsidies-health-insurance>
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"BREAKING: Over four dissents, 10th Circuit denies en banc hearing
in Guarantee Clause case" <http://electionlawblog.org/?p=63619>
Posted on July 22, 2014 2:05 pm <http://electionlawblog.org/?p=63619>by
Rick Hasen <http://electionlawblog.org/?author=3>
Derek Muller hasthe news.
<http://excessofdemocracy.com/blog/2014/7/breaking-over-four-dissents-10th-circuit-denies-en-banc-hearing-in-guarantee-clause-case>
This is potentially a huge case and I expect it will be bound for the
Supreme Court.
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Posted in direct democracy <http://electionlawblog.org/?cat=62>
#Halbig: Participation of Senior DC Circuit Justices in En Banc
Review <http://electionlawblog.org/?p=63617>
Posted on July 22, 2014 12:13 pm <http://electionlawblog.org/?p=63617>by
Rick Hasen <http://electionlawblog.org/?author=3>
There's been some confusion about what role senior judges play in the en
banc review. After looking at the rules, <http://t.co/nYTItrBppy> it
appears that senior judges do /not/ get to vote on whether to take the
case en banc, but if the case is taken en banc senior judges who were on
the panel /do/ get to participate in the decision of the case if the
judge wants to do so. I've put the relevant parts of the rules in bold
below:
If a judge calls for a vote on the petition for rehearing en banc,
the Clerk's Office transmits electronically to the full Court a new
vote sheet, along with any response to the petition ordered by the
Court. *The question now is whether there should be a rehearing en
banc. On this question only active judges of the Court may vote,*
and a majority of all active judges who are not recused must approve
rehearing en banc in order for it to be granted.
When rehearing en banc is granted, the Clerk enters an order
granting the rehearing en banc and vacating the judgment by the
original panel, either in whole or in part, as circumstances
warrant. This order is posted on the Court's web site and is
published in the federal reporter system. An order granting
rehearing en banc does not indicate the names of the judges who
voted against rehearing, but an order denying rehearing en banc does
indicate the names of the judges who voted to grant rehearing en
banc, if they wish. The Court has followed a variety of procedures
in conducting rehearing en banc. On occasion, only the original
briefs have been considered; in other cases, the Court has requested
supplemental briefs. The Court almost always hears oral argument in
considering a case en banc.
The Court sitting en banc consists of all active judges*, plus any
senior judges of the Court who were members of the original panel
and wish to participate.* When the Court sits en banc with an even
number of judges, and the result is an evenly divided vote, the
Court will enter a judgment affirming the order or judgment under
review, and it may publish the en banc Court's divided views.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>
FEC Commissioners Goodman and Ravel Respond to Bob Biersack
<http://electionlawblog.org/?p=63615>
Posted on July 22, 2014 11:58 am <http://electionlawblog.org/?p=63615>by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT Letter to the Editor.
<http://www.nytimes.com/2014/07/22/opinion/A-View-From-the-Federal-Election-Commission.html?_r=0>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
"The Tangled Web of Paul Ryan's FEC Request"
<http://electionlawblog.org/?p=63613>
Posted on July 22, 2014 11:54 am <http://electionlawblog.org/?p=63613>by
Rick Hasen <http://electionlawblog.org/?author=3>
Brian Svoboda
<http://www.lawandpoliticsupdate.com/2014/07/the-tangled-web-of-paul-ryans-fec-request/>:
At issue in Advisory Opinion Request 2014-06
<http://saos.fec.gov/aodocs/1300163.pdf> is whether Representative
Paul Ryan's leadership PAC, Prosperity Action, may promote the sale
of his upcoming book on the Internet beyond de minimis levels.
Representative Ryan intends to receive royalties from the book.
The Federal Election Commission <http://www.fec.gov/> published two
drafts of a response to his request. The first, Draft A, would grant
it. The second, Draft B, broadly asserts that "the Act's personal
use prohibition applies to leadership PACs, such as Prosperity
Action." Adopting Draft B would be a significant policy change for
the FEC. In its legislative recommendations just last year
<http://www.fec.gov/law/legrec2013.pdf>, the FEC asked Congress to
amend 2 U.S.C. § 439a to cover leadership PACs, saying: "Congress
might not have considered the application of the personal use
prohibition to this particular type of political committee."
But at the heart of the request is a highly technical question that
vexed many during the failed prosecution of John Edwards
<http://electionlawblog.org/?p=18838>....
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
Fourth Circuit Rules in FAVOR of the Government in the Obamacare
Subsidies case <http://electionlawblog.org/?p=63611>
Posted on July 22, 2014 11:50 am <http://electionlawblog.org/?p=63611>by
Abbe Gluck <http://electionlawblog.org/?author=15>
Making sure our readers keep up with this whiplash-causing day in the
land of health reform: The Fourth Circuit released its own opinion (3-0,
with a strong concurrence from J. Davis) /rejecting/ the subsidies
challenge pending in that court right after the DC Circuit released its
own opinion /sustaining/ the same challenge there . The Fourth Circuit
went with a straight /Chevron/ argument, but indicated it thought the
government had the better reading of the statutory text in any event.
Judge Davis concurred specially to make the point that /Chevron/ wasn't
even necessary: that the statute clearly requires the subsidies on the
federal exchanges. Of interest to statutory interpretation types (and
along the lines of what I've been arguing in previous posts), Judge
Davis also argued that this isn't a case of "textualism v. purposivism"
or statutory text versus some amorphous concept of congressional
intent. Davis argued that the text of the statute as a whole answers
the question definitely in favor of the Government.
[cross-posted at Balkinization]
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Obamacare Ruling: Congress's Dysfunction Hands Power to the Courts"
<http://electionlawblog.org/?p=63609>
Posted on July 22, 2014 11:47 am <http://electionlawblog.org/?p=63609>by
Rick Hasen <http://electionlawblog.org/?author=3>
David Wessel:
<http://www.brookings.edu/research/opinions/2014/07/22-congress-dysfunction-power-to-courts-wessel>
The appellate court ruling on Obamacare underscores an increasingly
important side effect of today's congressional dysfunction and
gridlock: The rising power of the courts, particularly the U.S.
Supreme Court. Congress, unable to agree on almost anything, is
incapable of responding to court interpretations of often-vague
statutes even when the Court invites a response.
That's a big change.
"Polarization already is leading to an increase in the power of the
[Supreme] Court against Congress, whether or not the justices
affirmatively seek that additional power," Richard Hasen, a
University of California at Irvine law professor noted in a 2012 law
review article
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2130190>. In
the past two decades, the rate of congressional overriding of
Supreme Court statutory decisions has plummeted, he found, from an
average of 12 in each two-year congressional term during the
1975-1990 period to an average of 5.8 overrides for each term from
1991-2000 and to 2.8 average number of overrides for each term from
2001-2012.
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Posted in political polarization <http://electionlawblog.org/?cat=68>,
Supreme Court <http://electionlawblog.org/?cat=29>
"McCain-Feingold's Devastating Legacy? Let's Take Another Look."
<http://electionlawblog.org/?p=63606>
Posted on July 22, 2014 11:40 am <http://electionlawblog.org/?p=63606>by
Rick Hasen <http://electionlawblog.org/?author=3>
Trevor Potter blogs.
<http://www.clcblog.org/index.php?option=com_content&view=article&id=570:mccain-feingolds-devastating-legacy-lets-take-another-look>
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"I'd love to write for Electronic Law Blog"
<http://electionlawblog.org/?p=63604>
Posted on July 22, 2014 11:33 am <http://electionlawblog.org/?p=63604>by
Rick Hasen <http://electionlawblog.org/?author=3>
I get spam all the time offering me free content for the blog, so long
as I just include a little link to something special. But I really
liked this one I got this morning:
just thought I'd send a quick email because I wanted to let you know
how much I enjoyed reading the articles on Electronic Law Blog. I
have a keen interest and have been a writer on law-related topics
for a year now, and sites like yours are always appreciated for
inspiration.
I'm really interested to know if you're looking for new contributors
to your blog, as I'd love to put myself forward as a possible
contributor.
Over the last few years I've written for some well-known
publications and have received some really positive feedback for my
writing. I really believe my writing would resonate perfectly with
the readers of your site, my background is within family law,
separation and divorce.
I had a piece published recently that I was particularly proud of,
titled 'Jess and Cathy talk about divorce', you can see it here:...
Share
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Lawsuit challenges contribution limit law favoring incumbents"
<http://electionlawblog.org/?p=63602>
Posted on July 22, 2014 11:30 am <http://electionlawblog.org/?p=63602>by
Rick Hasen <http://electionlawblog.org/?author=3>
CCP press release
<http://www.campaignfreedom.org/2014/07/22/lawsuit-challenges-contribution-limit-law-favoring-incumbents/>.
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"What You Don't Know May Well Hurt You --- Dark Money"
<http://electionlawblog.org/?p=63600>
Posted on July 22, 2014 11:28 am <http://electionlawblog.org/?p=63600>by
Rick Hasen <http://electionlawblog.org/?author=3>
Craig Holman and Lisa Gilbertblog.
<http://www.huffingtonpost.com/craig-holman/what-you-dont-know-may-we_b_5609001.html>
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Politicos souring on FEC advice? Requests for election law rulings
plummet as ideological gridlock grips commission"
<http://electionlawblog.org/?p=63598>
Posted on July 22, 2014 11:24 am <http://electionlawblog.org/?p=63598>by
Rick Hasen <http://electionlawblog.org/?author=3>
CPI reports.
<http://www.publicintegrity.org/2014/07/22/15030/politicos-souring-fec-advice>
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
D.C. Circuit Rules Against Govt in ObamaCare Exchange Subsidies Case
<http://electionlawblog.org/?p=63595>
Posted on July 22, 2014 8:09 am <http://electionlawblog.org/?p=63595>by
Abbe Gluck <http://electionlawblog.org/?author=15>
The D.C. Circuit has just ruled, 2-1, that the critical subsidies are
not available to consumers buying insurance in states where the
exchanges are operated by the federal government, rather than the
states. Initial reaction- more to come: The opinion
<http://www.cadc.uscourts.gov/internet/opinions.nsf/10125254D91F8BAC85257D1D004E6176/$file/14-5018-1503850.pdf>
is terribly disappointing from a statutory interpretation perspective.
It relies in part on irrelevant legislative history (from the HELP
committee, whose bill wasn't even the basis for these provisions--the
Finance committee's was) and gets it wrong anyway (as I argued here
<http://balkin.blogspot.com/2014/03/obamacare-subsidies-before-dc-circuit_24.html>);
it bends over backwards to come up with reasons why Congress might
have intended this result (which we all know it certainly did not); and
it attaches far too much significance to a line in the statute that
expressly deems exchanges in the territories to be state exchanges and
does not replicate the special deeming language for the federal
exchanges. The territories language is boilerplate language used by
Congress when talking about territories in statutes even beyond the ACA,
and should have been attached no significance here. What's more,
applying the /exclusio unius/ presumption (that when Congress specifies
X we can assume that it meant not to specify X elsewhere) to a statute
as long and complicated as the ACA --- and one that did not go through
the usual linguistic "clean up" process in Conference (as I wrote here
<http://balkin.blogspot.com/2013/12/how-congress-works-and-obamacare.html>)
does a disservice to textualism and all those who have defended it over
the years--turning it into a wooden unreasonable formalism rather than
the sophisticated statutory analysis that textualists have been claiming
they are all about.
[cross posted at Balkinzation]
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"IRS official: Lois Lerner email trail may not be cold"
<http://electionlawblog.org/?p=63592>
Posted on July 21, 2014 9:02 pm <http://electionlawblog.org/?p=63592>by
Rick Hasen <http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2014/07/irs-lois-lerner-scandal-e-mails-backup-109182.html?hp=l1>:
"A top IRS official is now uncertain about whether backup tapes of the
lost Lois Lerner emails may exist, according to testimony released by
Republicans --- a potentially significant plot twist in the controversy
that has shaken the IRS in recent weeks."
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
"Democrats challenge petition seeking spot in gubernatorial primary"
<http://electionlawblog.org/?p=63590>
Posted on July 21, 2014 8:58 pm <http://electionlawblog.org/?p=63590>by
Rick Hasen <http://electionlawblog.org/?author=3>
Buffalo News
<http://www.buffalonews.com/city-region/albany-politics/democrats-challenge-petition-seeking-spot-in-gubernatorial-primary-20140721>:
Democrats have turned to a lawyer who helped craft some of the
state's complex election laws to try to keep a challenger to Gov.
Andrew M. Cuomo from getting onto the September Democratic
gubernatorial primary ballot.
Martin Connor, a former State Senate minority leader from Brooklyn
and one of the state's most respected election lawyers, is in charge
of the legal team seeking to challenge the designating petition
submitted last week by Zephyr Teachout, a Fordham University law
professor who is seeking to run against Cuomo in a primary.
Share
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Posted in ballot access <http://electionlawblog.org/?cat=46>
--
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
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