"One Person, One Filibuster? Judge Alito's Controversial Comment on a Supreme Court Voting Rights Case"

Findlaw has posted my commentary based upon Judge Alito's questioning of the Warren Court reapportionment decisions of the 1960s. A snippet:

In light of all the different criticisms that might be - and have been - made of "one person, one vote," it is hard to know what to make of Judge Alito's 1985 comment. So the Senate ought to ask him a series of follow-up questions to figure that out.

Senators should begin by asking whether Alito still holds that view. Another question (relevant in many contexts besides election law) should be how strong his respect for precedent is: If he does disagree with decisions, how quickly would he vote to overturn them?

Most importantly, Senators should probe whether Alito questions the Court's reasoning, its strict equal population remedy, or both.

Perhaps he agrees that Court intervention was necessary to end the practice of grossly malapportioned districts, but also believes the Court's strict one person, one vote principle went too far in remedying that problem, and that mild deviations from "one person, one vote" might be acceptable.

This view, depending on how Alito expresses it, likely would allay fears of some Senators about whether Alito's views are outside the mainstream on this issue.

But perhaps, as Senator Biden suggests, Judge Alito would prefer to return to the days where state legislatures could restore malapportioned districts--potentially leading to the biggest power grab through redistricting that we likely would see in our lifetimes.

That view is far from the mainstream, and would offer a principled basis for Senators to oppose Judge Alito's confirmation, and perhaps even filibuster his nomination.

"Specter's Letter to Gonzales on Civil Rights Enforcement"

Dan Tokaji has posted this letter from Sen. Alren Specter to Attorney General Alberto Gonzales regarding enforcement of civil rights by the DOJ. Dan offers this commentary on the letter as well.

"Start over on voter law"

The Atlanta Journal-Constitution offers this editorial, which begins: "After a federal judge suspended Georgia's new voter identification law on grounds that it probably violated the voting rights of black citizens, and after the embarrassing release of a Justice Department memo indicating the Legislature had given little thought to the potential impact of the measure, Republican leadership in the state Senate finally seems willing to revisit the law."

"Voting rights"

The Baltimore Sun offers this editorial, which begins: "JACK KEMP, the former housing secretary and onetime Republican vice presidential candidate, raised eyebrows last month when he urged Congressional lawmakers to require states to restore voting privileges to former felons, an issue not traditionally supported by Republicans."

"Enact This Campaign Reform"

The Hartford Courant offers this editorial. See also this news report, "Reform Proposal Heading for Vote."

"Mayor West's future is shaky"

Joshua Spivak has written this Seattle Times oped, which begins: "SPOKANE voters have the chance to join a growing number of cities throughout the country in a newly invigorated tradition --- ousting an elected leader by recall."

-- 
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