[EL] ELB News and Commentary 3/22/16
Rick Hasen
rhasen at law.uci.edu
Tue Mar 22 07:46:09 PDT 2016
“New Reality Looms: Only a Friendly Senate Will Confirm Justices”
<http://electionlawblog.org/?p=81128>
Posted onMarch 22, 2016 7:44 am
<http://electionlawblog.org/?p=81128>byRick Hasen
<http://electionlawblog.org/?author=3>
Carl Hulse for the NYT:
<http://www.nytimes.com/2016/03/22/us/politics/new-reality-looms-only-a-friendly-senate-will-confirm-justices.html?ref=politics>
The bitter impasse over the nomination ofJudge Merrick B. Garland
<http://www.nytimes.com/2016/03/17/us/politics/obama-supreme-court-nominee.html>is
raising a once unthinkable possibility: Presidents may no longer be
confident of filling a Supreme Court vacancy unless their party
controls the Senate.
With incumbents more worried about primary challenges and activist
groups wielding greater influence, senators from both parties have
shown increasing reluctance to back otherwise qualified judicial
nominees whose views and records do not align with their own or
their party’s.
Now the Republican decision to deny Judge Garland any consideration
is taking court politics to a hyperpolarized level, one that does
not bode well for the future of an already seriously troubled
confirmation process.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81128&title=%26%238220%3BNew%20Reality%20Looms%3A%20Only%20a%20Friendly%20Senate%20Will%20Confirm%20Justices%26%238221%3B&description=>
Posted inpolitical polarization
<http://electionlawblog.org/?cat=68>,Supreme Court
<http://electionlawblog.org/?cat=29>
“FEC Must Investigate and Sanction “Children of Israel LLC” for
Evading Disclosure Laws” <http://electionlawblog.org/?p=81125>
Posted onMarch 22, 2016 7:38 am
<http://electionlawblog.org/?p=81125>byRick Hasen
<http://electionlawblog.org/?author=3>
Release:
<http://www.campaignlegalcenter.org/news/press-releases/fec-must-investigate-and-sanction-children-israel-llc-evading-disclosure-laws>
The Campaign Legal Center, a leading campaign finance watchdog,
along with Democracy 21, today filed a complaint
<http://www.campaignlegalcenter.org/document/fec-complaint-filed-clc-democracy-21-against-children-israel-llc>with
the Federal Election Commission (FEC), calling on the agency to
investigate contributions to “the ghost corporation” “Children of
Israel LLC,” which funneled $400,000 to two super PACs.
Read the complaint
<http://www.campaignlegalcenter.org/document/fec-complaint-filed-clc-democracy-21-against-children-israel-llc>.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81125&title=%26%238220%3BFEC%20Must%20Investigate%20and%20Sanction%20%E2%80%9CChildren%20of%20Israel%20LLC%E2%80%9D%20for%20Evading%20Disclosure%20Laws%26%238221%3B&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Trump’s Republican Turnout Boost Extends to Battleground States”
<http://electionlawblog.org/?p=81123>
Posted onMarch 22, 2016 7:37 am
<http://electionlawblog.org/?p=81123>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg reports.
<http://www.bloomberg.com/politics/articles/2016-03-22/trump-s-republican-turnout-boost-extends-to-battleground-states?cmpid=BBD032216_POL>
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81123&title=%26%238220%3BTrump%26%238217%3Bs%20Republican%20Turnout%20Boost%20Extends%20to%20Battleground%20States%26%238221%3B&description=>
Posted incampaigns <http://electionlawblog.org/?cat=59>
WI Online Voter Registration Law Stops Community Voter Registration
Drives <http://electionlawblog.org/?p=81121>
Posted onMarch 22, 2016 7:36 am
<http://electionlawblog.org/?p=81121>byRick Hasen
<http://electionlawblog.org/?author=3>
Project Vote
<http://www.projectvote.org/blog/gov-walker-signs-voter-registration-bill-comes-high-cost/#comment-3120>:
As expected, last week Wisconsin Governor Scott Walker signed an
election bill into law. Significantly, the bill provides for online
voter registration. But it comes at a high cost.
That cost is not the money required to modernize the state’s voter
registration system. In fact, by reducing the costs associated with
producing and processing paper registration applications, online
registration is proven to result in significant cost-savings.
Instead, it is traditionally underrepresented voters who will pay
the price for this bill. The most harmful provision buried in the
bill effectively stops groups from organizing community voter
registration drives.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81121&title=WI%20Online%20Voter%20Registration%20Law%20Stops%20Community%20Voter%20Registration%20Drives&description=>
Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Trump warns he will run attack ads about Cubs owners”
<http://electionlawblog.org/?p=81119>
Posted onMarch 22, 2016 7:34 am
<http://electionlawblog.org/?p=81119>byRick Hasen
<http://electionlawblog.org/?author=3>
Sports Illustrated reports.
<http://www.si.com/mlb/2016/03/21/donald-trump-cubs-owners-spending-against-him-ricketts-family>
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81119&title=%26%238220%3BTrump%20warns%20he%20will%20run%20attack%20ads%20about%20Cubs%20owners%26%238221%3B&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Why President Obama Has the Constitutional Power to Appoint—and Not
Just Nominate—a Replacement for Justice Scalia”
<http://electionlawblog.org/?p=81117>
Posted onMarch 22, 2016 7:33 am
<http://electionlawblog.org/?p=81117>byRick Hasen
<http://electionlawblog.org/?author=3>
Rob Kar and Jason Mazzone have postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2752287>on SSRN.
Here is the abstract:
After Justice Antonin Scalia’s recent death, politicians wasted no
time before teeing up a political battle over his replacement.
Republican Senators—led by Senate Majority Leader Mitch
McConnell—immediately announced that they will not consider or vote
on any replacement nominees from the current President. In doing so,
they have taken a position that may be constitutionally problematic
in ways that have not yet been fully appreciated. Now that President
Obama has nominated Judge Merrick Garland to the Supreme Court, this
problem requires greater attention.
The crux of the problem is that an outright refusal on the part of
the Senate to consider any nominee from President Obama arguably
works a delegation of an elected President’s Supreme Court
appointment power to an unknown successor. While the Appointments
Clause of the Constitution allows Congress to delegate a President’s
appointment power in certain instances, it does not permit
delegation with respect to Supreme Court appointments. Hence this
delegation raises a potential problem of separation of powers.
Historical practice also cautions against any effort to delegate to
a future President the authority to nominate and appointment a
member of the Supreme Court. We show that there are 104 cases in
which an elected President has faced a vacancy on the Supreme Court
and began the appointment process prior to the election of a
successor. In all 104 cases, the sitting President was able to both
nominate and, with the advice and consent of the Senate, appoint a
replacement Justice. We explain why this is a better reading of
historical precedent than any limited to consideration of the last
80 years. Hence, constitutional text, structure and history suggest
that the Senate Republicans’ current plan not to act at all on any
Obama nominee may violate the Constitution. Given this possible
constitutional problem, there are also heightened prudential risks
to the position Senate Republicans have taken.
None of this means that the Senate cannot vote against President
Obama’s nominees on a wide range of grounds. The Senate also has
broad discretion to determine its procedures for vetting a nominee.
But the delegation problem identified in this Article provides a
significant reason for Republican Senators, sworn to uphold the
Constitution, to rethink their current position. They should instead
consider and vote upon Garland or any other timely submitted nominee.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81117&title=%26%238220%3BWhy%20President%20Obama%20Has%20the%20Constitutional%20Power%20to%20Appoint%E2%80%94and%20Not%20Just%20Nominate%E2%80%94a%20Replacement%20for%20Justice%20Scalia%26%238221%3B&description=>
Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“Hillary Clinton’s Backers Prepare General Election Ad Blitz”
<http://electionlawblog.org/?p=81115>
Posted onMarch 22, 2016 7:31 am
<http://electionlawblog.org/?p=81115>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/politics/first-draft/2016/03/22/hillary-clintons-backers-prepare-general-election-ad-blitz/?login=email&_r=0>
The “super PAC” supporting Hillary Clinton is preparing to reserve
roughly $70 million in television ads to begin after the Democratic
National Convention and to run through the fall general election in
important battleground states such as Ohio and Florida, the first
large-scale mobilization that any group has made.
Over the coming days, the group, Priorities USA, will begin making
reservations in those states, as well as in Colorado, Iowa, Nevada,
New Hampshire and Virginia, said the group’s chief strategist and
co-chairman, Guy Cecil. The aggressive move comes as the super PAC
looks to the fall and what could be a crowded market of television
ad reservations.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81115&title=%26%238220%3BHillary%20Clinton%E2%80%99s%20Backers%20Prepare%20General%20Election%20Ad%20Blitz%26%238221%3B&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Colorado firm tied to super PAC operative was a top Trump vendor
last month” <http://electionlawblog.org/?p=81113>
Posted onMarch 22, 2016 7:29 am
<http://electionlawblog.org/?p=81113>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<https://www.washingtonpost.com/news/post-politics/wp/2016/03/21/colorado-firm-tied-to-super-pac-operative-was-top-trump-vendor-last-month/?postshare=5581458593198171&tid=ss_tw>:
Donald Trump’s campaign has paid more than $1.2 million to a small
Colorado printing firm connected to a Republican operative who ran a
short-lived super PAC in support of Trump — shelling out $624,000 to
the company just last month, new filings show.
That made WizBang Solutions, where GOP operative Mike Ciletti works
as a director, the campaign’s third-highest paid vendor in February.
The Commerce City-based company — which was paid for printing and
design services — collected more from the Trump campaign last month
than it hadin all previous months combined
<https://www.washingtonpost.com/news/post-politics/wp/2016/02/01/trump-campaign-ups-its-payments-to-firm-of-super-pac-operative/>.
Trump spokeswoman Hope Hicks did not respond to a request for
details about what work WizBang Solutions is doing for the campaign.
Ciletti did not return a call seeking comment.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81113&title=%26%238220%3BColorado%20firm%20tied%20to%20super%20PAC%20operative%20was%20a%20top%20Trump%20vendor%20last%20month%26%238221%3B&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Vermont Campaign finance battles continue in court”
<http://electionlawblog.org/?p=81111>
Posted onMarch 21, 2016 8:58 pm
<http://electionlawblog.org/?p=81111>byRick Hasen
<http://electionlawblog.org/?author=3>
Burlington Free Press
<http://www.burlingtonfreepress.com/story/news/politics/2016/03/21/vtpoli-corren-seeks-legal-fees-dismissed-vt-lawsuit/82073238/>:
Sixteen months after Progressive/Democrat Dean Corren lost his bid
for lieutenant governor, he and the Attorney General’s Office still
are embroiled in a double-barreled court fight over whether Corren
violated Vermont’s campaign finance law.
The case may turn on whether an email blast urging support for a
candidate counts as an electioneering communication and therefore a
political contribution, or, because it involves the use of computers
and mailing lists, is exempt from the types of contributions that
need to be reported to the secretary of state.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81111&title=%26%238220%3BVermont%20Campaign%20finance%20battles%20continue%20in%20court%26%238221%3B&description=>
Posted inUncategorized <http://electionlawblog.org/?cat=1>
“A Pivotal Moment for Election Law”
<http://electionlawblog.org/?p=81109>
Posted onMarch 21, 2016 8:54 pm
<http://electionlawblog.org/?p=81109>byRick Hasen
<http://electionlawblog.org/?author=3>
Josh Douglashas posted this
draft<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2752826>on
SSRN. Here is the abstract:
In this Forward to the Kentucky Law Journal Symposium Issue on
Election Law, I chronicle the importance of Justice Scalia’s death
to election law jurisprudence and explain how a replacement for
Justice Scalia may change various aspects of election law doctrine.
In particular, I examine how Justice Scalia’s death, and a new
Justice, might impact the doctrine and theoretical underpinning of
cases involving redistricting, the Voting Rights Act, campaign
finance, and election administration. I also summarize the seven
articles in this symposium issue, explaining how most of the
proposals likely have a much better chance at adoption with a new
Justice on the Court.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81109&title=%26%238220%3BA%20Pivotal%20Moment%20for%20Election%20Law%26%238221%3B&description=>
Posted inSupreme Court <http://electionlawblog.org/?cat=29>
More on the #SCOTUS Oral Argument in Virginia Congressional
Redistricting Case <http://electionlawblog.org/?p=81107>
Posted onMarch 21, 2016 8:49 pm
<http://electionlawblog.org/?p=81107>byRick Hasen
<http://electionlawblog.org/?author=3>
I have now had a chance to reviewthe transcript
<http://www.supremecourt.gov/oral_arguments/argument_transcripts/14-1504_5he6.pdf>in
/Wittman v. Personhuballah
<http://www.scotusblog.com/case-files/cases/wittman-v-personhuballah/>/,
and I agree with other commentators that it seems very likely that the
Republican intervenors is likely to fail. It appears that the four Court
liberals are unlikely to side with the intervenors, either on the
question of standing or on the merits, and Justice Kennedy could well be
a fifth vote against the intervenors. Kennedy was not crystal clear in
his position at the oral argument, but recall that he sided with the
plaintiffs in last year’s Alabama redistricting case, raising similar
issues. Either a 5-3 decision, or a 4-4 dismissal means the lower court
ruling requiring the redrawing of the districts to deal with the racial
gerrymander stands.
The case was especially well argued by all the advocates, Mike Carvin
for the Republican intervenors, Mark Elias for the plaintiffs, Stuart
Raphael for the state, and Ira Gershengorn for the US government as amicus.
You can find news coverage fromAdam Liptak
<http://www.nytimes.com/2016/03/22/us/politics/roles-of-race-and-partisanship-in-legislative-maps-argued-at-supreme-court.html>(focusing
heavily on the race or party issue),Lyle Denniston
<http://www.scotusblog.com/2016/03/argument-analysis-what-does-incumbency-mean-when-the-election-is-held/>,Bob
Barnes
<https://www.washingtonpost.com/politics/courts_law/supreme-court-may-decide-against-va-republicans-in-redistricting-fight/2016/03/21/eb7bfac0-ef79-11e5-a61f-e9c95c06edca_story.html>,Mark
Sherman
<http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT>,
andRichard Wolf
<http://www.usatoday.com/story/news/2016/03/21/supreme-court-liberals-conservatives-scalia-virginia-congress-districts/82080498/>.
If you want more background on the issues in the case, I’ve written
Racial Gerrymandering’s Questionable Revival,
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2601459>/Alabama Law
Review/(2015) and Race or Party?: How Courts Should Think About
Republican Efforts to Make it Harder to Vote in North Carolina and
Elsewhere
<http://harvardlawreview.org/2014/01/race-or-party-how-courts-should-think-about-republican-efforts-to-make-it-harder-to-vote-in-north-carolina-and-elsewhere/>,
/Harvard Law Review Forum/(2014).
I also /HIGHLY/recommend Justin Levitt’s forthcoming piece, newly
revised, on the spate of these cases where Republican legislatures have
wrapped themselves in the Voting Rights Act to gerrymander for their
advantage. It discusses the history of the Va. redistricting action in
detail. Here is the abstract toQuick and Dirty: The New Misreading of
the Voting Rights Act
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2487426>(forthcoming, /Fla.
State L. Rev/.):
The role of race in the apportionment of political power is one of
the thorniest problems at the heart of American democracy, and
poised to once again take center stage at the Supreme Court this
Term. The Court has agreed to hear a case from Alabama involving the
Voting Rights Act and the appropriate use of race in redistricting.
But though the litigation posture of the case may not make it clear
to the Court, Alabama is part of a disturbing pattern. Jurisdictions
like Alabama have been applying not the Voting Rights Act, but a
hamhanded cartoon of the Voting Rights Act — substituting blunt
numerical demographic targets for the searching examination of local
political conditions that the statute actually demands.
This short and timely Essay is the first to identify the ways in
which multiple jurisdictions in this redistricting cycle appear to
have substituted this cartoon of the Voting Rights Act for the real
thing. It identifies the racial essentialism at the heart of the
demographic shorthand, and contrasts that retrograde approach with
the tailored and nuanced law on the books. It then elaborates the
constitutional danger of replacing the real statute with the
imagined one, and urges courts, including the Supreme Court, to see
the cartoon for what it is.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81107&title=More%20on%20the%20%23SCOTUS%20Oral%20Argument%20in%20Virginia%20Congressional%20Redistricting%20Case&description=>
Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Did Casting a Ballot Just Get Harder? Gunther Peck on how the new
NC voting law may affect the 2016 elections”
<http://electionlawblog.org/?p=81105>
Posted onMarch 21, 2016 3:31 pm
<http://electionlawblog.org/?p=81105>byRick Hasen
<http://electionlawblog.org/?author=3>
Listen <http://today.duke.edu/2016/03/peckgya#.VvBrtJ_f4Mw.aolmail>at
Duke Today.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81105&title=%26%238220%3BDid%20Casting%20a%20Ballot%20Just%20Get%20Harder%3F%20Gunther%20Peck%20on%20how%20the%20new%20NC%20voting%20law%20may%20affect%20the%202016%20elections%26%238221%3B&description=>
Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Megadonors stricken with presidential fatigue?”
<http://electionlawblog.org/?p=81102>
Posted onMarch 21, 2016 10:21 am
<http://electionlawblog.org/?p=81102>byRick Hasen
<http://electionlawblog.org/?author=3>
CPI reports.
<http://www.publicintegrity.org/2016/03/21/19453/megadonors-stricken-presidential-fatigue>
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81102&title=%26%238220%3BMegadonors%20stricken%20with%20presidential%20fatigue%3F%26%238221%3B&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
5th Circuit Won’t Consider Emergency Injunction in TX Voter ID Case
Until Oral Argument <http://electionlawblog.org/?p=81100>
Posted onMarch 21, 2016 10:20 am
<http://electionlawblog.org/?p=81100>byRick Hasen
<http://electionlawblog.org/?author=3>
So reports
<https://twitter.com/RMFifthCircuit/status/711965072378081281>Raffi
Melkonian.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81100&title=5th%20Circuit%20Won%26%238217%3Bt%20Consider%20Emergency%20Injunction%20in%20TX%20Voter%20ID%20Case%20Until%20Oral%20Argument&description=>
Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
Supreme Court Likely to Affirm Racial Gerrymandering Finding in VA
Redistricting Case <http://electionlawblog.org/?p=81098>
Posted onMarch 21, 2016 10:17 am
<http://electionlawblog.org/?p=81098>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo:
<https://www.washingtonpost.com/politics/courts_law/supreme-court-may-decide-against-va-republicans-in-redistricting-fight/2016/03/21/eb7bfac0-ef79-11e5-a61f-e9c95c06edca_story.html>
The Supreme Court on Monday seemed likely to leave in place a lower
court’s decision that Virginia improperly considered race when
drawing congressional districts.
Operating without the late Justice Antonin Scalia, it would require
only four members of the court to agree with a judicial panel that
the Republican-led legislature improperly packed African American
voters into the 3rd Congressional District, which is represented by
the state’s lone black congressman, Rep. Robert C. “Bobby” Scott, a
Democrat….
Washington lawyer Michael A. Carvin, representing Republican
congressmen whose districts have been changed by the lower court,
said the legislature’s primary objectives were to protect incumbents
and maintain the core of existing districts. Both are acceptable
motives by Supreme Court precedent.
But the court’s four liberals challenged that. Justice Elena Kagan
said relying on race cannot be condoned even if there were benefits
such as protecting incumbents.
They also questioned whether the congressmen have the legal
standing to challenge the lower court’s decision to redraw the maps,
even if their reelection chances are harmed by the changes.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81098&title=Supreme%20Court%20Likely%20to%20Affirm%20Racial%20Gerrymandering%20Finding%20in%20VA%20Redistricting%20Case&description=>
Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“My brush with North Carolina voter ID law”
<http://electionlawblog.org/?p=81096>
Posted onMarch 21, 2016 10:15 am
<http://electionlawblog.org/?p=81096>byRick Hasen
<http://electionlawblog.org/?author=3>
Rudy Ravindra
<http://www.newsobserver.com/opinion/op-ed/article66929422.html>in News
& Observer:
Since my wife was out of town last week, I drove her to the
designated polling place (not the same place I voted) on Election
Day. This time poll worker NX subjected my wife to a similar ritual.
Keeping her ID face down, he asked her to spell her name and
pronounce it.
Our two Caucasian friends who live in different areas of town voted
at different polling places. In contrast to our humiliating
experience, however, they did not have to pass the spelling test and
after a cursory glance at their IDs were allowed to vote.
My wife and I couldn’t help but feel that we were singled out. The
poll workers could have simply looked at our IDs and saved a lot of
time. That in a sea of white faces at both polling stations my wife
and I were the only brown-skinned individuals also led us to suspect
that we were victims of racial prejudice. In these days of Trumpism
and shameless xenophobia and other assorted phobias, we can’t be
blamed if we are paranoid.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81096&title=%26%238220%3BMy%20brush%20with%20North%20Carolina%20voter%20ID%20law%26%238221%3B&description=>
Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Garland is no sure bet on overturning Citizens United”
<http://electionlawblog.org/?p=81093>
Posted onMarch 21, 2016 10:08 am
<http://electionlawblog.org/?p=81093>byRick Hasen
<http://electionlawblog.org/?author=3>
I have writtenthis commentary
<http://electionlawblog.org/wp-content/uploads/hasen-garland-citizens.pdf>for
the /Los Angeles Daily Journal/(reprinted with permission). It begins:
Would a U.S. Supreme Court Justice Merrick Garland be the crucial
fifth vote to overturn the Supreme Court’s controversial 2010
decision in Citizens United, the case which led the way to
Super PACs and a bigger role for the wealthy in politics? Would
he strongly protect voting rights?
My view of Judge Garland’s record as a judge on the United States
Court of Appeals for the D.C. Circuit is that he would be moderately
liberal on many election law issues. The big question, however, is
how far he would be willing to go in overturning or
greatly extending precedent. On that, the jury is still out.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81093&title=%26%238220%3BGarland%20is%20no%20sure%20bet%20on%20overturning%20Citizens%20United%26%238221%3B&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“BREAKING: Federal Court Rules Prison Gerrymandering
Unconstitutional” <http://electionlawblog.org/?p=81091>
Posted onMarch 21, 2016 9:07 am
<http://electionlawblog.org/?p=81091>byRick Hasen
<http://electionlawblog.org/?author=3>
Alice Ollstein
<http://thinkprogress.org/justice/2016/03/21/3761659/florida-prison-gerrymandering-case/>:
The Federal District Court for Florida’s Northern District ruled
Monday that theprison gerrymandering in Florida’s Jefferson County
<http://thinkprogress.org/politics/2015/03/10/3631876/jefferson-county-prison-gerrymandering/>unconstitutionally
dilutes the voting power of its residents. By packing inmates who
can’t vote into a district, but counting them when drawing electoral
maps, District Judge Mark Walkersaid
<http://aclufl.org/resources/calvin-et-al-v-jefferson-county-order-on-motions-for-summary-judgment/>the
county had violated the “one person, one vote” principle in the
Constitution’s Fourteenth Amendment.
The American Civil Liberties Union’s attorney, Nancy Abudu, argued
the case on behalf of Jefferson County residents who felt the prison
gerrymandering watered down the strength of their political power by
unfairly stacking the deck for residents who live in the same
district as the non-voting prisoners.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81091&title=%26%238220%3BBREAKING%3A%20Federal%20Court%20Rules%20Prison%20Gerrymandering%20Unconstitutional%26%238221%3B&description=>
Posted infelon voting <http://electionlawblog.org/?cat=66>,redistricting
<http://electionlawblog.org/?cat=6>
“Call for Papers — Election Law and the Presidency”
<http://electionlawblog.org/?p=81089>
Posted onMarch 21, 2016 8:10 am
<http://electionlawblog.org/?p=81089>byRick Hasen
<http://electionlawblog.org/?author=3>
Announcement via email:
/Fordham Law Review/is devoting a portion of its December 2016 Book
to election law issues relating to the President’s nomination and
election; his or her eligibility; succession issues; the law of
impeachment; and the like. We welcome proposed papers, due on or
before August 22, 2016, that are no longer than 10,000 words. A
selected group of authors will be invited to discuss their papers at
Fordham Law School’s September 30, 2016 Forum on the Presidency.
Inquiries and proposals should be preliminarily directed to Prof.
Jerry Goldfeder, contact information below.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81089&title=%26%238220%3BCall%20for%20Papers%20%26%238212%3B%20Election%20Law%20and%20the%20Presidency%26%238221%3B&description=>
Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Supreme Court nominee Garland bows out of more cases”
<http://electionlawblog.org/?p=81087>
Posted onMarch 21, 2016 8:09 am
<http://electionlawblog.org/?p=81087>byRick Hasen
<http://electionlawblog.org/?author=3>
Josh Gerstein
<http://www.politico.com/blogs/under-the-radar/2016/03/garland-bows-out-of-more-cases-221041>:
Supreme Court nominee and D.C. Circuit Court of Appeals Chief Judge
Merrick Garland begged off at least nine more court cases in recent
days, signaling that he is suspending his work as chief judge on
that court through at least mid-April.
Orders issued Monday morning pulled Garland from three-judge panels
set to hear a total of six cases on April 14 and 15. Those cases
include a pair relating to the Internal Revenue Service’s targeting
of conservative groups, as well as one challenging the Obama
Administration’s so-called “administrative fix” to prevent
cancellation of existing insurance policies that did not meet
Obamacare standards.
Judge Douglas Ginsburg—a Reagan appointee—will take Clinton
appointee Garland’s slot on the panel hearing the conservative
groups’ challenges, making all judges on those cases GOP appointees.
Judge Robert Wilkins—an Obama appointee—takes over for Garland on
the Affordable Care Act case, leaving that panel leaning 2-1 towards
GOP appointed-judges.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81087&title=%26%238220%3BSupreme%20Court%20nominee%20Garland%20bows%20out%20of%20more%20cases%26%238221%3B&description=>
Posted inUncategorized <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
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160322/930acf52/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160322/930acf52/attachment.png>
View list directory