Change Coming to U.S. Commission on Civil Rights
The agency, which has been enmeshed in a controversial
investigation of the New Black Panthers issue, will
see some personnel changes.
Posted by Rick Hasen at
08:22
AM
Two on Koch
Politico offers Koch
conference under scrutiny.
Jeff Patch of CCP blogs
on a dispute between Koch and Public Citizen.
Posted by Rick Hasen at
08:12
AM
"Obama's fundraisers are rebuilding bridges to
big donors for 2012 campaign"
The Washington Post offers this
report.
Posted by Rick Hasen at
08:09
AM
"A Major Ruling on the Meaning of Bush v. Gore"
Don't miss Ned
Foley's analysis of the Sixth Circuit decision
filed yesterday in the provisional ballots/wrong precinct case.
Here's a taste:
The link, then, between Bush v. Gore and conventional Equal
Protection analysis is the unacceptability of "arbitrary"
distinctions among voters that results in the disenfranchisement
of some but not others in the context of the same election. This
linkage manifests itself in two ways. First, there is the
special need to be wary of such arbitrary distinctions in the
particular context of ballot-by-ballot determinations. Second,
there is the increased risk that these ballot-by-ballot
determinations will, in fact, be arbitrary if they are not
guided by legislative policy established before the ballots were
cast. The Sixth Circuit majority opinion put these two related
points together in reaching its specific conclusion that in this
case Hamilton County had not offered a persuasive justification
for its differentiation of the two groups of provisional
ballots: "the Board exercised discretion, without a uniform
standard to apply, in determining whether to count miscast
ballots due to poll-worker that otherwise would have been
invalid under state law." (Page 27.) This key sentence, in the
midst of the explanation why Hamilton County did not satisfy
traditional Equal Protection scrutiny, incorporates the
operative terminology of Bush v. Gore ("discretion, without a
uniform standard"). In this way, the majority opinion treats
Bush v. Gore, not as an outlier, but as an integral part of
Equal Protection analysis for this kind of ballot-counting case.
As Ned notes, it is possible that this precedent is reviewed
further by the en banc Sixth Circuit (as
happened
to what was
then the most important post Bush v. Gore
case,
Stewart v. Blackwell), or through U.S. Supreme Court
review.
Posted by Rick Hasen at
07:58
AM
"Court Says Legislature Can't Write Own Ballot
Language"
The Sacramento Bee reports
on this
important opinion of the Third Appellate District of the
California Court of Appeal.
Posted by Rick Hasen at
04:47
PM