While attention rightly will be focused on the Supreme Court’s decision today to hear the challenge to the Obama immigration orders, two election law points of note in today’s order list.
- First, the Court refused to hold in contempt the group that is holding a convention related to Native Hawaiian rights. For those following this issue, the Court earlier enjoined an election to this convention body, which was challenged on grounds that it violated the 15th amendment’s prohibition on the use of race in voting. In response, those holding the convention announced that all candidates who were running for office may serve as delegates to the convention. (The Oprah election.) Opponents then argued that holding the convention itself with these delegates constituted a contempt of the Court’s earlier order, Today the Court, without comment, denied the contempt finding. This seems like the right call.
- The Court denied cert. in the Sissel v. United States case, which argued that the Obamacare law violated that part of the Constitution which requires that bills raising revenue originate in the House of Representatives. I thought this case had a chance for review, given the very interesting Judge Kavanaugh dissent from the D.C. Circuit’s refusal to take the case en banc.