“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

Share

“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

Share

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

Share

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

Share

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

Share

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

Share

Federal Court Rejects DNC Voting Rights Act Challenge to Arizona Rules About Counting Ballots Cast in Wrong Precinct, Prohibiting Most Collection of Absentee Ballots

You can find the 83-page opinion at this link. Near the end of the opinion, the court rejects treating race as party proxy argument: Based on the totality of the circumstances, Plaintiffs have not shown that the legislature enacted H.B. … Continue reading

Share

Breaking and Analysis: Divided 5th Circuit Rejects Latest Challenge to Texas’s Voter ID Law, But Prospect for Further Litigation Remains

You can find a majority opinion by Judge Jones, concurring opinion by Judge Higginbotham, and dissenting opinion by Judge Graves in Veasey v. Abbott at this link. In what I consider to be a fundamentally disingenuous analysis by 5th Circuit … Continue reading

Share