On January 9, the U.S. Supreme Court announced that it will hear NAMUDNO v Mukasey, the case from Texas that challenges section 5 of the Voting Rights Act. Section 5 is the part of the federal act that requires certain states to get permission from the U.S. Department of Justice before altering any election law. The lower court had upheld the law, in a decision last year.
On January 7, backers of California’s Proposition 8 filed a federal lawsuit, asking that they be exempted from complying with California election laws that require disclosure of the names of people who give as much as $100 to a campaign for or against an initiative. The case is ProtectMarriage.com v Bowen, no. 2:09-cv-00058 (Sacramento). It was assigned to U.S. District Court Judge Morrison England, who was appointed in 2002. The case depends on the 1982 U.S. Supreme Court precedent Brown v Socialist Workers ’74 Campaign Committee, which said that disclosure is not compelled if there is a reasonable possibility that campaign contributors, if identified, will be subject to harassment. Besides the Socialist Workers Party, other groups that have won freedom from disclosure include the Freedom Socialist Party, Socialist Action, and the Communist Party.
The U.S. Supreme Court holds a conference on January 9. The Court will consider whether to hear Northwest Austin Municipal Utility District Number One v Mukasey, no. 08-322. Usually the case is referred to as the acronym “NAMUDNO v Mukasey.” This New York Times op-ed explains the drama behind this case. Unlike most cases, the Court can’t simply refuse to take a position. It must either affirm the lower court ruling, or set the case for a full hearing in the U.S. Supreme Court itself.
Also on the January 9 conference is one of the many cases involving President-Elect Barack Obama’s qualifications. Similar cases are on two more conferences later this month.
The Court generally doesn’t say what it decided on the day it holds a conference. Most information about the conference is not released until the following workday. In this case, the following workday is Monday, January 12.
On January 7, the New York Senate elected new officers, and for the first time since 1965, Democrats are in charge. Although the November 2008 election had resulted in 32 Democrats and 30 Republicans being elected, there had been no certainty that Republicans would lose control, because 3 New York City Democrats had threatened to vote with Republicans, for the purpose of organizing the Senate.
On January 6, the U.S. Supreme Court asked Ralph Nader to respond to Arizona’s request that the Court take the Nader Arizona case. The response is due February 6. The case is called Brewer v Nader, 08-648. The issues are the validity of Arizona’s early June petition deadline for independent presidential candidates, and the state’s ban on out-of-state circulators.
