See this letter. I am obviously pleased that this issue is getting the Judiciary Committee’s attention, though I think Sen. Specter’s connection of one person, one vote with Shaw v. Reno is a bit of an odd way of getting at things.
If Senator Specter or others on the Judiciary Committee want to explore other election law issues in which a Justice Alito could be a decisive vote, here are some other questions to consider asking (even if the Judge will refuse to answer some of the questions as encompassing issues likely to come before the Supreme Court):
1. Do you believe that South Carolina v. Katzenbach was rightly decided, and do you think that the constitutionality of sections 2 and 5 of the Voting Rights Act have been called into question by City of Boerne v. Flores and its progeny?
2. Do you agree with the Supreme Court’s recent 5-4 decision in McConnell v. FEC, upholding most of the provisions of the Bipartisan Campaign Reform Act (the “McCain-Feingold law”)? More generally, do you agree with the kind of deference to legislative decisions on campaign finance regulation put forward by Justice Breyer in his recent book, Active Liberty?
3. Some have suggested that cases like Bush v. Gore suggest that the Supreme Court should exit from the political thicket. Do you agree with this sentiment? Should courts entertain challenges that particular districting plans constitute partisan gerrymanders?
4. Do you agree with the Supreme Court’s opinion in Republican Party of Minnesota v. White? Does the First Amendment require treating judicial elections like all other elections?
5. What role do you believe federal courts should play in resolving disputed elections?