Electionlawblog news and commentary 7/10/06

"Political Portents: Latest Supreme Court rulings on election law may foreshadow a far more conservative approach."

I have written this commentary for Legal Times (free access). It begins:

The nine justices issued a staggering 12 opinions in the two cases, leaving even seasoned election-law scholars scratching their heads over the intricacies of the opinions.

My aim here is to make some sense of the rulings and to consider what they portend for the future of political regulation in the United States. In short, these opinions show a Supreme Court in transition, and there are warning signs that the new Roberts Court could take a much more conservative approach to the law of politics than the Rehnquist Court did.

"Political Reform: There's a Way, but There Might Not Be a Will"

George Skelton offers this LA Times column. A snippet: "[In the California State assembly, Assembly Speaker Fabian] Nunez had hoped to couple redistricting reform with a bipartisan measure loosening term limits-- perhaps reducing the total years allowed from 14 to 12, but permitting all to be served in one house. He has about given up, however. It doesn't poll well, he says. 'Voters think we're up to something.' Without term limit flexibility as a sweetener, it's not likely that Assembly Democrats will surrender the right to shape their own districts." The article also mentions the public finanacing initiative sponsored by the California Nurses Association, which has qualified to be on the November ballot. [Disclosure: I am consulting for the CNA on this measure.]

"Democrats seek to curb attack ads"

The Boston Globe offers this report, which begins: "The state Democratic Party has created a four-member panel, headed by former governor Michael S. Dukakis, that will review campaign advertisements and publicly rebuke candidates who use negative attacks." Thanks to Luke McLoughlin for the pointer.

"Mexico's Bush v. Gore Moment: Hire Lawyers--And Caterers"

Benjamin Ginsberg has written this Washington Post Outlook piece. See also Don't Take the High Road by Ron Klain.

"Yes on Bilingual Ballots"

The Washington Post offers this editorial.

"Guest Editorial: Voting Rights Peril No Longer A Hoax"

Earl Ofari Hutchinson has written this column for the Chicago Defender.

"Editorial: Call a truce: Congress should rein in gerrymandering"

The Sacramento Bee offers this editorial.

A Blessing and a Curse?"

Eliza Newlin Carney's latest Rules of the Game column (National Journal, free access to column) discusses the Vermont and Texas cases.

Posted by Rick Hasen at 08:13 AM

"Georgians at center in voting rights debate"

The Atlanta Journal Constitution offers this report on VRA renewal.

Analysis of the District Court Decision on Tom DeLay's Candidacy

UPDATE: Richard Winger suggests on the election law listserv a possible third option: the (GOP-dominated) Texas Legislature changes the rules regarding replacement of a candidate who withdraws from the race. That could work, though perhaps a court would not allow that to be applied retroactively (if it is indeed considered retroactive) to DeLay's case. I'm also debating the legal issues with Brad Smith on the listserv. Follow this thread.

-- 
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
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