[EL] ELB News and Commentary 3/4/19

Mon Mar 4 06:54:36 PST 2019

Holder Says He Won’t Run for President, Will Focus on Redistricting
<https://electionlawblog.org/?p=103900>
Posted on March 4, 2019 6:40 am <https://electionlawblog.org/?p=103900> by Dan
Tokaji <https://electionlawblog.org/?author=5>

WaPo op-ed
<https://www.washingtonpost.com/opinions/eric-holder-i-wont-run-but-i-will-fight-to-elect-the-right-democratic-president/2019/03/02/9aeeed56-3c47-11e9-aaae-69364b2ed137_story.html?noredirect=on&utm_term=.547864cdf4c8>
:

Though I will not run for president in 2020, I will continue to fight for
the future of our country through the National Democratic Redistricting
Committee <https://democraticredistricting.com/> and its affiliates. For
too long, Democrats have lost sight of the state and local races that shape
the day-to-day lives of the people we serve. With state legislatures set to
begin drawing new voting districts in 2021, what happens in those races
over the next two years will shape the next decade of our politics. Our
fight to end gerrymandering is about electing leaders who actually work for
the interests of the people they are supposed to represent. I will do
everything I can to ensure that the next Democratic president is not
hobbled by a House of Representatives pulled to the extremes by members
from gerrymandered districts.

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Posted in redistricting <https://electionlawblog.org/?cat=6>
“Hiding in Plain Sight: PAC-Connected Activists Set Up ‘Local News’ Outlets”
<https://electionlawblog.org/?p=103898>
Posted on March 4, 2019 5:56 am <https://electionlawblog.org/?p=103898> by Dan
Tokaji <https://electionlawblog.org/?author=5>

Snopes
<https://www.snopes.com/news/2019/03/04/activists-setup-local-news-sites/>:

On 6 February 2017, a website of uncertain origin named “The Tennessee
Star” was born. At the time, it was unclear who funded or operated this
“local newspaper,” which was largely filled with freely licensed content
from organizations tied to conservative mega-donors. After some prodding
<https://www.politico.com/story/2018/04/30/breitbart-tennessee-fake-news-560670>
by Politico in
early 2018, the Tennessee Star revealed its primary architects to be three
Tea Party-connected conservative activists: Michael Patrick Leahy, Steve
Gill, and Christina Botteri.

Now, a Snopes investigation reveals in detail how these activists used the
appearance of local newspapers to promote messages paid for or supported by
outside or undisclosed interests….

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Posted in campaign finance <https://electionlawblog.org/?cat=10>, chicanery
<https://electionlawblog.org/?cat=12>
“Precedent, Meet Clarence Thomas. You May Not Get Along”
<https://electionlawblog.org/?p=103894>
Posted on March 4, 2019 3:59 am <https://electionlawblog.org/?p=103894> by Dan
Tokaji <https://electionlawblog.org/?author=5>

Adam Liptak
<https://www.nytimes.com/2019/03/04/us/politics/clarence-thomas-supreme-court-precedent.html>
:

According to data gathered by Stephen L. Wasby
<https://www.albany.edu/news/experts/8572.php>, an emeritus professor of
political science at the University at Albany, Justice Thomas has written
more than 250 concurring or dissenting opinions seriously questioning
precedents, calling for their reconsideration or suggesting that they be
overruled.

Almost one-third of the opinions concerned the rights of criminal
defendants, Professor Wasby found, while others called for a fresh look at
decisions on issues such as free speech, religion, voting, the separation
of powers and federalism.

Recent examples are Justice Thomas’s concurring opinions in Cooper v. Harris
<https://www.law.cornell.edu/supremecourt/text/15-1262#writing-15-1262_CONCUR_4>
 and Abbott v. Perez
<https://www.law.cornell.edu/supremecourt/text/17-586#writing-17-586_CONCUR_4>,
both of which assert that Section 2 of the Voting Rights Act does not apply
to redistricting.
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Posted in Supreme Court <https://electionlawblog.org/?cat=29>, Voting
Rights Act <https://electionlawblog.org/?cat=15>
“Key House Democrat Plans to Request Documents From Dozens of People Tied
to Trump” <https://electionlawblog.org/?p=103892>
Posted on March 4, 2019 3:45 am <https://electionlawblog.org/?p=103892> by Dan
Tokaji <https://electionlawblog.org/?author=5>

NYT
<https://www.nytimes.com/2019/03/03/us/politics/trump-obstruction-investigation.html>
:

Representative Jerrold Nadler, the chairman of the House Judiciary
Committee, said Sunday that he planned to request documents from more than
60 people with ties to President Trump, his administration and his
businesses, including the president’s eldest son, Donald Trump Jr., as part
of the committee’s investigation of the president….

Mr. Nadler said Mr. Cohen “directly implicated the president in various
crimes, both while seeking the office of president and while in the White
House,” singling out as a particular concern Mr. Cohen’s claim that he was
reimbursed for hush money payments to keep quiet Mr. Trump’s affairs.

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Posted in campaign finance <https://electionlawblog.org/?cat=10>
“Campaign finance reformers call on Inslee to disavow 2020 super PAC”
<https://electionlawblog.org/?p=103889>
Posted on March 4, 2019 3:38 am <https://electionlawblog.org/?p=103889> by Dan
Tokaji <https://electionlawblog.org/?author=5>

Politico
<https://www.politico.com/story/2019/03/04/jay-inslee-super-pac-1200726>:

The letter to Inslee, sent by the group End Citizens United, warns that
super PACs founded to support a single candidate are “designed to serve as
an arm of the campaign” and are frequently used to exploit gray areas in
campaign finance law.

… “Often, politicians exploit loopholes in the law to find ways to
coordinate with them, including sending their top political operatives to
run these super PACs.”

More on Gov. Inslee’s nascent campaign for president here
<https://www.seattletimes.com/seattle-news/politics/while-gov-jay-inslee-is-out-running-for-president-whos-running-the-state/>
.
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Posted in campaign finance <https://electionlawblog.org/?cat=10>
“NC Board of Elections to decide date of new District 9 election”
<https://electionlawblog.org/?p=103887>
Posted on March 4, 2019 3:31 am <https://electionlawblog.org/?p=103887> by Dan
Tokaji <https://electionlawblog.org/?author=5>

Meeting today
<https://www.wsoctv.com/news/local/nc-board-of-elections-to-decide-date-of-new-district-9-election/927030000>
.
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Posted in campaigns <https://electionlawblog.org/?cat=59>, chicanery
<https://electionlawblog.org/?cat=12>
“2020 hopefuls visit Selma for anniversary of ‘Bloody Sunday’ march”
<https://electionlawblog.org/?p=103885>
Posted on March 4, 2019 3:27 am <https://electionlawblog.org/?p=103885> by Dan
Tokaji <https://electionlawblog.org/?author=5>

The Hill reports
<https://thehill.com/homenews/campaign/432403-2020-hopefuls-visit-selma-to-commemorate-anniversary-of-bloody-sunday-march>
:

Several Democratic presidential hopefuls visited Selma, Ala., on Sunday to
commemorate the 54th anniversary of the “Bloody Sunday” civil rights march
in the city.

Sens. Bernie Sanders <https://thehill.com/people/bernie-sanders> (I-Vt.)
and Cory Booker <https://thehill.com/people/cory-booker> (D-N.J.), who have
each announced their 2020 candidacies, were among those in attendance for
services and a march to mark the anniversary. Sen. Sherrod Brown
<https://thehill.com/people/sherrod-brown> (D-Ohio), who is considering his
own White House bid, was also in attendance.

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Posted in Voting Rights Act <https://electionlawblog.org/?cat=15>
Rick Hasen, Raw Enemy Activist <https://electionlawblog.org/?p=103882>
Posted on March 3, 2019 7:08 pm <https://electionlawblog.org/?p=103882> by Dan
Tokaji <https://electionlawblog.org/?author=5>

<https://twitter.com/rickhasen>
Rick Hasen, raw enemy activist
✔@rickhasen
<https://twitter.com/rickhasen>
<https://twitter.com/rickhasen/status/1102380533013757953>

Next, maybe EAC Comm'r McCormick, who agreed to serve on the bogus
Pence-Kobach Commission, can avoid false statements like election
administration is an "area that ... constitutionally rests solely with the
states." Elections Clause gives Congress power to set fed elec rules.
Jessica Huseman
✔@JessicaHuseman

At last count, I’d asked EAC Chairwoman Christy McCormick or a spokesperson
14 times if she had rethought her initial denial that Russia intervened in
the 2016 election. Now in the Washington Times she finally admits she has.
https://www.washingtontimes.com/news/2019/mar/
3/despite-the-efforts-of-russia-and-others-no-hacker/ …
<https://twitter.com/JessicaHuseman/status/1102378941166338048>
63 <https://twitter.com/intent/like?tweet_id=1102380533013757953>
8:29 PM - Mar 3, 2019
<https://twitter.com/rickhasen/status/1102380533013757953>
Twitter Ads info and privacy <https://support.twitter.com/articles/20175256>

39 people are talking about this
<https://twitter.com/rickhasen/status/1102380533013757953>
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Posted in Uncategorized <https://electionlawblog.org/?cat=1>
“Doctors’ PACs Favored Candidates Opposing Gun Background Checks”
<https://electionlawblog.org/?p=103878>
Posted on March 3, 2019 12:13 pm <https://electionlawblog.org/?p=103878> by Dan
Tokaji <https://electionlawblog.org/?author=5>

WSJ
<https://www.wsj.com/articles/doctors-pacs-favored-candidates-opposing-gun-background-checks-11551621600?emailToken=25647462c946c05a6aac4eb23de73f69hp/eBsffdZj7tLCbo6JkwMcItbnR9k3rlj2kPfpVLxBqQz00SvGhm30RqS0AESfxjgo/qGB1gakfIpG4mfv02O4C8IQryo1UUnv7zptfl1PuehmvyF+qNVsCM04ULR12&reflink=article_email_share>:
” Political-action committees affiliated with doctors’ organizations
donated more money to congressional candidates who opposed tighter gun laws
than to those supporting them, according to a new study that has revived a
debate over what role physicians should play in the issue.”
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Posted in campaign finance <https://electionlawblog.org/?cat=10>
Sen. Jones calls on Congress to “put seem teeth back” in VRA
<https://electionlawblog.org/?p=103876>
Posted on March 3, 2019 12:08 pm <https://electionlawblog.org/?p=103876> by Dan
Tokaji <https://electionlawblog.org/?author=5>

Pointed remarks from Sen. Doug Jones (D-AL) on today’s Face the Nation
<https://www.cbsnews.com/news/doug-jones-on-face-the-nation-congress-should-put-some-teeth-back-in-the-voting-rights-act/?ftag=CNM-00-10aab7e&linkId=64296145>
:

Well, you know I think if you look at– carefully you have to look at the
state legislatures, governors and members of Congress that are Republicans.
For whatever reason they do not want African-Americans and other minorities
to vote. I assume rather than- rather than trying to get those votes, they
seem to want to restrict those votes. And I think that that’s incredibly
unfortunate. We need to have more dialogues in this country rather than
monologues and then we can do it about Voting Rights Act. We talk a good
game about everybody having the right to vote and a duty to vote. But at
the end of the day we seem to be working to try to restrict that and that’s
just wrong.

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Posted in Voting Rights Act <https://electionlawblog.org/?cat=15>, VRAA
<https://electionlawblog.org/?cat=81>
Daniel P. Tokaji
Associate Dean for Faculty | Ebersold Professor of Constitutional Law
The Ohio State University | Moritz College of Law
55 W. 12th Ave. | Columbus, OH 43210

614.292.6566 | tokaji.1 at osu.edu
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