Tag Archives: Chief Justice John Roberts

Polls Show Republican Presidential Race Getting Tighter; A Twist in Wisconsin; SCOTUS Rules on Alabama Redistricting; Special Election in UT-2

By Jim Ellis — Monday, June 12, 2023

President

Former President Donald Trump still up, but down in polling.

State Polls: Republican Race Getting Tighter — Two very recent Republican presidential state polls were released late last week, one from Wisconsin and the other in Utah. While the Wisconsin spread is typical of what we are seeing in other places, the Utah poll has closed to within one percentage point.

Public Policy Polling (June 5-6; 507 likely Wisconsin voters) sees former President Donald Trump leading the Wisconsin GOP primary but with well less than majority support. The ballot test gives the former president a 41-25 percent lead over Florida Gov. Ron DeSantis. Ex-Vice President Mike Pence is next with eight percent support, and no one else breaks five percent. In an isolation question featuring Trump and DeSantis, the former pPresident leads this only 43-39 percent.

The Utah numbers are much closer. In this Dan Jones & Associates poll for the Utah Republican Party (May 22-June 1; 421 registered Utah Republican voters), Trump’s advantage is only 27-26 percent over Gov. DeSantis.

Former Rep. Liz Cheney, not even a candidate, places third with seven percent, and no other candidate breaks the five percent mark. However, this poll’s long sampling period and small respondent universe, along with the introduction of Cheney into the mix, casts an accuracy shadow over this poll.

Senate

Wisconsin: Polling Leader Emerges; Not the GOP’s Top Choice — The Wisconsin Public Policy Polling survey (see President section above) also tested the state’s US Senate race featuring two-term incumbent Tammy Baldwin (D).

The Republican primary ballot test suggests that former Milwaukee County Sheriff David Clarke would lead a prospective group of GOP candidates with 40 percent preference. Placing second is Rep. Mike Gallagher (R-Green Bay) with 20 percent, followed by Rep. Tom Tiffany (R-Minocqua) at 10 percent. Clarke is not an official candidate, and viewed as someone who would be unlikely to win the general election. So far, Rep. Gallagher has not made a discernible move to enter the Senate race. Rep. Tiffany is testing the waters.

The Wisconsin race could become competitive, but Sen. Baldwin would begin any general election as the favorite to win in November.

House

Redistricting: SCOTUS Rules on Alabama — The US Supreme Court, on a 5-4 decision with Chief Justice John Roberts and Associate Justice Brett Kavanaugh joining the majority, ruled in favor of the plaintiffs in the Alabama racial gerrymandering case. Therefore, the Alabama map will be redrawn to reflect a second minority district from the state’s seven seats. Louisiana will likely have to be redrawn as well.

Possible redraws could occur in several other southern states. The ruling is clearly a win for the Democrats and gives them even better odds of re-capturing the House majority in the 2024 election.

UT-2: Special Election Set — Since Utah Rep. Chris Stewart (R-Farmington) submitted an irrevocable letter of resignation for Sept. 15 to Gov. Spencer Cox (R), that action has allowed the state’s chief executive to set at least the special primary election even before the congressman officially leaves office.

Under Utah law, the governor must schedule the special congressional election concurrent with another election. The municipal elections were scheduled for Aug. 15 and Nov. 7, but Gov. Cox is preparing to send the legislature a measure to change those dates to Sept. 5 and Nov. 21 and add the special congressional election to that ballot. These dates meet the federal electoral notice requirements.

The legislature is expected to comply. If they do not, the 2nd District seat could remain vacant for more than a year awaiting the regular primary schedule.

In this instance, the seat will be filled while Rep. Stewart remains in office, which is similar to the Oklahoma law that allows a resigning elected official to serve until a replacement is selected.

SCOTUS Rules; Calif. Recall Scheduled

Current US Supreme Court

By Jim Ellis

July 6, 2021 — On their last day of the year’s early session last week, a Thursday, the Supreme Court of the United States issued rulings on the Arizona voting rights case and the California non-profit organization disclosure lawsuit.

In the Democratic National Committee v. Brnovich, the Supreme Court with Justice Samuel Alito writing for the 6-3 majority, ruled that the state of Arizona did not infringe upon minority voting rights or violate Section 2 of the Voting Rights Act in both prohibiting ballot harvesting with certain exceptions, and not counting provisional ballots cast from voters who do not reside in the particular precinct that the polling place covers.

The high court agreed with Arizona Attorney General Mark Brnovich’s (R) arguments that the laws are not racially motivated, nor do they intentionally discriminate against certain segments of the voting population, thus overturning the full 9th Circuit Court of Appeals ruling.

Originally in 2016, Brnovich won at the district court level and on the first appeal to a three-judge panel from the 9th Circuit. The DNC requested an en banc review of the original appellate ruling that agreed with Brnovich, and the entire 9th Circuit membership overturned the decision, siding with the plaintiff. At that point, AG Brnovich petitioned the Supreme Court, which agreed to hear the case. (Hearing cases en banc allows the full circuit court to overturn a decision reached by a three–judge panel. Due to the decreasing probability of U.S. Supreme Court intervention, the circuit court is often the court of last resort in the ordinary life of a case, thereby amplifying the importance of en banc review.)

In his ruling, Justice Alito stated that “every voting rule imposes a burden of some sort,” and that “mere inconvenience cannot be enough to demonstrate a violation of Section 2.” He also cautioned that, “what are at bottom very small differences should not be artificially magnified.”

While agreeing that holding free and open elections is a “valid and important state interest,” he also addressed the voter fraud argument, clearly stating that attempting to prevent such abuses is also a “strong and entirely legitimate state interest.”

In her article discussing these rulings, Supreme Court expert Amy Howe, in her Howe on the Court article that was published on the SCOTUS blog, offered that the Brnovich ruling “will make it more difficult to contest election regulations under the Voting Rights Act,” and thus likely means fewer voting rights cases coming through the courts. She further categorized this decision as a “major ruling.”

Continue reading →

Gerrymandering Ruling in North Carolina Could Alter Majority

North Carolina Congressional Districts

By Jim Ellis

Sept. 3, 2018 — Last week, the same three-judge panel that previously ruled the North Carolina congressional boundaries as unconstitutional did so again, well after the lines were re-drawn in 2016 to reflect one of their previous decisions.

Predictably, the two Democratic judges ruled to overturn the legislature’s map once again, with the lone Republican dissenting. This time, the ruling concerns political gerrymandering, after the panel originally tossed the map because of what they cited as “racial gerrymandering.” The North Carolina delegation has split 10R-3D since the original 2011 map was created after the 2010 census.

The latest action, coming at a time when the US Supreme Court has only eight members because Judge Brett Kavanaugh has not yet been confirmed to replace retired Justice Anthony Kennedy, could stand if the high court fails to halt or invalidate the ruling.

If the decision remains, it becomes very unclear as to how the election would proceed. If the lines are suddenly unconstitutional, a new map would have to be set in its place. At this point, it is probable that the court would usurp the state legislature’s constitutional power and force its own map into law.

What happens to the candidates who won the May primaries, or even lost, as in the case of Rep. Bob Pittenger (R-Charlotte), remains in flux. It is likely many lawsuits would be filed, likely from candidates who won primaries but were denied the chance of running in the subsequent general election, to voters who would be disenfranchised after voting for a candidate who, after being nominated, no longer appears on the ballot because the particular voter has been arbitrarily shifted to another district, and every argument in between.

Continue reading →

NJ Senate Poll; SCOTUS’ Arizona Ruling

New Jersey

Immediately upon New Jersey Gov. Chris Christie (R) scheduling the special Senate election to replace the late Sen. Frank Lautenberg (D), both Quinnipiac University and Rutgers-Eagleton went into the field to measure the Garden State electorate. Both pollsters produced a similar conclusion — Newark Mayor Cory Booker is opening up a wide lead in the Democratic primary — but their samples sizes of less than 350 respondents were unacceptably low in a larger population state.

Now, Rasmussen Reports (June 12-13; 1,000 likely New Jersey voters) confirms that Booker does indeed have a huge lead derived from a much larger survey sample. Though the methodology does not specifically identify how many people (but undoubtedly larger than 350 individuals and presumably likely Democratic primary voters) were asked to choose among Mayor Booker, Rep. Frank Pallone (D-NJ-6) and Rep. Rush Holt (D-NJ-12), and Assembly Speaker Sheila Oliver, the results were almost identical to what Quinnipiac and Rutgers-Eagleton originally found.

According to RR, Booker would command support from 54 percent of the Democratic voters, followed by Holt with 11 percent, and Pallone at 8 percent. Oliver trailed the pack registering just 5 percent preference.

For the special general election, tested among all 1,000 respondents, Booker leads former Bogota Mayor Steve Lonegan (R) 50-33 percent.

The special primary is scheduled for Aug. 13, followed by the deciding vote on Oct. 16. The winner will serve the balance of Sen. Lautenberg’s final term, and is eligible to stand for election to a full six-year stint during the regular 2014 election.

Arizona

Yesterday, the US Supreme Court released its ruling on the Arizona v. The Arizona Continue reading >