[EL] Sixth Circuit opinion staying injunction against Michigan voter-transportation restriction
Eric J Segall
esegall at gsu.edu
Thu Oct 22 11:06:23 PDT 2020
Judge Boggs is a member of this list and I respect him very much. I agree with his standing analysis. But on the merits, he says, "the kind of state regulations contemplated as preempted likely do not include restrictions on selling alcohol on election day, treating voters to coffee, and transporting voters to the polls"
The third of those three hardly seems similar to the first two and suggests a possible minimizing of the need to help people vote as opposed to potential for fraud.
Moreover, and this is not about Judge Boggs, the contrast between the judicial disregarding in campaign finance cases of all kinds of corruption (like Montana showed) and the acceptance of voter fraud interests in voting cases despite almost no evidence, is striking and just shows how corporate rights to spend money is much more important to the federal judiciary at this point in time then the right of individuals to vote.
Best,
Eric
________________________________
From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of Pamela S Karlan <pkarlan at stanford.edu>
Sent: Thursday, October 22, 2020 1:43 PM
To: Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] Sixth Circuit opinion staying injunction against Michigan voter-transportation restriction
Link to the opinion: https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0336p-06.pdf<https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.opn.ca6.uscourts.gov%2Fopinions.pdf%2F20a0336p-06.pdf&data=04%7C01%7Cesegall%40gsu.edu%7Caa3645c53b9c46c014bc08d876b20cff%7C515ad73d8d5e4169895c9789dc742a70%7C0%7C0%7C637389854802385913%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=BOHDcZI7A2nue1bazSlv9jIzDpBofjC%2BoVz6LW9CHoc%3D&reserved=0>
Pamela S. Karlan
Kenneth and Harle Montgomery Professor of Public Interest Law
Co-Director, Supreme Court Litigation Clinic
Stanford Law School
karlan at stanford.edu
650-725-4851
________________________________
From: Pamela S Karlan <pkarlan at stanford.edu>
Sent: Thursday, October 22, 2020 8:54 AM
To: Election Law Listserv <law-election at uci.edu>
Subject: Sixth Circuit opinion staying injunction against Michigan voter-transportation restriction
Here. 2-1, with important discussions of legislative standing and FECA preemption.
Pamela S. Karlan
Kenneth and Harle Montgomery Professor of Public Interest Law
Co-Director, Supreme Court Litigation Clinic
Stanford Law School
karlan at stanford.edu
650-725-4851
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