“Litigating the Line Between Past and Present; The Supreme Court is about to take up another blockbuster voting rights case. At its core is a struggle over the limits of history.”

Sara Mayeux for Bunk History: How past is the past? That quandary, among the definitional puzzles of the human condition, is also the crux of the voting rights battles currently rending statehouses and federal courts around the country. Election law … Continue reading

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Issacharoff and Grossman: ACLU: Partisan Gerrymandering Undermines the Integrity of Elections, Violates Right to Cast a Meaningful Ballot

The following is a guest post from Sam Issacharoff and Perry Grossman who worked on this amicus brief in the Whitford case: In his concurrence in Vieth v. Jubilirer, Justice Kennedy suggested that the First Amendment provides a “sounder and more … Continue reading

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ELB Podcast Episode 18. Eric McGhee and Nick Stephanopoulos: Whitford, the Efficiency Gap, and the Future of Partisan Gerrymandering

Is the Supreme Court ready to finally rein in partisan gerrymandering? Can social science give us a manageable standard to decide when there’s too much politics in redistricting? Is the “efficiency gap” Justice Kennedy’s holy grail? On Episode 18 of … Continue reading

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“Husted, Arizona Inter Tribal, and Lessons from the Constitutional Structure”

Franita Tolson: Husted is, therefore, more than just a case about statutory interpretation.  It also implicates the Constitution’s allocation of power to the states and the federal government under the Elections Clause.  As both the Arizona and Ohio laws illustrate, allowing … Continue reading

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