[EL] ELB News and Commentary 6/23/16

[Rick Hasen]

Gov McDonnell Opinion Coming from SCOTUS Monday: What to Expect<http://electionlawblog.org/?p=83776>
Posted on June 23, 2016 8:27 am<http://electionlawblog.org/?p=83776> by Rick Hasen<http://electionlawblog.org/?author=3>

We know this because it is the last day of the term. It is possible there’s another 4-4 tie, but I doubt it.  I’m expecting a Justice Breyer majority opinion reversing the conviction, with a dissent by Ginsburg (maybe joined by Sotomayor?).  I think that’s the right result too. See my Bob McDonnell Ruling Will Not Legalize Corruption<http://www.nationallawjournal.com/id=1202757547658/With-Bob-McDonnell-Appeal-SCOTUS-Can-Clarify-Line-Between-Politics-and-Crime?cmp=share_twitter&slreturn=20160508194101>, NATIONAL LAW JOURNAL, May 12, 2016.

On Monday I’ll be giving this keynote address i<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2763713>n Tokyo, and Dan Tokaji will be guest blogging (through July 4).  But I will try to chime in on McDonnell when it comes down.
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Posted in bribery<http://electionlawblog.org/?cat=54>, chicanery<http://electionlawblog.org/?cat=12>, Supreme Court<http://electionlawblog.org/?cat=29>

What’s Next in U.S. v. Texas Given SCOTUS 4-4 Tie?<http://electionlawblog.org/?p=83774>
Posted on June 23, 2016 8:23 am<http://electionlawblog.org/?p=83774> by Rick Hasen<http://electionlawblog.org/?author=3>

Today’s 4-4 tie leaves a nationwide preliminary injunction in place, pending a trial on the merits before Judge Hanen, who has shown great hostility not only to the merits of President Obama’s immigration actions but also to the DOJ’s lawyering in the case. A nationwide injunction means the administration right now could not enforce its actions anywhere.

There may be hurdles<http://joshblackman.com/blog/2016/04/15/can-states-that-favor-dapa-challenge-judge-hanens-injunction-if-u-s-v-texas-ties-4-4/> to getting another case in another part of the country going, but immigration proponents (and maybe DOJ) could try to do so, and create some alternative ruling somewhere else in the country, which could create a clash with Judge Hanen’s injunction. It is not clear that the government would even want an immigration policy that would be administered differently in different parts of the country, and how SCOTUS would react if that were a real possibility. But I expect we’ll see some serous court actions elsewhere in the country before this all settles.

There’s also the fact that the Obama administration’s term could end before this gets resolved.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

Fisher as Yellow Light for Affirmative Action Programs<http://electionlawblog.org/?p=83772>
Posted on June 23, 2016 8:19 am<http://electionlawblog.org/?p=83772> by Rick Hasen<http://electionlawblog.org/?author=3>

The surprise 4-3 opinion<http://www.supremecourt.gov/opinions/15pdf/14-981_4g15.pdf> by Justice Kennedy in the University of Texas Fisher affirmative action case is a yellow light for universities to take race into account in admissions. Universities will have to be cautious and establish a record that non-race based affirmative action plans do not achieve the educational goals of diversity that a university may wish to follow. It is not all that supporters of affirmative action will want, but it is about as much (more!) than anyone could have expected from Justice Kennedy, who in the past has not voted in favor of affirmative action programs.

What would it have looked like if Justice Scalia was on the Court. We likely would have had a 3-3 tie, which would have allowed the affirmative action program to go into effect, but without establishing any precedent. It is also possible that with Scalia on the Court and the prospect of a 4-4 tie, the Court could have punted or issued a non-decision again in the case.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Why Isn’t Donald Trump Campaigning in Swing States?”<http://electionlawblog.org/?p=83770>
Posted on June 23, 2016 6:56 am<http://electionlawblog.org/?p=83770> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT’s The UpShot<http://www.nytimes.com/2016/06/24/upshot/why-isnt-donald-trump-campaigning-more-in-swing-states.html?ref=politics> dialogue:

Toni Instead of focusing on Clinton, he has been continuing to squabble with Republicans.

What is the biggest mistake he’s making? What is the one thing he should prioritize in terms of organization and strategy? He has very little money. He’s not advertising. He has a very small staff. He’s not campaigning in swing states. And the list goes on.

Nate Well, a lot of that requires money. He doesn’t have it, and he needs to fix it. Traveling to swing states is the one thing that doesn’t require much money, so that’s inexcusable. He can get on a bus from New York and get to Levittown, Pa., in 90 minutes, Allentown in less than two hours. Scranton in 2.5 hours.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“Statement of Chairman Bradley A. Smith and President David Keating on FEC Commissioner Weintraub’s ‘Corporate Political Spending and Foreign Influence’ Forum Published on June 23, 2016 “<http://electionlawblog.org/?p=83768>
Posted on June 23, 2016 6:46 am<http://electionlawblog.org/?p=83768> by Rick Hasen<http://electionlawblog.org/?author=3>

CCP release.<http://www.campaignfreedom.org/2016/06/23/statement-of-chairman-bradley-a-smith-and-president-david-keating-on-commissioner-weintraubs-corporate-political-spending-and-foreign-influence-forum/>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>

“Who’s donating to Trump? This bot will tell you.”<http://electionlawblog.org/?p=83766>
Posted on June 23, 2016 6:44 am<http://electionlawblog.org/?p=83766> by Rick Hasen<http://electionlawblog.org/?author=3>

CNN reports.<http://money.cnn.com/2016/06/22/technology/every-trump-donor-bot/>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


“Memo Reveals Clinton Foundation Donor’s $100 Million Registration, Turnout Push”<http://electionlawblog.org/?p=83764>
Posted on June 23, 2016 6:40 am<http://electionlawblog.org/?p=83764> by Rick Hasen<http://electionlawblog.org/?author=3>

Washington Free Beacon<http://freebeacon.com/issues/memo-reveals-100-million-effort-by-clinton-foundation-donor/?platform=hootsuite>:

Swiss billionaire and seven-figure Clinton Foundation donor is pouring millions of dollars into a nonprofit voter registration and turnout operation and appears to have shared information about the project with the Democratic Party, a leaked document reveals.

Hansjörg Wyss is accelerating a $100 million registration and get-out-the-vote plan in order to more quickly impact elections and the U.S. policy landscape, according to a document detailing the proposed work by his charitable group, the Wyss Foundation.

The document<http://freebeacon.com/wp-content/uploads/2016/06/wyss-memo.pdf> details the scope of Democratic efforts to boost grassroots organizing, and sheds light on how some of the left’s deepest pockets are facilitating those efforts through nonprofit vehicles generally restricted to charitable activity.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


“The Supreme Court’s Post-Scalia Term”<http://electionlawblog.org/?p=83762>
Posted on June 23, 2016 6:38 am<http://electionlawblog.org/?p=83762> by Rick Hasen<http://electionlawblog.org/?author=3>

Linda Greenhouse column,<http://www.nytimes.com/2016/06/23/opinion/the-supreme-courts-post-scalia-term.html?emc=eta1&_r=1> heavy on the slow demise of Chevron deference.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>


Chiat Explains Why Jonathan Rauch is Still Wrong in His Anti-Reform Message<http://electionlawblog.org/?p=83760>
Posted on June 22, 2016 4:23 pm<http://electionlawblog.org/?p=83760> by Rick Hasen<http://electionlawblog.org/?author=3>

Here.<http://nymag.com/daily/intelligencer/2016/06/why-american-politics-really-went-insane.html>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


No Information Released on Justice Scalia’s 2015 or 2016 Trips Before His Death<http://electionlawblog.org/?p=83758>
Posted on June 22, 2016 3:50 pm<http://electionlawblog.org/?p=83758> by Rick Hasen<http://electionlawblog.org/?author=3>

Adam Liptak <http://www.nytimes.com/2016/06/23/us/politics/justices-disclose-privately-paid-trips-and-gifts.html?smprod=nytcore-iphone&smid=nytcore-iphone-share> for the NYT:

Members of the Supreme Court took scores of trips paid for by private sponsors last year, according to the financial disclosure forms<http://fixthecourt.com/2016/06/justices-2015-financial-disclosure-reports/> of eight justices released Wednesday.

No information was provided concerning Justice Antonin Scalia, who died in February while on a hunting trip in Texas. He had been staying without charge at a hunting lodge owned by John Poindexter, a businessman whose company had recently had a matter before the Supreme Court.

Justice Scalia was an enthusiastic traveler<http://www.nytimes.com/2016/02/27/us/politics/scalia-led-court-in-taking-trips-funded-by-private-sponsors.html?_r=0>, taking more than 250 privately funded trips from 2004 to 2014. A few weeks before he died, he visited Singapore and Hong Kong. A court spokeswoman said there would be no disclosure form detailing Justice Scalia’s travels in 2015.
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Posted in Celebrity Justice<http://electionlawblog.org/?cat=109>, Supreme Court<http://electionlawblog.org/?cat=29>


“Trump campaign says it raised an astounding $2 million in 12 hours”<http://electionlawblog.org/?p=83756>
Posted on June 22, 2016 1:49 pm<http://electionlawblog.org/?p=83756> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/news/post-politics/wp/2016/06/22/trump-campaign-says-it-raised-an-astounding-2-million-in-12-hours/?postshare=1261466628426172&tid=ss_tw>

Raising such a huge sum in a short amount of time — through an email list that had never before been tapped for contributions — would make Trump’s pitch for donations one of the most successful in American politics, according to veteran fundraisers. Because not every email recipient responds to a solicitation, experts estimate that it would require a list of as many as 6 million supporters to generate $2 million in such a short period. Digital fundraising experts were skeptical that Trump has been able to curate and maintain such a big list. But if he did pull off $2 million in half a day, Democrats should be worried, they added. At such a rate, Trump could pull in $20 million online by the end of the month.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


Kentucky Ethics Commision OKs GoFundMe Crowdsourcing for Fundraising<http://electionlawblog.org/?p=83754>
Posted on June 22, 2016 1:48 pm<http://electionlawblog.org/?p=83754> by Rick Hasen<http://electionlawblog.org/?author=3>

Advisory opinion.<http://klec.ky.gov/Advisory-Opinions/Opinions/16-01.doc>


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


“Campaign Finance Report: Trump Does A Lot Of Mixing Business With Politics”<http://electionlawblog.org/?p=83752>
Posted on June 22, 2016 1:13 pm<http://electionlawblog.org/?p=83752> by Rick Hasen<http://electionlawblog.org/?author=3>

NPR reports.<http://www.npr.org/2016/06/22/483046574/campaign-finance-reports-show-trump-does-a-lot-of-mixing-business-with-politics?utm_source=twitter.com&utm_campaign=politics&utm_medium=social&utm_term=nprnews>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>


“Uniformity in Voting Systems: Looking at the Crazy Quilt of Election Technology”<http://electionlawblog.org/?p=83750>
Posted on June 22, 2016 12:15 pm<http://electionlawblog.org/?p=83750> by Rick Hasen<http://electionlawblog.org/?author=3>

That’s the lead story in this month’s issue of NCSL’s The Canvass.<http://www.ncsl.org/research/elections-and-campaigns/the-canvass-june-2016.aspx>
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Posted in election administration<http://electionlawblog.org/?cat=18>, voting technology<http://electionlawblog.org/?cat=40>


“Why ‘Made in America’ May Not Mean What You Think”<http://electionlawblog.org/?p=83748>
Posted on June 22, 2016 11:27 am<http://electionlawblog.org/?p=83748> by Rick Hasen<http://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy blogs.<http://www.brennancenter.org/blog/why-made-america-may-not-mean-what-you-think>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>


“Foreign Campaign Money Subject of FEC Forum”<http://electionlawblog.org/?p=83746>
Posted on June 22, 2016 10:30 am<http://electionlawblog.org/?p=83746> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg BNA.<http://www.bna.com/foreign-campaign-money-n57982074545/>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


--
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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