Subject: Electionlawblog news and commentary 7/22/06
From: Rick Hasen
Date: 7/22/2006, 10:07 AM
To: election-law

Bush v. Gore and Baseball

Justice Breyer told the AP:



"Courts more involved in election spats"

AP offers this report, which begins: "If it seems that the courts are more involved in settling election spats these days, it's not your imagination." The article references my study of post-Bush v. Gore litigation.


"Ruling Has Texans Puzzling Over Districts"

The NY Times offers this report.


"Democrats Argue to Keep DeLay on Ballot"

AP offers this report. If anyone has a copy of the brief (or a link), please send it along.

Stewart v. Blackwell En Banc

[UPDATE: AP confirms that the Sixth Circuit has agreed to rehear Stewart v. Blackwell en banc.] This is the case where a Sixth Circuit panel held that the selective use of punch card voting in Ohio counties violates the equal protection clause under Bush v. Gore. The earlier panel opinion is here. My earlier coverage of the case is here. The majority and dissent spent a great deal of time arguing over one of my law review articles (here) on the precedential value of Bush v. Gore.

This is a case that could eventually prove to be very important for determining how much precedential value Bush v. Gore will have in challenging various election law processes that could violate equal protection guarantees.

UPDATE 2: "The effect of the granting of a rehearing en banc shall be to vacate the previous opinion and judgment of this Court, to stay the mandate and to restore the case on the docket as a pending appeal." Sixth Circuit Rule 35(a).

Federalist Society Election Law Series Presentation on Public Financing of Campaigns

Details here on the July 26 event in DC featuring Michael McDonald, David Primo and Erik Jaffe.


"Follow the Law: Inappropriate efforts to influence federal appellate judges in DeLay ballot case taint judicial process"

The Houston Chronicle offers this editorial.

Redistricting Update from the Texas Attorney General"

See this press release, which includes the state's response to the plaintiffs' remedial proposals.

Also, check out Kimberly Reeves' article in the Austin Chronicle, "GOP Redistricting: Hosing down the ballot," which begins: "In the old-school bare-knuckle combat of partisan politics, the concept of Travis County without a Democratic congressman would be unthinkable."

UPDATE: You can find plaintiffs' responses, and other relevant documents, here.


 

-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
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rick.hasen@lls.edu
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