John Harwood NYT Article Blames Lack of Technical Corrections on ACA Bill on Partisan Polarization

This on King v. Bruwell seems clearly right, and formed the background of my recent LA Times oped, which included this passage:   Even if Congress were to come together in a bipartisan way to override some statutory interpretations of … Continue reading

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“Things Aren’t Going That Well Over There Either: Party Polarization and Election Law in Comparative Perspective”

David Schleicher has posted this draft of SSRN (forthcoming, University of Chicago Legal Forum).  Here is the abstract: One of, if not the, most important change in American political life over the last 30 or so years has been the rise … Continue reading

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“In state Capitol, intransigence gives way to bipartisan deal-making”

Important report from Chris Megerian in the LAT.  What’s really interesting is that Chris does not mention either the top-two primary or citizen redistricting as connected to this new (perhaps temporary) period of bipartisan cooperation.  I’ve been skeptical of claims … Continue reading

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“Bad Readers: The judges who ruled against Obamacare are following Scalia down a terrible path of interpretation.”

I have written this new Jurisprudence essay for Slate. It begins: Unless you are a lawyer or a glutton for punishment, you probably want to avoid reading the new D.C. Circuit and 4th Circuit opinions reaching conflicting results on the … Continue reading

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65 Ways to Improve Our Democracy

Today the Bipartisan Policy Center’s Commission on Political Reform rolled out its recommendations and report today on strengthening American democracy.   Academics are usually on the outside looking in for such processes, but I was lucky enough to serve as one … Continue reading

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“Governing in a Polarized America: A Bipartisan Blueprint to Strengthen our Democracy”

Release: The Bipartisan Policy Center launched the Commission on Political Reform in 2013 to investigate the causes and consequences of America’s partisan political divide and to advocate for specific reforms that will improve the political process and that will work … Continue reading

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