| Subject: Electionlawblog news and commentary 4/21/06 |
| From: Rick Hasen |
| Date: 4/21/2006, 7:52 AM |
| To: election-law |
These words appear in this decision issued by the Sixth Circuit in Stewart v. Blackwell. By a 2-1 vote, the appellate court reversed the district court and held that the selective use of punch card ballots in some Ohio counties but not others violates the Equal Protection Clause under Bush v. Gore. It remanded to consider further the section 2 of the Voting Rights Act claims. While it is always nice to have one's law review articles discussed by the courts (that is, after all, one of my main audiences when writing), the dispute between the majority and the dissent over how to best read my conclusions is more heated than I have ever seen.
I hope to post more (perhaps not today, as I have other commitments)
when I have had a chance to read this more closely. Congratulations to Dan Tokaji, one of
the lawyers for the plaintiffs. And thanks to Howard Bashman for the link,
writing from his blog's new
address at law.com.
The best news for readers of this blog from this
press release is that, for a limited time, ELJ 5:2 can be accessed
electronically without a paid subscription. You can find the issue here. Take a look
around at the issue, then subscribe (or ask your library to subscribe)!
In Newport Beach, they are still wondering
about the effects of Padilla, despite the grant of en
banc rehearing which wipes the precedent off the books. Meanwhile,
the Whittier Daily Newsreports Rosemead
Recall Has New Legal Life.
The Ventura County Star offers this
report, whibh begins: "SACRAMENTO -- A measure inspired by Rep.
Elton Gallegly's aborted attempt to retire last month passed its first
test in the Legislature this week, winning bipartisan support in the
Senate Elections Committee. The bill, SB1258 by Sen. Jim Battin, R-La
Quinta, would require the candidate-filing period for congressional
office be extended by five days in situations in which the incumbent
decides not to seek re-election."
The Atlanta Journal-Constitution offers this
report, which begins: " The U.S. Justice Department approved a
Republican-drawn redistricting plan late Thursday that changes state
Senate boundaries in the counties surrounding Athens." See also Athens
representative trying to block Republican map change. Meanwhile, in
other Georgia voting rights news, the American Center for Voting Rights
has filed this
letter supporting preclearance of the Georgia voter i.d. law. It
relies upon the recent controversial district court decision upholding
Indiana's voter identification law. (Meanwhile, People for the American
Way has now criticized
the activities of ACVR.)
Here
is the latest in disputes over the administration of Portland's public
financing scheme. Thanks to Greg Howe for the pointer.
Following up on this post
about a debate between Gerry Hebert and Bob Bauer on Jim Bopp's tactics
in the Maine campaign finance case, Gerry responds here
and Bob replies here.
Also, yesterday I noted Bob's criticism of the amicus memorandum filed
in support of the FEC in this case for its failure to cite to the
Supreme Court's recent decision in WRTL. That memorandum is now
available here.
-- 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