Federal Court Holds Kern County, California Violated Voting Rights Act by Not Creating a Second Latino Opportunity District for Supervisorial Elections

You can find the district court’s opinion here. There will be further proceedings to address the remedy. For the quantitative folks, there’s an interesting Morgan Kousser-Jonathan Katz methodological dispute over how to measure racially polarized voting.   … Continue reading

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Three Judge Court (All Republican Appointees) Chosen to Hear Pennsylvania Partisan Redistricting Case: Will Party of the Judges Matter?

Yesterday I wrote about the new federal lawsuit being brought against the Pennsylvania Supreme Court’s partisan gerrymandering remedy for state congressional redistricts. I explained why this is such a long shot. I noted then that the challengers sought a three-judge … Continue reading

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“Commentary: In Pair of Opinions, Fight Over Textualism Lives On; When Justice Kagan declared at a 2015 “Scalia Lecture” at Harvard Law School that ‘we are all textualists now,’ she may have been a bit premature.”

I have written this oped for the National Law Journal. It begins: The battle over Justice Antonin Scalia’s approach to interpreting federal statutes shows no signs of abating even two years after his death, as a pair of opinions issued Wednesday by Justice … Continue reading

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“Texas Workforce Commission changes voter registration practices after pressure from civil rights groups”

Release:  In a change of course, effective February 21, 2018, the Texas Workforce Commission (“TWC”) will begin the process of implementing voter registration services to those served by its Vocational Rehabilitation program. The change comes after the agency received a notice from … Continue reading

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“The Price of Democracy: Splitting the bill for elections; New report from the National Conference of State Legislatures”

Electionline: This new NCSL report, “The Price of Democracy: Splitting the Bill for Elections,” is the result of two years of studying all things related to elections and costs, addressing questions such as:  What are the costs associated with running elections? … Continue reading

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“The challenge facing the challenge to winner-take-all systems in the Electoral College”

Derek Muller: David Boies is leading an effort to challenge the winner-take-all method that most states use when awarding presidential electors. There are different ways states might award electors (which I used to project alternative electoral outcomes in 2016). Brenden Cline in 2017 nicely summarized the … Continue reading

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“Section 5’s Forgotten Years: Congressional Power to Enforce the Fourteenth Amendment Before Katzenbach v. Morgan”

Christopher Schmidt has posted this draft on SSRN (forthcoming Northwestern U. Law Review). Here is the abstract: Few decisions in American constitutional law have frustrated, inspired, and puzzled more than Katzenbach v. Morgan (1966). Justice Brennan’s opinion put forth the seemingly … Continue reading

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Breaking: Pennsylvania Republican Legislative Leaders Petition Justice Alito AGAIN to Block Pa Congressional Redistricting Plan Ordered by State Supreme Court

You can find the new petition here. The petition will go to Justice Alito, who can decide the matter himself or refer to the entire Court. Last time Justice Alito decided the matter himself, after asking for a response from the … Continue reading

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“FAN 179 (First Amendment News): Does existing First Amendment law endanger our national security and sovereignty? Prof. Hasen says yes”

I have this guest post over at Concurring Opinions. It begins: Last week, special counsel Robert Mueller secured a grand jury indictment of 13 Russian nationals for interfering with the 2016 U.S. presidential elections by, among other things, paying for political advertisements … Continue reading

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Breaking: “Legal Team Led by David Boies and LULAC Files Lawsuits Challenging Winner-Take-All Approach to Selecting Electors in Presidential Elections”

Release: A coalition of law firms led by David Boies of Boies Schiller Flexner LLP, and The League of United Latin American Citizens (LULAC) today announced the filing of four landmark lawsuits challenging the winner-take-all method states use to allocate … Continue reading

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“Republican challenge to Pennsylvania map likely to fail; For Republicans, it’s not clear yet what legal avenue they plan to proceed with first, or the relief for which they will ask”

Politico reports. UPDATE:  Looks like Pa Republican leaders opposed to the state Supreme Court redistricting remedy will file a SCOTUS petition AND a new separate federal district court lawsuit. Here’s why both are likely to fail. … Continue reading

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“Lawyers’ Committee for Civil Rights Under Law Files Motion Seeking Relief in the 2018 Midterm Election Cycle For Georgia Voters Impacted By Unlawful Gerrymandering”

Release via email: The Lawyers’ Committee for Civil Rights Under Law filed a Motion for a Preliminary Injunction in its lawsuit against the Georgia Secretary of State that seeks to remedy an unlawful racial gerrymander. The lawsuit concerns Atlanta metro … Continue reading

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“DOJ & FEC Complaints Filed Against President Trump, His Campaign & American Media Inc. for Illegal, Unreported $150K Coordinated Expenditure to Former Playboy Playmate”

Release: Today, Common Cause filed complaints with the Department of Justice (DOJ) and the Federal Election Commission (FEC) alleging reason to believe that American Media, Inc.’s August 2016 payment of $150,000 to former Playboy Playmate Karen McDougal, to buy and bury her … Continue reading

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