“When ‘Legislature’ May Mean More than ‘Legislature': Initiated Electoral College Reform and the Ghost of Bush v. Gore”

I wrote this piece in 2008 for the Hastings Constitutional Law Quarterly. After the AZ case, I can say that I now think it is very likely that initiated electoral college reform would satisfy the Legislature requirement of Article II. Here’s the abstract: … Continue reading

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“Mindlessly Literal Reading Loses Again; This Supreme Court decision is a dig at Bush v. Gore.”

Here’s my piece at Slate on today’s AZ redistricting ruling from the Supreme Court.  It begins: The Supreme Court ended its term Monday with another major rejection of conservative attempts to use wooden, textualist arguments to upset sensible policies. The … Continue reading

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