“Legislative Delegations and the Elections Clause”

Derek Muller has posted this draft on SSRN (forthcoming, FSU Law Review).  Here is the abstract: Arizona State Legislature v. Arizona Independent Redistricting Commission might be viewed as a dispute about the control over redistricting, with a heavy emphasis on the … Continue reading

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“When ‘Legislature’ May Mean More than ‘Legislature': Initiated Electoral College Reform and the Ghost of Bush v. Gore”

I wrote this piece in 2008 for the Hastings Constitutional Law Quarterly. After the AZ case, I can say that I now think it is very likely that initiated electoral college reform would satisfy the Legislature requirement of Article II. Here’s the abstract: … Continue reading

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“Mindlessly Literal Reading Loses Again; This Supreme Court decision is a dig at Bush v. Gore.”

Here’s my piece at Slate on today’s AZ redistricting ruling from the Supreme Court.  It begins: The Supreme Court ended its term Monday with another major rejection of conservative attempts to use wooden, textualist arguments to upset sensible policies. The … Continue reading

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“Kris Kobach asks U.S. Supreme Court to restore his proof-of-citizenship law”

Wichita Eagle: Kansas Secretary of State Kris Kobach is asking the U.S. Supreme Court to overturn an appeals court decision and restore a state law he wrote requiring proof-of-citizenship documents to register to vote. Kobach wants the Supreme Court to … Continue reading

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Analysis: Supreme Court Looks to Endanger Citizen Redistricting Commissions and MORE

I have now had a chance to review the transcript in Arizona State Legislature v. Arizona Independent Redistricting Commission and the news is not good. It appears that the conservative Justices may be ready to hold that citizen redistricting commissions which have … Continue reading

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Podcast with Michael Morley on Arizona Redistricting Case

Northwestern University Law Review Online is pleased to announce its publication of a podcast with Professor Michael Morley discussing his recent essay, The Intratextual Independent “Legislature” and the Elections Clause.    In the essay, Professor Michael Morley assesses the Constitution’s Elections … Continue reading

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“The Intratextual Independent ‘Legislature’ and the Elections Clause”

Northwestern University Law Review Online is pleased to announce its publication of Professor Michael Morley’s most recent essay, The Intratextual Independent “Legislature” and the Elections Clause. In the essay, Professor Michael Morley assesses the Constitution’s Elections Clause and how the Supreme Court might interpret the clause in Arizona State Legislature … Continue reading

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