“Judicial Intervention as Judicial Restraint”

Guy-Uriel Charles and Luis Fuentes-Rohwer have a new piece forthcoming in the Harvard Law Review, on partisan gerrymandering and justiciability: This paper examines the Court’s decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account … Continue reading

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“How Justice Kennedy’s Successor Will Wreak Havoc on Voting Rights and American Democracy”

I have written this piece for Slate. It begins: Justice Anthony Kennedy, who announced his retirement from the Supreme Court last week, was certainly the “swing justice” in key cases on major issues from abortion to gay rights. But when … Continue reading

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“Suppression of Minority Voting Rights Is About to Get Way Worse; The Supreme Court has put its thumb on the scales in favor of discriminatory states.”

I have written this piece for Slate. It begins: On Monday, five years to the day that the Supreme Court decided Shelby County v. Holder, a case in which the court struck down a key provision of the Voting Rights Act with assurances that other … Continue reading

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Five Years After John Roberts Says Federal Supervision of Voting Rules No Longer Necessary in South, and 2 Years After 4th Circuit Said North Carolina Targeted African Americans “with Almost Surgical Precision”, NC Suppression is Back

Thwarted before, N.C. GOP wants photo ID mandate: North Carolina legislative Republicans on Thursday advanced their goal of permanently requiring voters to show photo identification — a proposal previously thwarted this decade by veto and federal judges who declared a … Continue reading

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My First Post at Just Security: “Will the Supreme Court’s Understanding of the First Amendment Thwart Laws Aimed at Limiting Foreign Influence in U.S. Elections?”

I have written this post for Just Security, which is the second in their series on potential legal gaps exposed by events related to the 2016 election. It begins: By now everyone is familiar with attempts by the Russian government and others … Continue reading

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Eighth Circuit, Citing Purcell Principle About Not Changing Election Rules Close to Elections, Rejects North Dakota’s Attempt to Revive Voter ID Law for Now

Order: The State of North Dakota moves to stay the district court’s injunction of April 3, 2018, concerning certain subsections of the North Dakota elections statute, N.D.C.C. § 16.1-01- 04.1. Based primarily on the imminent primary election date of June … Continue reading

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Common Cause Wins Preliminary Injunction Against Indiana Voter Purge Program Based on Kobach-Led Cross-Check Program

From the court’s decision preliminarily enjoining Indiana’s purge system as violating the NVRA: Regarding the likelihood of success on the merits, the Court determines that Common Cause has a high likelihood of success on the merits of its claim that … Continue reading

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