Will 9th Circuit rule today in ACLU punchcard suit? I would guess we
would see a ruling today or tomorrow, given the need for resolution of this
matter as quickly as possible, and the weekend period which would have allowed
the judges to draft an opinion (or opinions). [Disclosure: I filed a brief
supporting the ACLU in this case.]
"Some High Court Modesty is
in Order" This is the title of my
oped in today's Los Angeles Times. It begins:
At the Supreme Court a week ago, during oral arguments in the McCain-Feingold
campaign finance case, I was hanging on every word uttered by Chief Justice
William Rehnquist and Justice Sandra Day O'Connor. They are widely believed
to be the swing justices on a court that is divided on the constitutionality
of the campaign finance law's provisions regulating "soft money" and issue
advocacy.
Depending on how these justices vote, we could soon enter an era of deregulated
campaign finance spending in which corporations and unions can spend unlimited
sums on advertising that supports or opposes candidates for office, and corporations,
unions and wealthy individuals can effectively give any amount to political
parties to bankroll campaigns. Then again, they could vote to allow Congress,
via McCain-Feingold, to close loopholes in the existing system and create
stronger controls on the campaign finance system than we have seen in a generation.
How did it come to pass that a couple of justices can have so much control
over the regulation of U.S. politics? After all, the detailed ins and outs
of how to run elections simply aren't addressed in the Constitution. But
court intervention in this area is hardly novel. Since the 1960s, the court
has shown no inclination to stay out of politics.
"Controversial 9th Circuit
to Judge Recall" The Washington Times offers this
report.
"Democratic Senate Majority
Fund Slows Activity As Group Awaits Decision in BCRA Court Case" Roll
Call offers this report
(paid registration required).
"Buying a High-Priced Upgrade on the
Political Back-Scratching Circuit" Adam Cohen has this McCain-Feingold-related
oped.
Correction: The author of the University of Pennsylvania Journal of Constitutional
Law article on anonymous campaign speech was misspelled in yesteday's
post. It is William McGeveran.
--
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