"Judge Choice Thrown Into Chaos"

What a mess in Ohio over the provisional ballot dispute, with conflicting orders from state and federal courts. Here's the latest federal court ruling. Says EL@M: "EL@M expects that this case may eventually reach the US Supreme Court. See our Major Pending Cases pages for the Ohio Supreme Court and Federal Court documents in this case."

Eisen Exits as Ethics Czar, Moves to Position as Ambassador to Czech Republic

Norm Eisen gave this exit interview to the Hill. Today he is sworn in as the U.S Ambassador to the Czech Republic, though no doubt his interest in issues of government transparency and ethics will continue.

Norm has led the Administration's initiatives to disclosure, lobbying, campaign finance reform, and ethics. While I do not agree with every step he has taken (I am critical of some of the lobbying measures, for example), there is no question that he made great improvements as the ethics point person, and that his relationship with the President has insured that these issues received a great deal of attention from the Administration. I expect that to continue as White House Counsel Bob Bauer gains oversight over this portfolio.

I wish Norm great success and safe travels as he represents this country as ambassador!

"2 new cases ask what First Amendment protects "

Tony Mauro's report for the First Amendment Center discusses the Carrigan case.

"Improving Federal Lobbying Laws topic of ABA Task Force Report"

This blog post appears at the Sunlight Foundation's blog. The Washington Post also covers release of the task force report here.

Two Interesting Supreme Court Filings

Check out the merits brief of the Goldwater Institute in the McComish campaign finance case. (It is the first merits brief I've seen that cites, for good substantive reasons, The Bluebook. The question is what the "See" reference to the Eighth Circuit's Day v. Holohan case meant in the FEC v. Davis case.)

Also check out the State of Washington's brief opposing the granting of cert. in the Human Life of Washington involving campaign finance disclosure issues. (I don't expect the Court to take this case.)

"Citizens United and the Political Speech of Charities"

Roger Colvinaux this draft at SSRN. Here is the abstract:

The Supreme Court's decision in Citizens United v. Federal Election Commission makes a Supreme Court challenge to the tax law rule that prohibits charities from involvement in political activities likely, and a reexamination of the political speech of charities necessary. Part I of the Article surveys the history of the political activities prohibition in order to emphasize that it was not a reactionary policy but quite considered, and that there are strong State interests supporting it. Part II of the Article analyzes Citizens United in detail and argues that if the Supreme Court considers a challenge to the political activities prohibition, Citizens United is distinguishable: the purpose of the political activities prohibition is not to suppress speech but to define charity; the legal setting is tax and not campaign finance; unlike the campaign finance rule, violation of the political activities prohibition is not criminal; and the political activities prohibition is by nature a rule associated with a tax status rather than a ban on corporate speech. Accordingly, the political activities prohibition, unlike the campaign finance rule, is not a burden on speech and therefore is constitutional. Part III of the Article discusses cautionary notes to the analysis of Part II, and explains that even if there is a constitutional defect to the political activities prohibition, the political activities limitation on the charitable deduction nonetheless would survive. Regardless of the constitutionality of the political activities prohibition, Part IV examines a number of possibilities for a charitable tax status in which political activity is allowed, and concludes that the current rule is the best option. Part V concludes that the prohibition represents the evolution of a century of wrestling with the subject of political activity and charity, and the wisdom that the two are not compatible. Such wisdom should not be contravened.

"The Citizens United Election? Or Same As It Ever Was?"

Michael Franz has written this article for The Forum. Here is the abstract:

In January 2010, the Supreme Court in Citizens United v. FEC overturned long-standing regulations governing the role of unions and corporations in sponsoring pro-candidate advocacy. Many predicted a deleterious effect on the electoral process. In the aftermath of the midterm elections, a number of questions deserve consideration. Was the observed level of outside spending abnormally high in 2010? What can we say about the potential effect of outside spending on the outcomes of House and Senate races? Moreover, what has the decision done to the power of parties and, most especially, their ability to compete with special interests in backing federal candidates? This paper investigates these questions using data from the Wesleyan Media Project, which tracked political ads in 2010. The initial evidence suggests that while interest groups were aggressive players in the air war, their impact may not have been as negative or as large as initially predicted.

Two More from BNA Money and Politics Report

See U.S. Chamber Plans to Continue Practice of Not Disclosing Donors and Three-Judge Court Will Hear Challenge to Ban on Foreigners' Campaign Funds.

"Louisiana Defaulting on Federal Obligation to Register Low-Income Residents"

Project Vote has issued this press release.

Nate Persily's Really Innovative Redistricting Class

Check this out: "Students in one Columbia Law School class will be able to do more than talk about what happens when Congressional districts are redrawn following the census. They may be the ones who are actually drawing the lines. The new class starting later this month will introduce students to the law and politics behind redistricting and map 'legally defensible' Congressional districts that will be posted online for states to use, according to Professor Nathaniel Persily... who will teach the class."