Monthly Archives: August 2011

“The President and the Autopen: It is Unconstitutional for Someone or Something to Sign a Bill Outside of the President’s Presence”

August 26, 2011, 7:17 amlegislation and legislaturesRick Hasen

Terry Turnipseed has posted this draft on SSRN., Here is the abstract: On May 26, 2011, only hours before three provisions of the Foreign Intelligence Surveillance Act were scheduled to expire, Congress passed an extension. For days, the White House… Continue reading

Port Chester Voting Rights Case Ends Not with a Bang But a Whimper

August 26, 2011, 7:16 amcumulative voting, votingRick Hasen

The Second Circuit has held that Port Chester waived its appeal. Via email I received this statement from Mike Carvin, an attorney for the village: Statement from Michael A. Carvin, Jones Day Counsel for Village of Port Chester Today, the… Continue reading

Could This Be the Case that Gets the Supreme Court to Strike Down Section 5 of the Voting Rights Act?

August 25, 2011, 4:32 pmSupreme Court, Voting Rights ActRick Hasen

It would not surprise me, unless the Court takes another one of the percolating cases first. Here is Arizona’s complaint. MORE from NPR.

“The Right to Vote: Bending Toward Justice, or Backsliding?”

August 25, 2011, 4:17 pmvotingRick Hasen

Dan Tokaji has written this post. “This post is part of an ACSblog symposium in honor of the unveiling of the Martin Luther King Jr. National Memorial. The author, Daniel Tokaji, is a Professor of Law at… Continue reading

“Obama Campaign’s ‘Project Vote’ Name Choice Could Fuel Voter Fraud Charges”

August 25, 2011, 4:13 pmcampaigns, fraudulent fraud squadRick Hasen

TPM: “We have contacted attorneys representing Obama for America, and we have been assured that this matter will be resolved quickly and amicably,” Slater said. My earlier post on this topic is here.

“Lawyers’ Committee and Partners Settle Indiana Class Action Lawsuit Regarding Compliance with the National Voter Registration Act of 1993”

August 25, 2011, 3:56 pmNVRA (motor voter), voter registration, votingRick Hasen

See this press release.

Revised Version of My “Anticipatory Overruling” Piece Now Available, Including Discussion of Arizona Public Financing Case

August 25, 2011, 10:01 amSupreme CourtRick Hasen

I have now posted a revised version of “Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law” on SSRN (forthcoming Emory Law Journal). This revised version discusses Justice Alito’s citation to the Day v. Holahan… Continue reading

Thalheimer Plaintiffs Will Not Petition for Cert. in San Diego Campaign Finance Case

August 25, 2011, 9:58 amcampaign financeRick Hasen

In Thalheimer v. City of San Diego, the Ninth Circuit upheld the trial court’s denial of a preliminary injunction of the City’s law barring non-human contributions to candidates (the same issue as in the Danielczyk case in the 4th Circuit… Continue reading

No Charges Against Justices Prosser or Bradley in Altercation

August 25, 2011, 9:12 amchicaneryRick Hasen

Prosecutor’s letter. AP story (via TPM). The prosecutor “told The Associated Press in an interview that accounts from other justices who witnessed the apparent altercation varied, but declined to elaborate further.”

Project Vote v. Project Vote: Dept. of Dumb Names

August 25, 2011, 8:47 amelection administration, fraudulent fraud squadRick Hasen

Mike Allen today reports for Politico that “President Barack Obama’s reelection campaign on Thursday announced ‘Project Vote,’ a campaign-within-a-campaign that is aimed at increasing registration and participation among Democratic base constituencies — including young voters, seniors, African Americans and Hispanics,… Continue reading

New Linda Greenhouse Column Reveals Justice Brennan Was Initially Assigned Majority Opinion in Bellotti

August 24, 2011, 9:32 pmcampaign finance, Supreme CourtRick Hasen

NYT Opinionator Blog: There were three other dissenters from the Bellotti decision — Justices Byron R. White, Thurgood Marshall and William J. Brennan Jr., whose signature on Justice White’s dissenting opinion is worth a brief digression. A First Amendment… Continue reading