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Oct 5, 2007 -- Legal Center Weekly Report: October 5, 2007 U.S. Supreme Court Hears Oral Argument in NY Judicial Selection Case
Earlier this week, the Supreme Court heard oral argument in New York State Board of Elections v. Lopez- Torres, a constitutional challenge to New York's statutorily-mandated system of nominating candidates for the elective office of trial court justice by party convention. The Second Circuit Court of Appeals found that this system violated the constitutional rights of party members and judicial candidates because it was designed to ensure that political party leaders - not the voters - controlled the outcome of judicial nominations. In the words of the Second Circuit, "through a Byzantine and onerous network of nominating phase regulations . . . New York has transformed a de jure election [of judges] into a de facto appointment." The Legal Center filed an amici brief in the Supreme Court urging that the decision of the Second Circuit be affirmed. A decision is expected either late this year or in early 2008.
Today, Campaign Legal Center Executive Director, J. Gerald Hebert, commended Senators Barack Obama (D-IL) and Russ Feingold (D-WI) for raising objections to the nomination of Hans von Spakovsky to serve on the Federal Election Commission (FEC). He stated, "Those objections will have the effect of subjecting the nomination of Hans von Spakovsky to the scrutiny it deserves and both senators are to be commended for raising them."
Mr. Hebert goes on to say, "This is not a nomination that can be overlooked and rubber stamped in the interest of political expediency. The closer examination afforded by a delayed vote on von Spakovsky's nomination will reveal a demonstrated record of extreme partisanship and grossly inappropriate politicization of the Department of Justice by the nominee."
Reform groups sent a letter this week to Senate Majority Leader Harry Reid (D-NV), urging him "to take the steps necessary to ensure that separate votes are held in the Senate on the nominations of Robert Lenhard, David Mason, Hans von Spakovsky and Steven Walther to serve as Commissioners on the Federal Election Commission."
The reform groups include the Campaign Legal Center, Common Cause, Democracy 21, the League of Women Voters, Public Citizen and U.S. PIRG.
According to the letter, "As you know, the pending FEC appointments include a controversial nomination. It appears that efforts are being made to bypass the normal process used to confirm Presidential appointments in order to ensure this controversial nominee's confirmation by packaging him with the other FEC nominees to have just one vote on all four of the nominees together, thereby evading a specific vote on the controversial nominee."
Meredith McGehee, Campaign Legal Center Policy Director, issued a statement this week marking the five month anniversary of the House Ethics Task Force's missed deadline for recommendations issued to them by Speaker Nancy Pelosi (D-CA). Task Force Chair Michael Capuano (D-MA) and Ranking Member Lamar Smith (R-TX) were assigned by leadership to offer recommendations on improving the ethics enforcement process which has been nearly inactive in recent years while operating under an unofficial "truce."
The Legal Center's Associate Legal Counsel Paul S. Ryan addressed a Heritage Foundation roundtable Thursday regarding the Federal Election Commission's rulemaking under way to interpret the Supreme Court's recent decision in Wisconsin Right to Life. Also addressing the roundtable was Wisconsin Right to Life's counsel, James Bopp. In attendance were FEC Chairman Robert D. Lenhard and Vice Chairman David M. Mason, along with numerous other political attorneys who filed comments with the FEC in the rulemaking this week.
Legal Center Blog Highlights
Each week, the Campaign Legal Center staff posts blog entries on its site, www.clcblog.org . Click to read this week's entries: " 'Substantial and Justifiable Concerns' re Mr. von Spakovsky ," " The Senate Should Care About Truthful Witnesses ," " More von Spakovsky Opponents Urge Senate Rejection ," " Reality Check for Gingrich ," and " Legal Center Files Comments In WRTL Rulemaking - And Bob Bauer Agrees (At Least In Part)! " or to sign up for the blog, click here .
To read a variety of this week's editorials and articles on a variety of Campaign Legal Center issues, please click here . |
