Subject: Electionlawblog news and commentary 5/18/06 |
From: Rick Hasen |
Date: 5/18/2006, 8:15 AM |
To: election-law |
Monterey County Weekly offers this
report related to Padilla v. Lever litigation in Monterey
County. Yesterday, Michael D. DeLapa and Gary A. Patton had an oped on
the same subject in the Sacramento Bee, but for some reason
there is no link to it on the Bee's website.
Howard Bashman has the details
about the opinion written by Judge Michael McConnell.
Lisa Danetz has this post on Demos's Democracy Dispatches blog. It begins: "This past Friday, May 12, 2006, Demos' new collaboration partner -- NVRI -- along with the Lawyers' Committee for Civil Rights Under Law, Project Vote, and Dechert LLP, sent a Notice Letter to Secretary of State Ken Blackwell on behalf of Ohio ACORN, notifying Blackwell of Ohio's widespread non-compliance with the public assistance provisions of the National Voter Registration Act. The letter is intended to provide the Secretary of State with a final opportunity to bring Ohio into compliance before the initiation of litigation to enforce the law. You can access the letter here."
The Rapid City Journal offers this
report. AP also offers Voting
Rights Act up for renewal again.
Thomas Stratman and J. Aparicio-Castillo have published this article in
Public Choice (subscribers only, but the working paper version
is here).
Here is the abstract:
Dan Tokaji has this
informative post on his Equal Vote blog.
To date, everyone's focus has been Congress, Congress, and yet more Congress. Are the votes there to pass an extension? What will the legislation that Congress passes look like? Will Congress create a good enough record to satisfy the Supreme Court's congruence and proportionality review?
Yet the last time I checked, we still have a President and we also still have a Constitution (although after all this wire-tapping stuff, the former statement is probably more accurate than the latter). This being the situation, we should remember that the Constitution requires Congress to present whatever legislation it passes to the President for his signature.
So why worry about the President? After all, he is incredibly weak, with approval ratings hovering around the freezing point. And he vetoes, quite literally, nothing. And he's on record as saying he supports an extension of the Voting Rights Act. Not so fearless prediction: the President will sign whatever Congress sends him.
But what about the President's infamous signing statements? What will the signing statement for the extension, if any, say? Would a signing statement matter as to how Republican Administrations enforce the Act? Would it matter to the Supreme Court's determination of the constitutionality of the Act? Should civil rights groups be lobbying the President regarding the content of his signing statement (or lobbying him not to issue any signing statement at all)? Are they already doing this?
Is any discussion of the President in the context of the extension, truly, academic?
--Mike Pitts
The National Law Journal offers this
report (paid subscription required).
To keep the guest
blogging forum on VRA renewal
manageable, I've limited it to law professors who have written about
voting rights issues. But there's some interesting commentary coming
over the Election law listserv from others, including political
scientists and voting rights attorneys. From time to time, I'll provide
links to their listserv postings. Here is the first one:
David Epstein has posted
"Three papers on Georgia v. Ashcroft VRA Renewal."
UPDATE: Voting rghts attorney Mark Posner offers these
thoughts on section 5 renewal, including a response to Mike Pitts'
earlier posts on the blog.
David Epstein writes The
Politics of Renewal.
Partisan gerrymandering junkies know the name Robert Jubelirer from
the Supreme Court's recent Vieth v. Jubelirer case. Mr.
Jubelirer, President Pro Tem of the Pa. Senate, lost
the primary yesterday to a more conservative opponent, apparently out
of voter anger over a legislative pay raise.
-- 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