"Democrats and Labor Get Redistricting Vote on Ohio Ballot"

The New York Times offers this report.

Justice Blackmun in Praise of Judicially Unmanageable Standards

As many readers of this blog know, I have argued that in certain circumstances, it makes sense for the Supreme Court to announce murky (or judicially unmanageable) standards when creating new election rules. Such rules, among other things, give the Court flexibility in crafting the best constitutional constraints on election laws.

This past weekend I was at the Library of Congress looking over some of Justice Blackmun's papers in election law cases. I was particularly interested in the Munro papers, because that case figures prominently in an article I am writing. In any case, I came across this memorandum from Blackmun law clerk (and now Georgetown professor) Chai Feldblum to the Justice, noting some problems with Justice White's draft opinion in Munro. Feldblum recommended some changes to clarify Justice White's draft.

At the bottom of the memorandum in pencil (this may be hard to see on the pdf), Justice Blackmun had written "It may be best to leave it somewhat messy."

Commissioner Thomas Dissent in Berman-Doolittle Case

You can find it here.

New Ninth Circuit Election Law Case

Yesterday the Ninth Circuit decided Caruso v. Yamhill County, upholding an Oregon requirement that ballot measures proposing local option taxes include a statement: "This measure may cause property taxes to increase more than three percent." The court rejected a First Amendment challenge, distinguishing both McIntyre and Cook v. Gralike. This is a very interesting case, given that the statement must be in the initiative itself, rather than part of any report from a legislative analyst.

EAC Commissions Creation of Major Election Law Database

Dan Tokaji has the details here.

In the Election Law Mailbag

I have just received a copy of Adam Raviv, "Unsafe Harbors: One Person, One Vote and Partisan Redistricting," 7 University of Pa. Journal of Constitutional Law 1001 (2005). I look forward to reading it.

Foley on a Voter I.D. Compromise

See here. The e-mail notice I received along with this comment notes: "With this installment, Election Law @ Moritz resumes its regularly scheduled series of Weekly Comments. As a new feature this academic year, from time to time we will post contributions from Guest Commentators. If you would like to submit a Guest Comment for our consideration, please email Laura Williams at electionlaw.osu.edu."

-- 
Rick Hasen 
William H. Hannon Distinguished Professor of Law
Loyola Law School 
919 Albany Street 
Los Angeles, CA  90015-1211 
(213)736-1466 - voice 
(213)380-3769 - fax 
rick.hasen@lls.edu 
http://www.lls.edu/academics/faculty/hasen.html 
http://electionlawblog.org