September 07, 2006
"U.S. court edits Ohio election law"
Richard Shepard adds (link not yet available) that the opinion is significant "because it followed Justice O'Connor's lead from Clingman v Beaver, by analyzing the practical effect of two election statutes in combination, rather than separately, and by recognizing that legislatures can not be counted on to produce a content neutral election regulatory scheme, particularly when third parties are involved. It was also significant in that the 6th circuit, as the 10th circuit did in Clingman, required the state to demonstrate the harm to be prevented by the regulation." I think both Richards are exactly right in seeing this decision as significant, particularly if it stands against further appellate challenge.
Posted by Rick Hasen at September 7, 2006 08:43 AM