[EL] Scott Walker pays fines

Rick Hasen rhasen at law.uci.edu
Sat Feb 27 06:10:29 PST 2016


Jim, that is emphatically NOT what I said.  I said that my posts are of 
course fair game for discussion and debate on the listserv. It is just 
that i personally won't engage in most of those debates, because I don't 
feel that the debates are all that productive.
But fire away. Always happy to be attacked by you or anyone else. I just 
may not choose to respond on the listserv.
Rick

On 2/27/16 9:04 AM, JBoppjr at aol.com wrote:
> Regarding this post:
>
>
>     Scott Walker Paid Fines for Accepting Corporate and Excessive
>     Campaign Contributions <http://electionlawblog.org/?p=80373>
>
> Posted onFebruary 26, 2016 5:35 pm 
> <http://electionlawblog.org/?p=80373>byRick 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 
> Walker Paid Fines for Accepting Corporate and Excessive Campaign 
> Contributions&description= 
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80373&title=Scott%20Walker%20Paid%20Fines%20for%20Accepting%20Corporate%20and%20Excessive%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, 
> rhasen at law.uci.edu writes:
>
>
>
>         “Donald Trump Might Not Keep Paying for His Campaign Himself,
>         Chris Christie Suggests” <http://electionlawblog.org/?p=80377>
>
>     Posted onFebruary 26, 2016 5:41 pm
>     <http://electionlawblog.org/?p=80377>byRick 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-suggests/>for
>     the NYT.
>
>     https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80377&title=“Donald
>     Trump Might Not Keep Paying for His Campaign Himself, Chris
>     Christie Suggests”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80377&title=%26%238220%3BDonald%20Trump%20Might%20Not%20Keep%20Paying%20for%20His%20Campaign%20Himself%2C%20Chris%20Christie%20Suggests%26%238221%3B&description=>
>     Posted incampaign 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 onFebruary 26, 2016 5:38 pm
>     <http://electionlawblog.org/?p=80375>byRick 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
>     When Ted Cruz Helped Suppress the Minority Vote in
>     Texas?”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80375&title=%26%238220%3BRemember%20When%20Ted%20Cruz%20Helped%20Suppress%20the%20Minority%20Vote%20in%20Texas%3F%26%238221%3B&description=>
>     Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>
>
>
>         Scott Walker Paid Fines for Accepting Corporate and Excessive
>         Campaign Contributions <http://electionlawblog.org/?p=80373>
>
>     Posted onFebruary 26, 2016 5:35 pm
>     <http://electionlawblog.org/?p=80373>byRick 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
>     Walker Paid Fines for Accepting Corporate and Excessive Campaign
>     Contributions&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80373&title=Scott%20Walker%20Paid%20Fines%20for%20Accepting%20Corporate%20and%20Excessive%20Campaign%20Contributions&description=>
>     Posted incampaign 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 onFebruary 26, 2016 5:31 pm
>     <http://electionlawblog.org/?p=80371>byRick 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
>     will appeal order to change Dem primary ballot”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80371&title=%26%238220%3BMississippi%20will%20appeal%20order%20to%20change%20Dem%20primary%20ballot%26%238221%3B&description=>
>     Posted inballot access <http://electionlawblog.org/?cat=46>
>
>
>         “Donors ask GOP consulting firm to research independent
>         presidential bid” <http://electionlawblog.org/?p=80369>
>
>     Posted onFebruary 26, 2016 5:29 pm
>     <http://electionlawblog.org/?p=80369>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Politico reports.
>     <http://www.politico.com/story/2016/02/doors-gop-consulting-independent-219859>
>
>     https://www.addtoany.com/share#url=http://electionlawblog.org/?p=80369&title=“Donors
>     ask GOP consulting firm to research independent presidential
>     bid”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80369&title=%26%238220%3BDonors%20ask%20GOP%20consulting%20firm%20to%20research%20independent%20presidential%20bid%26%238221%3B&description=>
>     Posted inballot 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 onFebruary 26, 2016 5:25 pm
>     <http://electionlawblog.org/?p=80367>byRick 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
>     Super PACs Go Dark: LLCs Fuel Secret Spending”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80367&title=%26%238220%3BWhen%20Super%20PACs%20Go%20Dark%3A%20LLCs%20Fuel%20Secret%20Spending%26%238221%3B&description=>
>     Posted incampaign finance <http://electionlawblog.org/?cat=10>
>
>
>         “Scalia Took Dozens of Trips Funded by Private Sponsors”
>         <http://electionlawblog.org/?p=80365>
>
>     Posted onFebruary 26, 2016 5:23 pm
>     <http://electionlawblog.org/?p=80365>byRick 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:
>
>         WhenJustice 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 theSupreme 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 inSingapore and Hong Kong
>         <http://www.law.cuhk.edu.hk/en/events/detail.php?paramDate=2016-02-01&guid=F50BE73D-CC48-8EDE-6D3F-E18629BF4CE4-1453278297>….
>
>         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 anevent 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
>     Took Dozens of Trips Funded by Private
>     Sponsors”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80365&title=%26%238220%3BScalia%20Took%20Dozens%20of%20Trips%20Funded%20by%20Private%20Sponsors%26%238221%3B&description=>
>     Posted inconflict 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 onFebruary 26, 2016 5:15 pm
>     <http://electionlawblog.org/?p=80363>byRick 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/share#url=http://electionlawblog.org/?p=80363&title=“Lawsuit
>     Challenging San Juan County’s Mail-Only Electoral System
>     Filed”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80363&title=%26%238220%3BLawsuit%20Challenging%20San%20Juan%20County%E2%80%99s%20Mail-Only%20Electoral%20System%20Filed%26%238221%3B&description=>
>     Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
>
>
>         Fan Mail: Ass Clown Edition <http://electionlawblog.org/?p=80361>
>
>     Posted onFebruary 26, 2016 5:11 pm
>     <http://electionlawblog.org/?p=80361>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Via email:
>
>         Mr. Hasen,
>
>         I readyour 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
>     Mail: Ass Clown Edition&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80361&title=Fan%20Mail%3A%20Ass%20Clown%20Edition&description=>
>     Posted inUncategorized <http://electionlawblog.org/?cat=1>
>
>
>         “Outside Conservative Groups Overwhelm Arkansas Judge Races”
>         <http://electionlawblog.org/?p=80357>
>
>     Posted onFebruary 26, 2016 5:04 pm
>     <http://electionlawblog.org/?p=80357>byRick 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
>     Conservative Groups Overwhelm Arkansas Judge
>     Races”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80357&title=%26%238220%3BOutside%20Conservative%20Groups%20Overwhelm%20Arkansas%20Judge%20Races%26%238221%3B&description=>
>     Posted injudicial elections <http://electionlawblog.org/?cat=19>
>
>
>         “63,756 Reasons Racism Is Still Alive in South Carolina”
>         <http://electionlawblog.org/?p=80353>
>
>     Posted onFebruary 26, 2016 5:00 pm
>     <http://electionlawblog.org/?p=80353>byRick 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 Haleysigned 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
>     Reasons Racism Is Still Alive in South
>     Carolina”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80353&title=%26%238220%3B63%2C756%20Reasons%20Racism%20Is%20Still%20Alive%20in%20South%20Carolina%26%238221%3B&description=>
>     Posted inelection 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 onFebruary 26, 2016 4:57 pm
>     <http://electionlawblog.org/?p=80351>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     The Green Bag has postedthe 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
>     Justice: Supreme Court Edition”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80351&title=%26%238220%3BCelebrity%20Justice%3A%20Supreme%20Court%20Edition%26%238221%3B&description=>
>     Posted inCelebrity Justice
>     <http://electionlawblog.org/?cat=109>,Supreme Court
>     <http://electionlawblog.org/?cat=29>
>
>
>         “More Complaints about Super PACs”
>         <http://electionlawblog.org/?p=80349>
>
>     Posted onFebruary 26, 2016 4:54 pm
>     <http://electionlawblog.org/?p=80349>byRick 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
>     Complaints about Super PACs”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80349&title=%26%238220%3BMore%20Complaints%20about%20Super%20PACs%26%238221%3B&description=>
>     Posted incampaign 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 onFebruary 26, 2016 4:52 pm
>     <http://electionlawblog.org/?p=80347>byRick 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 hadjust 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 Beecalls
>         <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 aninitiative
>         <http://www.oag.ca.gov/system/files/initiatives/pdfs/15-0121%20%28Prison%20Sentence%20Reform%29_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=2134157&doc_no=S232642>is
>         availablehere
>         <https://www.dropbox.com/sh/mwth7urewl757ch/AADIxmH1G2oD4XYqGtTTSqRKa/1_S232642%20-%20Emergency%20Petition%20for%20Writ%20of%20Mandate.pdf?dl=0>,
>         and the two-volume appendix in support of the petition is
>         availablehere
>         <https://www.dropbox.com/sh/mwth7urewl757ch/AACju-J0BXsR8Ved6dvddYS6a/2_S232642%20-%20Appendix%20%28Vol%201%20of%202%29.pdf?dl=0>andhere
>         <https://www.dropbox.com/sh/mwth7urewl757ch/AAAgqYLOwJn4yH8PcvaK0Mfea/3_S232642%20-%20Appendix%20%28Vol%202%20of%202%29.pdf?dl=0>.
>         Attorney General Kamala Harris — a real party in interest in
>         the writ proceeding — has alreadyfiled 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
>     Brown seeks urgent Supreme Court intervention regarding ballot
>     measure”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80347&title=%26%238220%3BGovernor%20Brown%20seeks%20urgent%20Supreme%20Court%20intervention%20regarding%20ballot%20measure%26%238221%3B&description=>
>     Posted indirect democracy <http://electionlawblog.org/?cat=62>
>
>
>         “Does the Biden speech undermine the case for Supreme Court
>         confirmation hearings?” <http://electionlawblog.org/?p=80345>
>
>     Posted onFebruary 26, 2016 4:48 pm
>     <http://electionlawblog.org/?p=80345>byRick 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
>     the Biden speech undermine the case for Supreme Court confirmation
>     hearings?”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80345&title=%26%238220%3BDoes%20the%20Biden%20speech%20undermine%20the%20case%20for%20Supreme%20Court%20confirmation%20hearings%3F%26%238221%3B&description=>
>     Posted inSupreme Court <http://electionlawblog.org/?cat=29>
>
>
>         “Without an Instant Runoff, Trump Favored to Win GOP
>         Nomination” <http://electionlawblog.org/?p=80343>
>
>     Posted onFebruary 26, 2016 4:40 pm
>     <http://electionlawblog.org/?p=80343>byRick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Rob Richiecrunches 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
>     an Instant Runoff, Trump Favored to Win GOP
>     Nomination”&description=
>     <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80343&title=%26%238220%3BWithout%20an%20Instant%20Runoff%2C%20Trump%20Favored%20to%20Win%20GOP%20Nomination%26%238221%3B&description=>
>     Posted inalternative 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
>     http://www.law.uci.edu/faculty/full-time/hasen/
>     http://electionlawblog.org
>
>
>
>     _______________________________________________
>     Law-election mailing list
>     Law-election at department-lists.uci.edu
>     http://department-lists.uci.edu/mailman/listinfo/law-election
>

-- 
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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