“Texas Two-Steps All Over Voting Rights; It says it can make voting as difficult as it wants to, and any law that says otherwise is unconstitutional.”

I have written this piece for Slate.  It begins: In 1965, Congress passed the Voting Rights Act, one of the most important pieces of legislation in U.S. history. It contained key protections for minority voters, especially blacks, who had been effectively … Continue reading

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Breaking and Analysis: 5th Circuit Affirms Texas Voter ID Violates Section 2, Remands on Question of Discriminatory Purpose

[bumping to top] A unanimous panel of the United States Court of Appeals for the Fifth Circuit has issued an opinion which is a great (but not complete) victory for those challenging Texas’s strict voter id law. The court affirms … Continue reading

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“Election Law’s Path in the Roberts Court’s First Decade: A Sharp Right Turn But with Speed Bumps and Surprising Twists”

I have posted this draft on SSRN.  It is still an early draft. Comments welcome! Here is the abstract: The first decade of election law cases at the Supreme Court under the leadership of Chief Justice Roberts brought election law … Continue reading

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“Symposium: Evenwel v. Abbott and the Constitution’s big data problem”

Nate Persily’s contribution to SCOTUSBlog’s Evenwel v. Abbott symposium: These points concerning the inaccuracy and variability of the potential alternative data sources for redistricting will likely receive less attention in Evenwel than familiar constitutional arguments concerning the proper interpretation of … Continue reading

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“Unconstitutional But Entrenched: Putting UOCAVA and Voting Rights for Permanent Expatriates on a Sound Constitutional Footing”

Brian Kalt has posted this draft on SSRN (forthcoming, Brooklyn Law Review).  Here is the abstract: For decades, eligible voters who have left the U.S. permanently have had the right to vote in federal elections as though they still lived at … Continue reading

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“When Not All Votes Were Equal The U.S. Supreme Court reconsiders how legislative districts are drawn—and risks sending the country back to a time before ‘one person, one vote.'”

J. Douglas Smith, author of On Democracy’s Doorstep: The Inside Story of How the Supreme Court Brought ‘One Person, One Vote’ to the United States,  has written this piece on Evenwel in the Altantic.  He concludes: Until the Supreme Court sits for oral … Continue reading

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