“Stevens: Rationale for Bush v. Gore was ‘unacceptable’; The former Supreme Court justice speaks out on John Roberts and the case that decided the 2000 election.”

Salon reports (via How Appealing).

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Sen. Baucus Says IRS Controversy Will Grow

Watch Bloomberg (via Political Wire)

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Two from Marketplace on IRS

Politics, money and power: Inside the IRS’ targeting of conservative social welfare groups

The Problem of IRS’s Dwindling Credibility

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“Move to Defend: The Case against the Constitutional Amendments Seeking to Overturn Citizens United”

John Samples has posted this draft on SSRN.  Here is the abstract:

Three years ago the U.S. Supreme Court decided the case of Citizens United v. Federal Election Commission. It found that Congress lacked the power to prohibit independent spending on electoral speech by corporations. A later lower-court decision, SpeechNow v. Federal Election Commission, applied Citizens United to such spending and related fundraising by individuals. Concerns about the putative political and electoral consequences of the Citizens United decision have fostered several proposals to amend the Constitution. Most simply propose giving Congress unchecked new power over spending on political speech, power that will be certainly abused. The old and new public purposes cited for restricting political spending and speech (preventing corruption, restoring equality, and others) are not persuasive in general and do not justify the breadth of power granted under these amendments.

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“Model Legislative Veto Act”

From Seth Barrett Tillman.

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“Ohio Republicans Push Law To Penalize Colleges For Helping Students Vote”

TPM:

Republicans in the Ohio Legislature are pushing a plan that could cost the state’s public universities millions of dollars if they provide students with documents to help them register to vote. Backers of the bill describe it as intended to resolve discrepancies between residency requirements for tuition and voter registration, while Democrats and other opponents argue it is a blatant attempt at voter suppression in a crucial swing state.

“What the bill would do is penalize public universities for providing their students with the documents they need to vote,” Daniel Tokaji, a professor and election law expert at Ohio State University told TPM. “It’s a transparent effort at vote suppression — about the most blatant and shameful we’ve seen in this state, which is saying quite a lot.”

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“Scandal Should Prompt IRS to Clarify Rules”

Gary Bass and Beth Kingsley have written this oped for the Chronicle of Philanthropy.

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“The Schmitt/Klein Exchange Over the Role of ‘Small Donors’”

Bauer wades in.

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Two From CPI on IRS

‘Tea party’ nonprofits rarely endorsed political candidates

Do nonprofits’ names imply political activity? Most social welfare nonprofits don’t have politically charged names

 

 

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“Regional Differences in Racial Polarization in the 2012 Presidential Election: Implications for the Constitutionality of Section 5 of the Voting Rights Act”

Steve Ansolabehere, Nate Persily, and Charles Stewart have written this article for the Harvard Law Review Forum.  Here is the conclusion:

Reasonable people can disagree about the relevance of the 2012 election or even racially polarized voting patterns to the constitutionality of the coverage formula for section 5 of the Voting Rights Act. Indeed, we view our findings more as a response to the notion that the election and reelection of an African American President settles the constitutional question in favor of the VRA’s detractors. If anything, the opposite is true. To be sure, the coverage formula does not capture every racially polarized jurisdiction, nor does every county covered by section 5 outrank every noncovered county on this score. However, the stark race-based differences in voting patterns between the covered and noncovered jurisdictions taken as a whole demonstrate the coverage formula’s continuing relevance.

In particular, for those looking for a way to distinguish the covered jurisdictions from the noncovered jurisdictions, and to do so without running afoul of the “elephant whistle” problem, differential rates of racially polarized voting provide an ideal metric. There can be no doubt that the covered jurisdictions differ, as a group, from the noncovered jurisdictions in their rates of racially polarized voting. There can also be no doubt that voting in the covered jurisdictions as a whole is becoming more, not less, polarized over time.

This is a must-read, careful analysis.  The question, which I first posed in 2005, is whether differences in racially polarized voting are of constitutional significance to save section 5 of the Act for the swing Justice(s) on the current Supreme Court.  On that question, we  likely will have to wait until the end of June.

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“IRS problem started with vague tax exemption rules”

Matea Gold, soon of WaPo, writes this article for the LA Times.

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“Texas tea party group says IRS asked about its connection to Wisconsin recall battle”

The Wisconsin State Journal reports.

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Candidate/Pastor Solicits Prayers for Independent Expenditures on His Behalf

Maybe it went like this: “Oh Lord, we beseech thee to bring forth a mighty super PAC from the heavens, to rain down negative advertising upon all of my opponents.  Oh let the (c)(4)s emerge from the depths of darkness, attacking my opponent with the ferocity of a wild beast lurching forth momentarily and retreating into the darkness. And let us say, amen.”

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“Lawmakers to focus on whether IRS misled Congress on screening practices”

WaPo reports. [corrected link]

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“FBI seeks source of prostitution, corruption allegations against Sen. Robert Menendez”

WaPo: “Months after the FBI began probing allegations against Sen. Robert Menendez (D-N.J.), investigators are now looking at whether someone set out to smear him while he was running for re-election last year and then ascending to his new post as chairman of the Senate Foreign Relations Committee, according to four people briefed on the inquiry.”

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“SEC head rejects calls to stop political disclosure work”

USA Today reports.

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Ezra Klein Thinks IRS Mess, Other Scandals, Will Fizzle

Here.

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NYT Says Senate Dems Could Go Nuclear Soon in Filibuster Showdown

See here.

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“Some Lawmakers Want Big-Budget Groups Included In IRS Debate”

Important Peter Overby report for NPR.

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“IRS Scandal Falls Right in McConnell’s Wheelhouse”

Roll Call:

Tea party conservatives may never fully trust Senate Minority Leader Mitch McConnell, but the Kentucky Republican was talking about the dangers of limiting political speech long before the tea party movement existed.

An expansive view of the First Amendment when it comes to political speech has been a signature issue in McConnell’s Senate career. He led the crusade against the 2002 campaign finance overhaul championed by Republican Sens. John McCain of Arizona and Russ Feingold of Wisconsin even after enactment, taking the case to the Supreme Court.

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“Lois Lerner, IRS administrator at center of scandal, bows out of Western New England University commencement speech”

Here.

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“At D.C. Circuit, Contractor Case Merits Take Backseat”

BLT:

Lawyers for the Federal Election Commission and government contractors on Thursday argued in the U.S. Court of Appeals for the D.C. Circuit over a law that forbids the contract holders from making federal campaign donations. The merits of the case, however, took a backseat.

The panel—Senior Judge Douglas Ginsburg and judges Thomas Griffith and Karen Henderson—focused most of their time on the court’s jurisdiction to even hear the dispute.

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“Behind the I.R.S. Mess: A Campaign-Finance Scandal”

Steven Rattner for NYT Opinionator.

Yes, yes, we are at the point that it everything has been said but not by everybody.

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“The Other IRS Scandal”: David Cay Johnston on Dark Money Political Groups Seeking Tax Exemption”

Here at Democracy Now!.

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“Conservative Groups Granted Exemption Vastly Outspent Liberal Ones”

CRP: “Conservative nonprofits that received tax-exempt status since the beginning of 2010 and also filed election spending reports with the Federal Election Commission overwhelmed liberal groups in terms of money spent on politics, an analysis of Internal Revenue Service and FEC records shows.”

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“It’s Time for the IRS to Crack Down on Phony Non-Profits”

Jessica Levinson writes.

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“Labor secretary nominee Perez clears early hurdle in confirmation”

WaPo reports on 12-10 party line committee vote.

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“Judicial candidate blames mystery nonprofit’s attacks for defeat”

CPI reports.

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“Lax state rules provide cover for sponsors of attack ads”

CPI reports.

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“The real scandal behind IRS-gate”

Yet another real scandal piece, this one in Chicago Business.

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“Inadequate IRS Rules Helped Create Scandal”

Fred Wertheimer Politico oped.

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“State to spend $2M to clean up voter rolls”

News from Indiana.

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“Section 5 as Simulacrum”

Justin Levitt has posted this draft on SSRN (Yale Law Journal Online).  Here is the abstract:

In addition to its remarkable substantive impact, Section 5 of the Voting Rights Act is a provision of enormous expressive and historical importance. But the extent to which the statute is also a symbol has some unrecognized downsides. In the current Shelby County litigation, reviewing a challenge to section 5, much of the argument seems to revolve around a simulacrum of section 5, rather than the statute itself. This simulacrum is much like an editorial cartoonist’s rendering of a political figure, in which particular features take on exaggerated salience. Many elements of the simulacrum have at least the ring of truth, which helps to explain the staying power of the image. But though the cartoon version of the preclearance regime resembles the original, the exaggerated features—including preconceived notions of the obsolescence of the regime’s primary operating system, the extent to which it fosters racial essentialism, and its place within our federalist structure—distort rather than clarify our understanding of the legality of the portions of the Voting Rights Act at issue. This short Essay investigates some of the more striking elements of the section 5 simulacrum, contrasting the cartoon vision of section 5 with the more fully contextualized operation of the actual statute.

 

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“Songs in Contention”

Los Angeles Lawyer on legal issues surrounding the use of songs in political campaigns.

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“The Real IRS Scandal”

Yet another oped with this name, this one in the New York Times by Sheila Krumholz and Robert Weinberger of CRP.

Also in the NYT opinion section, a Room for Debate section, Should 501c4′s Be Eliminated?, and an editorial, Take Politics Away from the IRS. The editorial is similar to the position I take in my Slate piece.

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“Groups that sought tax-exempt status say IRS dealings were a nightmare”

WaPo:

Some groups, including several interviewed by The Washington Post, were asked to provide names of donors or membership lists, which experts say the IRS cannot legally do. The agency also demanded names of board members, copies of meeting minutes and résumés, details of community organizing efforts and numerous other details, according to questionnaires obtained by The Post.

“It was pretty much a proctology exam through your earlobe,” said Karen L. Kenney, the coordinator for the San Fernando Valley Patriots, a tea party group in Southern California that was sent an IRS questionnaire with more than 100 questions on it.

The San Fernando group first submitted its application for nonprofit status in the fall of 2010, which was after the IRS’s Cincinnati-based “determination unit” had implemented its politically charged screening criteria. The group wrote the agency a $400 check to fast-track the process, but 19 months went by before the group heard anything, Kenney said.

Sounds like a real scandal to me, and not just a distraction from the disclosure problems which also exist as to c4s.

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Were Lois Lerner’s Remarks Friday at Tax Meeting “All But Rehearsed”?

See here at Nonprofit Quarterly.

UPDATE: This is a very smart take on the IRS mess.

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Illegal Tweeting in BC Elections

The horror, the horror.

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“Acting Chief of I.R.S. Forced Out Over Tea Party Targeting”

NYT: “President Obama announced Wednesday night that the acting commissioner of the Internal Revenue Service had been fired, and he pledged that his administration would cooperate with Congressional investigations into the targeting of conservative groups.”

 

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“Sheldon Whitehouse: IRS Tea Party Targeting ‘Not The Only IRS Scandal’”

HuffPo reports.

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“The IRS wants YOU — to share everything”

Politico reports.

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“Center for Competitive Politics urges the Supreme Court not to defer to Congress when reviewing contribution limits”

See this press release about this amicus brief filed in McCutcheon.

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“The Real IRS Scandal”

Michael Hiltzik column.

I renew my objection. Saying that what happened to conservative groups is not a “real” scandal is a way of denigrating what the IRS has done, and I am quite sure that many of these liberal critics would have been absolutely OUTRAGED if the Bush IRS had targeted “progressive” groups for special scrutiny and sat for a very long time on their applications for tax exempt status.

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“Conservative group says IRS approved non-profit status after applying with ‘liberal-sounding name’”

Yahoo! News reports.

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“The Real Problem at the IRS | Commentary”

Melanie Sloan of CREW: “Everyone can agree it is unacceptable for the IRS to target particular organizations based on political ideology. If that’s what agents at the IRS were up to, they were wrong and there should be consequences. The real problem, however, is not that the IRS is overly aggressive but that it has sat by idly while an ever-increasing number of groups blatantly violate the laws governing 501(c)(4) organizations. Where is the outrage over that?”

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“Source: Two ‘rogue’ workers principally behind IRS targeting of conservative”

CNN reports.

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“I.R.S. Says Counsel Didn’t Tell Treasury of Tea Party Reviews”

NYT: “he Internal Revenue Service said Wednesday that its chief counsel did not tell Treasury superiors of I.R.S. efforts to target conservative groups for special scrutiny, nor did he participate in a 2011 meeting when the issue was discussed with the I.R.S. chief counsel’s office.”

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“Husted to decide on double voters”

2-2 tie on whether to refer to prosecutors.

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“Cap on political party contributions moves forward”

The latest from San Diego, where I just finished testifying.

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“Bailey v. Maine Commission on Governmental Ethics: Another Step Toward the End of Political Privacy”

Steve Klein has posted this draft on SSRN.  Here is the abstract:

This article discusses the campaign finance disclosure regime upheld in Citizens United and gives a brief overview of how lower courts have recently expanded the Supreme Court’s reasoning, applying blanket approval to any “disclosure” regime. It then analyzes the ruling in Bailey v. Maine Commission on Governmental Ethics, and shows that it may go to such lengths as to impose campaign finance disclosure upon any political speech. Finally, this article offers a way back, with a call to restore the exacting scrutiny standard, limit the government’s “informational interest” and, at the very least, raise the financial thresholds for campaign finance law. Ultimately, any efforts at protecting political speech must begin with understanding that despite the weight of Citizens United, there are still myriad problems with federal and state campaign finance regimes.

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