Breaking: Federal Court Denies Motion to Postpone Texas Voter ID Trial, Putting DOJ in Position to Change Sides in Litigation

A federal district court, following a remand from the Fifth Circuit, is considering whether Texas acted with racially discriminatory intent when it passed its controversial voter identification law. The district court had already made a finding that Texas had such … Continue reading

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“Race or Party, Party as Race, or Party All the Time: Three Uneasy Approaches to Conjoined Polarization In Redistricting and Voting Cases”

I have posted this draft on SSRN, for the forthcoming symposium on Redistricting after 2020 at William and Mary.  I think this piece brings together a lot of my thinking (and others’ thinking) on the “race or party” question in … Continue reading

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Sen. Sessions Noncommittal on DOJ Position on Texas and North Carolina Voting Cases; Agrees to Enforce VRA Section 2

Written questions from Sen. Leahy and Sen. Sessions’ answer in connection with his nomination as AG: 21. You claim to be a champion of the Voting Rights Act because you voted for VRA’s reauthorization in 2006. But aside from this … Continue reading

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In Opinion by #SCOTUS Shortlister J. Pryor, Court Strikes 12 Alabama Districts as Racial Gerrymanders, Partial Dissent by Judge Thompson

In a 457 page opinion (including appendices) by Trump #SCOTUS shortlister William Pryor, a three-judge federal district court in the Alabama racial gerrymandering case has struck down 12 challenged Alabama districts as unconstitutional. Judge Myron Thompson, in a separate 120-page … Continue reading

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North Carolina Files Supreme Court Cert. Petition in Major Voting Law Case; What Happens Now with Democratic Gov. and AG?

Back in July, the Fourth Circuit struck down  North Carolina’s “monster” voting law, a law which among other things imposed a strict voter id requirement (later watered down in the face of litigation), cutback early voting, killed same day voter … Continue reading

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“Civil Rights Organizations Applaud Timely Release by Census Director Identifying Jurisdictions that Must Provide Language Assistance under Section 203 of Voting Rights Act”

Release: On December 5, 2016, the Director of the U.S. Census Bureau issued a notice of determination identifying the jurisdictions subject to the language assistance provisions of Section 203 of the Voting Rights Act, which are available at 81 Federal … Continue reading

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My One Personal Interaction with Sen. Sessions Does Not Give Me Confidence About Strong Voting Rights Enforcement with Him as AG

Others have written about Senator Jeff Sessions,  President-Elect Trump’s expected nominee for Attorney General, and questions of race and voting rights. I can add only one thing from personal experience. In 2006, I testified (that day, along with Professors Sam Issacharoff and … Continue reading

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Bert Rein, Lawyer for Shelby County, Says Maybe #SCOTUS Decision Good Because It Deterred “Some Illegals” from Voting

Wow: Both Kang and Hasen said whether the Shelby decision tipped the election is less important than whether it unnecessarily disenfranchised any number of voters, even if it was less than a substantial amount. We put the same question to … Continue reading

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