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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. My books: https://amzn.to/2R22PEa 

Studio City, California
electionlawblog.org
Joined June 2009

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    1. Rick Hasen‏Verified account @rickhasen Jan 3

      There's an excellent chance that tomorrow the Supreme Court will announce it will take up (again) the question whether partisan gerrymandering is unconstitutional. Don't take an agreement to hear case as a sign the Court will police gerrymandering. It is actually the opposite. /1

      13 replies . 294 retweets 477 likes
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    2. Rick Hasen‏Verified account @rickhasen Jan 3

      A three-judge district court found that North Carolina's congressional districts were an unconstitutional partisan gerrymander. These kinds of cases come up to #SCOTUS on "appeal" not a "cert. petition" and a ruling not to hear an appeal means the lower court got it right. /2

      3 replies . 39 retweets 119 likes
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    3. Rick Hasen‏Verified account @rickhasen Jan 3

      So it's almost impossible to believe that Court won't hear the North Carolina case. Last term the Court ducked the merits in the Wisconsin partisan gerrymandering case. But it is clear that the conservatives on the Court are skeptical federal courts can police gerrymandering. /3

      2 replies . 32 retweets 91 likes
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    4. Rick Hasen‏Verified account @rickhasen Jan 3

      The wildcard last year was Justice Kennedy, who had vacillated on the question whether courts could hear partisan gerrymandering cases since 2004. The Court's punt in Wisconsin was because Kennedy wasn't ready to join the four liberals to start federal courts policing this. /4

      1 reply . 30 retweets 93 likes
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    5. Rick Hasen‏Verified account @rickhasen Jan 3

      And now Kennedy is gone, replaced by Kavanaugh. We don't know what Justice Kavanaugh thinks specifically about partisan gerrymandering, but his general ideological orientation makes me very skeptical he'd vote to have courts enter this "political thicket." /5

      3 replies . 35 retweets 114 likes
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    6. Rick Hasen‏Verified account @rickhasen Jan 3

      It's not impossible that Kavanaugh or even CJ Roberts is willing to police partisan gerrymandering, but I wouldn't bet on it. They might look for another way to sidestep the issue in NC, and in a Maryland case also pending. /6

      1 reply . 30 retweets 89 likes
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    7. Rick Hasen‏Verified account @rickhasen Jan 3

      But they won't be able to duck partisan gerrymandering forever. And if they don't police there will be more egregious gerrymanders in states with unified control of legislature and governship where they draw district lines. /7

      1 reply . 29 retweets 119 likes
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    8. Rick Hasen‏Verified account @rickhasen Jan 3

      I do like the argument of @ProfGuyCharles and Luis Fuentes-Rohwer that if the Court really wants to stay out of the thicket overall, it is better to police the most egregious cases. https://harvardlawreview.org/2018/11/judicial-intervention-as-judicial-restraint/ … That's the best pitch to Roberts /8

      2 replies . 35 retweets 114 likes
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      Rick Hasen‏Verified account @rickhasen Jan 3

      But I'm bearish & suggested that if the Court decides that federal courts cannot hear partisan gerrymandering cases, it's next target could be to declare unconstitutional the use of nonpartisan redistricting commissions to draw congressional districts. https://blog.harvardlawreview.org/the-next-threat-to-redistricting-reform/ … /9

      6:30 pm - 3 Jan 2019
      • 52 Retweets
      • 96 Likes
      • James Moody Let Freedom Ring! B Gerry Cohen Max Kennerly Linda B. Javier Ortiz Zulueta Mary Cotey Jessica Josephson
      10 replies . 52 retweets 96 likes
        1. Rick Hasen‏Verified account @rickhasen Jan 3

          Bottom line is that not only should we not expect #SCOTUS to save us from bad politics; we should expect that #SCOTUS will continue to make political reform less possible. 10/10

          14 replies . 95 retweets 251 likes
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        2. Matt Kuhns‏ @mjkuhns Jan 3
          Replying to @rickhasen

          I have thought for some time that it's very, very likely this is coming. "Only state legislatures can draw congressional districts" is now firm Republican dogma. They aren't subtle about it. And there are now at least four GOP partisan operatives on the court

          2 replies . 1 retweet 2 likes
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        2. C-SPANNotFox‏ @Onhereforthene1 Jan 3
          Replying to @rickhasen

          Rick, are there any other examples of Roberts voting to overrule a precedent that is this fresh? (As fresh as the first Arizona case?) Didn't Citizens United overrule a precedent only a few years old? It seems like Robert's respect for precedent is my only hope.

          1 reply . 0 retweets 1 like
        3. Emm Martin‏ @emmartin173 Jan 3
          Replying to @Onhereforthene1 @rickhasen

          Roberts has no more respect for precedent than any of the other 'conservatives'. But, the SCOTUS press has belatedly started picking on their MO of chip, chip away until precedent's gone. Reversal in a case as fresh as AZ would reveal them for what they are.

          1 reply . 0 retweets 3 likes
        4. C-SPANNotFox‏ @Onhereforthene1 Jan 4
          Replying to @emmartin173 @rickhasen

          Yes, you're right. He doesn't really care much about precedent for its own sake, but he does seem to have less of an appetite for disruption than the others. Then again, sometimes he has a HEALTHY desire to stir things up. What I'm getting at only applies some of the time....

          1 reply . 0 retweets 0 likes
        5. Emm Martin‏ @emmartin173 21h21 hours ago
          Replying to @Onhereforthene1 @rickhasen

          He's just more calculated & knows better how far they can go without attracting the attention of the MSM & blowing their cover as the anti-democratic religious extremists they are. But, as long as MSM views Federalist Society as main stream, they're safe.

          0 replies . 0 retweets 0 likes
        6. End of conversation
        1. Jeff Schwarz‏ @jeffaschwarz Jan 3
          Replying to @rickhasen

          So in essence you're saying they're going to make it unconstitutional to draw neutral lines? The lines must be drawn by politicians? Whoa!

          0 replies . 0 retweets 2 likes
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        1. Diana Flynn‏ @DianaKFlynn 20h20 hours ago
          Replying to @rickhasen

          Yes, blocking voluntary electoral reform by a state. I guess that is what passes for jurisprudential conservatism these days.

          0 replies . 0 retweets 0 likes
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        1. Crooked Stable Genius‏ @ButtersV2 21h21 hours ago
          Replying to @rickhasen

          Would this make the independent drawing commission in California illegal? 🤔

          0 replies . 0 retweets 0 likes
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        1. Brad Simpson‏ @bradleyrsimpson 21h21 hours ago
          Replying to @rickhasen

          Rick, What would be the legal or constitutional basis for declaring the non-partisan drawing of Congressional or State district lines unconstitutional? Why wouldn’t the SC just punt and say it can’t devise a clear threshold for unconstitutionally partisan gerrymandering?

          0 replies . 0 retweets 0 likes
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        1. Snarquebus‏ @BarackDaVote 21h21 hours ago
          Replying to @rickhasen

          Neither Roberts nor Kavanaugh have the appetite to take up something so public and risky. The Court is as sensitive to outside commentary as any political body. Disrupting the Arizona precedent less than five years after it was handed down would make the Roberts Court look a fool

          0 replies . 0 retweets 0 likes
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        1. Julie needs a run Novkov‏ @NovkovJulie 24h24 hours ago
          Replying to @rickhasen

          OMG this is a depressing article! Thanks so much for ruining my day. Bullshit originalism rides to the rescue again.

          0 replies . 0 retweets 0 likes
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        1. David Karol‏ @DKarol Jan 3
          Replying to @rickhasen

          But they would still allow commissions that drew state legislative districts, right? Not saying that is a great outcome.

          0 replies . 0 retweets 0 likes
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