"Obama prepared to dust off veto pen should GOP take the House"

The Hill offers this report.

Lyle on the Cert Denial in SpeechNow

Here (near the bottom).

"No Middle Ground? Reflections on the Citizens United Decision"

Randall Bezanson has posted this draft (forthcoming, Iowa Law Review) on SSRN. Here is the abstract:

My interest in this brief essay is to explore precisely what the Court decided in Citizen's United and the constitutional basis upon which the decision rests. I will turn first to the Kennedy opinion, its broad holding that corporations are first amendment speakers, its logical consequences, and the analytical problems under the First Amendment and Supreme Court doctrine that Kennedy basically ignored. I will then turn to the Scalia opinion and its significance for first amendment theory and doctrine. Finally, I will make the claim that Justice Scalia's opinion is, for analytical purposes, the governing opinion. At least this is so on all of the "holdings" in the Court's opinion that Justice Kennedy's style of decision unnecessarily (in terms of Justice Scalia's reasoning) reached out to announce. These broad holdings are the very basis upon which the controversy about the decision has rested.

The Aprill Blog Post---in PDF

Following up on this post: People who cannot open Microsoft Word 2007 "docx" documents have not been able to read the full version of Professor Aprill's guest post on 501(c)4s, the gift tax, and election law. Here's the pdf version.

From Ice Cream to Tacos

Where to eat for free tomorrow?

"Election Fraud Charges Swirl Even Before Election Day"

ABC News has posted this report.

"More Voting Headaches Ahead?"

Eliza's latest (sorry, the free pass-through link is not working).

"Millions of 'Super PAC' dollars flow through Tampa and into races nationwide"

The Florida Independent offers this report.

"The Battle of Harris County: A firsthand look at early voting in Houston"

The cover story of the Texas Observer.

Hell Freezes Over Dept.

I just sent in my Politico Arena entry this morning (on the question of voter fraud and voter intimidation) reading that "Brad Smith is absolutely right."

"Law and lobbying firms pump millions of dollars into midterm campaigns"

The Washington Post offers this report.

"Voter Fraud Hysteria"

Tova Wang has written this Politico oped.

"Time for Redistricting Reform"

The Washington Post offers this editorial.

Wash Post/ABC News Poll Asks About Disclosure

See question 32 here: "On another subject, how important is it to you to know who pays for campaign advertisements - very important, somewhat important, not so important or not important at all?" 75 percent of registered voters said it was "very" (45) or "somewhat" (30) important to know, compared to 24 percent who said it was "not so" (12) or "not at all" (12) important. The Fix provides some fascinating cross-tab information, including information on the attitude of younger voters toward disclosure.

Breaking News: Cert Denied in SpeechNow Case

Following up on my post from last night, you can find the Order List here. The case is listed as 10-145, Keating v. FEC.

The reason I expected a cert. denial is that granting cert. would have sent a message that more about disclosure laws are up for grabs, even for those who face no fear of harassment. It would have let to more speculation about what would be constitutional in the disclosure area, during the many months when Congress, at least in theory, could try to fix the disclosure mess we are in now. In this atmosphere, I did not expect many on the Court to want to send that message. There were no listed dissents from the cert. denial.