Is this the same Westmoreland that wrote me a very nice personal note when I turned 18 at the tail end of the Vietnam War?



Samuel Issacharoff
Reiss Professor of Constitutional Law
NYU School of Law
40 Washington Square South
New York, N.Y. 10012
(212) 998-6580
Fax: 212-995-4590
e-mail: si13@nyu.edu

>>> Rick Hasen <rick.hasen@lls.edu> 7/13/2006 6:04:44 PM >>>
I of course was not amused, though I can't say it was unexpected that Westmoreland would rely upon me and others who have voiced concern.  (My only consolation is that he butchered the pronunciation of Sam Issacharoff's name even worse than he did mine.)  As a matter of politics, I have virtually nothing in common with Rep. Westmoreland, and to me it is a shame that it took someone like him---and likely for the wrong reasons---to sponsor an amendment that I think would have strengthened the Act and that I think would have been supported by more proponents of the Act if doing so would not have unraveled "the deal." 

The debate, as expected, was also not serious, with Chairman Sensenbrenner stating that the provision would violate the "separation of powers."  (Of course it would not have, even if DOJ was given final authority for determining bailout; but a three-judge court, and not DOJ, would have made the ultimate determination of bail out eligibility under the amendment).  

I will now just worry that Justice Kennedy, the likely swing voter when VRA reauthorization ends up back before the Supreme Court, will look at the defeat of  the bailout amendment as evidence that Congress has not taken seriously its admonition in the new federalism cases and his voicing of concern over the use of raced based remedies in a series of cases culminating with LULAC.

I very much hope to be proven wrong about the Supreme Court.

Rick


David Becker wrote: st1\:*{behavior:url(#default#ieooui) }  GOP evenly split, only one Democrat voting for.  Over 300 overall voting against.Anyone watching the debate was no doubt amused at Westmoreland's constant references to our own Prof. Hasen, and constantly referring to him as a "liberal law professor".David J. BeckerSenior AttorneyPeople for the American Way Foundation2000 M Street, NW, Suite 400Washington, DC  20036(202) 467-2360 -- Direct(202) 293-2672 -- Faxdbecker@pfaw.org -- www.pfaw.org

-- Rick HasenWilliam H. Hannon Distinguished Professor of LawLoyola Law School919 South Albany StreetLos Angeles, CA  90015-0019(213)736-1466 - voice(213)380-3769 - faxrick.hasen@lls.eduhttp://www.lls.edu/academics/faculty/hasen.htmlhttp://electionlawblog.org

-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 South Albany Street
Los Angeles, CA  90015-0019
(213)736-1466 - voice
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org