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Appellate Court Simulations in the Classroom ? Faculty and Student Views from the Field
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the Administration strongly encouraged states to conduct verification programs during the first several days of the period, “to maximize attention and increase civic pride.” Like all hypotheticals, however, the result was not merely order and cleanliness, but a series of lawsuits. The case we have before us involves two particular states– Missouri and California, both of which held open primaries on Super Tuesday, March 4, 2008.
Missouri: The State of Missouri opted to create a voluntary verification program to comply with CRAP compliance. Specifically, the State made public funds available to any organizations willing to go to into communities and volunteer to assist residents in home cleaning and organization projects. Participating organizations included the state Republican Party, local party chapters, and numerous religious organizations. In an effort to identify “at risk” households, the State made available lists of current and recent welfare recipients (this information is public record), plus blue-collar workers, identified by union membership (the State deemed income levels to be private and therefore did not provide such information). Households were contacted and offered free assistance, subject to two requirements: an adult member of the household must be present as long as the volunteers are there; and the work must be at least three hours in duration (to ensure that assistance is provided where it is most needed).
The program was begun March 1. According to its verification records, 150,000 households received assistance on the day of the primary (the average assistance per day during the week was approximately 100,000). After the President won the primary by less than 1,000 votes (1.5 million votes were cast), the National Organization of Women (“NOW”) conducted a survey and determined that less than 30% of the adults, and less than 10% of the single parents, in the serviced households voted in the primary; many of those surveyed indicated that they were unable to make it to the polls in time after the volunteers left. Accordingly, Governor Schwarzenegger, NOW, the AFL-CIO and the Missouri Association of the Working Poor (“AWP”) sued the State, alleging intentional discrimination based on race, marital status, economic status, union membership and gender (due to the disproportionate number of single women who did not vote).
California: The State of California Missouri, with a Democratic legislative majority, vehemently objected to CRAP being dumped on them, and refused to adopt implementing legislation. To avoid loss of funds, however, the state was forced to implement the Model Program of CRAP, which established a system of random inspections of households, to take place with 24 hour advanced notice. The inspections were to take 2-3 hours and an adult female resident, if one resides in the household, was required to be present for the entire time to complete the paperwork. To account for scheduling conflict and delay, each selected household was given a 6-hour time frame during which the inspectors were to come.
Inspections were held during the month of March. On average, 25,000 household inspections were scheduled each day. On the day of the primary election, 100,000 inspections were scheduled, and approximately 60,000 inspections were actually conducted. When the returns were tabulated, President Bush had won the primary by less than 20,000 votes out of 4 million votes cast.
Governor Schwarzenegger, in his dual capacity as Governor of California and candidate for president, filed suit in Federal District Court for the Northern District of California. His lawsuit claimed that CRAP exceeded Congress’ constitutional powers under Article I, Section 8, and the 10
th
Amendment; and that
Congress had compelled his State to violate the 14
th
and 15
th
Amendments with respect to the women of
California. He alleged harm to the citizens and State of California and to himself as a candidate for president, due to CRAP’s deliberate suppression voter turnout in the state, and its targeting his likely supporters. (NOW issued a statement of support for the lawsuit, but did not join the case as a party, expressing confidence that the Governor could look out for the interests of women in this matter.)
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the Administration strongly encouraged states to conduct verification programs during the first several
days of the period, “to maximize attention and increase civic pride.” Like all hypotheticals, however, the
result was not merely order and cleanliness, but a series of lawsuits. The case we have before us involves
two particular states– Missouri and California, both of which held open primaries on Super Tuesday,
March 4, 2008.
Missouri: The State of Missouri opted to create a voluntary verification program to comply with CRAP
compliance. Specifically, the State made public funds available to any organizations willing to go to into
communities and volunteer to assist residents in home cleaning and organization projects. Participating
organizations included the state Republican Party, local party chapters, and numerous religious
organizations. In an effort to identify “at risk” households, the State made available lists of current and
recent welfare recipients (this information is public record), plus blue-collar workers, identified by union
membership (the State deemed income levels to be private and therefore did not provide such
information). Households were contacted and offered free assistance, subject to two requirements: an
adult member of the household must be present as long as the volunteers are there; and the work must be
at least three hours in duration (to ensure that assistance is provided where it is most needed).
The program was begun March 1. According to its verification records, 150,000 households received
assistance on the day of the primary (the average assistance per day during the week was approximately
100,000). After the President won the primary by less than 1,000 votes (1.5 million votes were cast), the
National Organization of Women (“NOW”) conducted a survey and determined that less than 30% of the
adults, and less than 10% of the single parents, in the serviced households voted in the primary; many of
those surveyed indicated that they were unable to make it to the polls in time after the volunteers left.
Accordingly, Governor Schwarzenegger, NOW, the AFL-CIO and the Missouri Association of the
Working Poor (“AWP”) sued the State, alleging intentional discrimination based on race, marital status,
economic status, union membership and gender (due to the disproportionate number of single women
who did not vote).
California: The State of California Missouri, with a Democratic legislative majority, vehemently
objected to CRAP being dumped on them, and refused to adopt implementing legislation. To avoid loss
of funds, however, the state was forced to implement the Model Program of CRAP, which established a
system of random inspections of households, to take place with 24 hour advanced notice. The inspections
were to take 2-3 hours and an adult female resident, if one resides in the household, was required to be
present for the entire time to complete the paperwork. To account for scheduling conflict and delay, each
selected household was given a 6-hour time frame during which the inspectors were to come.
Inspections were held during the month of March. On average, 25,000 household inspections were
scheduled each day. On the day of the primary election, 100,000 inspections were scheduled, and
approximately 60,000 inspections were actually conducted. When the returns were tabulated, President
Bush had won the primary by less than 20,000 votes out of 4 million votes cast.
Governor Schwarzenegger, in his dual capacity as Governor of California and candidate for president,
filed suit in Federal District Court for the Northern District of California. His lawsuit claimed that CRAP
exceeded Congress’ constitutional powers under Article I, Section 8, and the 10
th
Amendment; and that
Congress had compelled his State to violate the 14
th
and 15
th
Amendments with respect to the women of
California. He alleged harm to the citizens and State of California and to himself as a candidate for
president, due to CRAP’s deliberate suppression voter turnout in the state, and its targeting his likely
supporters. (NOW issued a statement of support for the lawsuit, but did not join the case as a party,
expressing confidence that the Governor could look out for the interests of women in this matter.)
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