Subject: Electionlawblog news and commentary 3/2/06 |
From: Rick Hasen |
Date: 3/2/2006, 8:06 AM |
To: election-law |
The Oakland Tribune offers this
report.
Gary Andres offers this
commentary in the Washington Times. It begins: "Congress
may be in for some surprises if it tries to alter lobbying and ethics
rules without considering how these changes affect campaign finance and
elections. Bifurcating these issues may make sense as a tactic to ease
the passage of legislation, but history suggests separating rules
related to "petitioning the government" from elections is easier said
than done. That's because lobbying, ethics, and campaign reform share
two real-world common denominators -- unintended consequences and
inter-relatedness. Like the water balloon of American politics,
squeezing First Amendment practices doesn't make them disappear; they
just pop out somewhere else."
Roll Call offers this
very interesting report (paid subscription required) about Rep.
Sensenbrenner's role in bringing the VRA renewal bill through the House.
See this
report from the Clarion-Ledger. Thanks to Steve Rankin for
the link.
From all of the articles and reports below, what is likely to happen in the Texas redistricting cases? No one knows for sure, but it appears from oral argument comments the following is the most likely scenario:
1. No majority to find a partisan gerrymander (under equal protection,
First Amendment, or any other clause of the Constitution) ---apparently
this leaves Vieth in place, because it does not appear that Justice
Kennedy was signalling he's ready to vote for nonjusticiablity
2. No majority to hold that mid-decade redistricting violates one
person, one vote because of the failure to use updated census data
3. No majority to find a Shaw violation (maybe that gets only Justice
Kennedy's vote)
4. A possible majority to hold that one or two districts violates
section 2 of the Voting Rights Act, but no majority to hold that
coalitional or influence disticts count for section 2 purposes (and a
possible majority to affirmatively reject that stand).
Here are the reports I've seen:
New
York Times
Wall
Street Journal
Washington
Post (and this
Dana Milbank column reporting that Justice Ginburg napped during 15
minutes of the 2 hour afternoon argument)
Los
Angeles Times
USA
Today
Texas newspapers: here,
here,
here,
and here
Dahlia Lithwick (Slate)
Law.com
Roll Call
(which seemed to believe a statement by Justice Scalia was made by
Justice Kennedy)
Ned
Foley (on the claims involving districts 23, 24, 25)
Brad
Smith (at the electronic roundable)
Bob
Bauer (on the Texas and Vermont cases and political competition)
My earlier
roundup of oral argument reports, including this
report from Lyle Denniston
-- Rick Hasen William H. Hannon Distinguished Professor of Law Loyola Law School 919 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