Supreme Court to consider lifting campaign contribution limits. Reversing McCutcheon v. Federal Election Commission would allow unlimited individual campaign contributions.
"Used to be that the idea was 'once every two years voters elected their representatives.' And now instead it's 'every ten years the representatives choose their constituents.'"
Obama won Ohio by two points, and Democratic Sen. Sherrod Brown won by five, but Democrats emerged with just four of Ohio’s 16 House seats. In Wisconsin, Obama prevailed by seven points, and Democratic Senate candidate Tammy Baldwin by five, but their party finished with just three of the state’s eight House seats. In Virginia, Obama and Democratic U.S. Senate candidate Tim Kaine were clear victors, but Democrats won just three of the commonwealth’s 11 House seats. In Florida, Obama eked out a victory and Democratic Sen. Bill Nelson won by 13 points, but Democrats will hold only 10 of the Sunshine State’s 27 House seats. The Revenge of 2010: How gerrymandering saved the congressional Republican majority, undermined Obama's mandate, set the terms of the sequestration fight, and locked Democrats out of the House for the next decade. It's not a new problem. But if the Supreme Court guts the Voting Rights Act, it could get a whole lot worse. And the electoral college may be next. (What's gerrymandering, you ask? Let the animals explain. Meet the Gerry-mander. Peruse the abused. Catch the movie. Or just play the game. Previously.)
Last year, The Brennan Center for Justice at NYU's Law School released a report (pdf) detailing new, more restrictive state laws that affect voting rights and are likely to impact the outcome of the 2012 elections. The restrictions "fall most heavily on young, minority, and low-income voters, as well as on voters with disabilities." On August 3rd, 2012, they updated their analysis with a pdf of passed and pending State government legislation. Their conclusion: after a century in which the United States "expanded the franchise and knocked down myriad barriers to full electoral participation... that momentum [has] abruptly shifted." [more inside]
With the U.S. Presidential election about 3 months away, and voter ID laws headed to court this Wednesday in Pennsylvania and in other states like Texas and Minnesota, Propublica tells you Everything You’ve Ever Wanted to Know About Voter ID Laws. A solution to a nonproblem. [Previously] [more inside]
In less than an hour, the Supreme Court will hand down its final judgment in what has become one of the most crucial legal battles of our time: the constitutionality of President Obama's landmark health care reform law. The product of a strict party line vote following a
year century of debate, disinformation, and tense legislative wrangling, the Affordable Care Act would (among other popular reforms) require all Americans to buy insurance coverage by 2014, broadening the risk pool for the benefit of those with pre-existing conditions.
The fate of this "individual mandate," bitterly opposed by Republicans despite its similarity to past plans touted by conservatives (including presidential contender Mitt Romney) is the central question facing the justices today. If the conservative majority takes the dramatic step of striking down the mandate, the law will be toothless, and in danger of wholesale reversal, rendering millions uninsured, dealing a crippling blow to the president's re-election hopes, and possibly endangering the federal regulatory state.
But despite the pessimism of bettors, some believe the Court will demur, wary of damaging its already-fragile reputation with another partisan 5-4 decision. But those who know don't talk, and those who talk don't know. Watch the SCOTUSblog liveblog for updates, Q&A, and analysis as the truth finally comes out shortly after 10 a.m. EST.
LBJ v. Coke Stevenson: Lawyering for Control of the Disputed Texas Democratic Party Senatorial Primary Election of 1948
This article explores the history, from the lawyers' perspective [PDF; 41 pages], of a high-profile litigation of sixty years ago, the whirlwind of state and federal litigation that attended the 1948 runoff election battle between Congressman Lyndon B. Johnson and former Texas governor Coke Stevenson for the Texas Democratic Party nomination for the office of United States Senator. Johnson famously won this election by 87 votes [...] [more inside]
The GOP’s woman problem is that it has a serious problem with women. Frank Rich on George Stephanopoulos's unanswered question, how the Republicans have shifted to being the party of misogyny since the 70s, and why Mitt Romney would be just as bad as Rick Santorum.
The Stakes, 2008. Eight of the Washington Monthly's contributing editors "consider the looming challenges that America is likely to face—in the economy, education, the courts, and other areas—during an Obama or McCain presidency, and how, based on what we know about the two men, they are likely to handle them." [more inside]
When Judges Make Foreign Policy. "In a globalized, post-9/11 age, decisions made by the Supreme Court are increasingly shaping America's international relations. When the next justice is appointed, our place in the world may well hang in the balance."
... add the phrase, “who are capable of having children with one another” to the legal definition of marriage...
Washington Initiative Requires Proof of Procreation From Married Couples -- in response to a ruling made by the Washington Supreme Court last year stating gay and lesbian couples could be prevented from marrying by the state because Washington has a legitimate interest in preserving marriage for couples who can procreate. It's been accepted by their Secy of State, and only needs signatures now to get on the ballot. Press release here, which adds: The time has come for these conservatives to be dosed with their own medicine. If same-sex couples should be barred from marriage because they can not have children together, it follows that all couples who can not or will not have children together should equally be barred from marriage.
Anthony Argyriou uncovers what seems to be a serious problem either with California voting machines or the vote tallying system: The Secretary of State's summary of votes on the Davis recall shows three counties--Alameda, Kern, and Plumas--that apparently had zero voters who didn't vote on the recall. Not one. All three counties used Diebold machines. Other counties ranged from 0.5% to 10.3% of voters not voting on the recall. More from Rick Hasen, a top election law scholar. [Via Volokh.]
Chicago 1968 - This month marks 35 years since the infamous 1968 Democratic Convention in Chicago. Hope was at a low ebb in the wake of a turbulent year that saw the assassinations of MLK and RFK. Peace activists and yippies took to the streets to protest the Viet Nam war and to nominate a pig for president. Police responded with shocking brutality. The ensuing Chicago Seven Trial was theatre of the absurd, with a colorful and prominent cast of characters. So what's changed in 35 years? Can next year's conventions be expected to generate outrage or apathy? - more -