I would be very interested in having list members who attend the oral
argument send reports to the list about the oral argument tomorrow. (I
will link to these reports on my blog as well.) I wonder how the
plaintiffs will handle the competition question if it comes up at oral
argument: Is there any reason to think that a partisan gerrymandering
test with teeth would do anything to foster competition rather than
create the conditions for bipartisan gerrymanders? Given my
long-ruinning debate with Issacharoff and Pildes over "structural"
election law arguments, I would love to hear a Justice ask the question
whether political competition is a constitutional value properly
considered by the Court.
Tomorrow could well be the day that the BCRA decision comes out as
well. So it could be a busy day for the list.
--
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://electionlawblog.org