EMILY's List v. FEC

At a Glance

In January 2005, EMILY’s List challenged multiple FEC regulations regarding use of federal “hard money” to pay for activities directed at both state and federal elections. In 2009, the U.S. Court of Appeals for the D.C. Circuit struck down three challenged FEC regulations, holding that they violated the First Amendment and exceeded the FEC’s authority...
Status
Closed
Updated
About This Case/Action

In January 2005, EMILY’s List challenged multiple FEC regulations regarding use of federal “hard money” to pay for activities directed at both state and federal elections. Specifically, EMILY’s List challenged an FEC regulation requiring organizations with both a federal political committee and an affiliated 527 organization to use federal “hard money” (i.e., funds raised in compliance with federal contribution limits) to pay at least 50 percent of its costs related to both federal and non-federal elections (e.g., administrative expenses). EMILY’s List also challenged the FEC’s definition of “contribution” to include funds raised in response to solicitations that indicate that the money will be used “to support or oppose” the election of federal candidates. In 2009, the U.S. Court of Appeals for the D.C. Circuit struck down three challenged FEC regulations, holding that they violated the First Amendment and exceeded the FEC’s authority.

Plaintiffs

EMILY's List

Defendant

FEC

National Association of Manufacturers (NAM) v. Taylor

At a Glance

In February 2008, the National Association of Manufacturers (NAM) challenged a provision in the Honest Leadership and Open Government Act (HLOGA) that requires a lobbying coalition, such as NAM, to disclose any member organizations of the coalition that fund the coalition’s lobbying activities and “actively participate” in such lobbying activities. The D.C. Circuit Court of Appeals affirmed the constitutionality of the disclosure provision on September 8, 2009...

Status
Closed
Updated
Issues
About This Case/Action

In February 2008, the National Association of Manufacturers (NAM) challenged a provision in the Honest Leadership and Open Government Act (HLOGA) that requires a lobbying coalition, such as NAM, to disclose any member organizations of the coalition that fund the coalition’s lobbying activities and “actively participate” in such lobbying activities.  In April 2008, the district court dismissed the case, finding that the HLOGA provision was narrowly tailored to serve the state’s compelling interests in promoting transparency and deterring corruption in government.   The D.C. Circuit Court of Appeals affirmed the constitutionality of the disclosure provision on September 8, 2009.  

Plaintiffs

National Association of Manufacturers

Defendant

Taylor

U.S. House: Reform, Taxpayer, and Business Groups Urge Judiciary Committee to Hold Hearings on Redistricting Reform Bill

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Today a broad range of reform, business, and taxpayer organizations urged House Judiciary Committee Chairman John Conyers (D-MI) and Ranking Member Lamar Smith (R-TX) to hold hearings on the Fairness and Independence in Redistricting (FAIR) Act (H.R. 3025). The legislation to improve the corrupted redistricting process that allows politicians to handpick the voters they will represent was introduced by Representatives John Tanner (D-TN) and Mike Castle (R-DE) last month.

 

Previous versions of the FAIR Act were introduced by Rep. Tanner in the 109thand 110th Congresses as were separate redistricting reform bills from Rep. Zoe Lofgren (D-CA). None of the bills was ever granted a hearing.

The reform groups calling for hearings include the Campaign Legal Center, Committee for Economic Development, Common Cause, FairVote, iSolon, Lawyers' Committee for Civil Rights Under Law, National Taxpayers Union, Public Citizen, and U.S. PIRG.

The full letter to the Chairman and the Ranking Member follows:

August 21, 2009

The Honorable John Conyers

House Judiciary Committee

2138 Rayburn HOB

Washington, DC 20515

The Honorable Lamar Smith

House Judiciary Committee

2142 Rayburn HOB

Washington, DC 20515

 

Dear Chairman Conyers and Ranking Member Smith:

We, the undersigned groups, strongly urge you to hold hearings this fall on the issues affecting congressional redistricting reform.

Earlier this summer, a bipartisan group of Members introduced H.R. 3025, the Fairness and Independence in Redistricting Act. The bill seeks to fundamentally improve the congressional redistricting process by, among other things, permitting only once a decade redistricting absent a court decision striking down the districts, and by creating independent commissions in the states to conduct congressional redistricting.

As you know, the post-2000 redistricting cycle saw unprecedented efforts to use the redistricting process purely for partisan purposes. This was done through severe gerrymandering, and the creation of districts that lacked any serious level of competitiveness, as districts were carefully calibrated to protect the powerbase of incumbent officeholders and marginalize their political opponents. When necessary to maximize their political advantage, some states even resorted to re-redistricting by repeatedly shifting voters among districts in order to weaken the minority political party and shore up the majority's political base. The effect of all this was a clear undermining of democracy and voter confidence in the integrity of our political process. In short, the redistricting process became an effective tool for making a highly partisan power grab.

House action is needed to ensure that competitiveness, accountability and fair representation remain healthy parts of our democratic process, and to keep the overly partisan and unchecked redistricting process from spinning out of control. Our nation will be irretrievably weakened if we continue with a system that undermines our representative democracy by allowing elected officials to choose their constituents, rather than a system where voters choose their elected officials.

It is time for the Judiciary Committee to hold hearings as a means of starting the critical conversation inside and outside of Congress on potential solutions to fixing the broken redistricting process. Although some of our individual organizations may not necessarily agree with all of H.R. 3025's provisions, we do agree that the legislation is a good starting point for this important conversation. Accordingly, we urge you to schedule hearings on redistricting reform.

Thank you for your time and consideration of this matter that is so critically important to the future of democracy in the United States.

Sincerely,

Campaign Legal Center

Committee for Economic Development

Common Cause

FairVote

iSolon

Lawyers' Committee for Civil Rights Under Law

National Taxpayers Union

Public Citizen

U.S. PIRG

Cc: Full Judiciary Committee

Issues

Civil rights Groups & Reformers Agree to Redistricting Principles

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The Campaign Legal Center, the League of Women Voters and Americans for Redistricting Reform announced a "Statement of Essential Principles on Redistricting" supported by a diverse set of reform groups, civil right organizations, and academics. Many of those signing on gathered last month at the Pocantico Redistricting Conference late last month. The Legal Center, in partnership with the League, convened the meeting to explore ways that the public can best participate in the redistricting process in 2011 and beyond.

 

 

"The primary reform that redistricting stakeholders can agree on is that elected officials should not be choosing their voters in smoke filled rooms; at the very least voters must be given a view and a voice in the process," said J. Gerald Hebert, Executive Director of the Campaign Legal Center. "The 2010 Census and the next round of redistricting are nearly upon us so the time to ensure that citizens have the ability to impact the process is now, or once again we're all going to be standing around looking at the new gerrymanders muttering to ourselves 'I can't believe they did this to us again.'"

The conference brought together organizations and individuals from across the nation to discuss ways to increase the role citizens play in the process, problems with the system in general and potential short- and long-term fixes to the process of redistricting. Those signing on to the principles ranged from Common Cause and the League of Women Voters to the National Association of Latino Elected and Appointed Officials (NALEO) and Southern Coalition for Social Justice.

"It is so important to bring a broad cross-section of stakeholders to the table because as Proposition 11 in California clearly showed, redistricting reform can be incredibly controversial - pitting against each other groups that all agree the current process is broken," said Hebert. "Quite a few of the individuals and organizations gathered for the conference fought on opposite sides of hotly contested Prop 11 ballot initiative and yet were able to agree that more transparency and public participation is needed in the redistricting process."

The groups agreed to continue working together through the 2010 Census and the next round of redistricting to expand the public's role in the process to help restore the ideals of a representative democracy. The principles themselves and the organizations and individuals signing on are included below.

STATEMENT ON ESSENTIAL PRINCIPLES ON REDISTRICTING

 

AS FORMULATED AT POCANTICO REDISTRICTING CONFERENCE JULY 2009

The statement below was agreed upon by attendees of the Pocantico Redistricting Conference on July 22-24, 2009. Additional organizations and individuals have signed on as well. All signatories are listed below.

The essential principles are:

1. An accurate and complete count in Census 2010 is an essential building block for all redistricting efforts.

2. The process used for redistricting must be transparent to the public.

3. The redistricting process, at all levels of government, must provide data, tools and opportunities for the public to have direct input into the specific plans under consideration by the redistricting body.

4. In order to achieve representative democracy, redistricting plans must be drawn in a manner that allows elected bodies to reflect the diversity of the populace, especially racial and ethnic diversity.

Organizations (in alphabetical order)

 

Meredith McGehee

Project Manager

Americans for Redistricting Reform (and Campaign Legal Center)

Margaret Fung

Executive Director
Asian American Legal Defense and Education Fund (AALDEF)

Justin Levitt
Counsel
Brennan Center for Justice, NYU School of Law

J. Gerald Hebert
Executive Director
Campaign Legal Center

Malcolm Rich,
Executive Director
Chicago Appleseed Fund for Justice

Terry Pastika
Executive Director
Citizen Advocacy Center

Bob Edgar
President
Common Cause

Ellen Freidin
Campaign Chair
FairDistrictsFlorida.org

Cynthia Canary
Executive Director
Illinois Campaign for Political Reform

Mary G. Wilson 
President 
League of Women Voters of the United States

Mexican American Legal Defense and Educational Fund (MALDEF)

Rich Robinson
Executive Director
Michigan Campaign Finance Network

Arturo Vargas
Executive Director
National Association of Latino Elected and Appointed Officials (NALEO)

Catherine Turcer
Executive Director
Ohio Citizen Action

Christopher Brook
Staff Attorney
Southern Coalition for Social Justice

Dan McGrath
Executive Director
TakeAction Minnesota

Mike McCabe
Executive Director
Wisconsin Democracy Campaign

Individuals (in alphabetical order)
The intent of these individuals is only to speak for themselves and not for their institution.

Kristen Clarke
Co-Director, Political Participation Group
NAACP LDF

Edward B. Foley
Professor of Law
Ohio State University

Heather Gerken
J. Skelly Write Professor of Law
Yale Law School

Michael P. McDonald
Associate Professor
George Mason University

 

Redistricting Reform Bill Deserves hearings Blue Dog Endoresment: Statement of Meredith McGehee, CLC Policy Director

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It is time for the House to hold hearings on redistricting reform legislation currently pending in the 111th Congress. The issue is of huge importance to our democratic process and yesterday's endorsement of the legislation by the Blue Dog Coalition lends weight to the calls to reform the process before the 2010 Census and subsequent round of predictable extreme political gerrymanders.

For several Congresses running, legislation to curb these abuses has been referred to committee and left to die quietly without so much as a hearing. With the 2010 Census fast approaching and no redistricting reform ballot initiatives pending in California, it is time for Speaker Nancy Pelosi (D-CA) to green light hearings on the Fairness And Independence in Redistricting (FAIR) Act (H.R. 3025) introduced by Representatives John Tanner (D-TN) and Mike Castle (R-DE) last month.

Let's be clear: both Republicans and Democrats alike abuse the process for political advantage but it is the Democrats who are driving the bus in Washington today. We hope Speaker Pelosi will urge Chairman Conyers and the Judiciary Committee to hold hearings and advance the issue before the commencement of another shameless round of gerrymandering which allows incumbent House Members to handpick their constituents.

It is the voters who should be selecting their elected Representatives in Congress, not the other way around.

Issues

Redistricting Reform Bill Tackles Systemic Abuse: Statement of J. Gerald Hebert, Campaign Legal Center Executive Director

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The way most states draw congressional districts must change if we are to break the partisan gridlock in Washington. Representatives John Tanner (D-TN) and Mike Castle (R-DE) and Senator Tim Johnson (D-SD) are to be commended for moving the ball forward on reforming this process with the introduction of the Fairness And Independence in Redistricting (FAIR) Act. They clearly recognize that our current system is broken and must be addressed and addressed quickly. The gerrymandering clock is ticking loudly.

Redistricting reform must occur in the 111th Congress or the next round of gerrymanders will begin anew in the wake of the 2010 Census. Our representative democracy is undermined each time politicians get to handpick their voters instead of voters choosing their elected officials. No good comes of seats that are intentionally drawn so as to be so uncompetitive they ensure re-election for incumbents. These "safe seats" feed voter apathy, drive down turnout on Election Day, and produce incumbents who are more likely to face their only real competition from the fringes of their own party. This only serves to widen the distance between Republicans and Democrats in Congress.

The current system is a terrible disservice to the citizens of this country and a gross distortion of the democracy envisioned by the founding fathers for the legislative branch. The time to fix this system is now. It will be too late if we wait for the inevitable public outrage that will follow the next wave of gerrymanders. The time to act is now.
 

Caperton v. Massey

At a Glance

In 2006, litigant Caperton filed a motion requesting that Justice Brent Benjamin of the Supreme Court of Appeals of West Virginia recuse himself from the appeal of the $50 million jury verdict in a contract dispute between two litigant mining companies. The U.S. Supreme Court held “that there is a serious risk of actual bias—based on objective and reasonable perceptions—when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case” and that recusal was required in this case...
Status
Closed
Updated
About This Case/Action

In 2006, litigant Caperton filed a motion requesting that Justice Brent Benjamin of the Supreme Court of Appeals of West Virginia recuse himself from the appeal of the $50 million jury verdict in a contract dispute between two litigant mining companies. Justice Benjamin refused to recuse himself, even though the CEO of the lead defendant had spent $3 million supporting Justice Benjamin’s campaign for a seat on the court—more than 60% of the total amount spent to support his campaign—while preparing to appeal the verdict against his company. After winning election to the court, Justice Benjamin cast the deciding vote in the court’s 3-2 decision overturning that verdict. The U.S. Supreme Court granted Caperton’s cert petition on the question of whether Justice Benjamin’s failure to recuse himself from Massey’s appeal violated the Due Process Clause of the Fourteenth Amendment rights of Caperton. The U.S. Supreme Court held “that there is a serious risk of actual bias—based on objective and reasonable perceptions—when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case” and that recusal was required in this case.

Plaintiffs

Caperton

Defendant

Massey