[EL] ELB News and Commentary 5/18/15

Rick Hasen rhasen at law.uci.edu
Mon May 18 07:46:48 PDT 2015 

Note correction below on Evenwel case: it is an appeal, not up on cert.


    With Justice Ginsburg, Is Today’s “Constitution” Yesterday’s
    “Broccoli?” <http://electionlawblog.org/?p=72557>

Posted onMay 18, 2015 7:43 am 
<http://electionlawblog.org/?p=72557>byRick Hasen 
<http://electionlawblog.org/?author=3>

This morning Maureen Dowd reported 
<http://www.nytimes.com/politics/first-draft/2015/05/18/presiding-at-same-sex-wedding-ruth-bader-ginsburg-emphasizes-a-key-word/>for 
the NYT about a same-sex wedding she attended officiated by Justice 
Ginsburg:

    But the most glittering moment for the crowd came during the
    ceremony. With a sly look and special emphasis on the word
    “Constitution,” Justice Ginsburg said that she was pronouncing the
    two men married by the powers vested in her by the Constitution of
    the United States.

    No one was sure if she was emphasizing her own beliefs or giving a
    hint to the outcome of the casethe Supreme Court is considering
    <http://www.nytimes.com/2015/04/29/us/supreme-court-same-sex-marriage.html>whether
    to decide if same-sex marriage is constitutional.

    But the guests began applauding loudly, delighted either way.
    Justice Ginsburg, whohas officiated at same-sex weddings
    <http://www.reuters.com/article/2013/08/30/us-usa-court-gaymarriage-idUSBRE97T10820130830>in
    the past, also seemed delighted, either by their reaction or,
    perhaps, by the news that she will be played in a movie by Natalie
    Portman (who, in a strange casting segue, will play Jackie Kennedy
    Onassis in another film).

Reading too much into the tea leaves perhaps?  Well not with Justice 
Ginsburg.  Recall this 2012 post fromOrin Kerr, 
<http://volokh.com/2012/06/19/foolishly-reading-the-tea-leaves-of-justice-ginsburgs-speech-at-the-acs/>writing 
just before the Supreme Court upheld the (first) challenge to the 
Affordable Care Act:

    This post is nothing but sheer speculation without any support
    whatsoever. I’m sure I’m wrong about this, and you shouldn’t take
    this post at all seriously. Really, it’s just silliness that you
    should ignore. With those caveats, I was intrigued by Justice
    Ginsburg’s light and amusing toneduring her commentary about the
    Affordable Care Act litigation
    <http://www.youtube.com/watch?v=ax9wJOQ3MF8>at last week’s American
    Constitution Society convention. Justice Ginsburg often gives public
    speeches and comments to the press about the current Term, and more
    than any other Justice she is willing to givea few subtle hints
    <http://volokh.com/2007/01/29/justice-ginsburg-this-term-may-be-very-revealing/>about
    how the Court’s major undecided cases might be coming out. The
    thinking — perhaps foolish — is that her tone in these speeches acts
    as a modest but not-entirely-useless barometer of how her side is doing.

    If you watch Justice Ginsburg speaking about the Affordable Care Act
    case starting at the 27:40 mark of the video, she seems to be having
    fun talking about the case. She says that the case is indeed
    “unprecedented,” at least if you mean unprecedented in “the number
    of press conference, prayer circles, protests, and counter-protests”
    held during the oral argument. She describes one of the questions as
    being whether the individual mandate should be “chopped like a head
    of broccoli” from federal law. She pokes fun at the obscurity of the
    anti-injunction act issue. She jokes about the rumors concerning
    when the case will be handed down. Maybe Justice Ginsburg was just
    in a good mood. Maybe there were just some obvious jokes to make on
    the mandate case relative to some of the criminal cases she covered.
    Yes, I’m sure that’s it. Any other conclusion would be silly
    speculation. But given all the interest in how the individual
    mandate case might come out, I wonder if some are speculating that
    Ginsburg’s tone reflects some satisfaction with how the case came out.

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Posted inCelebrity Justice <http://electionlawblog.org/?cat=109>,Supreme 
Court <http://electionlawblog.org/?cat=29>


    “Connecting the Dots Behind the 2016 Candidates”
    <http://electionlawblog.org/?p=72554>

Posted onMay 18, 2015 7:32 am 
<http://electionlawblog.org/?p=72554>byRick Hasen 
<http://electionlawblog.org/?author=3>

Don’t miss thisNYT interactive graphic 
<http://www.nytimes.com/interactive/2015/05/13/us/elections/2016-presidential-campaigns-staff-connections-clinton-bush-cruz-paul-rubio-walker.html?ref=politics> to 
accompany the must-readConfessore-Lichtblau piece 
<http://www.nytimes.com/2015/05/18/us/politics/super-pacs-are-remaking-16-campaigns-official-or-not.html?ref=politics>on 
super pacs and coordination which Ilinked 
to<http://electionlawblog.org/?p=72533>last night.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>


    A Real Money Primary <http://electionlawblog.org/?p=72552>

Posted onMay 18, 2015 7:25 am 
<http://electionlawblog.org/?p=72552>byRick Hasen 
<http://electionlawblog.org/?author=3>

People sometimes talk about the invisible primary, or the role of wealth 
in making candidates viable.  WellBill Scher 
<http://www.realclearpolitics.com/articles/2015/05/18/the_answer_to_gops_overcrowded_debate_field_126622.html>wants 
to put that insight into action for the Republican primary debates:

    How do you accomplish that? Boil it down to the one objective
    measure that really matters before the first vote is cast: money.
    Here’s the only criterion the RNC needs: Only let on stage the top
    12 fundraisers.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Campaign finance reformers should remain depressed”
    <http://electionlawblog.org/?p=72550>

Posted onMay 18, 2015 7:21 am 
<http://electionlawblog.org/?p=72550>byRick Hasen 
<http://electionlawblog.org/?author=3>

Jessica Levinson 
<http://www.sacbee.com/opinion/op-ed/soapbox/article20878305.html>in 
SacBee on Williams-Yulee.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme 
Court <http://electionlawblog.org/?cat=29>


    “Modern campaigning has big effects on voter turnout”
    <http://electionlawblog.org/?p=72548>

Posted onMay 18, 2015 7:18 am 
<http://electionlawblog.org/?p=72548>byRick Hasen 
<http://electionlawblog.org/?author=3>

Andrew Gelman 
<http://www.washingtonpost.com/blogs/monkey-cage/wp/2015/05/18/modern-campaigning-has-big-effects-on-voter-turnout/>at 
The Monkey Cage.

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Posted incampaigns <http://electionlawblog.org/?cat=59>


    “Judges Dialing for Dollars? Supreme Court Says No”
    <http://electionlawblog.org/?p=72546>

Posted onMay 18, 2015 7:16 am 
<http://electionlawblog.org/?p=72546>byRick Hasen 
<http://electionlawblog.org/?author=3>

Jost on Williams-Yulee. 
<http://jostonjustice.blogspot.com/2015/05/judges-dialing-for-dollars-supreme.html>

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,judicial 
elections <http://electionlawblog.org/?cat=19>,Supreme Court 
<http://electionlawblog.org/?cat=29>


    “‘Candidates’ Driving Cash-Filled Trucks Through Campaign-Finance
    Loopholes” <http://electionlawblog.org/?p=72544>

Posted onMay 18, 2015 7:14 am 
<http://electionlawblog.org/?p=72544>byRick Hasen 
<http://electionlawblog.org/?author=3>

Peter Overby 
reports<http://www.npr.org/sections/itsallpolitics/2015/05/15/407005810/candidates-driving-cash-filled-trucks-through-campaign-finance-loopholes>for 
NPR.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
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    “Sign of the Times: Florida Governor’s U-Turn on OVR”
    <http://electionlawblog.org/?p=72542>

Posted onMay 18, 2015 7:09 am 
<http://electionlawblog.org/?p=72542>byRick Hasen 
<http://electionlawblog.org/?author=3>

A ChapinBlog 
<http://blog.lib.umn.edu/cspg/electionacademy/2015/05/sign_of_the_times_florida_gove.php>:

    Florida’s experience on OVR is just the latest example of how the
    policy debate has shifted on election issues in recent years. At
    this time four years ago, the hot topic was voter ID and all the
    divisive partisan heat that brings. While ID legislation lives on in
    some legislatures – and clearly in many legislators’ hearts – OVR’s
    emergence as the new trend is legislators is quite remarkable.

    Some of this is the result of the steady support of OVR supporters,
    but I think the biggest factor in OVR’s emergence as a subject of
    “vehement agreement” nationally belongs to the Presidential
    Commission on Election Administration. The PCEA’s report went a long
    toward legitimizing OVR as a topic worthy of bipartisan agreement,
    in part by pointing out to would-be partisan opponents that online
    registration can both expand the rolls with supportive voters AND
    achieve many if not all of the policy goals underlying voter ID.

    Indeed, we’ve reached the point where OVR’s emergence is starting to
    spark new battles within parties instead of between them – like in
    Ohio, where the Secretary of State continues to beat the drum and is
    assembling a Florida-style coalition of county offices in support in
    order to overcome apparent opposition from his fellow Republicans in
    the Legislature.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voting technology 
<http://electionlawblog.org/?cat=40>


    Bauer on the State of the Debate in Campaign Finance
    <http://electionlawblog.org/?p=72540>

Posted onMay 18, 2015 7:06 am 
<http://electionlawblog.org/?p=72540>byRick Hasen 
<http://electionlawblog.org/?author=3>

Not good 
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.moresoftmoneyhardlaw.com_2015_05_state-2Ddebate&d=AwMC-g&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=Ut99gfJwVdJxiSTSug9WEDbMnGnMYpOw3O6kCDw94V8&m=Oi_cgfNwuHaC8yyz5rZqSWJxOL-zD1S7Bb2K49coWx8&s=YaWqVyrd_0r-V1Tn_d5H4vsSB1FfBdRlAYnCKm0r2zU&e=>.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>


    BREAKING: Cert Denied in Wisconsin John Doe Case at SCOTUS
    <http://electionlawblog.org/?p=72535>

Posted onMay 18, 2015 6:35 am 
<http://electionlawblog.org/?p=72535>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here is theorder list 
<http://www.supremecourt.gov/orders/courtorders/051815zor_a86c.pdf>:

    14-872 O’KEEFE, ERIC, ET AL. V. CHISHOLM, JOHN, ET AL. The motion of
    Wisconsin Institute for Law & Liberty for leave to file a brief as
    amicus curiae is granted. The motion of The Maciver Institute for
    Public Policy for leave to file a brief as amicus curiae is granted.
    The motion of Cause of Action for leave to file a brief as amicus
    curiae is granted. The motion of Center for Competitive Politics, et
    al. for leave to file a brief as amici curiae is granted. The motion
    of The Cato Institute for leave to file a brief as amicus curiae is
    granted. The motion of respondents John T. Chisholm, David Robles,
    and Bruce J. Landgraf for leave to file a brief in opposition under
    seal with redacted copies for the public record is granted. The
    petition for a writ of certiorari is denied.

This is not a big surprise, as this really was not a good case for 
looking at the campaign finance/coordination issues presented, 
especially because much of it could be mooted by an expected decision of 
the Wisconsin Supreme Court this summer which, along party lines, could 
well put the case to rest.

(No order today in Evenwel v. Abbott, the one person, one vote 
non-citizen voting case, but I’m expecting an eventual summary 
affirmance [corrected].)

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme 
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    “2016 Campaigns, Official or Not, Are Remade by ‘Super PACs’”
    <http://electionlawblog.org/?p=72533>

Posted onMay 17, 2015 7:40 pm 
<http://electionlawblog.org/?p=72533>byRick Hasen 
<http://electionlawblog.org/?author=3>

Must-read Front-page NYT piece 
<http://www.nytimes.com/2015/05/18/us/politics/super-pacs-are-remaking-16-campaigns-official-or-not.html>by 
Nick Confessore and Eric Lichtblau:

    In this new world, campaigns are not campaigns. And candidates are
    not actually candidates. Though they sometimes forget it.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>,Supreme Court 
<http://electionlawblog.org/?cat=29>


    “Patience Roggensack to stay chief justice for now, after judge
    rules” <http://electionlawblog.org/?p=72531>

Posted onMay 17, 2015 3:13 pm 
<http://electionlawblog.org/?p=72531>byRick Hasen 
<http://electionlawblog.org/?author=3>

Patrick Marley 
<http://www.jsonline.com/news/statepolitics/patience-roggensack-to-stay-chief-justice-for-now-after-judge-rules-b99501052z1-303908631.html>for 
the Milwaukee Journal-Sentinel:

    A federal judge on Friday declined to issue an order allowing
    Shirley Abrahamson to serve as chief justice of the Wisconsin
    Supreme Court while she pursues litigation to allow her to hold that
    job until 2019.

    It was thethird time
    <http://www.jsonline.com/news/statepolitics/supreme-court-justices-legal-fight-could-bring-big-cost-to-wisconsin-taxpayers-b99485322z1-300788121.html>U.S.
    District Judge James Peterson declined to block the Supreme Court
    from putting another justice in charge of Wisconsin’s high court,
    and he hinted Abrahamson would have difficulty ultimately winning
    the lawsuit. He told her lawyer he had the “tougher argument” in the
    case and was “breaking new ground” with his arguments.

    The Supreme Court has been marked by infighting and controversy in
    recent years, and Peterson said it was important to restore its
    reputation. But he isn’t the one who can do that, he said.

    “If there is to be a restoration of the confidence the public feels
    in the Supreme Court, it has to come from the court itself,” he said.

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Posted injudicial elections <http://electionlawblog.org/?cat=19>


    “U.S. Supreme Court is asked to shield major donors in California”
    <http://electionlawblog.org/?p=72529>

Posted onMay 17, 2015 2:17 pm 
<http://electionlawblog.org/?p=72529>byRick Hasen 
<http://electionlawblog.org/?author=3>

David Savage reports 
<http://www.latimes.com/nation/la-na-supreme-court-donors-20150517-story.html>for 
the LAT.

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    “The Right Baits the Left to Turn Against Hillary Clinton”
    <http://electionlawblog.org/?p=72527>

Posted onMay 17, 2015 2:07 pm 
<http://electionlawblog.org/?p=72527>byRick Hasen 
<http://electionlawblog.org/?author=3>

Must-read NYT 
<http://www.nytimes.com/2015/05/17/us/politics/the-right-aims-at-democrats-on-social-media-to-hit-clinton.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-news&WT.nav=top-news&_r=0>on 
Twitter and campaigns:

    For months now, America Rising has sent out a steady stream of posts
    on social media attacking Mrs. Clinton, some of them specifically
    designed to be spotted, and shared, by liberals. The posts highlight
    critiques of her connections to Wall Street and the Clinton
    Foundation and feature images of Democrats like Senator Elizabeth
    Warren of Massachusetts and Mayor Bill de Blasio of New York,
    interspersed with cartoon characters and pictures of Kevin Spacey,
    who plays the villain in “House of Cards.” And as they are read and
    shared, an anti-Clinton narrative is reinforced.

    America Rising is not the only conservative group attacking Mrs.
    Clinton from the left. Another is American Crossroads, the group
    started by Karl Rove, which has been sending out its own digital
    content, including one ad using a speech Ms. Warren gave at the New
    Populism Conference in Washington last May.

    “Powerful interests have tried to capture Washington and rig the
    system in their favor,” intones Ms. Warren, as images of Mrs.
    Clinton with foreign leaders flash by.

    The new-style digital campaign captures some basic facts about
    21st-century communication: Information travels at warp speed on
    social media, it is sometimes difficult to know where that
    information comes from, and most people like to read things with
    which they agree. The result, said Ken Goldstein, a professor of
    politics at the University of San Francisco who specializes in
    political advertising, is something more sophisticated.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Snapchat is going to be huge in 2016 — and regulators have no idea
    how to handle it” <http://electionlawblog.org/?p=72525>

Posted onMay 16, 2015 4:33 pm 
<http://electionlawblog.org/?p=72525>byRick Hasen 
<http://electionlawblog.org/?author=3>

Fusion. <http://fusion.net/story/135572/snapchat-election-2016-apps/>

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<http://electionlawblog.org/?cat=59>


    “I flew a gyrocopter onto the Capitol Lawn to save our democracy”
    <http://electionlawblog.org/?p=72523>

Posted onMay 16, 2015 4:31 pm 
<http://electionlawblog.org/?p=72523>byRick Hasen 
<http://electionlawblog.org/?author=3>

Doug Hughes 
<http://www.washingtonpost.com/opinions/i-flew-a-gyrocopter-onto-the-capitol-lawn-to-save-our-democracy/2015/05/15/072590ae-fb0d-11e4-9030-b4732caefe81_story.html?hpid=z2>WaPo 
oped.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>


    “How Money Runs Our Politics” <http://electionlawblog.org/?p=72520>

Posted onMay 16, 2015 1:39 pm 
<http://electionlawblog.org/?p=72520>byRick Hasen 
<http://electionlawblog.org/?author=3>

Elizabeth Drew 
<http://www.nybooks.com/articles/archives/2015/jun/04/how-money-runs-our-politics/>in 
the NY Review of Books:

    The three major defects of our election system—in voter
    registration, redistricting, and campaign finance—have all become
    worse in recent years. As a nation we’ve drifted very far from our
    moorings of truly representational government. Because of what has
    become known about the large sums of money being invested in the
    candidates by the super-wealthy at an early stage of the 2016
    campaigns, the fact that something has gone wrong has begun to take
    hold. That may be the first step toward reform; what’s needed after
    that are stamina and keeping our attention on the fundamental
    requirements of a democracy.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,The 
Voting Wars <http://electionlawblog.org/?cat=60>


    Watch the Debate on Citizens United from the National Constitution
    Center <http://electionlawblog.org/?p=72517>

Posted onMay 15, 2015 5:25 pm 
<http://electionlawblog.org/?p=72517>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here. 
<http://blog.constitutioncenter.org/2015/05/town-hall-video-was-citizens-united-wrongly-decided/>

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,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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