Monthly Archives: February 2012

True the Vote on the ground in Wisconsin recall

The indomitable True the Vote is on the ground in Wisconsin searching for phony signatures in the recall petitions.  They are using a database and entering all the signatures and names into it a searchable format to detect the fraudulent and repetitive entries.

I will be in Milwaukee next week to speak, details forthcoming.  (And also at Duke Law School, again, details forthcoming). 

Moderating at CPAC Next Week

I am scheduled to moderate a panel at CPAC next week in Washington D.C.  It should be an interesting one, and frankly, a fascinating one for legal historians.  Here is the schedule as it now stands:

Friday at 2:50 p.m.


Obama vs. The Constitution: How a Harvard Law Graduate President Is Shredding the Constitution Marshall Ballroom


The Honorable Ed Meese III, Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and Judicial Studies, The Heritage Foundation and Former Attorney General of the United States


Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network


Moderator: J. Christian Adams, Former Justice Department Official and Author of Injustice: Exposing the Racial Agenda of the Obama Justice Department


“Jim Crow” Reappears in Virginia

The most unfortunate effect of the hyperbole comparing “Jim Crow” to voter ID is that it diminishes the evil of Jim Crow.  Reasonable people simply do not believe that requiring a photo ID to vote compares with almost total disenfranchisement of the black minority and de jure segregation across the South.  Reasonable people do not find equivalency in laws prohibiting blacks from using the same water fountain as whites with a law which verifies identity at the polls.   But today’s Washington Post repeats the nonsense without question, with an outlandish side order of Ben Chavis:

 “What kind of governor, what kind of lieutenant governor, what kind of senator, what kind of delegate would lynch democracy?”said Benjamin Chavis, former director of the NAACP.

There was a time when the civil rights movement appealed to the moral core of reasonable Americans.  Those who have inherited the legacy now appeal to irrational fears and zealots.

Activist Judges in Election Cases?

I recently represented three presidential campaigns in federal court in Virginia in a case seeking to have Virginia’s ballot access law declared unconstitutional.  The judge ruled that the law was unconstitutional, but ruled against the plaintiffs on laches.  I don’t normally listen to NPR, but many of my friends do and kept telling me about this story that mentions my response to Judge Gibney.  It involves a bright moment in the hearing when the court asked about activist judges and whether ruling in the plaintiff’s favor would lead to being hauled before Congress.

Audio here.