| Subject: [EL] Electionlawblog news and commentary 2/22/11 |
| From: Rick Hasen |
| Date: 2/22/2011, 7:17 AM |
| To: Election Law |
On Friday I suggested
that the Supreme Court could well decide to hear a judicial
speech case, Bauer v. Shepard. The case does not appear
listed at all in the order
list just released. This means the case will likely be
relisted for consideration at the next (or a future) conference.
Back in January I predicted
that the Court would not take the Human Life case out of
Washington, raising campaign finance disclosure issues, and
today's order list notes a cert. denial.
Via How
Appealing comes news of the sudden death of Ninth Circuit
Judge David R. Thompson. (I could find no news stories providing
details about his death; he was scheduled to preside over oral
arguments tomorrow at USD.)
I clerked for Judge Thompson in 1991-92. You'd be hard pressed
to find a more decent, thoughtful, smart, judicious, and modest
man. As a new law school graduate, I did not know what to expect
of a judge from a family of judges down in San Diego, appointed
to the federal bench by President Reagan. What I found was first
and foremost a mentor---a great teacher about the law and legal
practice, who had great patience and a broad knowledge of
American law. He gently guided me away from the kinds of rookie
mistakes that clerks tend to make; he was effusive in his praise
and never raised his voice or lost his cool.
While other judges on the Ninth Circuit loved the limelight,
Judge Thompson did not. He was happy to eat a sack lunch at his
desk, pouring over briefs and legal materials. He loved the
practice of the law, taking each case at one time as he sought
to do justice. When my wife, parents, and in laws came to the
chambers for a private swearing-in ceremony, he was giddy like a
kid showing off his chambers, and about as down-to-earth as you
can imagine.
But beneath the aw-shucks exterior was a keen legal mind. Though
Judge Thompson certainly had some conservative leanings, he was
among the most non-ideological of judges I have ever
encountered, and litigants before him were always given a fair
shake. He would be willing to listen to both sides and change
his mind when appropriate.
I did not stay in regular touch with Judge Thompson, much to my
regret. I would have liked to tell him that he remains to this
day one of my role models---an unsung hero in the life of the
law. We should all miss having him on the bench.
The Koch Bros. in
the news again.
The Washington Post offers this
report.
See here.
The Baltimore Sun offers this
report.
USA
v. Manzo: "This case presents a significant and novel
question, creatively framed and well-presented by the
government. In essence, it asks us to consider whether an
unsuccessful candidate for public office can attempt or conspire
to obtain property from another with that person's consent
induced under color of official right within the meaning of the
Hobbs Act."
Interesting
news from Maine.
Demos is sponsoring this
event on February 22.