on Miami, following up on the more general effort I’d flagged by prosecutors to
fight back against the Florida legislature’s fines-and-fees limitations on the
Amendment 4 initiative restoring the vote to those with convictions.
Erwin Chemerinsky’s thoughtful op-ed discusses ways for California (and other states) to defend public initiatives in federal court.
DOMA has been struck down as unconstitutional. Prop 8 case from California dismissed on standing grounds (initiative proponents have no cognizable injury distinct from the general population). I haven’t yet read thoroughly, but SCOTUSblog reports that neither finds a constitutional right to same-sex marriage.
DOMA decision is here; Prop 8 is here.
Both 5-4, very different majorities. DOMA is Kennedy, Ginsburg, Breyer, Kagan, Sotomayor; Prop 8 is Roberts, Scalia, Ginsburg, Breyer, Kagan.
Earlier today I wrote about how Texas, which had indicated an intent to appeal, could seek emergency relief from the Supreme Court to put its ID law into effect for November’s elections.
But now comes this from AP: “State Attorney General Greg Abbott said he will appeal to the U.S. Supreme Court, “where we are confident we will prevail.” He also told the Associated Press late Thursday that there is now definitely not enough time to salvage the law for the November election.”
So we are just waiting on Pa. and South Carolina as states whose ID laws are on hold (and Wisconsin, if the Supreme Court takes up AG van Hollen’s invitation to look at this case again—very unlikely).
Pending signature verification, it looks like Ohio may have redistricting reform on the ballot once again this November. The initiative would create a commission to draw districts modeled in some ways on California’s new commission, though with important differences in the composition of the commission, its voting rules, and the criteria that it would apply.
The LA Times offers this front-page report.
Back in 2000, I wrote this piece for the Columbia Law Review discussing the complex relationship of political parties to the initiative process, especially in California. More recently, Chris Elmendorf and Ethan Leib have written this interesting article on the topic, which is forthcoming in the California Law Review.