[EL] SCOTUS Hawaii order/more news
Rick Hasen
rhasen at law.uci.edu
Wed Dec 2 13:53:21 PST 2015
Breaking: Supreme Court Splits 5-4 Over Extending Stay in Hawaii
Election Case <http://electionlawblog.org/?p=77965>
Posted onDecember 2, 2015 1:49 pm
<http://electionlawblog.org/?p=77965>byRick Hasen
<http://electionlawblog.org/?author=3>
The Supreme Court has just issuedthe following order
<http://www.supremecourt.gov/orders/courtorders/120215zr_k5fl.pdf> in
the Hawaii election case:
The application for injunction pending appellate review presented to
Justice Kennedy and by him referred to the Court is granted.
Respondents are enjoined from counting the ballots cast in, and
certifying the winners of, the election described in the
application, pending final disposition of the appeal by the United
States Court of Appeals for the Ninth Circuit. Justice Ginsburg,
Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the
application.
Earlier I had talked<http://electionlawblog.org/?p=77839>about how
Justice Kennedy’s initial order stopping the counting of the votes had
echoes of the controversial Supreme Courtstay order decision
<http://www.presidency.ucsb.edu/docs/florida2000/12-09_ussupreme_staygranted.pdf>in
2000 to stop the partial recount in Florida in /Bush v. Gore. /And I
furthernoted <http://electionlawblog.org/?p=77853>that Justice Kennedy’s
decision to announce the stay while voting was taking place could affect
how many people would be voting (after all, why bother to vote if you
think the Court is not going to allow your vote ultimately to be
counted). Since then, those holding the votehave extended the timing
for voting <http://electionlawblog.org/?p=77909>by three weeks, and this
new order could also affect who votes.
And why the 5-4 split? We don’t know because the Court’s order gives us
no reasoning. But with the liberals opposing, it could well be a split
on the underlying merits of the constitutional challenge to a Native
Hawaiian only election. I talk more about the Supreme Court’s emergency
orders in election cases, often issued with no explanation or reasoning,
in a forthcoming piece, Reining in the Purcell Principle,/Florida State
University Law Review /(forthcoming 2015) (draft available
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2545676>).
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>,Voting
Rights Act <http://electionlawblog.org/?cat=15>
Divided 10th Circuit Opinion on Attorney Sanctions in Voting Rights
Case Out of Albuquerque <http://electionlawblog.org/?p=77962>
Posted onDecember 2, 2015 11:56 am
<http://electionlawblog.org/?p=77962>byRick Hasen
<http://electionlawblog.org/?author=3>
Here <http://www.ca10.uscourts.gov/opinions/14/14-2174.pdf>.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
The Latest Campaign Spending Figures from NJ
<http://electionlawblog.org/?p=77960>
Posted onDecember 2, 2015 11:29 am
<http://electionlawblog.org/?p=77960>byRick Hasen
<http://electionlawblog.org/?author=3>
NJ ELEC
<http://www.elec.state.nj.us/pdffiles/press_releases/pr_2015/pr_12022015_b.pdf>:
A heavy dose of independent special interest spending drove the cost
of this year’s legislative general election above $30 million,
according to a new analysis of disclosure reports by the Election
Law Enforcement Commission (ELEC). The spending, which still is
considered preliminary, already has established a record high for a
year with just Assembly members running.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Campaign-Finance Provisions May Be Attached To Spending Bill”
<http://electionlawblog.org/?p=77958>
Posted onDecember 2, 2015 11:20 am
<http://electionlawblog.org/?p=77958>byRick Hasen
<http://electionlawblog.org/?author=3>
Peter Overby reports
<http://www.npr.org/2015/12/02/458127692/campaign-finance-provisions-may-be-attached-to-government-s-spending-bill>for
NPR.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Special Prosecutor Wants to Seek #SCOTUS Review in WI John Doe Case
<http://electionlawblog.org/?p=77956>
Posted onDecember 2, 2015 10:53 am
<http://electionlawblog.org/?p=77956>byRick Hasen
<http://electionlawblog.org/?author=3>
Patrick Marley
<http://www.jsonline.com/news/statepolitics/wisconsin-supreme-court-wont-reopen-john-doe-probe-rules-against-special-prosecutor-b99626790z1-359988701.html>:
“I am disappointed with the decision issued today and, if I have the
resources, intend to pursue an appeal before the U.S. Supreme
Court,” Schmitz said in a statement. “I continue to believe that the
investigation was justified. The voters of Wisconsin have a right to
know the identity of large donors, corporate and individual, which
coordinate with campaign committees.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>,Supreme Court
<http://electionlawblog.org/?cat=29>
Breaking: FL Supreme Court Affirms Congressional Redistricting Map
<http://electionlawblog.org/?p=77954>
Posted onDecember 2, 2015 10:09 am
<http://electionlawblog.org/?p=77954>byRick Hasen
<http://electionlawblog.org/?author=3>
League of Women Voters v. Detzner
<http://www.floridasupremecourt.org/decisions/2015/sc14-1905_Final_Opinion.pdf>(with
one Justice dissenting and one partially dissenting):
This case is before the Court for approval of a final congressional
redistricting plan in accordance with the Fair Districts Amendment
and in accordance with our previous opinion in League of Women
Voters of Florida v. Detzner (Apportionment VII), 172 So. 3d 363
(Fla. 2015). We approve in full the trial court’s “Order
Recommending Adoption of Remedial Map.” Our opinion today—the eighth
concerning legislative or congressional apportionment during this
decade since the adoption of the landmark Fair Districts
Amendment—should bring much needed finality to litigation concerning
this state’s congressional redistricting that has now spanned nearly
four years in state courts. Accordingly, – 2 – the plan approved
here shall be used in the 2016 congressional elections and
thereafter until the next decennial redistricting.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“LDF Files Lawsuit to Challenge Alabama’s Racially Discriminatory
Photo ID Law” <http://electionlawblog.org/?p=77952>
Posted onDecember 2, 2015 8:43 am
<http://electionlawblog.org/?p=77952>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<http://www.naacpldf.org/update/ldf-files-lawsuit-challenge-alabama%E2%80%99s-racially-discriminatory-photo-id-law>:
oday, one day after celebrating the 60th anniversary of Rosa Parks’
refusal to give up her seat on a bus in Montgomery, Alabama — an act
that ignited the Civil Rights Movement — lawyers from the NAACP
Legal Defense and Educational Fund, Inc. (LDF), and Covington &
Burling, LLP, along with Alabama attorney Ed Still have filed
afederal lawsuit
<http://www.naacpldf.org/document/greater-birmingham-ministries-v-alabama-complaint>challenging
Alabama’s photo voter ID law. The lawsuit was brought on behalf of
Greater Birmingham Ministries and the Alabama NAACP.
The complaint alleges that Alabama enacted a photo ID law that the
State’s own initial analysis showed would disfranchise over a
quarter of a million registered voters, a disproportionate number of
whom are Black and Latino, in violation of the U.S. Constitution and
the Voting Rights Act of 1965.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>
“New Analysis: Judicial Re-Election Pressures Tied to Harsher
Criminal Sentencing” <http://electionlawblog.org/?p=77950>
Posted onDecember 2, 2015 8:28 am
<http://electionlawblog.org/?p=77950>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<http://www.brennancenter.org/press-release/new-analysis-judicial-re-election-pressures-tied-harsher-criminal-sentencing>:
Pressures of upcoming re-election and retention election campaigns
make judges more punitive toward defendants in criminal cases,
according to a new analysis
<https://www.brennancenter.org/publication/how-judicial-elections-impact-criminal-cases> of
social science research by the Brennan Center for Justice at NYU
School of Law.
/How Judicial Elections Impact Criminal Cases
<https://www.brennancenter.org/publication/how-judicial-elections-impact-criminal-cases>
/looked at 10 empirical studies examining whether and how judicial
elections impact criminal justice outcomes. These studies, conducted
across states, court levels, and type of elections, all found that
proximity to re-election made judges more likely to impose longer
sentences, affirm death sentences, and even override sentences of
life imprisonment to impose the death penalty.
The analysis also assessed 15 years of television advertising data
in state supreme court races, as well as a series of reports
synthesizing this data written by the Brennan Center, Justice at
Stake, and the National Institute on Money in State Politics. This
data reveals that TV advertising has become a staple of high-cost
judicial elections and ads discussing criminal justice themes have
become increasingly prominent. In 2013-14, a record 56 percent of
ads discussed candidates’ decisions in criminal cases — up from the
previous record of 33 percent in both the 2007-08 and 2009-10
cycles. These ads, attacking candidates for being “soft on crime” or
touting them as “tough on crime,” focus voters’ attention on
candidates’ records in criminal cases, often in a misleading way.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,judicial
elections <http://electionlawblog.org/?cat=19>
--
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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