Subject: Republicans Challenge Colorado Supreme Court redistricting decision in federal district court
From: Rick Hasen
Date: 12/5/2003, 9:51 AM
To: "elect >> \"election-law@majordomo.lls.edu\"" <election-law@majordomo.lls.edu>
Reply-to:
rick.hasen@mail.lls.edu

See this Denver Post report. (Thanks again to Rob Witwer for keeping me up-to-date on this topic.)

I would like more information about the federal claim. I wonder the extent to which the argument is one based on Article I, Section 4 of the Constitution, giving the state legislature the right to determine the rules for conducting federal elections. If that is indeed the argument, then I wonder why the proper step is not a petition from the Colorado Supreme Court to the United States Supreme Court. This would be much like the Article II argument that made its way from the Florida Supreme Court to the U.S. Supreme Court in Bush v.
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Professor Rick Hasen
Loyola Law School
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