[EL] ELB News and Commentary 7/6/15
Rick Hasen
rhasen at law.uci.edu
Mon Jul 6 07:24:06 PDT 2015
Are Conservatives Looking to Win in Evenwel to Rehabilitate Chief
Justice Roberts’ Conservative Reputation?
<http://electionlawblog.org/?p=74063>
Posted onJuly 6, 2015 7:22 am
<http://electionlawblog.org/?p=74063>byRick Hasen
<http://electionlawblog.org/?author=3>
Apparently
<http://www.washingtontimes.com/news/2015/jul/5/john-roberts-supreme-court-chief-justice-may-be-be/>,
a ruling in favor of challengers in the one person, one vote case,
ending affirmative action in education, and a death knell for public
sector unions /might/do it, though some thing the Chief is beyond hope.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“Harper vs. Canada case a precedent to protect Fair Elections Act,
lawyer argues” <http://electionlawblog.org/?p=74061>
Posted onJuly 6, 2015 7:18 am
<http://electionlawblog.org/?p=74061>byRick Hasen
<http://electionlawblog.org/?author=3>
CBC News reports
<http://www.cbc.ca/news/canada/harper-vs-canada-case-a-precedent-to-protect-fair-elections-act-lawyer-argues-1.3137495>.
So sad that we’ve exported the Voting Wars to Canada.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Nina Totenberg on Justice Scalia’s Rhetoric
<http://electionlawblog.org/?p=74059>
Posted onJuly 6, 2015 7:14 am
<http://electionlawblog.org/?p=74059>byRick Hasen
<http://electionlawblog.org/?author=3>
In her NPR review
<http://www.npr.org/sections/itsallpolitics/2015/07/06/420289254/liberal-minority-won-over-conservatives-in-historic-supreme-court-term>of
the Court’s term:
The outcomes this term were so much of a turnaround that the liberal
justices looked positively serene, even perky, in June, while the
tone of the conservative dissents was unusually harsh.
“The bombastic tone of the dissents this term was over the top, even
for Justice Scalia, who has a blood-soaked pen at his desk,”
Goldstein says.
“He wrote the nastiest thing I have read in any Supreme Court
opinion,” says Charles Fried, who served as the government’s chief
advocate in the Supreme Court during the Reagan administration.
Dellinger, who had the same job in the Clinton Administration, agrees.
“I’ve never seen that kind of really, deeply personal attack that
basically says ‘The author of the opinion is not just wrong as a
matter of law, he’s a jerk,’ ” says Dellinger.
That’s pretty much whatJustice Scalia wrote about
<http://www.npr.org/sections/thetwo-way/2015/06/26/417720924/roberts-celebrate-todays-decision-but-do-not-celebrate-the-constitution>Justice
Kennedy’s soaring rhetoric in the same-sex marriage case, calling it
“pretentious,” and “egotistic,” and comparing it to “the mystical
aphorisms of a fortune cookie.” If I had ever joined such a vague
opinion, said Scalia, “even as the price to be paid for a fifth
vote, …. I would hide my head in a bag.”
Fried, now a professor at Harvard Law School, says that in some
ways, Kennedy’s opinion provoked that reaction. He says that Kennedy
should have focused on legal precedents instead of poetic passages.
In particular, the court’s 1967 decisionstriking down state bans on
interracial marriage
<https://www.aclu.org/loving-v-virginia-case-over-interracial-marriage>,
and two more recent decisions dealing with same-sex relations and
marriage.
Those three court precedents dictated the result, Fried maintains,
adding, “That is the law. Suck it up!”
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“Democrats Make Advances, but House Still Proves Elusive”
<http://electionlawblog.org/?p=74057>
Posted onJuly 6, 2015 7:11 am
<http://electionlawblog.org/?p=74057>byRick Hasen
<http://electionlawblog.org/?author=3>
John Harwood
<http://www.nytimes.com/2015/07/03/us/politics/democrats-make-advances-but-house-still-proves-elusive.html?_r=1>NYT:
From one vantage point, recent advances on race, gay rights and
health care give the impression of powerful momentum for America’s
liberal Democrats.
But inside one of Washington’s power centers, they are running
straight into a wall — and are unlikely to break through it for a
long time. Among the ironies of the rapid shift on cultural issues
is the inability of Democrats to profit from it in the House of
Representatives.
Republicans hold their largest House majority sincethe Great
Depression
<http://topics.nytimes.com/top/reference/timestopics/subjects/g/great_depression_1930s/index.html?inline=nyt-classifier>,
holding 246 of the 435 seats in the House, meaning that Democrats
must pick up 30 spots to regain a majority. The power of incumbency
and the effects of polarization, which has dramatically shrunk the
number of voters up for grabs, make gains of that magnitude
excruciatingly difficult.
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Posted inlegislation and legislatures
<http://electionlawblog.org/?cat=27>,political parties
<http://electionlawblog.org/?cat=25>,political polarization
<http://electionlawblog.org/?cat=68>,redistricting
<http://electionlawblog.org/?cat=6>
“Politics Ain’t Broke, So Reforms Won’t Fix It”
<http://electionlawblog.org/?p=74055>
Posted onJuly 6, 2015 7:07 am
<http://electionlawblog.org/?p=74055>byRick Hasen
<http://electionlawblog.org/?author=3>
Jeff
Milyo<http://www.washingtonexaminer.com/politics-aint-broke-so-reforms-wont-fix-it/article/2567569>in
the Wash Examiner:
The national pastime is not baseball. Americans have a far more
enduring passion for grumbling about politics and the venality of
politicians. This is probably quite healthy. After all, demagogues
and their schemes may be more effectively frustrated by ridicule
than rational argument. But perhaps nothing stokes our sardonic
impulses more than intercourse of money and politics.
Concern about the role of money in politics is nothing new, and nor
are calls for sweeping reform. But public discussion of reform is
typically colored only by the latest scandal or political campaign,
with little attention to relevant lessons from recent experiences
with similar reforms. So reform efforts are best viewed as
emotional, reflexive responses to current events, rather than as
well-considered policies informed by solid evidence.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Scott Walker, legislative leaders drop open records changes”
<http://electionlawblog.org/?p=74053>
Posted onJuly 5, 2015 8:48 pm
<http://electionlawblog.org/?p=74053>byRick Hasen
<http://electionlawblog.org/?author=3>
Wisconsin State Journal:
<http://host.madison.com/wsj/news/local/govt-and-politics/scott-walker-legislative-leaders-drop-open-records-changes/article_0b1fb6da-39d2-5229-b54e-491aa98901db.html>
In the face of withering criticism, Gov. Scott Walker and the
Republican leaders of the Legislature announced Saturday that a
provision added to the state budget to gut the open records law
“will be removed from the budget in its entirety.”
Walker made the announcement Saturday afternoon in a joint statement
with Senate Majority Leader Scott Fitzgerald, R-Juneau, Assembly
Speaker Robin Vos, R-Rochester, and Joint Finance Committee
co-Chairs, Sen. Alberta Darling, R-River Hills, and Rep. John
Nygren, R-Marinette.
“We are steadfastly committed to open and accountable government,”
the statement said. “The intended policy goal of these changes was
to provide a reasonable solution to protect constituents’ privacy
and to encourage a deliberative process between elected officials
and their staff in developing policy. It was never intended to
inhibit transparent government in any way.”
The statement said the Legislature will form a Legislative Council
committee to study the matter outside of the budget process.
No one claimed responsibility for requesting the language be added
to a sweeping omnibus amendment the Legislature’s budget committee
passed late Thursday. And it’s unclear what role, if any, Walker
played in the drama over the past few days.
But amid near-universal condemnation of the move and bipartisan
demands that the language be withdrawn or that Walker use his
partial veto power to strip it out of the budget if it passed, the
governor and the leadership conceded defeat on the issue.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“I.R.S. Expected to Stand Aside as Nonprofits Increase Role in 2016
Race” <http://electionlawblog.org/?p=74051>
Posted onJuly 5, 2015 8:36 pm
<http://electionlawblog.org/?p=74051>byRick Hasen
<http://electionlawblog.org/?author=3>
Eric Lichtblau
<http://www.nytimes.com/2015/07/06/us/politics/irs-expected-to-stand-aside-as-nonprofits-increase-role-in-2016-race.html?ref=politics>for
the NYT:
As presidential candidates find new ways to exploit secret donations
from tax-exempt groups, hobbled regulators at the Internal Revenue
Service appear certain to delay trying to curb widespread abuses at
nonprofits until after the 2016 election.
In a shift from past elections, at least eight Republican
presidential candidates, including leading contenders like Jeb Bush
and Senator Marco Rubio of Florida, have aligned with nonprofit
groups set up to raise hundreds of millions of dollars. Hillary
Rodham Clinton’s supporters are considering a similar tactic.
Some of these so-called social welfare nonprofit groups are already
planning political initiatives, including a $1 million advertising
campaign about Iran by a tax-exempt group supporting Mr. Rubio.
The groups are able to carry out many of the same political
activities as candidates and their affiliated “super PACs
<http://topics.nytimes.com/top/reference/timestopics/subjects/c/campaign_finance/index.html?inline=nyt-classifier>”
but do not have to disclose where they get their money, allowing
total anonymity for donors.
While the nonprofit groups are supposed to limit their political
activity, the I.R.S. appears powerless to stop the onslaught of
money coursing through them.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
“Facing a Selfie Election, Presidential Hopefuls Grin and Bear It”
<http://electionlawblog.org/?p=74049>
Posted onJuly 5, 2015 8:34 pm
<http://electionlawblog.org/?p=74049>byRick Hasen
<http://electionlawblog.org/?author=3>
Kissing babies out. Selfie sticks in,reports the NYT.
<http://www.nytimes.com/2015/07/05/us/politics/facing-a-selfie-election-presidential-hopefuls-grin-and-bear-it.html?ref=politics&_r=0>
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Posted incampaigns <http://electionlawblog.org/?cat=59>
Big Voter ID Fight in Canada as Government Takes Position Voter ID
Cards Not Good Enough as ID <http://electionlawblog.org/?p=74047>
Posted onJuly 5, 2015 8:32 pm
<http://electionlawblog.org/?p=74047>byRick Hasen
<http://electionlawblog.org/?author=3>
The Star reports.
<http://www.thestar.com/news/canada/2015/07/03/voter-id-cards-not-enough-at-ballot-box-government-argues.html>
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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>
“Voting Rights Bill Would Address, Not Invalidate TX Law”
<http://electionlawblog.org/?p=74045>
Posted onJuly 5, 2015 8:29 pm
<http://electionlawblog.org/?p=74045>byRick Hasen
<http://electionlawblog.org/?author=3>
Texas Tribune
<http://www.texastribune.org/2015/07/02/voting-rights-bill-would-address-not-invalidate-tx/>:
A voting rights bill introduced in Congress last week would subject
Texas elections to new levels of federal scrutiny, but it would not
invalidate the state’s controversial 2011 voter photo ID law that
helped inspire it….
Asked whether House Judiciary Chairman Bob Goodlatte, a Virginia
Republican, would schedule a hearing on the House’s version of the
bill, a House judiciary aide said in an email, “The Voting Rights
Act is alive and well and protecting the freedom to vote.”
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>,VRAA
<http://electionlawblog.org/?cat=81>
“States are ignoring federal law about voter registration. Here’s
why.” <http://electionlawblog.org/?p=74043>
Posted onJuly 5, 2015 8:26 pm
<http://electionlawblog.org/?p=74043>byRick Hasen
<http://electionlawblog.org/?author=3>
Douglas Hess
<http://www.washingtonpost.com/blogs/monkey-cage/wp/2015/07/04/states-are-ignoring-federal-law-about-voter-registration-heres-why/>for
The Monkey Cage.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,NVRA (motor voter)
<http://electionlawblog.org/?cat=33>
“Accusations fly as NC House changes course on Greensboro
redistricting” <http://electionlawblog.org/?p=74041>
Posted onJuly 5, 2015 8:22 pm
<http://electionlawblog.org/?p=74041>byRick Hasen
<http://electionlawblog.org/?author=3>
News and Observer
<http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article26047744.html>:
After a heated debate that featured accusations of deception and
Senate coercion, the N.C. House rapidly changed course Thursday on
legislation that would change how the Greensboro City Council is
elected.
The bill – now a law after the Senate also voted Thursday – marks
the second time this year that the legislature has reshaped local
elections. An April vote redrew the Wake County Board of
Commissioners district boundaries in a change likely to favor
Republicans.
That bill passed quickly along party lines, but the Greensboro
council redistricting prompted a bitter split among GOP legislators.
And it drew comments from legislators who represent other areas,
including criticism that the change will diminish the impact of
black Greensboro residents.
Before /Shelby County/, this plan would have required federal approval,
and proof that the plan would not make protected minority voters worse off.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
@Lessig Criticizes Bernie Sanders’ Rejection of Super PACs
<http://electionlawblog.org/?p=74038>
Posted onJuly 3, 2015 8:40 am
<http://electionlawblog.org/?p=74038>byRick Hasen
<http://electionlawblog.org/?author=3>
The Guardian
<http://www.theguardian.com/us-news/2015/jul/03/bernie-sanders-grassroots-movement-gains-clinton-machine>:
Clinton will also get help from the Priorities USA Super PAC, which
is backing her candidacy despitea pledge by the candidate to combat
“uncontrolled money” in politics
<http://www.theguardian.com/us-news/2015/apr/14/hillary-clinton-political-finance-reform-2016-iowa>,
andannounced Thursday
<http://www.nytimes.com/politics/first-draft/2015/07/02/super-pac-raises-15-6-million-for-hillary-clinton-campaign/>that
it has raised $15.6m – bringing the coffers of her campaign and its
allies beyond $60m so far.
In contrast, Sanders, who rails against the “grotesque and obscene”
concentration of wealth in America, has refused to have a Super Pac
support him and is focused on wooing small-dollar donors.
Harvard University professor Lawrence Lessig, who founded a Super
Pac to end Super Pacs, said Sanders’ renouncing Super Pacs is
tantamount to “bringing a knife to a gunfight”.
“I regret the fact the Bernie Sanders has embraced the idea that
he’s going to live life like the Vermont snow, as pure as he
possibly can, while he runs for president, because it weakens his
chances – and he’s an enormously important progressive voice,”
Lessig said.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
Goldstein and Totenberg on the “Roberts Court”
<http://electionlawblog.org/?p=74036>
Posted onJuly 3, 2015 8:30 am
<http://electionlawblog.org/?p=74036>byRick Hasen
<http://electionlawblog.org/?author=3>
On NPR
<http://www.npr.org/2015/06/30/418924513/fractures-in-the-supreme-court-revealed-in-this-years-decisions?utm_campaign=storyshare&utm_source=twitter.com&utm_medium=social>with
Robert Siegel:
SIEGEL: It is. Now, I’m surprised. You brought this to my attention
that this is now 10 years since John Roberts has been chief justice.
It doesn’t feel that long to me somehow (laughter) but I guess we’re
older than I think. Can one now speak of a Roberts court that has a
particular flavor to it?
TOTENBERG: His model for what a chief justice should be was Charles
Evans Hughes, who was a great chief justice during the New Deal era
and basically saved the Court in many ways from being dismantled or
added to by Franklin Delano Roosevelt. He’s an institutionalist like
Hughes, so that’s what I take from it. He writes beautifully. He is
a – pretty much a purist on the First Amendment, he and Kennedy. But
I don’t think he’s a beloved chief justice either.
SIEGEL: Tom.
GOLDSTEIN: Well, what we hear from inside the building is that he
does run the Supreme Court and the federal judiciary very well and
that’s his princip[al] job. But, of course, he only has one vote and
he does not have a Roberts court in that sense. He finds himself in
big case after big case often in dissent. Justice Kennedy is the
justice who is really controlling the swings in the court as we know
’cause he’s in the ideological center. So there’s – he’s doing what
he can, but frequently it’s not much.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
Marty Lederman on Biggest #SCOTUS Term Surprises
<http://electionlawblog.org/?p=74034>
Posted onJuly 3, 2015 8:27 am
<http://electionlawblog.org/?p=74034>byRick Hasen
<http://electionlawblog.org/?author=3>
At Slate.
<http://www.slate.com/articles/news_and_politics/the_breakfast_table/features/2015/scotus_roundup/supreme_court_surprises_obamacare_marriage_jerusalem_passport_arizona_judicial.html>
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“Scalia, Sotomayor most outspoken justices inside, outside court”
<http://electionlawblog.org/?p=74032>
Posted onJuly 3, 2015 8:23 am
<http://electionlawblog.org/?p=74032>byRick Hasen
<http://electionlawblog.org/?author=3>
Richard Wolf
<http://www.usatoday.com/story/news/politics/2015/07/02/supreme-court-justices-financial-disclosures/29628595/>for
USA Today:
He speaks the most during oral arguments, so perhaps it’s no
surprise that Supreme Court Justice Antonin Scalia remains the most
popular among his colleagues on the outside speaking circuit as well.
Scalia took 23 trips for which he was reimbursed in 2014 to deliver
speeches and lectures or teach courses, according to financial
disclosure statements made public Thursday. That was more than any
of his colleagues on the court.
Justice Sonia Sotomayor, the second most frequent questioner inside
the courtroom, was the second most popular speaker outside court.
She was reimbursed for 16 trips, including to Berlin and Florence,
Italy. Justice Anthony Kennedy, who wrote the landmark decision
declaring a nationwide right to same-sex marriage, took 13 trips.
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Posted inCelebrity Justice <http://electionlawblog.org/?cat=109>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Secret spenders face challenge in 2016″
<http://electionlawblog.org/?p=74030>
Posted onJuly 3, 2015 8:21 am
<http://electionlawblog.org/?p=74030>byRick Hasen
<http://electionlawblog.org/?author=3>
Teddy
Schleifer<http://www.cnn.com/2015/07/03/politics/election-law-nonprofits-rule/index.html>for
CNN:
Secret money groups will have to work harder this year to keep their
spending hidden.
That’s because of a legal complication that is sending some Republican
operatives back to the drawing board this cycle: Since Hillary Clinton
is not a current federal officeholder — like Obama was in 2012 or
Clinton was until she left his administration in 2013 — the nonprofit
groups need to find more oblique ways to spend the money that they
aren’t allowed to dedicate to full-throttle attacks.
If Clinton were a current official, Republican groups could argue that
these ads were merely debating the issues, allowing them to maintain
their tax-exempt status while nevertheless dedicating nearly their
entire media budgets to ads that slice and dice the Democratic hopeful.
Now, they’ll have to get creative.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
“Voting Rights and the 14th Amendment”
<http://electionlawblog.org/?p=74026>
Posted onJuly 2, 2015 3:46 pm
<http://electionlawblog.org/?p=74026>byRick Hasen
<http://electionlawblog.org/?author=3>
Airing on C-SPAN3 (corrected)
<http://www.c-span.org/video/?326094-1/discussion-voting-rights-14th-amendment>July
4 at 6 pm:
Marking the anniversary of the end of the Civil War, panelists
discuss the origins of the 14th amendment and how voting rights have
changed over time in America.
PEOPLE IN THIS VIDEO
* Asa Gordon <http://www.c-span.org/person/?60314>
* Secretary GeneralSons and Daughters of the United States Colored
Troops
*
* Richard Kreitner <http://www.c-span.org/person/?97528>
* Editor/Nation, The/->Archives Blog
* Frank Smith Jr. <http://www.c-span.org/person/?6372>
* DirectorAfrican American Civil War Memorial Freedom Foundation
and Museum
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“How Supreme Court ruling could jump-start political innovation”
<http://electionlawblog.org/?p=74024>
Posted onJuly 2, 2015 3:42 pm
<http://electionlawblog.org/?p=74024>byRick Hasen
<http://electionlawblog.org/?author=3>
CS Monitor.
<http://www.csmonitor.com/USA/Politics/2015/0701/How-Supreme-Court-ruling-could-jump-start-political-innovation?cmpid=addthis_facebook>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
@AdamLiptak Too Notes Change in J. Scalia Demeanor
<http://electionlawblog.org/?p=74022>
Posted onJuly 2, 2015 11:18 am
<http://electionlawblog.org/?p=74022>byRick Hasen
<http://electionlawblog.org/?author=3>
Fresh Air
<http://www.npr.org/2015/07/02/419468563/was-the-most-current-supreme-court-session-a-liberal-term-for-the-ages>:
*On how Justice Scalia’s dissent in the marriage equality decision
mocked Justice Kennedy*
That’s a another trend this term: The level of personal ad hominem
animus, just personal insult — particularly from Scalia, but not
only from Scalia — was really extraordinary this term, and you saw a
kind of change in Justice Scalia, who, it must be said, in his
earlier years was a towering legal figure and a vivid writer and
sometimes a snarky writer, but a man who single-handedly transformed
areas of American law. And now he seems to have turned a corner and
is just spewing a kind of “get off my lawn” kind of bile that
doesn’t obviously advance his jurisprudential cause. He seems very
angry.
As I’ve said earlier, <http://electionlawblog.org/?p=73787>it’s
notjust<http://www.nytimes.com/2015/01/20/us/scalia-lands-at-top-of-sarcasm-index-of-justices-shocking.html?_r=0>the
longstandingsarcasm
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2550923>. There’s
been a change in both the nature and frequency of the most
gratuitous insults. I can’t think of anything else like his statement
that he would “hide his head in a bag” rather than sign the Kennedy same
sex marriage opinion.
Maybe all the Justices are getting snippier as a result. I was somewhat
surprised at the “What chumps!” in the Roberts AZ redistricting dissent.
And Justice Kagan, while she writes beautifully and clearly, has been
veering in the sarcasm direction. But Scalia is off the charts
qualitatively and quantitatively.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
Must-Read Ned Foley on the Promise of Election Reform after #SCOTUS
AZ Case <http://electionlawblog.org/?p=74020>
Posted onJuly 2, 2015 11:09 am
<http://electionlawblog.org/?p=74020>byRick Hasen
<http://electionlawblog.org/?author=3>
Leading off
<http://www.electionline.org/index.php/electionline-weekly>Electionline
Weekly.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Elections Clause
<http://electionlawblog.org/?cat=70>,Supreme Court
<http://electionlawblog.org/?cat=29>
--
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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