“The Supreme Court’s Next Big Fight Over Money in Politics: Will the justices gut the rest of McCain-Feingold — and make it easier for wealthy donors to influence elections?”

I have written this piece for The Atlantic. It begins: At some point next year, the U.S. Supreme Court is likely to face a major First Amendment question: whether to overturn what remains of the 2002 McCain-Feingold Act. This measure … Continue reading

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Some Thoughts on Today’s Oral Argument in Gov. McDonnell Case: It’s Not If the Governor Wins on Appeal, But How, That Matters

The Supreme Court has posted the transcript of today’s oral argument in the Gov. McDonnell case.  Bob Barnes (who is all over this story) says the Justices were “highly skeptical” of McDonnell’s conviction. I agree that a reversal seems likely. … Continue reading

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“Is Citizens United a Get-Out-of-Jail-Free Card for Bob McDonnell? The U.S. Supreme Court Will Decide”

Brendan Fischer: It is a common refrain that cases like Citizens United allow for “legalized bribery.” But few argue that the U.S. Supreme Court has literally legalized pay–to-play politics; such descriptions are usually shorthand for the systemic ways that big money in elections has … Continue reading

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Breaking and Analysis: Federal District Court Upholds Restrictive NC Voting Law in 485-Page Opinion

Federal district court judge Thomas Schroeder has issued this 485-page opinion considering constitutional and Voting Rights Act challenges to North Carolina’s 2013 restrictive voting law (which I have discussed in a number of places including this Harvard Law Review forum … Continue reading

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