Georgia v. Ashcroft: Which Supreme Court Will Blink First? The Atlanta Journal Constitution offers "Judges to Decide GOP Redistricting Challenge" about a new one person, one vote claim brought by Georgia Republicans against the Congressional redistricting. It also includes the following regarding the pending Georgia v. Ashcroft/Baker v. Purdue standoff:

The U.S. Supreme Court is expected to rule Thursday on a Georgia case that asks how much minority voting strength can be reduced without violating the Voting Rights Act.

If the justices rule in Georgia's favor, a previous state Senate map preferred by Democrats would replace the one now in effect. The current map was adopted after a three-judge panel in Washington rejected its predecessor.

The third matter is before the Georgia Supreme Court. That court is to decide whether Republican Gov. Sonny Perdue had the authority to force Baker, a Democrat, to drop the U.S. Supreme Court appeal.

Ten days after the U.S. Supreme Court agreed to take Georgia's redistricting case, Perdue ordered Baker to drop the appeal and, after Baker refused, eventually sued.

The state Supreme Court is scheduled to release rulings on Monday, but a decision could come as late as December.

Might the U.S. Supreme Court put its case off until next term, as some have suggested to me, to force the state's hand?

"'Millionaire's Amendment' Could Help Burr in Senate Race" A.P. offers this report out of North Carolina. See also this article from the Charlotte Observer.

"FCC fight helps energize Common Cause" See this oped at the Boston Globe.

Rehnquist retirement/BCRA again See this inaptly titled article from The Hill, which includes the following:

Edward Lazarus, author of Closed Chambers and a former Supreme Court clerk said:

“The fact that they took this campaign finance reform case and scheduled it for a September argument and that it engenders very strong feelings, one has to wonder whether the Chief [Justice William Rehnquist] … will step down."...

Carter Phillips, a Supreme Court practitioner at the Washington office of Sidley Austin Brown & Wood, said: “The tradition of the chief justice is to retire upon his replacement. But his replacement is not going to be ... [in office] by September” to hear the arguments in the campaign finance reform case.

If Rehnquist retired before hearing McConnell v. FEC, the court could split 4-4, and a tie reaffirms the lower court’s ruling without a written opinion.

“It’s an unacceptable outcome,” Phillips said.

Favorite quote from the Atlantic article Seth Gitell's "The Democratic Party Suicide Bill" from the July/August Atlantic still is not posted online. I picked up a copy at the newstand. Here's may favorte quote, from Joseph Sandler, DNC counsel, though speaking in a private capacity. "[H]e calls the law 'a fascist monstrosity.' ...'It is grossly offensive...and on a fundamental level it's horrible public policy, because it emasculates the parties to the benefit of narrow-focus special interest groups. And it is a disaster for the Democrats. Other than that, it's great.'"

-- 
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlaw.blogspot.com