[EL] ELB News and Commentary 6/28/18

Wed Jun 27 20:21:49 PDT 2018

Speaking Thursday at ACS Law Supreme Court Term in Review in D.C.<http://electionlawblog.org/?p=99845>
Posted on June 27, 2018 8:19 pm<http://electionlawblog.org/?p=99845> by Rick Hasen<http://electionlawblog.org/?author=3>

With the Kennedy retirement (my thoughts here<https://slate.com/news-and-politics/2018/06/did-justice-anthony-kennedy-just-signal-his-retirement.html> and here<https://slate.com/news-and-politics/2018/06/trump-will-replace-kennedy-with-a-scalia-clone-only-one-thing-might-stop-him.html>), this<https://events.acslaw.org/rsvp?id=a0Y0f00000GVFhZEAX> should be a doozy of an event. C-SPAN is scheduled to cover.

The 2017-2018 Supreme Court Review
June 28, 2018
12:00 PM – 02:00 PM

Event Location:
National Press Club
529 14th Street NW
13th Floor
Washington, DC 20045
Details:

On June 28, ACS will host its annual panel discussion at the National Press Club reviewing the current Supreme Court Term as it draws to a close. Leading experts will discuss the Court’s noteworthy decisions and analyze emerging trends.

Welcome

Caroline Fredrickson, President, American Constitution Society for Law & Policy

Panelists

Thomas Goldstein, Co-Founder and Publisher of SCOTUSblog, Moderator

Richard Hasen, Chancellor’s Professor of Law and Political Science, UC Irvine School of Law

Lenese Herbert, Professor of Law, Howard University School of Law

Ria Tabacco Mar, Senior Staff Attorney, American Civil Liberties Union

Benjamin Sachs, Kestnbaum Professor of Labor and Industry, Harvard Law School

Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute

Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar, Clinical Professor of Law, Penn State Law

Lunch begins at 12:15 and the program

begins at 12:30 pm.

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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

Democrats vote to limit voting power of ‘superdelegates’”<http://electionlawblog.org/?p=99843>
Posted on June 27, 2018 8:10 pm<http://electionlawblog.org/?p=99843> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo reports.<https://www.washingtonpost.com/news/powerpost/wp/2018/06/27/democrats-vote-to-limit-voting-power-of-superdelegates/?utm_term=.e64133a9adde>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Texas won its redistricting fight at the Supreme Court. Now it hopes to use that win to wrap up its voter ID suit.”<http://electionlawblog.org/?p=99841>
Posted on June 27, 2018 8:07 pm<http://electionlawblog.org/?p=99841> by Rick Hasen<http://electionlawblog.org/?author=3>

Texas Tribune:<https://www.texastribune.org/2018/06/27/political-maps-upheld-texas-looks-wrap-voter-id-case/>

Two days after the U.S. Supreme Court ruled that Texas lawmakers did not intentionally discriminate when they signed off on congressional and state House maps in 2013, the state is looking to use that victory to wrap up another case in which it’s accused of intentionally violating the voting rights of people of color.

In a motion filed Wednesday, the Texas attorney general’s office asked U.S. District Judge Nelva Gonzales Ramos of Corpus Christi to reconsider her findings that the state’s voter ID law was enacted to purposefully discriminate against voters of color. An appellate court has already upheld the law, but — in light of the Supreme Court’s ruling — the state is now trying to convince the judge to reverse her findings of discrimination in the voter ID case in order to eliminate the possibility of a return to federal oversight of its election laws.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“Judge: Trump Voter Fraud Panel Docs Must Be Turned Over To Member Who Sued”<http://electionlawblog.org/?p=99839>
Posted on June 27, 2018 7:57 pm<http://electionlawblog.org/?p=99839> by Rick Hasen<http://electionlawblog.org/?author=3>

Tierney Sneed<https://talkingpointsmemo.com/muckraker/dunlap-court-order-turn-over-documents> for TPM:

Nearly six months after President Trump, citing growing litigation, dissolved his sketchy voter fraud commission, a federal judge in Washington said Wednesday that certain commission documents should be turned over to one of its commissioners, who sued last year<https://talkingpointsmemo.com/muckraker/dunlap-trump-commission-lawsuit> over the panel’s lack of transparency.

U.S. District Judge Colleen Kollar-Kotelly had previously ordered in late December that the commissioner, Maine Secretary of State Matt Dunlap (D), receive the documents,<https://talkingpointsmemo.com/muckraker/kobach-dunlap-preliminary-injunction> including internal communications, that he was requesting. About two weeks after her order, the commission folded, but the legal fight over his case has continued.

The judge said Wednesday that the commission must turn over the documents that were covered in her Dec. 22 order by July 18. The judge said that she had not “considered line-by-line the documents requested by Plaintiff.” But she pointed to the documents referenced in an index of commission-related communications<https://talkingpointsmemo.com/muckraker/trump-voter-fraud-commission-communications>, which was provided in a separate lawsuit, as an example of what she was expecting to be turned over.

With a dig at Kobach, via Josh Gerstein<https://www.politico.com/story/2018/06/27/trump-voter-fraud-commission-judge-679634>:

Kollar-Kotelly concluded Dunlap should not be permitted to subpoena Kobach right now, but the judge also took notice of a series of opinions from a federal judge and magistrate In Kansas, faulting him for defying court orders.

“The Court is aware that Mr. Kobach’s reputation for candor to the tribunal and compliance with its orders is less than sterling,” Kollar-Kotelly observed, before turning down the requested subpoena.

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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>

“It’s Time for Florida To Join the Rest of the Union on Voting Rights”<http://electionlawblog.org/?p=99836>
Posted on June 27, 2018 7:44 pm<http://electionlawblog.org/?p=99836> by Rick Hasen<http://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy blogs.<https://www.brennancenter.org/blog/its-time-florida-join-rest-union-voting-rights>

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Posted in felon voting<http://electionlawblog.org/?cat=66>

“Corporate political disclosure moves firmly into mainstream”<http://electionlawblog.org/?p=99834>
Posted on June 27, 2018 7:42 pm<http://electionlawblog.org/?p=99834> by Rick Hasen<http://electionlawblog.org/?author=3>

This article<http://files.politicalaccountability.net/news/in-the-news/corporate-political-disclosure-moves-firmly-into-mainstream/CPA_-_Pensions__Investments_-_Corporate_political_disclosure_moves_firmly_into_mainstream_-_06-25-18.pdf> appears in Pensions & Investment.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Federal officials struggle to drag political ad rules into the internet age”<http://electionlawblog.org/?p=99832>
Posted on June 27, 2018 7:41 pm<http://electionlawblog.org/?p=99832> by Rick Hasen<http://electionlawblog.org/?author=3>

CPI:<https://www.publicintegrity.org/2018/06/27/21898/federal-officials-struggle-drag-political-ad-rules-internet-age>

The American social media platforms Russian entities used to influence the 2016 presidential election are essentially attempting to regulate<https://www.facebook.com/help/1991443604424859> themselves<https://www.theverge.com/2018/5/24/17390156/twitter-political-advertising-guidelines-transparency-rules>, fearing a repeat during the 2018 midterms.

Meanwhile, the federal government agency tasked with protecting U.S. elections from foreign meddling<https://www.fec.gov/updates/foreign-nationals/> struggled on Wednesday to even agree on narrow rules governing the size and format of certain disclaimers on digital political ads.

It may never agree: During a daylong public hearing in Washington, D.C., the Federal Election Commission’s four remaining commissioners — two seats are vacant because President Donald Trump hasn’t appointed anyone to fill them — couldn’t find consensus on how to best drag federal political ad regulations into an Internet age that commenced last century.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, federal election commission<http://electionlawblog.org/?cat=24>

I Spoke to Jacob Weisberg on Today’s Slate Trumpcast About the Battle to Fill Justice Kennedy’s Seat<http://electionlawblog.org/?p=99830>
Posted on June 27, 2018 7:10 pm<http://electionlawblog.org/?p=99830> by Rick Hasen<http://electionlawblog.org/?author=3>

You can find a link to listen here<https://twitter.com/realTrumpcast/status/1012130857623130117>.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

“The Only Thing That Might Stop Trump From Replacing Kennedy With a Scalia Clone”<http://electionlawblog.org/?p=99828>
Posted on June 27, 2018 3:23 pm<http://electionlawblog.org/?p=99828> by Rick Hasen<http://electionlawblog.org/?author=3>

I have written this piece<https://slate.com/news-and-politics/2018/06/trump-will-replace-kennedy-with-a-scalia-clone-only-one-thing-might-stop-him.html> for Slate. It begins:

Buckle up, folks. If you did not like what the Supreme Court has done in the last few weeks on voting rights, public-sector unions, and Trump’s travel ban, things are going to get a whole lot worse now that Justice Anthony Kennedy is retiring<https://slate.com/news-and-politics/2018/06/justice-anthony-kennedy-retires-paving-way-for-trump-to-reshape-supreme-court.html> and with conservative Chief Justice John Roberts about to become the new swing justice<http://www.latimes.com/opinion/op-ed/la-oe-hasen-roberts-swing-vote-20170410-story.html>. There’s precious little Democrats can do, at least in the short term, either to stop the nomination of another clone of Justice Antonin Scalia, or to stop the political benefit President Donald Trump is likely to get from such an appointment. Fixing the Supreme Court will be a long-term project.

In short order, I expect President Trump to take the safe route and nominate a stellar Scalia clone. My personal expectation is that Judge Brett Kavanaugh of the United States Court of Appeals for the D.C. Circuit is a likely pick. Trump has reportedly<https://twitter.com/stevenportnoy/status/1012037507331035136> already said he intends to select the next justice from a previously circulated list of Federalist Society–approved judges. Following the playbook used for Justice Neil Gorsuch’s confirmation, the new nominee will be a very smart (likely white male) judge with impeccable credentials who can get up in front of the Senate Judiciary Committee and commit to absolutely nothing in terms of his future rulings.
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Posted in Scalia<http://electionlawblog.org/?cat=123>, Supreme Court<http://electionlawblog.org/?cat=29>

Early Thoughts on Justice Kennedy’s Retirement<http://electionlawblog.org/?p=99826>
Posted on June 27, 2018 11:38 am<http://electionlawblog.org/?p=99826> by Rick Hasen<http://electionlawblog.org/?author=3>

Following my prediction<https://slate.com/news-and-politics/2018/06/did-justice-anthony-kennedy-just-signal-his-retirement.html> of a Kennedy retirement yesterday over at Slate, I’m adding my early thoughts to this tweet thread.<https://twitter.com/rickhasen/status/1012036238726123536>

More later.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

3-Judge Court in North Carolina Partisan Gerrymandering Case Sets Quick Schedule to Potentially Get Case Back Up to #SCOTUS<http://electionlawblog.org/?p=99823>
Posted on June 27, 2018 9:07 am<http://electionlawblog.org/?p=99823> by Rick Hasen<http://electionlawblog.org/?author=3>

As I expected<https://slate.com/news-and-politics/2018/06/anthony-kennedy-wont-rule-on-gerrymandering.html>, the 3 judge court in the North Carolina partisan gerrymandering case has set a quick schedule<http://electionlawblog.org/wp-content/uploads/Rucho-Order-6.27.18-Dkt.-124.pdf> to consider standing issues under Gill following a Supreme Court remand.

Briefs are due July 11.

Assuming the lower court issues an opinion finding standing and reiterating its original holdings, there would be a real possibility of the case being back before the Supreme Court next term, if the Court wants to hear it fully.
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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
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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