Gary Johnson and Jill Stein Lose Anti-Trust Debates Lawsuit

On August 29, the U.S. Court of Appeals rejected the lawsuit filed by Gary Johnson and Jill Stein against the Commission on Presidential Debates.  Johnson v Commission on Presidential Debates, 16-7107.  The 11-page decision is written by Judge Janice Rogers Brown, who has been hostile to minor parties and independents throughout her whole career, which began on the California Supreme Court and then extended to the U.S. Court of Appeals, D.C. Circuit.  She wrote that the plaintiffs lack standing

Judge Cornelia Pillard, an Obama appointee, wrote separately to say that the plaintiffs do have standing, but that they still cannot win the case for other procedural reasons.

Judge Brown, while on the California Supreme Court, wrote the 2002 opinion in Edelstein v Nishioka.  It said that nothing in the California Constitution, nor the U.S. Constitution, protects the right of voters to cast a write-in vote.  It reversed a 1986 decision of the California Supreme Court, Canaan v Abdelnour, which had said both constitutions do protect the right of voters to vote for anyone they wish.  In 2012, Brown, while on the D.C. Circuit, upheld the postal regulation that bans petitioning on interior postal sidewalks.

The other debates lawsuit, Level the Playing Field v FEC, is still pending in U.S. District Court, and has a much more sympathetic judge.  Thanks to Rick Hasen for the news.

Alabama Bill to Eliminate Odd Year Special Elections for U.S. Senate

Although the Alabama legislature is not in session, legislators are already filing bills for the 2018 session.  According to this article, Representative Steve Clouse (R-Ozark) has filed a bill to eliminate odd year special elections for U.S. Senate.

The Constitution permits states to let gubernatorial appointees to the Senate serve as long as two years, before that seat gets an election.  Most states do not hold special U.S. Senate elections, except in November of even-numbered years.

Alabama is having a special U.S. Senate election later this year, and Representative Clouse says that election costs taxpayers too much money.

Political Scientist Seth Masket Article on Kasich-Hickenlooper Independent Bipartisan Ticket

Even though it appears Governors John Kasich (R-Ohio) and John Hickenlooper (D-Colorado) won’t actually run for president and vice-president on a single independent bipartisan ticket in 2020, Political Scientist Seth Masket has written about the concept for Pacific Standard magazine.

Pacific Standard is both a print and internet magazine, published in Santa Barbara, California.  It was formerly the Miller-McCune magazine.

North Carolina Legislature Doesn’t Finish Redistricting

On Monday, August 28, the North Carolina House passed the bill redistricting the State House, HB 927.  But even though it was then sent to the Senate, the Senate did not act on it, and the legislature has adjourned for the day.

Last week, the Senate had passed SB 691, the bill redistricting the State Senate, but the House still hasn’t acted on that bill.

The legislature will reconvene on Tuesday, August 29, at 2 p.m.