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As I've noted on the blog, I was brought in recently as co-counsel to represent the City of San Diego in a challenge brought to five city campaign contribution limit laws. Plaintiffs sought a preliminary injunction, and the federal district...
Posted in Election Law on February 17, 2010 09:12 AM
Citizens United: Did the Court Ask for Briefing to Cure an Incurable Defect?
As I noted, the parties in this case have been asked to address the question: "should the Court overrule either or both Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), and the part of McConnell v. Federal Election...
Posted in Election Law on June 30, 2009 09:27 PM
Armed with a list of Judge Sotamayor's opinions and judicial votes in the election law field helpfully compiled by Bryan Sells, I set out to see what I could learn about the judge. Though I had read some of the...
Posted in Election Law on May 27, 2009 10:05 PM
New York University Annual Survey of American Law Volume 63, Number 4, 2008 THE UNCERTAIN LANDSCAPE OF ELECTION LAW" - Symposium held at the New York University School of Law, February 23, 2007 ACCESS VERSES INTEGRITY IN VOTER IDENTIFICATION REQUIREMENTS...
Posted in Election Law on August 4, 2008 07:35 AM
No Opinion in FEC v. Davis Today; What Should We Expect Tomorrow?
The opinion will be released tomorrow morning. Tom Goldstein predicts that Justice Alito is likely writing the opinion. In my analysis of the oral argument, here is what I wrote about Justice Alito's views at that point: If we count...
Posted in Election Law on June 25, 2008 07:30 AM
Davis v. FEC: Splitting the Baby?
I have now had a chance to review the transcript in today's oral argument in this case. See also this AP report. Though predicting outcomes from oral argument is treacherous (and doing so from a transcript rather than in person...
Posted in Election Law on April 22, 2008 12:38 PM
"Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC v. Wisconsin Right to Life"
I have posted this new draft on SSRN, and I'll be presenting this paper at APSA at the end of August. This is still a work in progress; comments welcome! Here is the abstract: With the replacement of Chief Justice...
Posted in Election Law on July 31, 2007 07:44 AM
2007 Election Law Casebook Supplement Now Available
The 2007 Supplement to Lowenstein and Hasen, Election Law--Cases and Materials (3rd ed. 2004), is now available for download at this link: http://electionlawblog.org/archives/2007-supp-final.pdf The Supplement, which sees the addition of new co-author Dan Tokaji, is up-to-date, and includes an edited...
Posted in Election Law on July 19, 2007 11:32 AM
"Campaign finance override fails by one vote"
See this report on the post-Randall v. Sorrell campaign finance battles in Vermont....
Posted in Election Law on July 12, 2007 07:26 AM
Lillian BeVier, Full Of Surprises-And More To Come: Randall v Sorrell, The First Amendment, And Campaign Finance Regulation, 2006 Supreme Court Review 173 Stanford Law & Policy Review, Volume 18, Issue 2, 2007, has published a symposium on the law...
Posted in Election Law on July 2, 2007 10:22 AM
"Election Law and the Roberts Court" Symposium Papers
The Ohio State Law Journal has now posted this page with links to the papers being published in its two-issue symposium. They include the following:-Edward Foley, The Ohio State University, Election Law and the Roberts Court: An Introduction -Richard Briffault,...
Posted in Election Law on June 22, 2007 06:28 AM
I have now posted the final version of my Ohio State symposium article, The Newer Incoherence: Competition, Social Science, and Balancing in Campaign Finance Law After Randall v Sorrell, on SSRN. The citation is 68 Ohio State Law Journal 776...
Posted in Election Law on May 3, 2007 01:54 PM
"Institutional Process, Agenda Setting, and the Development of Election Law on the Supreme Court"
Michael Solimine has posted this draft on SSRN (forthcoming, Ohio State Law Journal symposium on Election Law and the Roberts Court). Here is the abstract: The burgeoning commentary on the two important election law cases, Randall v. Sorrell and LULAC...
Posted in Election Law on May 1, 2007 02:21 PM
Ned Foley has written The Future of Bush v. Gore for an Ohio State Law Journal election law symposium (my contribution to that symposium is on campaign finance, specifically Randall v. Sorrell). I have already linked to Dan Lowenstein's commentary...
Posted in Election Law on April 9, 2007 09:02 AM
Why I (Hope and) Expect the Supreme Court Won't Revisit McConnell v. FEC in the WRTL Case
As Marty Lederman has noted, Jim Bopp's request to file an oversized brief in the WRTL case (granted by the Chief Justice to a 70 page brief) includes a request for more pages to brief the question whether the Supreme...
Posted in Election Law on March 15, 2007 09:03 AM
"The Uncertain Landscape of Election Law: Where Does the Ballot Box Head From Here?"
NYU's Annual Survey of American Law will host this symposium with a really first-rate set of panelists on Feb. 23. The organizers describe the symposium as follows: Within the general area of election law, we are hosting three panels spread...
Posted in Election Law on February 12, 2007 08:48 AM
WRTL Files Response to Jurisdictional Statement; Probable Jurisdiction Likely to Be Noted on Friday
Here is WRTL's response, agreeing with the FEC for expedited briefing. The last time a party that won a campaign finance case below agreed to support the Court hearing the case was in Randall v. Sorrell. That didn't work out...
Posted in Election Law on January 15, 2007 01:28 PM
Off to AALS Meeting and Panel on the Roberts Court and the Regulation of Politics
I'm off to DC, and hope to see many of you at the following panel for the AALS Section on Legislation: January 4 10:30 a.m. - 12:15 p.m. Section on Legislation Virginia Suite C, Lobby Level, Marriott Wardman Park Hotel...
Posted in Election Law on January 2, 2007 06:53 AM
Court Adopts "See No Evil" Approach in Campaign Finance Case; Major Changes Could Be on the Horizon
Following up on this post, the 2-1 decision of the federal district court issued today in Wisconsin Right to Life v. FEC, if upheld by the Supreme Court, could bring us back to the days before Congress passed McCain-Feingold (or...
Posted in Election Law on December 21, 2006 01:40 PM
Brad Smith and Bob Bauer mark the third anniversary of the Supreme Court's decision in McConnell v. FEC. (The exact date was Dec. 10, 2003.) For them, this is not a a happy anniversary, but I expect others will offer...
Posted in Election Law on December 11, 2006 08:24 AM
Panel on the Roberts Court and the Regulation of Politics
At the AALS meeting in January in Washington, DC, I've organized the following panel for the AALS Section on Legislation: January 4 10:30 a.m. - 12:15 p.m. Section on Legislation Virginia Suite C, Lobby Level, Marriott Wardman Park Hotel The...
Posted in Election Law on November 10, 2006 04:22 PM
Missouri State Supreme Court Affirms Order Barring Implementation of State Voter ID System
The court's opinion is here. Though this is decided on state constitutional grounds (which insulates it to a great extent from U.S. Supreme Court review), the court's decision has the same structure of those other court decisions that have struck...
Posted in Election Law on October 17, 2006 09:10 AM
I have posted this draft on SSRN. This is forthcoming in the Ohio State Law Journal symposium (live symposium Sept. 29-30) on "The Roberts Court and Election Law." This is still very much a work in progress. Comments welcome! Here...
Posted in Election Law on August 30, 2006 08:00 AM
Allison Hayward has posted this draft on SSRN (forthcoming Cato Supreme Court Review). I very much want to read this as I'm writing my own article on the Vermont case. Here is the abstract: Randall v. Sorrell and Wisconsin Right...
Posted in Election Law on August 10, 2006 05:01 PM
"Campaign finance law changes pay off for candidates, filings show"
A.P. offers this report on post-Randall v. Sorrell fundraising in Vemont....
Posted in Election Law on August 9, 2006 09:24 PM
2006 Supplement to Election Law---Cases and Materials Now Available
The 2006 Supplement to Lowenstein and Hasen, Election Law--Cases and Materials (3rd ed. 2004), is now available for download at this link: http://www.lls.edu/academics/faculty/pubs/electionlaw-2006update.pdf. The Supplement is up-to-date, and includes discussion of the renewal of the Voting Rights Act (signed by...
Posted in Election Law on July 27, 2006 02:09 PM
Randall-Based Challenge to MSRB Rule
W. Hardy Callcott has filed this petition with the Municipal Securities Rulemaking Board (MSRB), asking that it amend or repeal MSRB Rule G-37's $250 contribution limit on the ground that it's unconstitutional under Randall v. Sorrell....
Posted in Election Law on July 8, 2006 07:56 AM
Typo in Kennedy Concurrence in Randall (Vt. Campaign Finance Case)?
Reid Cox emails: In the Kennedy concurrence (in Randall v. Sorrell) I cannot seem to get by the fact that there may be a significant error. Kennedy's third graf seems to be about campaign contribution limitations, but strangely, the second...
Posted in Election Law on June 28, 2006 06:12 PM
"Reading Between the Lines of Randall v. Sorrell"
Gerry Hebert has this post at the CLCBlog, which discusses Chief Justice Roberts, precedent, and the Court in the campaign finance and Voting Rights Act cases....
Posted in Election Law on June 27, 2006 01:17 PM
Roll Call offers Texas Decision Due This Week; Parties Brace for Fallout and Voting Fraud Bill Gets Cool Reception at Panel. (paid subscription required) (On the second matter, see also this post by Dan Tokaji.) AP offers DeLay Testifies He...
Posted in Election Law on June 26, 2006 01:48 PM
Some Initial Thoughts on the Vermont Campaign Finance Decision
The decision in Randall v. Sorrell today is a monumental one, because it marks the first time that the two new Justices have considered a campaign finance case. Though the decision is a defeat for Vermont and for those who...
Posted in Election Law on June 26, 2006 09:05 AM
"The Gratuities Debate and Campaign Reform - How Strong is the Link?"
George Brown has posted this paper on SSRN. Here is the abstract: The federal gratuities statute, 18 USC Section 201(c), continues to be a source of confusion and contention. The confusion stems largely from problems of draftsmanship within the statute,...
Posted in Election Law on June 20, 2006 07:21 AM
"The High Court, Hoodwinked on Finance Data"
David Primo and Jeff Milyo have this Roll Call oped (paid subscription required), which begins: "The imminent Supreme Court decision in Randall v. Sorrell --the closely watched dispute over the permissibility of highly restrictive campaign spending and contribution limits in...
Posted in Election Law on June 14, 2006 09:57 PM
Latest Posts at Electronic Roundtable on Vermont and Texas Cases
Here is my second post, "The Nature of Judicial Modesty." Brad Smith's second post, "Randall v. Sorrell: It's Not Just Spending Limits," is here. Meanwhile, you can find the reply briefs in the Texas case here....
Posted in Election Law on February 23, 2006 09:06 AM
Election Law Blog Cited in Law Review Note
This is a first for this blog. See Michael J. Ushkow, Judiical Supervision of Campaign Information: A Proposal to Stop the Dangerous Erosion of Madison's Design for Actual Representation, 34 Hofstra L. Rev. 263, 287 n.201 (2005) (available on Westlaw...
Posted in Election Law on February 10, 2006 08:54 AM
You can now access here the preview I have written for the ABA's Supreme Court Previews on the Wisconsin Right to Life v. FEC case. Republished with permission of the ABA. A snippet: This case could turn out to be...
Posted in Election Law on January 17, 2006 08:36 AM
In its order issued this morning, the Supreme Court agreed to hear two campaign finance cases, one involving spending limits in Vermont legislative races (Sorrell), and the other involving corporate expenditures on "genuine issue ads" during the election season (WRTL)....
Posted in Election Law on September 27, 2005 06:21 AM
Supreme Court Election Law Preview
The Supreme Court currently has no oral arguments scheduled in election law cases, but that could soon change. At least four significant cases are working their way toward consideration by the Court. Here is a summary and some predictions: Vermont...
Posted in Election Law on September 26, 2005 01:50 PM
Debate on Campaign Spending Limits
The debate on the Sorrell case, featuring Brenda Wright, James Bopp, Adam Lioz, and John Lott, will take place at Georgetown Law School on August 2. I have posted the flyer here....
Posted in Election Law on July 27, 2005 07:16 AM
How Smart Was It for Plaintiffs to Support Cert in the Vermont Spending Limits Case?
You can find six amicus briefs supporting the winning side of the Second Circuit Sorrell case here. Usually, of course, the side that wins in the Court of Appeals opposes a grant of cert. But for years it has been...
Posted in Election Law on June 16, 2005 06:06 PM
Election Law Cases I Am Watching for Possible Eventual Decision by the Supreme Court
With the Supreme Court having issued its decision in Clingman v. Beaver, I thought it would be useful to list election law cases I'm watching for eventual resolution by the Supreme Court: Landell v. Sorell This is the Second Circuit...
Posted in Election Law on May 27, 2005 09:05 AM
Who is Going to Oppose Review in the Sorrell Case?
Not the defenders of the law. See NVRI's press release, which notes that following the filing of the cert petition by the Vermont Republican Party, "Defenders of Vermont’s campaign spending limits law immediately announced that they would join in urging...
Posted in Election Law on May 13, 2005 10:29 AM
Sorrell Cert Petition Now Available
You can find it here....
Posted in Election Law on May 13, 2005 10:06 AM
Bauer on Sorrell Case, and Judge Calabresi's Concurrence
See here....
Posted in Election Law on May 13, 2005 07:16 AM
I'm Predicting a Cert Grant in Second Circuit Campaign Finance Case
A press release issued by the James Madison Center today says the following: The Vermont Republican Party asked the United States Supreme Court today to review Vermont’s campaign finance law which imposes severe limits on contributions to and expenditures by...
Posted in Election Law on May 12, 2005 02:18 PM
More Opinions in Controversial 2d Circuit Campaign Finance Case
Howard Bashman has the details here on the Landell case (my earlier coverage here), including a particularly sharp footnote directed against one of the dissenting judges. NRVI has also posted this analysis, which does not include analysis of the additional...
Posted in Election Law on April 19, 2005 09:11 AM
"The Reform Reporter" Notes Albuquerque Spending Limits Case Before the Supreme Court
Those in the campaign finance reform community interested in the question of overturning Buckley to allow for greater regulation should check out The Reform Reporter put out by a pro-reform group, "The Rest of Us." The Reporter's top story is...
Posted in Election Law on October 12, 2004 03:39 PM