U.S. Supreme Court Summarily Affirms Redistricting Plan that Counts Prisoners as Residents of Their Last Home Before Incarceration

On June 25, the U.S. Supreme Court summarily affirmed the decision of a 3-judge panel in Maryland, in Fletcher v Lamone, 11-1178. Maryland and a handful of other states now draw congressional and legislative districts under the assumption that prisoners should be tallied (for redistricting purposes) in the community in which they lived before they were imprisoned, instead of in the town where the prison is located.

The 3-judge court had upheld Maryland’s system. Today’s summary affirmance means that other states are now free to follow the same policy, without fear that that method of counting prisoners is unconstitutional.

The effect of Maryland’s system is to give less representation in the U.S. House, and in the state legislature, to communities in which prisons are located. Generally, prisons are in smaller towns, and generally prisoners come from large urban areas, so the Maryland system usually means increased representation for urban areas.

U.S. Supreme Court Takes No Action Yet on Arizona Voter Registration Case

The U.S. Supreme Court did not take any action on Monday, June 25, in Arizona v Gonzalez, 11A-1189. This is the case over whether Arizona can supplement the federal voter registration form with extra questions. The state wants information that is not requested on the federal form; specifically the state wants proof that the applicant is a citizen. The Court will probably take some action on Thursday, June 28, because that is the last day the Court sits, until October.

The Ninth Circuit had ruled against the state, and the U.S. Supreme Court is expected to say whether the Ninth Circuit’s action should be stayed, during the next few months, during the period in which the state will be asking the Supreme Court to hear its appeal.

Utah Holds Nation’s Last Presidential Primary on Tuesday, June 26

The presidential primary season comes to a close on Tuesday, June 26, when Utah holds its presidential primary and its primary for all other office. Utah doesn’t print up primary ballots unless there is a contest, so the only party with a presidential primary is the Republican Party. The five candidates in that primary are: Newt Gingrich, Fred Karger, Ron Paul, Mitt Romney, and Rick Santorum.

The Constitution Party has a contested gubernatorial primary, and is the only party in Utah to have a gubernatorial primary. See this story. Any registered voter is free to vote in the Constitution Party’s primary.

U.S. Supreme Court Strikes Down Montana Law that Bans Corporate Spending in Elections

On June 25, the U.S. Supreme Court summarily struck down Montana’s law that makes it illegal for corporations to make independent expenditures for or against candidates for state and local office. The case is American Tradition Partnership v Bullock, 11-1179. Here is the very brief opinion. The vote was 5-4.

On December 30, 2011, the Montana Supreme Court had voted to uphold the Montana law by a vote of 5-2. The Montana Supreme Court decision seemed to defy the U.S. Supreme Court 2010 decision in Citizens United v FEC. That is why the U.S. Supreme Court majority felt there was no need to set the case for oral argument and full briefing. The 4-person minority on the U.S. Supreme Court would have simply refused to hear the Montana case, which would have left the Montana law in place.