[EL] CTADC First Amendment decision

Tue Aug 2 08:06:21 PDT 2016

That's a somewhat, shall we say, starboard-leaning panel.

On Tue, Aug 2, 2016 at 10:44 AM, Marty Lederman <lederman.marty at gmail.com>
wrote:

> I don't imagine this is a very big deal; but others would know better than
> I:
>
>
> https://www.cadc.uscourts.gov/internet/opinions.nsf/BE823FAEEAD9111185258003005090F3/$file/15-5264-1628137.pdf
>
> On Tue, Aug 2, 2016 at 1:05 PM, Rick Hasen <rhasen at law.uci.edu> wrote:
>
>> “Turning the Tide on Voting Rights” <http://electionlawblog.org/?p=84837>
>>
>> Posted on August 2, 2016 5:02 am <http://electionlawblog.org/?p=84837> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> I have written this oped
>> <http://www.nytimes.com/2016/08/02/opinion/campaign-stops/turning-the-tide-on-voting-rights.html?ref=opinion&_r=0>
>>  for the NY Times. It begins:
>>
>> *Has the tide against restrictive voting laws turned?*
>>
>> *In the last few weeks, voting rights groups, in some instances working
>> with the Department of Justice, have posted a series of victories that
>> seemed unlikely when their cases against these laws were first brought. The
>> rights of hundreds of thousands of voters are at stake.*
>>
>>  Another snippet:
>>
>> *These battles are not over, and further appeals could still lead to
>> reversals. But there are two reasons to be optimistic that we are nearing
>> the end of an era of increasingly restrictive voting rules imposed just
>> about exclusively by Republican legislators and election officials over the
>> objections of Democrats and voting rights groups.*
>>
>> *First, the changing composition of the Supreme Court and the lower
>> courts makes sustaining such rules less likely. If the conservative Supreme
>> Court justice Antonin Scalia were still alive, Texas would have raced to
>> the Supreme Court with an emergency petition, but there are no longer five
>> justices willing to uphold restrictive voting laws. The lower courts are
>> also changing. A few years ago, if North Carolina had appealed the decision
>> to the full Fourth Circuit, the state probably would have won. But
>> retirements and new judges have turned the Fourth Circuit into a much more
>> liberal court
>> <http://www.jdsupra.com/post/fileServer.aspx?fName=adbe1ea2-2cba-49ea-a673-49df1fd3158e.pdf>.*
>>
>> *Second, Republican legislatures overplayed their hand. After the Supreme
>> Court gave the green light in 2008 to Indiana’s strict voter identification
>> law in Crawford v. Marion County Election Board
>> <https://www.law.cornell.edu/supct/html/07-21.ZS.html> and effectively
>> gutted preclearance in Shelby County v. Holder in 2013, Republican
>> legislatures, offering ever flimsier justifications, made laws even
>> stricter.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84837&title=%26%238220%3BTurning%20the%20Tide%20on%20Voting%20Rights%26%238221%3B&description=>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>, voter id
>> <http://electionlawblog.org/?cat=9>, Voting Rights Act
>> <http://electionlawblog.org/?cat=15>
>> “Federal judge blocks N. Dakota’s voter-ID law, calling it unfair to
>> Native Americans” <http://electionlawblog.org/?p=84835>
>>
>> Posted on August 1, 2016 9:41 pm <http://electionlawblog.org/?p=84835> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Bob Barnes
>> <https://www.washingtonpost.com/politics/courts_law/federal-judge-blocks-n-dakotas-voter-id-law-calling-it-unfair-to-native-americans/2016/08/01/47a903e0-582c-11e6-9767-f6c947fd0cb8_story.html>
>>  for WaPo.
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84835&title=%26%238220%3BFederal%20judge%20blocks%20N.%20Dakota%E2%80%99s%20voter-ID%20law%2C%20calling%20it%20unfair%20to%20Native%20Americans%26%238221%3B&description=>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>, voter id
>> <http://electionlawblog.org/?cat=9>, Voting Rights Act
>> <http://electionlawblog.org/?cat=15>
>> Josh Marshall on Trump’s Rumblings of a Rigged Election
>> <http://electionlawblog.org/?p=84833>
>>
>> Posted on August 1, 2016 9:41 pm <http://electionlawblog.org/?p=84833> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Must-read: <http://talkingpointsmemo.com/edblog/feel-the-state-tremble>
>>
>> *Whether Trump is starting to lay the groundwork for contesting the
>> election on claims of widespread voter impersonation fraud or some kind of
>> broader effort for election officials to falsify results, we’re entering a
>> dangerous new phase of the 2016 election campaign.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84833&title=Josh%20Marshall%20on%20Trump%26%238217%3Bs%20Rumblings%20of%20a%20Rigged%20Election&description=>
>>
>> Posted in chicanery <http://electionlawblog.org/?cat=12>, fraudulent
>> fraud squad <http://electionlawblog.org/?cat=8>
>> “Will the Court Revisit Shelby County?”
>> <http://electionlawblog.org/?p=84831>
>>
>> Posted on August 1, 2016 9:34 pm <http://electionlawblog.org/?p=84831> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Zack Roth
>> <http://www.slate.com/articles/news_and_politics/jurisprudence/2016/08/why_the_supreme_court_won_t_likely_revisit_shelby_county.html>
>>  for Slate:
>>
>> *Some liberals are even starting to hope that a future Supreme Court—with
>> a ninth member appointed by President Hillary Clinton—could
>> overturn Shelby. It’s not impossible, but the idea isn’t on voting rights
>> advocates’ immediate radar.Shelbyinvalidated the plank of the Voting Rights
>> Act, known as Section 5, that had required areas with a history of racial
>> discrimination in voting to get their election changes pre-approved by the
>> federal government. With Section 5 no longer in effect, most experts think
>> it would be difficult to fashion a case challenging Shelby, and that even
>> if you could, restoring Section 5 by judicial fiat might be too aggressive
>> for some of the court’s liberals.*
>>
>> *More likely, for now, is that the court takes a different approach.
>> Since Shelby, another plank of the Voting Rights Act, Section 2, has become
>> even more crucial
>> <http://www.slate.com/articles/news_and_politics/jurisprudence/2016/07/the_5th_circuit_left_an_opening_for_texas_to_lose_control_of_its_discriminatory.html>.
>> Conservatives have long sought to limit Section 2’s scope, by arguing that
>> it applies only to explicit and intentional racial discrimination, not
>> actions that have a discriminatory effect. That’s a claim Texas made in
>> defending its voter ID law. (So too did John Roberts, as a young lawyer in
>> the Reagan Justice Department back in 1981, in a memo to his boss. And it’s
>> one that, as the appeals court in that case noted, would make Section 2 all
>> but useless, since few people writing laws these days announce their
>> intention to racially discriminate. A Supreme Court opinion resoundingly
>> affirming the idea that Section 2’s ban on racial bias in voting should be
>> read broadly would strengthen the Voting Rights Act and make it much easier
>> for lower courts to continue blocking laws that obstruct the right to vote.
>> And unlike restoring Section 5, it would have an impact nationwide.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84831&title=%26%238220%3BWill%20the%20Court%20Revisit%20Shelby%20County%3F%26%238221%3B&description=>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>, voter id
>> <http://electionlawblog.org/?cat=9>, Voting Rights Act
>> <http://electionlawblog.org/?cat=15>
>> “Ex-GOP official goes bonkers after court cites his ‘Daily Show’ remarks
>> to kill NC voter ID law” <http://electionlawblog.org/?p=84829>
>>
>> Posted on August 1, 2016 8:27 pm <http://electionlawblog.org/?p=84829> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Raw Story
>> <http://www.rawstory.com/2016/08/ex-gop-official-goes-bonkers-after-court-cites-his-daily-show-remarks-to-kill-nc-voter-id-law/>
>> .
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84829&title=%26%238220%3BEx-GOP%20official%20goes%20bonkers%20after%20court%20cites%20his%20%E2%80%98Daily%20Show%E2%80%99%20remarks%20to%20kill%20NC%20voter%20ID%20law%26%238221%3B&description=>
>>
>> Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8>
>> “5 Major GOP Voting Restrictions Have Been Blocked in 10 Days”
>> <http://electionlawblog.org/?p=84827>
>>
>> Posted on August 1, 2016 4:28 pm <http://electionlawblog.org/?p=84827> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Ari Berman writes
>> <https://www.thenation.com/article/5-major-gop-voting-restrictions-were-blocked-in-10-days/>
>>  for The Nation.
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84827&title=%26%238220%3B5%20Major%20GOP%20Voting%20Restrictions%20Have%20Been%20Blocked%20in%2010%20Days%26%238221%3B&description=>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>
>> Roger Stone is a Disgrace <http://electionlawblog.org/?p=84825>
>>
>> Posted on August 1, 2016 4:20 pm <http://electionlawblog.org/?p=84825> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Quote in Breitbart,
>> <http://www.breitbart.com/milo/2016/07/29/roger-stone-milo-show-trump-can-fight-voter-fraud/>
>>  stoking irresponsible and dangerous voter fraud fears:
>>
>> *“I think we have widespread voter fraud, but the first thing that Trump
>> needs to do is begin talking about it constantly,” Stone said. “He needs to
>> say for example, today would be a perfect example: ‘I am leading in
>> Florida. The polls all show it. If I lose Florida, we will know that
>> there’s voter fraud. If there’s voter fraud, this election will be
>> illegitimate, the election of the winner will be illegitimate, we will have
>> a constitutional crisis, widespread civil disobedience, and the government
>> will no longer be the government.’”*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84825&title=Roger%20Stone%20is%20a%20Disgrace&description=>
>>
>> Posted in chicanery <http://electionlawblog.org/?cat=12>, fraudulent
>> fraud squad <http://electionlawblog.org/?cat=8>
>> WI Files Emergency 7th Circuit Stay Motion in WI Voter ID Case (Frank v.
>> Walker) <http://electionlawblog.org/?p=84823>
>>
>> Posted on August 1, 2016 4:07 pm <http://electionlawblog.org/?p=84823> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Release
>> <https://www.doj.state.wi.us/news-releases/ag-schimel-files-emergency-motion-seeking-stay-voter-id-case>
>> . Motion
>> <https://www.doj.state.wi.us/sites/default/files/news-media/Frank%20Expedited%20Motion%20to%20Stay%20Injunction.pdf>
>> .
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84823&title=WI%20Files%20Emergency%207th%20Circuit%20Stay%20Motion%20in%20WI%20Voter%20ID%20Case%20(Frank%20v.%20Walker)&description=>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>, voter id
>> <http://electionlawblog.org/?cat=9>, Voting Rights Act
>> <http://electionlawblog.org/?cat=15>
>> “In voter ID case, GOP leader says ‘Daily Show’ source a ‘pain in the …’”
>> <http://electionlawblog.org/?p=84821>
>>
>> Posted on August 1, 2016 3:55 pm <http://electionlawblog.org/?p=84821> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> News & Observer
>> <http://www.newsobserver.com/news/politics-government/article93077422.html>
>> :
>>
>> *A formal federal court ruling’s unusual reference to “The Daily Show
>> with Jon Stewart” has left North Carolina Republicans again distancing
>> themselves from a former party official who made racially charged remarks
>> back in 2013 about the state’s voter ID law.*
>>
>> *The 4th Circuit Court of Appeals decision, published Friday, quotes
>> former Buncombe County, North Carolina, precinct chairman Don Yelton as
>> saying on the Daily Show three years ago: If the N.C. voter ID law “hurts
>> the whites, so be it. If it hurts a bunch of lazy blacks that want the
>> government to give them everything, so be it.”*
>>
>> *Yelton’s interview on the satirical Comedy Central show helped federal
>> judges make the case that North Carolina’s* *voter ID law is
>> <http://www.newsobserver.com/news/politics-government/state-politics/article92593512.html> discriminatory.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84821&title=%26%238220%3BIn%20voter%20ID%20case%2C%20GOP%20leader%20says%20%E2%80%98Daily%20Show%E2%80%99%20source%20a%20%E2%80%98pain%20in%20the%20%26%238230%3B%E2%80%99%26%238221%3B&description=>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>> “Bloomberg Law: Voter I.D. Laws Go to Court Across U.S. (Audio)”
>> <http://electionlawblog.org/?p=84819>
>>
>> Posted on August 1, 2016 3:52 pm <http://electionlawblog.org/?p=84819> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Rick Pildes and I were guests. Listen.
>> <http://www.bloomberg.com/news/audio/2016-08-01/bloomberg-law-voter-i-d-laws-go-to-court-across-u-s-audio>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84819&title=%26%238220%3BBloomberg%20Law%3A%20Voter%20I.D.%20Laws%20Go%20to%20Court%20Across%20U.S.%20(Audio)%26%238221%3B&description=>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>, voter id
>> <http://electionlawblog.org/?cat=9>, Voting Rights Act
>> <http://electionlawblog.org/?cat=15>
>> Goldfeder Presidential Daily Quiz <http://electionlawblog.org/?p=84817>
>>
>> Posted on August 1, 2016 2:52 pm <http://electionlawblog.org/?p=84817> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Get your fix.
>> <http://www.stroock.com/files/upload/JerryGoldfederDailyQuiz.pdf>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84817&title=Goldfeder%20Presidential%20Daily%20Quiz&description=>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>> Trump Ups Ante, Suggests Election Could Be Rigged
>> <http://electionlawblog.org/?p=84814>
>>
>> Posted on August 1, 2016 2:04 pm <http://electionlawblog.org/?p=84814> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Sopan Deb  <https://twitter.com/SopanDeb/status/760210864301416448>has
>> the quote in context:
>>
>> [image: rumpquote]
>> <http://electionlawblog.org/wp-content/uploads/trumpquote.jpg>
>>
>> It reminds me of my April Fool’s post, <https://t.co/wZt5bbtg9m> “Trump:
>> I Will Take Office if I Win the Popular Vote, Even If I Lose Electoral
>> College”
>>
>> Except now it is not funny (anymore).
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84814&title=Trump%20Ups%20Ante%2C%20Suggests%20Election%20Could%20Be%20Rigged&description=>
>>
>> Posted in The Voting Wars <http://electionlawblog.org/?cat=60>
>> Breaking: Federal Court Stops North Dakota Strict Voter ID Law, Requires
>> “Fail Safe” Voting Workaround <http://electionlawblog.org/?p=84811>
>>
>> Posted on August 1, 2016 1:00 pm <http://electionlawblog.org/?p=84811> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> The latest
>> <http://electionlawblog.org/wp-content/uploads/north-dakota-position.pdf>in
>> the trend.
>>
>> The court found the new law is very burdensome on Native Americans in
>> North Dakota, many of whom lack the right documentation to meet the
>> requirements.
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84811&title=Breaking%3A%20Federal%20Court%20Stops%20North%20Dakota%20Strict%20Voter%20ID%20Law%2C%20Requires%20%26%238220%3BFail%20Safe%26%238221%3B%20Voting%20Workaround&description=>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>
>> Deleted Tweet of the Day <http://electionlawblog.org/?p=84809>
>>
>> Posted on August 1, 2016 12:57 pm <http://electionlawblog.org/?p=84809>
>> by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Polititwoops
>> <http://politwoops.sunlightfoundation.com/tweet/758861460890017797>:
>>
>> [image: oryBooker]
>> <http://politwoops.sunlightfoundation.com/user/CoryBooker>
>> Cory Booker (D)
>> <http://politwoops.sunlightfoundation.com/user/CoryBooker> @CoryBooker
>> <http://politwoops.sunlightfoundation.com/user/CoryBooker>
>>
>> RT @kenvogel <http://twitter.com/kenvogel>: “If necessary, we will pass
>> a constitutional amendment to overturn Citizens United.” *After my super
>> PAC spends $200M+ to help elect me.
>>
>> Cory Booker <http://twitter.com/CoryBooker>Deleted after 1 minute about
>> 18 hours
>> <http://politwoops.sunlightfoundation.com/tweet/758861460890017797> ago,
>> via Twitter for iPhone <http://twitter.com/download/iphone>. Original
>> tweet by @kenvogel
>> <http://www.twitter.com/kenvogel/status/758860489673715718>.
>>
>> reply
>> <http://twitter.com/share?text=%40CoryBooker+&url=http://politwoops.sunlightfoundation.com/tweet/758861460890017797&via=SunFoundation>
>> retweet
>> <http://twitter.com/share?text=DT+%40CoryBooker+RT+%40kenvogel%3A+%22If+necessary%2C+we+will+pass+a+constitutional+amendment+to+overturn+Citizens+United.%22%0A%2AAfter+my+super+PAC+spends+%24200M%2B+to+hel%E2%80%A6&url=http://politwoops.sunlightfoundation.com/tweet/758861460890017797>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84809&title=Deleted%20Tweet%20of%20the%20Day&description=>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>> “Update on CREW v. FEC” <http://electionlawblog.org/?p=84807>
>>
>> Posted on August 1, 2016 12:36 pm <http://electionlawblog.org/?p=84807>
>> by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Release
>> <http://www.citizensforethics.org/press-release/update-crew-v-fec/>:
>>
>> *After obtaining more than 1,600 pages of internal documents from the
>> Federal Election Commission (FEC)’s investigation of the dark money group
>> Commission on Hope, Growth and Opportunity (CHGO) which make it clear that
>> CHGO was created for the explicit purpose of influencing elections while
>> evading disclosure, Citizens for Responsibility and Ethics in Washington
>> (CREW) filed a motion in federal court for judgment declaring that the
>> FEC’s failure to act against CHGO violated the Federal Election Campaign
>> Act.*
>>
>> *Late last year, CREW sued the FEC for not acting despite the fact that
>> the FEC’s own Office of the General Counsel recommended three times that
>> the agency take action against CHGO for violating the law. The new
>> documents reveal false testimony to the FEC, obstruction of an FEC
>> subpoena, missing and likely destroyed documents and a previously
>> unreleased fundraising letter bragging about CHGO’s purpose being electoral
>> spending without disclosure…*
>>
>> *CREW today released the 1,600 pages of internal FEC documents, which you
>> can read HERE
>> <https://www.scribd.com/document/319863810/Fec-CHGO-FOIA-Release>*
>>
>> *Click HERE
>> <http://s3.amazonaws.com/storage.citizensforethics.org/wp-content/uploads/2016/08/01131820/2016-07-28-19-CREW-MSJ-2.pdf> to
>> read the motion, HERE
>> <http://link.email.dynect.net/link.php?DynEngagement=true&H=O4Q4i%2B%2BNvUOnGBVX4XCh7iCzY5P80%2BVDjUeMmhBzww%2FHb%2B8FjDd5yTI6oIDJAf1hvUiXDe5BAfTxPrh%2B3z4DS0bLOp1aU8jVEdmpuha593Bh0RsetfgTvg%3D%3D&G=0&R=http%3A%2F%2Fwww.citizensforethics.org%2Fpress-release%2Fcrew-files-criminal-complaint-against-rubio-finance-chair-dc-power-players%2F&I=20160801133129.00000089b278%40mail6-22-ewr&X=MHwxMDQ2NzU4OjU3OWYzOGU0N2Q2OTI2ZmJlMjFlZTFiZDs%3D&S=1h-R5_Zu3d6PBNBbov84Cx6thqzp5asCJZ8ArjFGbBY> for
>> the lawsuit and HERE
>> <http://link.email.dynect.net/link.php?DynEngagement=true&H=O4Q4i%2B%2BNvUOnGBVX4XCh7iCzY5P80%2BVDjUeMmhBzww%2FHb%2B8FjDd5yTI6oIDJAf1hvUiXDe5BAfTxPrh%2B3z4DS0bLOp1aU8jVEdmpuha593Bh0RsetfgTvg%3D%3D&G=0&R=http%3A%2F%2Fwww.citizensforethics.org%2Flegal-filling%2Firs-fec-complaints-commission-hope-growth-opportunity-chgo-2012%2F&I=20160801133129.00000089b278%40mail6-22-ewr&X=MHwxMDQ2NzU4OjU3OWYzOGU0N2Q2OTI2ZmJlMjFlZTFiZDs%3D&S=CiBGz8PgqXWnO8Wf70ub_pSqDh6q5aSzCtRvF7ZNGIE> for
>> the original complaint*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84807&title=%26%238220%3BUpdate%20on%20CREW%20v.%20FEC%26%238221%3B&description=>
>>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
>> election commission <http://electionlawblog.org/?cat=24>
>> WI to Appeal Latest WI Voting Ruling to the 7th Circuit
>> <http://electionlawblog.org/?p=84805>
>>
>> Posted on August 1, 2016 12:32 pm <http://electionlawblog.org/?p=84805>
>> by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> I missed this detail in the excellent reporting of the Milwaukee
>> Journal-Sentinel.
>> <http://archive.jsonline.com/news/statepolitics/judge-strikes-down-voter-id-early-voting-laws-b99767669z1-388708211.html>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84805&title=WI%20to%20Appeal%20Latest%20WI%20Voting%20Ruling%20to%20the%207th%20Circuit&description=>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>
>> “Despite Gains in Participation Among Certain Groups, New Research Shows
>> that the American Electorate Still Does Not Represent the American People”
>> <http://electionlawblog.org/?p=84803>
>>
>> Posted on August 1, 2016 11:52 am <http://electionlawblog.org/?p=84803>
>> by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Release
>> <http://www.projectvote.org/press-releases/new-research-shows-american-electorate-still-not-represent-american-people/>
>> :
>>
>> *With just over three months until the 2016 election, a major new report
>> from voting rights group Project Vote identifies where participatory gaps
>> still exist in the American electorate.*
>>
>> *In Representational Bias in the 2014 Electorate
>> <http://www.projectvote.org/representational-bias-2014-electorate/>, Project
>> Vote Research Director LaShonda Brenson, Ph.D. analyzes registration and
>> voting rates over every midterm and presidential election since 2004. The
>> report examines participation for different demographic groups—according to
>> race and ethnicity, age, gender, income, education, and other factors—to
>> determine the ways in which the American electorate is becoming more or
>> less representative of the citizen population.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84803&title=%26%238220%3BDespite%20Gains%20in%20Participation%20Among%20Certain%20Groups%2C%20New%20Research%20Shows%20that%20the%20American%20Electorate%20Still%20Does%20Not%20Represent%20the%20American%20Peo>
>>
>> Posted in voting <http://electionlawblog.org/?cat=31>
>> “North Carolina voter ID law is struck down as racially discriminatory”
>> <http://electionlawblog.org/?p=84801>
>>
>> Posted on August 1, 2016 11:08 am <http://electionlawblog.org/?p=84801>
>> by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Steve Mazzie
>> <http://www.economist.com/blogs/democracyinamerica/2016/08/its-duck> for
>> The Economist.
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84801&title=%26%238220%3BNorth%20Carolina%20voter%20ID%20law%20is%20struck%20down%20as%20racially%20discriminatory%26%238221%3B&description=>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>> “Civil Rules Interpretive Theory” <http://electionlawblog.org/?p=84799>
>>
>> Posted on August 1, 2016 10:13 am <http://electionlawblog.org/?p=84799>
>> by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Lumen Mulligan and Glen Staszewski have posted this draft
>> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2814194> on SSRN.
>> Here is the abstract:
>>
>> *We claim that the proper method of interpreting the Federal Rules of
>> Civil Procedure — civil rules interpretive theory — should be recognized as
>> a distinct field of scholarly inquiry and judicial practice. Fundamentally,
>> the Rules are not statutes. Yet the theories of statutory interpretation
>> that are typically imported into Rules cases by the courts rely upon a
>> principle of legislative supremacy that is inapplicable in this context.
>> That said, we recognize the Rules as authoritative law that is generally
>> amenable to a form of jurisprudential purposivism. Working from this newly
>> elucidated normative foundation, we reject the Rules-as-statutes
>> interpretive approach so often forwarded by the Supreme Court. We turn next
>> to the two alternative interpretive approaches to the Rules in the nascent
>> scholarly literature. We reject the inherent authority model, which views
>> the Court as an unconstrained policymaker in Rules cases, as failing to
>> respect rule-of-law values. We also decline to adopt the regime-specific
>> purposive model because it fails to recognize that the Court faces a
>> question of policymaking form in Rules cases and disregards the
>> institutional advantages provided by the court rulemaking process. Rather,
>> we advocate for an administrative-law model of Rules interpretation that
>> respects the rule of law and promotes the institutional advantages
>> appertaining to purposive textual interpretation by the high court,
>> Advisory Committee policy setting, and lower court application of
>> discretion.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84799&title=%26%238220%3BCivil%20Rules%20Interpretive%20Theory%26%238221%3B&description=>
>>
>> Posted in statutory interpretation <http://electionlawblog.org/?cat=21>
>> “The Right to Vote Under Local Law” <http://electionlawblog.org/?p=84797>
>>
>> Posted on August 1, 2016 8:15 am <http://electionlawblog.org/?p=84797> by
>>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Josh Douglas has posted this draft
>> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2816972> on an
>> important but understudied aspect of election law.  Here is the abstract:
>>
>> *A complete analysis of the right to vote requires at least three levels
>> of inquiry: the U.S. Constitution and federal law, state constitutions and
>> state law, and local laws that confer voting rights for municipal
>> elections. But most voting rights scholarship focuses on only federal or
>> state law and omits any discussion of the third category. This article—the
>> first to explore in-depth the local right to vote—completes the trilogy.
>> Cities and towns across the country are expanding the right to vote in
>> municipal elections to include sixteen- and seventeen-year-olds,
>> noncitizens, nonresident property owners, and others. San Francisco, for
>> example, will decide soon whether to lower the voting age to sixteen for
>> its elections. This article highlights these developments, encourages local
>> voter expansions, and provides a test for courts to use when facing a
>> judicial challenge to these rules. If states are “laboratories of
>> democracy” that may experiment with social policies, then municipalities
>> are “test tubes of democracy” that also can try out novel democratic rules,
>> such as broadening the right to vote, on a smaller scale. Historically,
>> some voter expansions, such as the elimination of property requirements and
>> the women’s suffrage movement, enjoyed early successes at the local level.
>> Local voting rights, then, can serve as catalysts for broader reforms as
>> they “trickle across” to other municipalities and “trickle up” to states
>> and Congress. As a matter of policy, local jurisdictions should enfranchise
>> anyone who has a sufficient stake in local affairs and has the proper
>> incentives and ability to make informed choices about who should lead
>> them—which might include sixteen- and seventeen-year-olds, noncitizens (who
>> are legal permanent residents), nonresident property owners, felons, or
>> others. States with barriers to local voting laws, through substantive
>> voter qualifications or lack of “home rule” authorization to localities,
>> should amend their state constitutional provisions or statutes. (An
>> Appendix presents a 50-state chart on the possibility in each jurisdiction
>> of enacting local voting laws.) Courts should defer to local laws that
>> expand the right to vote as a means of local democracy, but should not
>> defer to restrictions on the right to vote because limiting who may vote
>> harms the ideal of democratic inclusion. Robust protection of the right to
>> vote depends on local voting rules as an early component of the reform
>> effort. Enhanced local voting rights will produce a more representative
>> local government, create a habit of voting for various groups such as
>> younger voters that will ameliorate low turnout, and strengthen local
>> democracy.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84797&title=%26%238220%3BThe%20Right%20to%20Vote%20Under%20Local%20Law%26%238221%3B&description=>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>
>>
>>
>>
>> --
>>
>> 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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>>
>
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-- 
Samuel Bagenstos
sbagen at gmail.com
Twitter: @sbagen
My University of Michigan homepage:
http://www.law.umich.edu/FacultyBio/Pages/FacultyBio.aspx?FacID=sambagen
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