Is it Possible to Be In Favor of a Right-to-Vote Amendment but Against Amending the Constitution? Yes.

The DNC Executive Committee has just endorsed the idea that we should amend the Constitution to add a right to vote. I’m entirely in favor of a constitutional right to vote. But I’m against amending the Constitution to add it. … Continue reading

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Justice Kennedy Channels John Hart Ely: Windsor’s Effort to Clear the Channels of Political Change

For the last few days, I’ve been blogging about a new paper of mine on Windsor v. United States over on Balkinization (here, here, and here). I offer a new spin on it, one that invokes Ely’s Democracy and Distrust … Continue reading

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“Voter ID Facts and Motivation: Easterbrook v. Posner”

Bauer finds the difference between Judges Easterbrook and Posner (and the difference between Crawford and the instant Wisconsin struggle) to be their consideration of legislative motive. Maybe.  But I think there’s (perhaps also) a difference between the quality of the factual … Continue reading

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Breaking News: SCOTUS issues NC order, restrictions back in effect

Sure, just after Rick leaves.  Late Wednesday, the Supreme Court stayed the 4th Circuit’s earlier opinion blocking North Carolina’s rollback of same-day registration and its decision to no longer count ballots cast out-of-precinct.    Free of the double negatives: the … Continue reading

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