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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

      1/2 That's more of a prudential standing issue than an Article III constitutional standing issue, though, right? Plaintiffs reassigned to different congressional districts and reps can show injury, causation, and redressability.

      2 replies 0 retweets 0 likes
      Rick Hasen‏Verified account @rickhasen Feb 19
      Replying to @michaelmorley11

      I don't concede on injury. But gotta go now. Enjoy the federal courts discussion.

      5:38 PM - 19 Feb 2018
      1 reply 0 retweets 0 likes
        1. michaelmorley11‏ @michaelmorley11 Feb 19
          Replying to @rickhasen

          Assignments to the "wrong" legislative district have been held sufficient to give rise to Art. III standing in many contexts. I think prudential standing is your best counterarg. And you're descriptively right about AIRC ruling sending bad signals about Court's position on merits

          0 replies 0 retweets 0 likes
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