[EL] Scott Walker pays fines

JBoppjr at aol.com JBoppjr at aol.com
Sat Feb 27 06:04:55 PST 2016


Regarding this post:
 
 
_Scott Walker Paid Fines  for Accepting Corporate and Excessive Campaign 
Contributions_ (http://electionlawblog.org/?p=80373) 
 
Posted  on _February 26, 2016 5:35  pm_ 
(http://electionlawblog.org/?p=80373)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_This  is back _ 
(http://www.startribune.com/gov-walker-s-campaign-paid-28-300-campaign-finance-penalty/370322821/) when Wisconsin still  had 
meaningful campaign finance laws and a reputable agency to enforce them. 
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80373&title=Scott%20Walker%20Paid%20Fines%20for%20Accepting%20Corporate%20and%20Exces
sive%20Campaign%20Contributions&description=) 




 
My take is that is "this is when Wisconsin had  unconstitutionally 
overbroad and vague laws that governmental officials  enforced in arbitrary and 
partisan ways."  
 
But we have been advised by Rick that, alas, Rick's  opinions on this 
listserve are no longer debatable.  See Rick's recent post  to Brad Smith..  Jim 
Bopp
 
In a message dated 2/26/2016 8:44:03 P.M. Eastern Standard Time,  r
hasen at law.uci.edu writes:



_“Donald Trump Might  Not Keep Paying for His Campaign Himself, Chris 
Christie  Suggests”_ (http://electionlawblog.org/?p=80377) 
 
Posted  on _February 26, 2016 5:41  pm_ 
(http://electionlawblog.org/?p=80377)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_Maggie  Haberman_ 
(http://www.nytimes.com/politics/first-draft/2016/02/26/donald-trump-might-not-keep-paying-for-his-campaign-himself-chris-christie-su
ggests/)  for the NYT. 
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80377&title=“Donald%20Trump%20Might%20Not%20Keep%20Paying%20for%20His%20Campaig
n%20Himself,%20Chris%20Christie%20Suggests”&description=) 


Posted  in _campaign  finance_ (http://electionlawblog.org/?cat=10) , 
_campaigns_ (http://electionlawblog.org/?cat=59) 
_“Remember When Ted  Cruz Helped Suppress the Minority Vote in Texas?”_ 
(http://electionlawblog.org/?p=80375) 
 
Posted  on _February 26, 2016 5:38  pm_ 
(http://electionlawblog.org/?p=80375)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_Spencer  Woodman_ 
(https://newrepublic.com/article/130530/remember-ted-cruz-helped-suppress-minority-vote-texas)  for TNR. 
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80375&title=“Remember%20When%20Ted%20Cruz%20Helped%20Suppress%20the%20Minority%
20Vote%20in%20Texas?”&description=) 


Posted  in _fraudulent fraud  squad_ (http://electionlawblog.org/?cat=8) 
_Scott Walker Paid  Fines for Accepting Corporate and Excessive Campaign  
Contributions_ (http://electionlawblog.org/?p=80373) 
 
Posted  on _February 26, 2016 5:35  pm_ 
(http://electionlawblog.org/?p=80373)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_This  is back _ 
(http://www.startribune.com/gov-walker-s-campaign-paid-28-300-campaign-finance-penalty/370322821/) when Wisconsin still  had 
meaningful campaign finance laws and a reputable agency to enforce  them. 
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80373&title=Scott%20Walker%20Paid%20Fines%20for%20Accepting%20Corporate%20and%20Exces
sive%20Campaign%20Contributions&description=) 


Posted  in _campaign  finance_ (http://electionlawblog.org/?cat=10) , 
_chicanery_ (http://electionlawblog.org/?cat=12) 
_“Mississippi will  appeal order to change Dem primary ballot”_ 
(http://electionlawblog.org/?p=80371) 
 
Posted  on _February 26, 2016 5:31  pm_ 
(http://electionlawblog.org/?p=80371)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_AP:_ 
(http://www.sunherald.com/news/state/mississippi/article62471962.html)  
Mississippi’s  top elections official said Thursday that he will ask the 
U.S. Supreme Court  to overturn a state court order telling him to add another 
candidate to the  March 8 Democratic presidential primary ballot. 
Secretary  of State Delbert Hosemann said he intends to file his appeal 
with the  nation’s highest court Friday and he did not know whether it would 
receive  rapid consideration.
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80371&title=“Mississippi%20will%20appeal%20order%20to%20change%20Dem%20primary%
20ballot”&description=) 


Posted  in _ballot  access_ (http://electionlawblog.org/?cat=46) 
_“Donors ask GOP  consulting firm to research independent presidential bid”
_ (http://electionlawblog.org/?p=80369) 
 
Posted  on _February 26, 2016 5:29  pm_ 
(http://electionlawblog.org/?p=80369)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_Politico  reports._ 
(http://www.politico.com/story/2016/02/doors-gop-consulting-independent-219859)  
 
 (h
ttps://www.addtoany.com/share#url=http://electionlawblog.org/?p=80369&title=“Donors%20ask%20GOP%20consulting%20firm%20to%20research%20independe
nt%20presidential%20bid”&description=) 


Posted  in _ballot access_ (http://electionlawblog.org/?cat=46) , 
_campaigns_ (http://electionlawblog.org/?cat=59) 
_“When Super PACs Go  Dark: LLCs Fuel Secret Spending”_ 
(http://electionlawblog.org/?p=80367) 
 
Posted  on _February 26, 2016 5:25  pm_ 
(http://electionlawblog.org/?p=80367)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_Eliza_ 
(http://prospect.org/article/when-super-pacs-go-dark-llcs-fuel-secret-spending) : 
A  hallmark of super PACs, the political action committees that may raise  
unlimited contributions if they act independently from candidates, is that  
they must publicly disclose their donors. 
But  in this election, super PACs and their backers are proving 
increasingly  adept at skirting the federal disclosure rules, particularly through the 
use  of limited liability companies, or LLCs—a type of business entity that  
leaves no paper trail and gives political players cover to hide their  
identities.
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80367&title=“When%20Super%20PACs%20Go%20Dark:%20LLCs%20Fuel%20Secret%20Spending
”&description=) 


Posted  in _campaign  finance_ (http://electionlawblog.org/?cat=10) 
_“Scalia Took Dozens of  Trips Funded by Private Sponsors”_ 
(http://electionlawblog.org/?p=80365) 
 
Posted  on _February 26, 2016 5:23  pm_ 
(http://electionlawblog.org/?p=80365)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_Eric  Lipton_ 
(http://www.nytimes.com/2016/02/27/us/politics/scalia-led-court-in-taking-trips-funded-by-private-sponsors.html)  for the NYT: 
When _Justice  Scalia_ 
(http://topics.nytimes.com/top/reference/timestopics/people/s/antonin_scalia/index.html?inline=nyt-per)  died two weeks ago,  he 
was staying, again for free, at a West Texas hunting lodge owned by a  
businessman whose company had recently had a matter before the _Supreme  Court_ 
(http://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_
court/index.html?inline=nyt-org) . 
Though that trip has brought  new attention to the justice’s penchant for 
travel, it was in addition to  the 258 subsidized trips that he took from 
2004 to 2014. Justice Scalia went  on at least 23 privately funded trips in 
2014 alone to places like Hawaii,  Ireland and Switzerland, giving speeches, 
participating in moot court events  or teaching classes. A few weeks before 
his death, he was in _Singapore  and Hong Kong_ 
(http://www.law.cuhk.edu.hk/en/events/detail.php?paramDate=2016-02-01&guid=F50BE73D-CC48-8EDE-6D3F-E18629BF
4CE4-1453278297) …. 
After Justice Scalia, the  second most active traveler on the current court 
is Justice Stephen G.  Breyer, who took 185 privately paid trips from 2004 
to 2014, according to a  database built by the Center for Responsive 
Politics, based on individual  reports filed by the justices. Chief Justice John G. 
Roberts Jr., based on a  yearly average, had the fewest of these privately 
funded trips — a total of  48 from 2005 to 2014, the last year for which 
records are available. Over  all, Supreme Court members disclosed 1,009 paid 
trips between 2004 and  2014. 
The destinations often are  luxurious, including the Casa de Campo Resort 
in the Dominican Republic,  where Justice Samuel A. Alito Jr. was listed as a 
speaker for an_event  last February,_ 
(https://www.federalbarcouncil.org/FBCFiles/2013_2014_FBC_Annual_Report_Website.pdf)  or Zurich,  where Justice 
Scalia traveled at least three times on privately funded  trips…. 
The disclosure reports show  that the majority of the privately funded 
trips — by far — are sponsored by  universities, both in the United States and 
around the world.
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80365&title=“Scalia%20Took%20Dozens%20of%20Trips%20Funded%20by%20Private%20Spon
sors”&description=) 


Posted  in _conflict of interest  laws_ 
(http://electionlawblog.org/?cat=20) , _Supreme  Court_ (http://electionlawblog.org/?cat=29) 
_“Lawsuit Challenging  San Juan County’s Mail-Only Electoral System Filed”
_ (http://electionlawblog.org/?p=80363) 
 
Posted  on _February 26, 2016 5:15  pm_ 
(http://electionlawblog.org/?p=80363)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_Release_ 
(https://lawyerscommittee.org/press-release/lawsuit-challenging-san-juan-countys-mail-only-electoral-system-filed/) : 
The  Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), 
DLA  Piper, LLP, the American Civil Liberties Union (ACLU) and the American 
Civil  Liberties Union of Utah (ACLU of Utah) announce the filing of a new 
lawsuit  against San Juan County, Utah on behalf of the Navajo Nation Human 
Rights  Commission, and seven members of the Navajo Nation. The lawsuit 
challenges  the County’s decision to switch to a mail-only voting system that 
adversely  impacts Navajo voters, and the County’s decision to designate the 
only site  for in-person voting at a location far away from the majority of the 
Navajo  voters. 
The  lawsuit, _Navajo  Nation Human Rights Commission v. San Juan County et 
al._ 
(https://lawyerscommittee.org/wp-content/uploads/2016/02/Doc-2-San-JuanComplaint.pdf) , was filed in the United States  District Court for the 
District of Utah and alleges that San Juan County  violates provisions of the 
Voting Rights Act of 1965 and the Fourteenth  Amendment to the United States 
Constitution. 
The  case arises from the County’s decision in 2014 to close all polling 
places  and switch to a mail-only voting system. The County is covered by 
Section  203 of the Voting Rights Act and is required to provide all voting 
materials  – including voting instructions and ballots – in both English and  
Navajo.  However, because Navajo is an unwritten language, the County’s  
mail-only ballot system conflicts with their Section 203 obligations. 
The  postal system in rural parts of San Juan County, where many Navajo 
voters  reside, is unreliable and not accessible, making it difficult for many  
Navajo voters to receive and return their ballots on time under a mail-only 
 electoral system.  Although the County is approximately half white and  
half Navajo, the only way a voter can vote in-person under the current  voting 
scheme is to travel to the County Clerk’s office in the county seat  of 
Monticello, which is 84 percent white. 
Because  Navajo residents tend to live farther from the county seat than 
white  residents, Navajo voters do not have the same voting opportunities as 
other  residents: Navajo residents must travel, on average, more than twice 
as long  as white residents in order to reach Monticello to vote in-person. 
The trip  for a Navajo voter takes, on average, over two hours round trip, 
while the  trip for a white voter takes, on average, under an hour.  For 
residents  living in the areas in the southwest of the County that are majority 
Navajo,  the round trip to Monticello to vote in-person is even longer and 
may take  between nine and ten hours.
 
 (https://www.addtoany.com/s
hare#url=http://electionlawblog.org/?p=80363&title=“Lawsuit%20Challenging%20San%20Juan%20County’
s%20Mail-Only%20Electoral%20System%20Filed”&description=) 


Posted  in _Voting Rights  Act_ (http://electionlawblog.org/?cat=15) 
_Fan Mail: Ass Clown  Edition_ (http://electionlawblog.org/?p=80361) 
 
Posted  on _February 26, 2016 5:11  pm_ 
(http://electionlawblog.org/?p=80361)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
Via  email: 
Mr.  Hasen, 
I  read _your  article_ 
(http://blogs.reuters.com/great-debate/2016/02/21/appoint-another-scalia-kiss-democracy-goodbye/)  this week  concerning 
Justice Scalia. After careful consideration I have come to this  conclusion about 
the author: You sir are a complete Ass Clown. 
Your  hyperbole on kissing democracy good bye reminds me of Donald Trump 
talking  about his wall. Justice Scalia will be remembered as one of the most  
influential judicial minds of the century. You will be remembered by your  
students years from now as “you know, old what’s his name”. 
The  University of California system seems like a nice, unchallenging place 
for  you to place your pulpit.
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80361&title=Fan%20Mail:%20Ass%20Clown%20Edition&description=) 


Posted  in _Uncategorized_ (http://electionlawblog.org/?cat=1) 
_“Outside Conservative  Groups Overwhelm Arkansas Judge Races”_ 
(http://electionlawblog.org/?p=80357) 
 
Posted  on _February 26, 2016 5:04  pm_ 
(http://electionlawblog.org/?p=80357)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_AP_ 
(http://abcnews.go.com/Politics/wireStory/conservative-groups-overwhelm-arkansas-judge-races-37221313) : 
The  Judicial Crisis Network, a Washington-based group, has spent more than 
 $600,000 on television ads targeting Justice Courtney Goodson as she runs  
for the chief justice post. A second group, the Republican State Leadership 
 Committee’s Judicial Fairness Initiative, has bought about $250,000 worth 
of  airtime for spots criticizing a Little Rock attorney in another high 
court  race. 
The  nearly $1.3 million spent on TV airtime alone more than doubles the 
previous  Arkansas record for such spending in a judicial election, according 
to  campaign finance groups.
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80357&title=“Outside%20Conservative%20Groups%20Overwhelm%20Arkansas%20Judge%20R
aces”&description=) 


Posted  in _judicial  elections_ (http://electionlawblog.org/?cat=19) 
_“63,756 Reasons Racism  Is Still Alive in South Carolina”_ 
(http://electionlawblog.org/?p=80353) 
 
Posted  on _February 26, 2016 5:00  pm_ 
(http://electionlawblog.org/?p=80353)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_Ari  Berman_ 
(http://www.thenation.com/article/63756-reasons-why-racism-is-still-alive-in-south-carolina/) : 
Larrie  Butler, a 90-year-old African-American man, was born in Calhoun 
County,  South Carolina, at a time when the South was segregated during Jim 
Crow. He  moved to Maryland after serving in the military and attending 
college, but  returned to South Carolina in 2010. He got a voter-registration card 
and  voted in the state in 2010.\
In 2011, South Carolina passed a strict new  voter-ID law requiring a 
government-issued photo ID to cast a ballot. When  Butler went to the DMV to 
switch his driver’s license from Maryland to South  Carolina, he was told he 
needed a birth certificate to confirm his identity.  But Butler was born at 
home, when there were few black hospitals, and never  received a born 
certificate. When he went to the state Vital Records office  to get a birth 
certificate, they said he needed to produce his Maryland  driving records and 
high-school records from South Carolina. After he  returned with that information, 
he was told he needed his elementary-school  records, which Butler couldn’t 
produce because the school was closed. So  instead he found his census 
record, which was not accepted because his first  name in the census, Larry, did 
not exactly match the name he’d used for his  entire life, Larrie. He was 
told to go to court and legally change his name  at 85 years old, in order to 
obtain the birth certificate required to get a  driver’s license in South 
Carolina and also be able to vote. 
“It  made me feel terrible,” Butler said. 
On  May 18, 2011, South Carolina Governor Nikki Haley _signed  the voter-ID 
law_ 
(https://www.scgop.com/2011/05/18/gov-nikki-haley-signs-voter-id-bill-into-law/) . “If you have to show a picture ID to buy Sudafed, if  you have 
to show a picture ID to get on an airplane, you should show a  picture ID 
when you vote,” Haley said. 
After  the bill’s signing, Butler spoke at a press conference 10 feet away 
from  where Haley spoke. He held up a plane ticket and Sudafed he’d bought 
with  his Maryland driver’s license, which he was unable to use in South 
Carolina  to vote. Shortly thereafter, the DMV called Butler and said they’d 
bypass  the requirement for a birth certificate, allowing him to get a state  
driver’s license and vote in future elections. 
But  there are still hundreds of thousands of South Carolinians facing 
similar  obstacles as Butler. According to state data, 178,000 registered 
voters, 7  percent of the electorate, lack a DMV-issued photo ID. Minority voters 
are  20 percent more likely than whites to lack a DMV-issued ID, and there 
are  63,756 nonwhite registered voters without one.
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80353&title=“63,756%20Reasons%20Racism%20Is%20Still%20Alive%20in%20South%20Caro
lina”&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) 
_“Celebrity Justice:  Supreme Court Edition”_ 
(http://electionlawblog.org/?p=80351) 
 
Posted  on _February 26, 2016 4:57  pm_ 
(http://electionlawblog.org/?p=80351)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
The  Green Bag has posted _the final  version _ 
(http://www.greenbag.org/v19n2/v19n2_articles_hasen.pdf) of my article on how  SCOTUS Justices are much 
more in the news than ever before. 
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80351&title=“Celebrity%20Justice:%20Supreme%20Court%20Edition”&descriptio
n=) 


Posted  in _Celebrity  Justice_ (http://electionlawblog.org/?cat=109) , 
_Supreme  Court_ (http://electionlawblog.org/?cat=29) 
_“More Complaints about  Super PACs”_ 
(http://electionlawblog.org/?p=80349) 
 
Posted  on _February 26, 2016 4:54  pm_ 
(http://electionlawblog.org/?p=80349)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_Bauer  on Frum._ 
(http://www.moresoftmoneyhardlaw.com/2016/02/complaints-super-pacs/)  
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80349&title=“More%20Complaints%20about%20Super%20PACs”&description=) 


Posted  in _campaign  finance_ (http://electionlawblog.org/?cat=10) , 
_campaigns_ (http://electionlawblog.org/?cat=59) 
_“Governor Brown seeks  urgent Supreme Court intervention regarding ballot 
measure”_ (http://electionlawblog.org/?p=80347) 
 
Posted  on _February 26, 2016 4:52  pm_ 
(http://electionlawblog.org/?p=80347)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_At  the lectern_ 
(http://www.atthelectern.com/governor-brown-seeks-urgent-supreme-court-intervention-regarding-ballot-measure/) : 
The  Supreme Court had _just  yesterday_ 
(http://www.atthelectern.com/supreme-court-will-not-order-anti-citizens-united-measure-onto-the-ballot/)  
finished its  review of one controversial ballot proposition, when another one 
landed on  its docket today.  Governor Jerry Brown is asking the Supreme 
Court to  overturn a superior court order, filed yesterday, that the Sacramento  
Bee _calls_ 
(http://www.sacbee.com/news/politics-government/capitol-alert/article62340057.html)  “a major setback for Gov. Jerry  Brown’s sweeping 
prison and parole initiative.”  The order, which was  sought by the California 
District Attorneys Association, prevents the  circulation for voter 
signatures of an _initiative_ 
(http://www.oag.ca.gov/system/files/initiatives/pdfs/15-0121%20(Prison%20Sentence%20Reform)_0.pdf?)  that would make certain 
nonviolent  felons eligible for early parole. 
The  governor’s emergency writ petition in _Brown  v. Superior Court_ 
(http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2134
157&doc_no=S232642)  is  available _here_ 
(https://www.dropbox.com/sh/mwth7urewl757ch/AADIxmH1G2oD4XYqGtTTSqRKa/1_S232642%20-%20Emergency%20Petition%20f
or%20Writ%20of%20Mandate.pdf?dl=0) ,  and the two-volume appendix in 
support of the petition is available _here_ 
(https://www.dropbox.com/sh/mwth7urewl757ch/AACju-J0BXsR8Ved6dvddYS6a/2_S232642%20-%20Appendix%20(Vol%201%20of%202)
.pdf?dl=0)  and _here_ 
(https://www.dropbox.com/sh/mwth7urewl757ch/AAAgqYLOwJn4yH8PcvaK0Mfea/3_S232642%20-%20Appendix%20(Vol%202%20of%202).pdf?dl=0) .  
 Attorney General Kamala Harris — a real party in interest in the writ  
proceeding — has already _filed  a letter_ 
(https://www.dropbox.com/sh/mwth7urewl757ch/AADNqwR0_lRdH6InhTAbNNLza/4_S232642%20-%20Attorney%20General%20Letter
%20in%20Support.pdf?dl=0)  supporting the  writ petition. 
>From  a very quick review of these materials, it appears the primary issue  
concerns the application of a recent change in the initiative process.   
The submission to the Attorney General of a proposed initiative now begins a  
30-day public review period, during which the initiative proponent can  “
submit amendments to the measure that are reasonably germane to the theme,  
purpose, or subject of the initiative measure as originally proposed.”   
(Elections Code, _section  9002_ 
(http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC&sectionNum=9002.) .)  It looks like Governor 
Brown submitted amendments that the  superior court found to be not 
germane. 
[Evening  update: _No  stay, but expedited supplemental briefing, for 
governor’s writ  petition_ 
(http://www.atthelectern.com/no-stay-but-expedited-supplemental-briefing-for-governors-writ-petition/) .]
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80347&title=“Governor%20Brown%20seeks%20urgent%20Supreme%20Court%20intervention
%20regarding%20ballot%20measure”&description=) 


Posted  in _direct  democracy_ (http://electionlawblog.org/?cat=62) 
_“Does the Biden speech  undermine the case for Supreme Court confirmation h
earings?”_ (http://electionlawblog.org/?p=80345) 
 
Posted  on _February 26, 2016 4:48  pm_ 
(http://electionlawblog.org/?p=80345)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
_John  Witt:_ 
(http://balkin.blogspot.com/2016/02/does-biden-speech-undermine-case-for.html)  
As  readers of this blog will likely know by now, then-Senator Joseph Biden 
 delivered a speech on the Senate floor in June of 1992 warning that in the 
 event of a Supreme Court vacancy, President George H. W. Bush ought not  “
name a nominee until after the November election is completed.”  Biden  
urged that the Senate consider “not scheduling confirmation hearings on the  
nomination until after the political campaign season is over.” 
Flash  forward to 2016.  Republicans in the Senate and elsewhere cite the  
Biden speech in support of their refusal to consider a nomination to fill  
the seat left vacant by the death of Justice Scalia.  The country’s  
newspapers and commentators have gone along.  The New York Times called  Biden’s 
speech “a direct contradiction to President Obama’s position.” 
The  Times is flat wrong.  The Biden speech is no contradiction, but not 
for  the reasons the White House and its allies have asserted.  In 1992,  Biden
’s argument was that action “must be put off until after the election  
campaign is over.”  In our system of government, the end of campaign  season 
does not coincide with the inauguration of the new president.   To the 
contrary, since the enactment of the Twentieth Amendment, the  election gives way 
to a period of two and a half months in which the  incumbent president, 
though to be sure a lame duck, holds all the formal  powers of the office, 
including the power to nominate new justices.   Biden’s move was to insist that, 
until the post-election period, there would  be too much partisan rancor to 
have a full and fair hearing on the  merits.  After all, that was what 
mattered: ensuring an evaluation of  the next justice on the merits, not according 
to a partisan political  calculus. 
By  contrast, when Republicans today insist that the the current president  
should not get a nomination at all, they assert the exact opposite: that  
partisan politics should decide the fate of the Court.  Thus the letter  to 
the Senate Majority Leader signed by every Republican member of the  Senate 
Judiciary Committee announcing that there will be no hearings “on any  
Supreme Court nominee until after our next President is sworn  in.”
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80345&title=“Does%20the%20Biden%20speech%20undermine%20the%20case%20for%20Supre
me%20Court%20confirmation%20hearings?”&description=) 


Posted  in _Supreme  Court_ (http://electionlawblog.org/?cat=29) 
_“Without an Instant  Runoff, Trump Favored to Win GOP Nomination”_ 
(http://electionlawblog.org/?p=80343) 
 
Posted  on _February 26, 2016 4:40  pm_ 
(http://electionlawblog.org/?p=80343)  by _Rick  Hasen_ (http://electionlawblog.org/?author=3) 

 
Rob  Richie _crunches  the numbers._ 
(http://www.fairvote.org/without_an_instant_runoff_trump_favored_to_win_gop_nomination)  
 
 
(https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80343&title=“Without%20an%20Instant%20Runoff,%20Trump%20Favored%20to%20Win%20GO
P%20Nomination”&description=) 


Posted  in _alternative voting  systems_ 
(http://electionlawblog.org/?cat=63) , _campaigns_ (http://electionlawblog.org/?cat=59) 
-- 

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_ (mailto:rhasen at law.uci.edu) 

http://www.law.uci.edu/faculty/full-time/hasen/

_http://electionlawblog.org_ (http://electionlawblog.org/) 


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