[EL] ELB News and Commentary 10/10/17

Tue Oct 10 15:05:07 PDT 2017

Paul, I think Gorsuch would respond that federal judges (contra Top Chefs) are not selected for their discernment or consistency in tasting gerrymanders.

Our point is simply that the leading contenders for a legal standard by which to judge partisan gerrymanders do not depend on refined palates, as they are not “taste test” standards.

—C.

From: Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> on behalf of Eric McGhee <mcghee at ppic.org<mailto:mcghee at ppic.org>>
Date: Tuesday, October 10, 2017 at 2:06 PM
To: Paul Gronke <paul.gronke at gmail.com<mailto:paul.gronke at gmail.com>>, Justin Levitt <levittj at lls.edu<mailto:levittj at lls.edu>>, "law-election at department-lists.uci.edu<mailto:law-election at department-lists.uci.edu>" <law-election at department-lists.uci.edu<mailto:law-election at department-lists.uci.edu>>
Subject: Re: [EL] ELB News and Commentary 10/10/17

Paul, I stand corrected.  Clearly we did not think deeply enough about this question.  Also, I freely admit that Chris came up with the Top Chef line; I have never even seen the show.  I am in fact a terrible cook who barely knows how to boil water.

From: Law-election [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Paul Gronke
Sent: Tuesday, October 10, 2017 12:18 PM
To: Justin Levitt <levittj at lls.edu<mailto:levittj at lls.edu>>; law-election at department-lists.uci.edu<mailto:law-election at department-lists.uci.edu>
Subject: Re: [EL] ELB News and Commentary 10/10/17

I was hoping that Rick and Justin would explain to us why jurists use tumeric on their steak!

Chris Elmendorf and Eric McGhee let Gorsuch off too easily. It’s not about the law, it’s about the food.

I’m no Top Chef, but I have mixed a few steak rubs in my time, and even poking around this morning on the web, steak rubs actually don’t vary that much. Most include some salt, some garlic, something spicy (generally chili powder and paprika) and depending on preference, something savory (cumin, onion powder, I suppose tumeric but I can’t find a recipe anywhere with this ingredient) or something sweet (brown sugar).  And sometimes oil if it’s not a dry rub.

The point here isn’t to take us on a dry rub detour, rather to illustrate that Gorsuch’s culinary metaphor undermines his argument (or perhaps that he doesn’t cook very often).  A rub is applied for a purpose, and you can’t just make it up. Sugar caramelizes; salt tenderizes. The ingredient set varies within a fairly narrow range. While specific mixtures vary, the rub is NOT a matter of personal preference.

Besides, have Chris and Eric actually watched Top Chef?  The show has a rotating panel of three expert judges. These experts their extensive experience as chefs and restauranteurs to JUDGE what constitutes a well cooked steak.  They WILL tell you if you’ve used too much tumeric in your steak. It’s sort of like what a Court is supposed to do …

If the Wisconsin plan was as over seasoned as Elmendorf and McGhee argue, I’d expect a discriminating judicial palette would judge it unsatisfactory and send it back to the kitchen.

Enough of that. Time for lunch.

---
Paul Gronke
Professor, Reed College
Director, Early Voting Information Center
http://earlyvoting.net

General Inquiries: Laura Swann swannla at reed.edu<mailto:swannla at reed.edu>
Media Inquiries: Kevin Myers myersk at reed.edu<mailto:myersk at reed.edu>

On October 10, 2017 at 8:15:59 AM, Justin Levitt (levittj at lls.edu<mailto:levittj at lls.edu>) wrote:
I can't resist: Rick's first post back this morning was a thank-you, and I have to return the favor.  Every time I have the opportunity to take up the ELB mantle for a short stretch, I'm reminded anew just how much work it is to sift through the emails and posts and stories and research of the day for items of potential interest across the range of issues that impact election law: takes I agree with, takes I disagree with, and takes I barely understand well enough to know whether I agree or not.  The time required to keep up with the sheer volume is somehow always astonishing.

And Rick does it day after day after day after day.

So upon returning the keys back, I wanted to offer a thank-you to the guy minding the store all the rest of the year.  It's a tremendous service to the community.

Justin

--

Justin Levitt

Professor of Law

Associate Dean for Research

Loyola Law School | Los Angeles

919 Albany St.

Los Angeles, CA  90015

213-736-7417

ssrn.com/author=698321<http://ssrn.com/author=698321>

@_justinlevitt_
On 10/10/2017 7:48 AM, Rick Hasen wrote:

A Big Thank You to Justin Levitt<http://electionlawblog.org/?p=95383>
Posted on October 10, 2017 7:23 am<http://electionlawblog.org/?p=95383> by Rick Hasen<http://electionlawblog.org/?author=3>

For keeping the blogging running beautifully while I was out for a bit.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D95383&title=A%20Big%20Thank%20You%20to%20Justin%20Levitt>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

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