| Subject: [EL] Bopp emergency stay request/more news |
| From: Rick Hasen |
| Date: 10/8/2010, 3:25 PM |
| To: Election Law |
Reply-to: "rick.hasen@lls.edu" |
Following up on this
post, the Family PAC has now sought an
emergency stay of the Ninth Circuit's stay of the district
court's order. There's a press release at the top of the James
Madison Center's website
(no direct link), which quotes Jim Bopp as follows: "I I feel
like my client is Goldilocks...its always too early or too late
to protect my client's right to speak. But when the First
Amendment is involved, the time is always just right for the
court to step in to protect them. The courts must do more to
protect First Amendment rights from government encroachment."
The docket is here,
and I understand the Court has now asked the state of Washington
to respond by noon Monday.
The Washington Post offers this
report. More from Joe
Hall.
Allison Hayward has written this
oped.
The Brennan Center has issued this
press release.
This one from Wisconsin. As in Farrakhan
v. Gregoire, the main argument is that the state's felony
disenfranchisement law violates Section 2 of the VRA. But unlike
Farrakhan and the other federal circuit court cases to
have addressed the question, the Wisconsin case arises from a
criminal prosecution for allegedly voting in violation of the
state's law. You can find Defendants' brief in State v.
Henderson/Maclin here
and the State's brief here.
The circuit court judge appears to be taking the argument very
seriously.
-- 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