Light Blogging Through Monday

I have some work travel commitments and other things which will keep me away from the computer until Monday.

"N.J. Supreme Court says tea party group cannot proceed with Sen. Robert Menendez recall effort"

NJ.com reports on this 4-2 decision of the New Jersey Supreme Court. There are 142 pages of decisions. The dissent ends: "Today is indeed a sad and dark day in the history of this Court. We cannot, and we will not, join in the unconstitutional disenfranchisement of New Jersey's citizens."

"Mapping the Future: GOP will draw map in Texas, but gaining seats difficult"

Wasn't it Justice O'Connor who called redistricting a self-limiting enterprise?

"High Court Look at Arizona Case Could Spark More Challenges to Public Campaign Funding"

BNA offers this report on McComish, which is on the Supreme Court's Nov. 23 calendar. I'm pretty confident we'll see a cert grant.

"Engineering the Endgame"

Ellen Katz has posted this draft on SSRN (forthcoming, Michigan Law Review). Here is the abstract:

This Article explores what happens to longstanding remedies for past racial discrimination as conditions change. It shows that Congress and the Supreme Court have responded quite differently to changed conditions when they evaluate such remedies. Congress has generally opted to stay the course, while the Court has been more inclined to view change as cause to terminate a remedy. The Article argues that these very different responses share a defining flaw, namely, they treat existing remedies as fixed until they are terminated. As a result, remedies are either scrapped prematurely or left stagnant despite dramatically changed conditions.

The Article seeks to map out a better response to changed conditions than the all or nothing options that presently define the debate. It argues that longstanding remedies should neither be terminated nor continued indefinitely, but instead should be adapted to better address changed circumstances. Specifically, the Article calls for a shift in remedial focus away from the effects of past discrimination to the local institutions that must deal with those effects most directly. It calls on courts, legislators and voters to adapt remedies so that they provide institutions of local governance with the skills and resources needed to operate fairly in an environment inexorably shaped by past discrimination.

"Cuomo Seeks Court's Help in Undecided Senate Races"

Here.

"You are Now Free to Speak About Politics"

That's Jacob Sullum's cover story in the December issue of Reason.

"Who Stole Election Day? Too many voters are making decisions when horse-race coverage dominates the news, attention to issues is limited, and key debates haven't taken place."

Eliot Cutler has written this WSJ oped.

"Will residency be the Rahmstopper? Emanuel twice purged from voter rolls"

John Kass as written this column for the Chicago Tribune.

"Vote count tight, messy in California attorney general race"

Southern California Public Radio reports. John Fund attacks the LA Registrar's handling of the counting.

"Junior Senators Promote Change to Filibuster Rules"

Roll Call offers this report, which begins: "Senate Democrats are struggling to build consensus on their filibuster reform goals, with the Caucus' junior members hosting a talk-a-thon to convince veterans to get on board."

"N.J. election watchdog agency accuses Democratic Party of making illegal contributions to Corzine campaign"

NJ.com reports.

Meanwhile, in Minnesota

GOP Asks High Court to Act Before Recount.

"Alaska GOP asks Miller to end campaign"

The latest.

-- 
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