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rickhasen's profile
Rick Hasen
Rick Hasen
Rick Hasen
Verified account
@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 Feb 19

      Rick Hasen Retweeted Saul Zipkin

      Why would a private individual have standing to sue for the Legislature's (alleged) injury under the elections clause?https://twitter.com/SaulZipkin/status/965757609503612928 …

      Rick Hasen added,

      Saul Zipkin @SaulZipkin
      Replying to @ssamcham @rickhasen
      Why couldn't someone not a party to this case file suit in fed court claiming their new district violates the Elections Clause of the federal constitution and so infringes right to vote? It wouldn't be a collateral challenge to the state decision. Not saying they'd win of course.
      3 replies 2 retweets 11 likes
    2. michaelmorley11‏ @michaelmorley11 Feb 19
      Replying to @rickhasen

      If the state supreme court's map assigns a voter to a different congressional district than the legislature's map, such a reassignment could constitute an injury-in-fact. Lance v. Coffman is the major obstacle to standing here, but didn't expressly discuss that issue.

      1 reply 0 retweets 0 likes
    3. Rick Hasen‏Verified account @rickhasen Feb 19
      Replying to @michaelmorley11

      But the injury is to the Legislature's power, not the voter's. I don't see it. And there are other standing (Lance) and abstention issues, not to mention the merits.

      2 replies 0 retweets 0 likes
    4. michaelmorley11‏ @michaelmorley11 Feb 19
      Replying to @rickhasen

      On the merits, I think the argument is much stronger than you do. Historically, several state supreme courts have held that state constitutions don't bind a legislature when drawing cong'l districts. US House of Reps once resolved a congressional election contest on that basis

      2 replies 0 retweets 0 likes
    5. michaelmorley11‏ @michaelmorley11 Feb 19
      Replying to @michaelmorley11 @rickhasen

      Several commentators from the past century, in completely nonpartisan contexts, endorsed the "independent state legislature" doctrine, as well. And the Court's language (dicta?) in McPherson v. Blacker embraces it too in Article II context.

      1 reply 0 retweets 0 likes
      Rick Hasen‏Verified account @rickhasen Feb 19
      Replying to @michaelmorley11

      I can't imagine the courts going down this road now, especially after the Arizona Independent Redistricting Commission case.

      5:34 PM - 19 Feb 2018
      • 1 Like
      • Sasha Samberg-Champion
      0 replies 0 retweets 1 like

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