Monthly Archives: June 2015

Congress has a “plan” and the Court can understand it – The Court rises to the challenge of statutory complexity in King v. Burwell

June 26, 2015, 8:33 amUncategorizedAbbe Gluck

[posted earlier on SCOTUSblog] “A fair reading of legislation demands a fair understanding of the legislative plan.” So concludes the game-changing statutory interpretation opinion of Chief Justice John Roberts in King v. Burwell. The opinion begins with five pages… Continue reading

Context for the Arizona Redistricting Case

June 26, 2015, 3:38 amUncategorizedRichard Pildes

Later today or next week, the Court in the Arizona redistricting-commission case will issue one of its more important decisions on “the law of democracy.” To provide context for that decision, it’s useful to see two paradoxes the case illustrates… Continue reading

Exhausted by Scalia’s Rhetoric

June 25, 2015, 7:42 pmSupreme CourtRick Hasen

I read a lot of Justice Scalia opinions to write The Most Sarcastic Justice, and I have to say I really enjoyed reading those opinions—they were pithy, smart, insightful and blunt. Much more fun than say, reading a Breyer… Continue reading

Marty Lederman on CJ Roberts’ Pragmatic Statutory Interpretation

June 25, 2015, 7:34 pmstatutory interpretation, Supreme CourtRick Hasen

Dare not raise Holy Trinity Church, but no need to. My earlier post on the return of purposivism is here.

“Montana moves to reveal corporate campaign spending”

June 25, 2015, 7:26 pmcampaign financeRick Hasen

AP: Montana, a state that has long prided itself on strict campaign finance laws, is giving up on barring corporations from political spending and is instead attempting to expose every penny spent by them in elections.

“IRS workers mistakenly erased tea party emails”

June 25, 2015, 7:23 pmtax law and election lawRick Hasen

AP: Investigators are blaming mistakes by IRS employees – not a criminal conspiracy – for the loss of thousands of emails related to the tax agency’s tea party scandal. IRS workers erased 422 computer backup tapes that “most likely”… Continue reading

“Bipartisan Overhaul of Dysfunctional FEC Introduced by Representatives Kilmer and Renacci “

June 25, 2015, 2:02 pmcampaign finance, federal election commissionRick Hasen

Release: Today, Rep. Derek Kilmer (D-WA) and Rep. Jim Renacci (R-OH) introduced a bipartisan bill to overhaul the Federal Election Commission (FEC) and break the gridlock that has left the federal campaign finance watchdog incapable of performing many of… Continue reading

“Members of Congress propose politicization of government contracts”

June 25, 2015, 2:00 pmcampaign financeRick Hasen

Eric Wang has written this oped in The Hill.

Justice Alito Sends Conflicting Signals on Amicus Briefs in Federalism Cases

June 25, 2015, 12:46 pmSupreme CourtRick Hasen

I found this statement in Justice Alito’s dissent in the Fair Housing case to be curious: The Court also stresses that “many of our Nation’s largest cities—entities that are potential defendants in disparate-impact suits—have submitted an amicus brief in… Continue reading

“New Rick Perry Super PAC Ad May Amount to an Illegally Large Campaign Donation”

June 25, 2015, 12:14 pmcampaign finance, campaignsRick Hasen

Shane Goldmacher National Journal: A new ad from the super PAC supporting Rick Perry may amount to an illegally sized campaign contribution because it prominently features official signs and paraphernalia from the Perry campaign. The 30-second spot, which began… Continue reading

NYT Reporter to Cover Plutocracy Beat

June 25, 2015, 12:04 pmPlutocrats UnitedRick Hasen

Interesting development.

Chief Justice Roberts is Still Very Conservative

June 25, 2015, 11:53 amSupreme CourtRick Hasen

Josh Gerstein rounds up angry conservative reactions to the Obamacare ruling. And of course they are angry. But let’s put this into context: on racial issues, on campaign finance, on states’ rights, abortion, Roberts is still very, very conservative. He… Continue reading

“Small number of possible voter fraud cases referred to county prosecutors”

June 25, 2015, 11:43 amchicanery, election administrationRick Hasen

News from Ohio.

“W.H., Watchdogs rail against ‘dark money’ provision tucked into House bill”

June 25, 2015, 8:54 amcampaign finance, tax law and election lawRick Hasen

WaPo: The House Appropriations Committee approved a spending bill last week that included little-noticed provisions to hobble executive branch efforts to mandate campaign finance disclosure by federal contractors and other corporations. The bill would also prohibit the IRS from… Continue reading