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rickhasen's profile
Rick Hasen
Rick Hasen
Rick Hasen
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@rickhasen

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Rick HasenVerified account

@rickhasen

Professor of Law and Political Science at UC Irvine; Election Law Blogger. Author #JusticeofContradictions coming March 2018 http://amzn.to/2CoWbzx 

Studio City, California
electionlawblog.org
Joined June 2009

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    1. Rick Hasen‏Verified account @rickhasen Jul 4

      Rick Hasen Retweeted Morning Edition

      On this Independence Day, when we celebrate the U.S. as a democracy and as we await a Scalia-like successor to Justice Kennedy to be nominated for #SCOTUS, some thoughts on how the Court could set the cause of voting rights back significantly in the years to come: /1https://twitter.com/MorningEdition/status/1014539335876501505 …

      Rick Hasen added,

      Morning EditionVerified account @MorningEdition
      Justice Kennedy's successor could have an impact on voting rights, specifically on the issue of partisan gerrymandering, @rickhasen says. https://n.pr/2tSNOa8  pic.twitter.com/IZopK8RTsJ
      9 replies 198 retweets 241 likes
      Show this thread
    2. Rick Hasen‏Verified account @rickhasen Jul 4

      The first way that the Court can negatively affect voting rights is by holding that democracy-enhancing laws like the Voting Rights Act or campaign contribution limits are unconstitutional. The second way is by upholding state laws making it harder to register and vote. /2

      1 reply 36 retweets 63 likes
      Show this thread
    3. Rick Hasen‏Verified account @rickhasen Jul 4

      In the first category, at the top of my list is that #SCOTUS with a fifth hard conservative on race could either hold that Section 2 of the Voting Rights Act is an unconstitutional racial classification or interpret it so weekly it dies death by 1,000 cuts /3

      3 replies 23 retweets 42 likes
      Show this thread
      Rick Hasen‏Verified account @rickhasen Jul 4

      With CJ Roberts as new median (not exactly "swing" Justice), I expect he will weigh heavily the political cost of directly overturning precedents, and may prefer "death by 1,000 cuts" route. Still, race colorblindness is one of his key issues, and that's bad news for the VRA /4

      11:54 AM - 4 Jul 2018
      • 20 Retweets
      • 40 Likes
      • KB Vinz LynneMarie theBitterFig Steflott JoAnne O’Bar Legat Elise Salomon Garrett Wollman Andria Krewson Krishan P🎃t👻l
      1 reply 20 retweets 40 likes
        1. New conversation
        2. Rick Hasen‏Verified account @rickhasen Jul 4

          For example, they could start by overturning the California Voting Right Act, and then narrowly read the federal VRA in order to "avoid" constitutional difficulties with reading it as it has been traditionally interpreted. /5

          2 replies 18 retweets 29 likes
          Show this thread
        3. Rick Hasen‏Verified account @rickhasen Jul 4

          The new five conservative Justices could well kill the "soft money" provisions of the McCain-Feingold law, and eventually hold that it is unconstitutional to limit the amount of money individuals or corporations could give directly to candidates /6

          1 reply 22 retweets 40 likes
          Show this thread
        4. Rick Hasen‏Verified account @rickhasen Jul 4

          Or they could take a case which raises the "evidentiary burden" to sustain the constitutionality of campaign contribution limits, without directly striking them down. That would look better but have the same negative result for our democracy. /7

          1 reply 17 retweets 29 likes
          Show this thread
        5. Rick Hasen‏Verified account @rickhasen Jul 4

          Court could also hold that voter initiatives which rein in partisan gerrymandering in congressional elections violates Constitution by taking away state *legislatures* power to set federal voting rules. Roberts wrote bitter dissent in 5-4 2015 Az. case rejecting that argument /8

          1 reply 18 retweets 31 likes
          Show this thread
        6. Rick Hasen‏Verified account @rickhasen Jul 4

          That holding would mean that any voter initiated rules purporting to regulate congressional elections in the name of fostering democracy could be unconstitutional. /9

          1 reply 16 retweets 29 likes
          Show this thread
        7. Rick Hasen‏Verified account @rickhasen Jul 4

          These earlier examples show how the Court could strike down democracy-enhancing rules in the name of favoring its (contested) reading of the 1st Amendment, Equal Protection Clause and other parts of Constitution. But there's more: /10

          1 reply 19 retweets 31 likes
          Show this thread
        8. Rick Hasen‏Verified account @rickhasen Jul 4

          The Court can also give the green light to state rules that could make it harder to register and to vote, and that dilute minority voting power. For example: /11

          1 reply 20 retweets 27 likes
          Show this thread
        9. Rick Hasen‏Verified account @rickhasen Jul 4

          The Court could hold that states could draw new legislative and congressional districts made up of equal numbers of citizens (or voters), not of people. Court left that issue open in Evenwel and it seems to interest Alito and Thomas (and likely Gorsuch and any new Justice) /12

          1 reply 16 retweets 26 likes
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        10. Rick Hasen‏Verified account @rickhasen Jul 4

          Especially if coupled with new citizenship question on census, this could have a very negative effect on minority populations and large states with non-citizens. /13

          1 reply 15 retweets 25 likes
          Show this thread
        11. Rick Hasen‏Verified account @rickhasen Jul 4

          The Court already seems poised to uphold stricter voter identification laws, and potentially documentary proof of citizenship laws, cutbacks on early voting and eased voter registration rules and other rules passed in red states to make it harder to vote /14

          1 reply 22 retweets 28 likes
          Show this thread
        12. Rick Hasen‏Verified account @rickhasen Jul 4

          So what can be done? --Political struggle can often help, such as the ballot measure in Florida to make it easier for felons who have completed their sentences to have their voting rights restored /15

          1 reply 18 retweets 35 likes
          Show this thread
        13. Rick Hasen‏Verified account @rickhasen Jul 4

          ---States like North Carolina, which has seen a terrible run of restrictive voting rules passed by the general assembly, need an end to the veto-proof legislative majority

          1 reply 17 retweets 40 likes
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        14. Rick Hasen‏Verified account @rickhasen Jul 4

          ---Reform needs to be mandated within the confines of what the Court declares. Public financing of campaigns, at least for now, seems safe if it could be enacted. ---Congress could outlaw partisan gerrymandering if there were the political will

          1 reply 14 retweets 36 likes
          Show this thread
        15. Rick Hasen‏Verified account @rickhasen Jul 4

          But the first step of the battle is educating and organizing about the stakes in the current Supreme Court battle. I've long sounded the alarm: https://talkingpointsmemo.com/cafe/supreme-court-greatest-civil-rights-cause … but until Kennedy left few outside law paid attention /18

          1 reply 28 retweets 37 likes
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        16. Rick Hasen‏Verified account @rickhasen Jul 4

          I talk about the stakes on voting rights here @slate: https://slate.com/news-and-politics/2018/07/justice-kennedys-successor-will-wreak-havoc-on-voting-rights-and-democracy.html … /19

          1 reply 26 retweets 30 likes
          Show this thread
        17. Rick Hasen‏Verified account @rickhasen Jul 4

          And I've demonstrated what it means for President Trump to appoint another Scalia to the Court on the question of voting rights in great detail in this book on Scalia's legacy https://www.amazon.com/Justice-Contradictions-Antonin-Politics-Disruption/dp/0300228643/ref=sr_1_1?ie=UTF8&qid=1516904231&sr=8-1&keywords=richard+l.+hasen … /20

          1 reply 14 retweets 21 likes
          Show this thread
        18. Rick Hasen‏Verified account @rickhasen Jul 4

          Things may get worse before they get better. Who knows if Thomas will go, and if Ginsburg and Breyer can hold on until there's a new Presidential election. Republicans losing their majority in the Senate might stop appointment of most extreme #SCOTUS candidates after midterms /21

          2 replies 19 retweets 33 likes
          Show this thread
        19. Rick Hasen‏Verified account @rickhasen Jul 4

          But as I wrote here @Slate, this is a moment for political action, not complacency, even if the battle against a new Trump #SCOTUS nominee will almost certainly be lost /22https://slate.com/news-and-politics/2018/06/trump-will-replace-kennedy-with-a-scalia-clone-only-one-thing-might-stop-him.html …

          1 reply 27 retweets 44 likes
          Show this thread
        20. Rick Hasen‏Verified account @rickhasen Jul 4

          Political organizing now can help down the line later, as there will be many battles to preserve voting and democracy ahead. It won't be easy, but our country and the promise of what it can be (someday and again), demands that we try. /end

          4 replies 31 retweets 88 likes
          Show this thread
        21. End of conversation

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