[EL] ELB News and Commentary 3/5/18

Mon Mar 5 07:13:06 PST 2018

Two Events Today, One at Cardozo Law with Kate Shaw and One at Brennan Center with Joan Biskupic, on My New Scalia Book<http://electionlawblog.org/?p=97976>
Posted on March 5, 2018 7:02 am<http://electionlawblog.org/?p=97976> by Rick Hasen<http://electionlawblog.org/?author=3>

The official release date of my book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption<https://www.amazon.com/Justice-Contradictions-Antonin-Politics-Disruption/dp/0300228643/ref=sr_1_1?ie=UTF8&qid=1516904231&sr=8-1&keywords=richard+l.+hasen>, is March 20, but Amazon is starting to ship books this week.

Here are two events I have today:

Mar. 5 NYC lunch conversation with Kate Shaw<https://www.eventbrite.com/e/judging-scalia-richard-l-hasen-author-of-the-justice-of-contradictions-in-conversation-with-tickets-43096439611> (Cardozo Law)

Mar. 5 NYC 6:30 pm conversation with Joan Biskupic<https://www.brennancenter.org/event/rick-hasen-and-joan-biskupic-complex-legacy-justice-antonin-scalia> (Brennan Center at NYU)

Looking forward to seeing some ELB readers!
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97976&title=Two%20Events%20Today%2C%20One%20at%20Cardozo%20Law%20with%20Kate%20Shaw%20and%20One%20at%20Brennan%20Center%20with%20Joan%20Biskupic%2C%20on%20My%20New%20Scalia%20Book>
Posted in Scalia<http://electionlawblog.org/?cat=123>, Supreme Court<http://electionlawblog.org/?cat=29>

Big Week Ahead in Pennsylvania Congressional Redistricting Litigation<http://electionlawblog.org/?p=97974>
Posted on March 5, 2018 6:56 am<http://electionlawblog.org/?p=97974> by Rick Hasen<http://electionlawblog.org/?author=3>

Today at 3, supporters of the Pennsylvania Supreme Court order curing the partisan gerrymander in the state’s congressional districts will file their opposition to the Pa. Republican legislators emergency motion with Justice Alito<http://electionlawblog.org/?p=97771> to stay the Pa court order. That means we are likely to hear something mid-week from Justice Alito or from the entire Supreme Court.

And on Friday, a three-judge federal court will hold a hearing<http://electionlawblog.org/?p=97729> on the challengers’ request for a preliminary injunction, a hearing which will likely let us know how seriously this court will take these issues.

I’ve explained why both of these attempts are big longshots. <http://electionlawblog.org/?p=97664> And now that filing has been open for about a week under the NEW district lines, the equities make it an even longer shot.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97974&title=Big%20Week%20Ahead%20in%20Pennsylvania%20Congressional%20Redistricting%20Litigation>
Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>

“Trump’s Voter Fraud Czar, And His Claims About Illegal Voting, Are About To Go On Trial”<http://electionlawblog.org/?p=97972>
Posted on March 5, 2018 6:50 am<http://electionlawblog.org/?p=97972> by Rick Hasen<http://electionlawblog.org/?author=3>

Sam Levine<https://www.huffingtonpost.com/entry/kris-kobach-trial-voting-rights_us_5a9a072fe4b0a0ba4ad37328> for HuffPo.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97972&title=%E2%80%9CTrump%E2%80%99s%20Voter%20Fraud%20Czar%2C%20And%20His%20Claims%20About%20Illegal%20Voting%2C%20Are%20About%20To%20Go%20On%20Trial%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, NVRA (motor voter)<http://electionlawblog.org/?cat=33>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Companies court lawmakers with charitable giving, but don’t always disclose the funds”<http://electionlawblog.org/?p=97970>
Posted on March 5, 2018 6:45 am<http://electionlawblog.org/?p=97970> by Rick Hasen<http://electionlawblog.org/?author=3>

CPI: <https://www.publicintegrity.org/2018/03/05/21585/companies-court-lawmakers-charitable-giving-dont-always-disclose-funds>

By law, corporations and organizations that lobby the federal government must disclose<https://lobbyingdisclosure.house.gov/ldaguidance.pdf> certain charitable contributions to nonprofits, including ones such as the Orrin G. Hatch Foundation that are intimately tied to lawmakers. They also must disclose spending to “honor” lawmakers and high-level executive branch officials if the spending meets certain criteria.

But a Center for Public Integrity<https://www.publicintegrity.org/politics> analysis found more than 20 companies and trade associations that have failed to disclose payments made to nonprofit groups aligned with government officials or aimed at honoring lawmakers they may want to influence. In every instance, other companies disclosed payments linked to the same events, though varying circumstances and exceptions to federal rules allow some omissions.

Nevertheless, so far, two companies and trade associations acknowledged not properly disclosing their payments and are amending their disclosures in response to inquiries from the Center for Public Integrity.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97970&title=%E2%80%9CCompanies%20court%20lawmakers%20with%20charitable%20giving%2C%20but%20don%E2%80%99t%20always%20disclose%20the%20funds%E2%80%9D>
Posted in lobbying<http://electionlawblog.org/?cat=28>

“A Voice in the Wilderness: John Paul Stevens, Election Law, and a Theory of Impartial Governance”<http://electionlawblog.org/?p=97968>
Posted on March 5, 2018 6:39 am<http://electionlawblog.org/?p=97968> by Rick Hasen<http://electionlawblog.org/?author=3>

Cody Barnett and Josh Douglas have written this draft<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3134212> (forthcoming, William and Mary Law Review). Here is the abstract:

Justice John Paul Stevens turns 98 years old in April 2018. How should we remember his legacy on the Supreme Court? This Article places his legacy within his election law jurisprudence. Specifically, Justice Stevens provided a consistent theory, which we term “impartial governance,” that has had a lasting impact on the field. This theory undergirds Justice Stevens’s creation of the important Anderson-Burdick-Crawford balancing test that all federal courts now use to construe the constitutionality of laws that impact the right to vote, such as voter ID laws. It is part of his important opinions on redistricting, which are now gaining steam in the current debate over partisan gerrymandering. It animates his opinions on campaign finance law. And it explains his dissent in Bush v. Gore, arguably the most controversial case to reach the Court. Impartial governance surely stems from Justice Stevens’s own personal history, where he witnessed his father deal with the criminal justice system, clerked for liberal Justice Wiley Rutledge, and served as a moderate Republican battling corrupt Chicago political machines. This Article recounts that history and highlights how it impacted his election law jurisprudence, with an Appendix summarizing each of Justice Stevens’s sixty-seven election law opinions. As we reflect on his life and career, these insights into Justice Stevens’s impartial governance theory of election law will help scholars, the media, and the public understand his enduring legacy.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97968&title=%E2%80%9CA%20Voice%20in%20the%20Wilderness%3A%20John%20Paul%20Stevens%2C%20Election%20Law%2C%20and%20a%20Theory%20of%20Impartial%20Governance%E2%80%9D>
Posted in Supreme Court<http://electionlawblog.org/?cat=29>

“Cuomo Changes Rationale for Accepting His Appointees’ Donations”<http://electionlawblog.org/?p=97966>
Posted on March 5, 2018 6:37 am<http://electionlawblog.org/?p=97966> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT:<https://mobile.nytimes.com/2018/03/02/nyregion/cuomo-new-york-donors.html?rref=collection%2Fsectioncollection%2Fnyregion&action=click&contentCollection=nyregion%C2%AEion=stream&module=stream_unit&version=latest&contentPlacement=21&pgtype=sectionfront&referer=https://www.nytimes.com/section/nyregion?hpw&rref&action=click&pgtype=Homepage&module=well-region%C2%AEion=bottom-well&WT.nav=bottom-well>

Gov. Andrew M. Cuomo’s administration is reinterpreting its reinterpretation.

In the five days since The New York Times reported<https://www.nytimes.com/2018/02/24/nyregion/cuomo-fund-raising-ethics-appointees.html> that Mr. Cuomo had construed an executive order to enable himself to collect roughly $890,000 in campaign money from his appointees to state boards, the administration has insisted the order was never meant to apply to most board appointees.

But its rationale, as well as its reading of the executive order, seems to be shifting.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97966&title=%E2%80%9CCuomo%20Changes%20Rationale%20for%20Accepting%20His%20Appointees%E2%80%99%20Donations%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, conflict of interest laws<http://electionlawblog.org/?cat=20>

“Kansas voting rights trial has national implications”<http://electionlawblog.org/?p=97964>
Posted on March 3, 2018 5:59 pm<http://electionlawblog.org/?p=97964> by Rick Hasen<http://electionlawblog.org/?author=3>

AP reports.<https://www.pbs.org/newshour/politics/kansas-voting-rights-trial-has-national-implications>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97964&title=%E2%80%9CKansas%20voting%20rights%20trial%20has%20national%20implications%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

Oral Argument Audio Now Available in SCOTUS Minnesota Political Apparel Case<http://electionlawblog.org/?p=97962>
Posted on March 3, 2018 5:57 pm<http://electionlawblog.org/?p=97962> by Rick Hasen<http://electionlawblog.org/?author=3>

Listen.<https://www.oyez.org/cases/2017/16-1435>

[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97962&title=Oral%20Argument%20Audio%20Now%20Available%20in%20SCOTUS%20Minnesota%20Political%20Apparel%20Case>
Posted in campaigns<http://electionlawblog.org/?cat=59>, Supreme Court<http://electionlawblog.org/?cat=29>

--
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/>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180305/6e3ba9b1/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180305/6e3ba9b1/attachment.png>