Tag Archives: Justice Samuel Alito

Split Tickets in AZ, NV? SCOTUS Rules in SC; Dead Heat in CA-41; Mace Leads in Two South Carolina Polls

By Jim Ellis — Friday, May 24, 2024

Senate

Former President Donald Trump

Polling: Potential Split Tickets in AZ, NV — Two new surveys find Democratic Senate candidates pulling away from their presumed Republican opponents in two southwestern swing states while former President Donald Trump continues to lead within the same polling samples.

Phoenix-based Noble Predictive Insights (May 7-14; 1,003 registered Arizona voters; online) finds Rep. Ruben Gallego (D-Phoenix) maintaining a double-digit lead, 46-36 percent, over Republican former news anchor and 2022 gubernatorial nominee Kari Lake. Yet, on the presidential ballot test, former President Trump holds a 43-36-8-2-1 percent advantage over President Joe Biden, Robert F. Kennedy Jr. (I), Jill Stein (Green), and Dr. Cornel West (I).

In Nevada, we see a similar pattern. Mainstreet Research, polling for Florida Atlantic University (May 19-21; 522 registered Nevada voters; interactive voice response system & online), finds Sen. Jacky Rosen (D) leading Republican Sam Brown, 48-37 percent. When turning to the presidential contest, however, the results flip. According to this data, Trump would hold a 44-40-9 percent advantage over Biden and Kennedy. Both the most recent Arizona and Nevada polling results suggest that each electorate could engage in ticket splitting for the top two offices on their respective ballots.

House

SCOTUS: Overturns South Carolina Lower Court’s Redistricting Ruling — On a 6-3 vote, the United States Supreme Court overturned the lower court ruling that declared South Carolina’s 1st Congressional District (Rep. Nancy Mace — R-Charleston) as a racial gerrymander. Writing for the majority, Justice Samuel Alito stated that the lower court’s ruling saying race had been the predominate factor in drawing the 1st District was “clearly erroneous,” according to the Daily Kos Elections site analysts. Therefore, the current South Carolina map will stand.

The state had already proceeded under the current lines since the high court’s decision came after the candidate filing deadline. Therefore, the current campaigns will continue along their present path.

This decision could well affect the Louisiana case, which the high court stayed. The lower court had overturned the Louisiana legislature’s original map as a racial gerrymander. The appellate court then reversed the ruling, but the Supreme Court stayed that decision. It is possible the stay was ordered because the court was making an important ruling on the South Carolina case, and that decision could again change the Louisiana situation.

CA-41: Rep. Calvert in Dead Heat — Veteran Rep. Ken Calvert (R-Corona) is again in a highly competitive race with his 2022 opponent, former federal prosecutor Will Rollins (D). The Rollins campaign just released the results of their latest internal poll from David Binder Research (May 1-6; 600 likely CA-41 general election voters; live interview & text). According to the ballot test, Rollins would hold a slight one-point lead, 45-44 percent, over Rep. Calvert. Both candidates see 31 percent of their support being recorded as definite, while 14 percent of Rollins’ voters say they could change their vote, as do 13 percent of Calvert voters.

While the polling is virtually even, the all-party jungle primary results gave Rep. Calvert a 53-38 percent advantage from 162,066 individuals who voted. The FiveThirtyEight data organization rates CA-41 as R+7.

SC-1: Rep. Mace Leads in Two Polls — While the US Supreme Court was ruling on the legality of the state’s 1st Congressional District, a new Republican primary poll was simultaneously released. Emerson College (May 19-21; 400 likely SC-1 Republican primary voters; multiple sampling techniques) publicized their new data results that post incumbent Rep. Nancy Mace (R-Charleston) to a 47-22 percent advantage over her principal challenger, former Haley Administration official and previous gubernatorial candidate Catherine Templeton. A third candidate, non-profit executive Bill Young, attracted seven percent of the vote.

The results are similar to a recent Kaplan Strategies survey (May 6-7; 343 likely SC-1 Republican primary voters; online & text) that produced a Mace lead of 43-21-3 percent.
The South Carolina primary is June 11. If no one reaches majority support, and neither poll shows Rep. Mace winning outright, the top two finishers will advance to a June 25 runoff election.

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.”

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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 >