[EL] Scott Walker pays fines

JBoppjr at aol.com JBoppjr at aol.com
Sat Feb 27 06:25:10 PST 2016


Here is an article about the latest evidence of partisan enforcement by Wis 
 governmental officials.
 
 
_Click here:  First John Doe documents released from lawsuit show GAB's 
partisan motives -  Watchdog.org_ 
(http://watchdog.org/257926/john-doe-lawsuit-gab/)  

 
And I was not "attacking" you, just regretting your unwillingness to  
debate.  Jim 
 
 
In a message dated 2/27/2016 9:10:45 A.M. Eastern Standard Time,  
rhasen at law.uci.edu writes:

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_ (mailto: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  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, 
_rhasen at law.uci.edu_ (mailto: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  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-sug
gests/)  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)  
 
 
(https://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_co
urt/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/share#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.co
m/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%20fo
r%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%20
in%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 
hearings?”_ (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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-- 

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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