April 30 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Why Did Legal Elites Underestimate the Case Against the Mandate?” is a post from Overlawyered - Chronicling the high cost of our legal system

Unless you’d read one of the very few skeptical evaluations of the case — many of them written by Ted Frank — you may have been shocked this July when a Houston jury summarily rejected Jamie Leigh Jones’s lawsuit. Now — better late than never — the Houston Chronicle shreds the popular narrative of the affair and its media coverage in particular (ABC News: a tale of “sexual brutality, corporate indifference and government inaction.”) Is it too much to hope that anyone will be embarrassed enough to apologize?

More: As commenter E-Bell notes, journalist Stephanie Mencimer, with whom we’ve had our differences in the past, deserves due credit for this July coverage in the unlikely venue of Mother Jones. And quoth @Popehat: “‘Putting the victim on trial’ is code for ‘defending yourself and testing the evidence.’”

The “Halliburton rape” case: setting the record straight is a post from Overlawyered - Chronicling the high cost of our legal system

July 12 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

May 2 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

March 3 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

October 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

February 3 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

White House race roundup is a post from Overlawyered - Chronicling the high cost of our legal system

The notion that present-day Democrats regularly steal elections by engaging in concerted efforts to vote multiple times in funny mustaches is a myth, unsupported by data or fact.

– Dahlia Lithwick, Slate, May 24

As outlined at trial, the vote fraud scheme infected not only the actual voting process in November, but also the voter registration process preceding the election. Several persons, including the defendant Cusack, falsely registered to vote by claiming to reside at addresses within the precinct when they actually resided elsewhere. The actual residents at these addresses were asked to place name-tags on their doors that bore the names of the non-resident registrants. The defendants, and several others acting under their direction, also participated in a canvass of the precinct …. Although the canvass disclosed that a number of persons who were registered to vote in the precinct had died, moved away, or for some other reason had become ineligible to vote, these persons were not struck from the list of eligible voters. Finally, on election day the defendants, either personally or by acting through others, caused numerous false ballots to be cast for the straight Democratic ticket.

– United States v. Howard, 774 F.2d 838 (7th Cir. 1985)

[T]he U.S. Attorney in Chicago at the time, Daniel Webb, estimated that at least 100,000 fraudulent votes (10 percent of all votes in the city) had been cast. Sixty-five individuals were indicted for federal election crimes, and all but two (one found incompetent to stand trial and another who died) were convicted.

– Hans A. von Spakovsky, Heritage Legal Memorandum #23

Update: Some commenters complain that the 1982 example is irrelevant to Lithwick’s claim, because it is modified by “present-day.”

Present-day examples include 2007 cases in Hoboken, NJ, Noxubee, MS, and King County, WA—not to mention the unprosecuted voter fraud in Washington state in 2004, which affected the gubernatorial election. There may be many more examples, except Democrats are using lawsuits to block attempts to compare voter rolls with addresses.

Lithwick’s argument against present-day voter fraud is that there are very few prosecutions, and that therefore prevention measures are not needed. This is akin to arguing that, because very few people are ticketed for running red lights, there is no need for traffic signals. If there’s less voter fraud today, it’s in large part because of the prosecutions in the 1980s. Given Senator Obama’s appalling block on the van Spakovsky nomination to the FEC, and the liberal activism against preventing vote fraud, one worries that an Obama Justice Department will cease prosecuting voter fraud, and that there will be a return to the bad old days, in which case 1980s examples from when the DOJ first started prosecuting vote fraud are quite relevant.

Voter fraud: If Dahlia Lithwick repeats a lie often enough, maybe it will become true is a post from Overlawyered - Chronicling the high cost of our legal system