| Subject: [EL] Electionlawblog news and commentary 12/14/10 |
| From: Rick Hasen |
| Date: 12/13/2010, 9:23 PM |
| To: Election Law |
Reply-to: "rick.hasen@lls.edu" |
The
latest from Chicago.
AP offers this
report.
Check out Howard
Wasserman on George Will on Bush v. Gore, especially in
the comments.
That's the conclusion of Professor
James Sample.
BNA offers this
report, which makes earlier claims by reform groups that
501(c)(4)s such as Crossroads GPS were breaking tax law at best
premature. The problem is not what is illegal but what is legal.
AP offers this
report. See also this
statement from Arizona legislative speaker Adams.
AP reports.
UPDATE: This link will take you to a story indicating that
Miller did indeed appeal, and the Alaska Supreme Court will hear
arguments on the case on Friday.
I was never able to get copies of the briefs filed in the trial
court in this case. If anyone can forward me the briefs filed in
the state Supreme Court, I will post them.
See here.
Eliza's latest.
Following up on this
post, the Supreme Court has rejected
the appeal in Clemons
v. U.S. on the size of the U.S. House. When I wrote
last night about a possible cert. denial, I had forgotten that
this was an appeal from a three-judge court, meaning that the
court does not grant cert or deny cert in such cases. It usually
issues either a summary disposition (affirming or reversing) or
notes probable jurisdiction and sets the case for argument.
Today, the Court did something a bit different in its summary
disposition: it vacated the earlier judgment and directed the
district court to dismiss for lack of jurisdiction. Apparently
the Court views questions about the size of the U.S. House as a
political question, and did not want to keep the three-judge
court's opinion, which includes a lengthy historical and
political analysis of the size of the House on the books. This
is true even though the district court agreed with the
government that the suit should be dismissed.
MORE: Lyle Denniston suggests
an alternative possibility for the Court's actions: a decision
that plaintiffs lacked standing.
-- 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