Wednesday, November 08, 2006
As Hasen points out, the 2nd circuit has upheld prohibiting ballot access signature gathering on a payment per signature, in conflict with Meyer v Grant, _ U.S _.
I met Paul Grant before either of us went to law school, and I tried to enlist him as cocounsel in a challenge to Boulder CO's unconstitutional disclaimer regulations, so maybe I'm biased, but I think the 2nd circuit gets it dead wrong.
It was a pro se plaintiff with a second, frivilous, issue, and I don't know how the briefs were, and I havent recently looked at the 2 other erroneous circuit court decisions on this issue, but it frustrated me when the Circuit courts can't or won't get the right answer to such a simple question.
I met Paul Grant before either of us went to law school, and I tried to enlist him as cocounsel in a challenge to Boulder CO's unconstitutional disclaimer regulations, so maybe I'm biased, but I think the 2nd circuit gets it dead wrong.
It was a pro se plaintiff with a second, frivilous, issue, and I don't know how the briefs were, and I havent recently looked at the 2 other erroneous circuit court decisions on this issue, but it frustrated me when the Circuit courts can't or won't get the right answer to such a simple question.
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