Upcoming Important U.S. Supreme Court Case on Freedom of Association Draws Top Attorneys

Last December, the U.S. Supreme Court agreed to hear Christian Legal Society v Martinez, 08-1371. Although this is not an election law case, the opinion will probably influence election law, because it is a case on freedom of association, and that inevitably affects the law on political parties.

The case concerns whether Hastings Law School in San Francisco is violating the U.S. Constitution by requiring student groups that it recognizes to open their doors to membership by any law student at the school. The Christian Legal Society does not wish to have members that disagree with its principles, which include a belief that unmarried individuals should not engage in any sexual activity.

Both sides have recently attracted top-flight legal talent to represent them in the case. Former U.S. Court of Appeals Judge Michael McConnell will argue for the Christian Legal Society. Former Solicitor General Gregory Garre will argue for the law school. See this article. The Christian Legal Society brief is due January 28, and the school’s brief is due March 8.

U.S. District Court in Arizona Tentatively Invalidates One Aspect of Public Funding Law

On January 14, U.S. District Court Judge Roslyn Silver, a Clinton appointee, issued a tentative 18-page opinion in McComish v Brewer, cv-08-1550. The tentative opinion says that part of Arizona’s Public Funding law for candidates for state office is unconstitutional. Specifically, the decision strikes down the part of the law that says when a privately-funded candidate manages to raise a large amount of money privately, then that candidate’s publicly-funded opponents get a substantial additional amount of public funding.

Judge Silver set another oral argument for January 15, to give the state a chance to persuade her that her tentative opinion is wrong. See this story. Thanks to Bill Van Allen for the link to the decision.

Congressional Bill to Help States Set Up On-Line Voter Registration Applications

On January 13, U.S. House member Kevin McCarthy (R-California) and Gregg Harper (R-Mississippi) introduced HB 4449. It provides financial assistance to states that set up procedures by which people can register to vote on-line. It provides that states, in order to receive this financial assistance, must set up their system so that only individuals who already have state ID may use the on-line system.

New York Times Article on Libertarian Candidate for U.S. Senate Is Itself Newsworthy

Several blogs that cover politics and election law have linked to this New York Times story about Joseph Kennedy, the Libertarian Party candidate for U.S. Senate in the January 19, 2010 special election in Massachusetts.

In my memory, the New York Times has never before devoted so much space to any Libertarian candidate for either house of Congress, in the entire history of the Libertarian Party. Libertarian Party candidates for U.S. Senate have held the balance of power in U.S. Senate elections in 1998, 2000, 2002, 2006, and 2008, but one would never know this from reading the New York Times, which generally never mentions Libertarian Party candidates for office other than President.

These prior Libertarian U.S. Senate candidates were: in 1998, Michael Cloud in Nevada; in 2000, Jeff Jared in Washington; in 2002, Kurt Evans in South Dakota; in 2006, Stan Jones in Montana; and in 2008, Charles Aldrich in Minnesota (the 2008 instance also featured an even larger effect by an Independence Party nominee).