Measuring How Little We Know About Judge Alito's Views of Election Law

Yesterday the Alliance for Justice issued a very large report (195 pdf pages) on Judge Alito's record in anticipation of the confirmation hearings. I was struck in browsing the report on how little we know about Judge Alito and election law. Page 57 of the report (page 60 pdf) briefly mentions the controversy over Judge Alito's 1985 remarks on the Warren Court's one person, one vote cases. Pages 86-87 discuss his vote in the only published Voting Rights Act case he participated in. In addition, Richard Winger has written about the single ballot access decision written by Judge Alito (see also this letter from Winger to the Senate Judiciary Committee).

That's it. As I have explained, Justice O'Connor has been the swing vote in a large number of election law cases, and the future of campaign finance law and the Voting Rights Act could be in the hands of Judge Alito should he be confirmed. I continue to hope that these issues will get the attention of Judiciary Committee members as the hearings begin next week.

"Felon trustee-elect says he will resign"

The Riverside Press Enterprise offers this report.

"Judge deals blow to recall; Hearing to decide validity of petitions"

The fallout from Padilla v. Lever continues, with a judge temporarily blocking the Rosemead recall election from going forward on Voting Rights Act grounds. For background, see here.

"Another remap plan is offered; The details are different, but the idea still is to take redistricting out of lawmakers' hands."

The Sacramento Bee offers this report. Thanks to the Southern California Law Blog for the pointer.

"Bush Names Three to FEC by Recess Appointment; Campaign Finance Reformers Dismayed"

Roll Call offers this breaking news report (paid subscription required). A snippet: "Because Congress briefly convened Tuesday in a pro forma session, the commissioners appointed today will be able to serve until the end of the 2007 Congressional session. At that time they will then have to be confirmed by the full Senate and will be limited to one six-year term. Larry Noble, executive director and general counsel to the Center for Responsive Politics, a campaign finance watchdog, expressed concern at the changes, arguing that Thomas' exit left 'no more true defenders' of the Bipartisan Campaign Finance Reform Act on the panel."

Brad Smith, blogging at Division of Labour, is dismayed by the reformers' dismay. UPDATE: More dismay from James Sample writing Croines at the FEC for Tompaine.com.

"A Free-Speech Case Creates Unusual Allies"

Judy Sarasohn offers these thoughts in her Washington Post column on the WRTL case.

President Makes Recess Appointments to the FEC

See here:

Robert D. Lenhard, of Maryland, to be a Member of the Federal Election Commission.

Steven T. Walther, of Nevada, to be a Member of the Federal Election Commission.

Hans Von Spakovsky, of Georgia, to be a Member of the Federal Election Commission.

No mention here of Commissioner Mason's expected reappointment.

UPDATE: Brad Smith explains why a recess appointment of Commissioner Mason was unnecessary and could perhaps limit his tenure on the commission.

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