“Free Speech vs. Freedom From Intimidation The Supreme Court is set to reconsider campaigning at the ballot box; Justice Scalia got it right the first time.”

I have written this piece for Slate. It begins: On Wednesday, the Supreme Court will hear arguments in Minnesota Voters Alliance v. Mansky, a case raising the question of whether Minnesota and other states can prevent people from wearing political apparel … 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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“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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Pa Supreme Court on 4-3 Vote Adopts Advisor Nate Persily’s Maps for Pennsylvania Congressional Redistricting; GOP’s Litigation Options Do Not Look Good

The Pennsylvania Supreme Court (with three dissents) [links below] has adopted  Nate Persily’s maps for redrawing congressional districts. (One of the districts–18—looks surprisingly like Penn State’s Nittany Lion.) Philly Inquirer: Its plan splits only 13 counties. Of those, four counties are … Continue reading

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My New One at WaPo on the Second Anniversary of Justice Scalia’s Death: “Antonin Scalia’s disruption of the Supreme Court’s ways is here to stay”

I have written this piece for the Washington Post. A snippet: Scalia disrupted business as usual on the court just like Gingrich disrupted the U.S. House of Representatives in the 1990s and Trump is now disrupting the presidency. Scalia changed … Continue reading

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League of Women Voters Files SCOTUS Opposition to Stay in Pa Congressional Gerrymandering Case; SCOTUS May Rule in This and NC Stay Case At Any Time

Here: Applicants’ ostensible hook for federal intervention is an Elections Clause theory that this Court has squarely rejected in decisions dating back nearly a century. To accept Applicants’ theory, this Court would need to overrule no fewer than six of … Continue reading

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“Millions of Voters Will Cast Ballots in November in Unconstitutionally Gerrymandered Districts”

Pema Levy for Mother Jones: This fall, millions of voters will cast ballots in legislative districts that have been deemed unconstitutional. Courts have repeatedly tossed out Republican-drawn electoral maps for excessive gerrymandering, but those maps will remain in effect through November, potentially changing who … Continue reading

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“Common Cause Files & Coordinates Bipartisan Amici in Landmark Supreme Court Challenge to Maryland Democrats’ Partisan Gerrymander”

Release: Today, Common Cause joined an ideologically diverse group of governors, members of Congress, local government leaders, and others in filing amicus briefs urging the Supreme Court to put an end to partisan gerrymandering. On March 28, the Court will … Continue reading

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