“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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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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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

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Trump DOJ Sides with Texas Again in Voter ID Case, Opposing Plaintiffs’ Motion to Lift Stay in Case

DOJ filing: The United States opposes private plaintiffs-appellees’ motion to lift the stay pending appeal that the motions panel entered on September 5, 2017. The parties’ merits briefs and oral argument before this Court only reinforce the strong likelihood that … Continue reading

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Timing is Everything Dep’t: 5th Circuit Denies Request for Initial En Banc Consideration of Texas Voter ID Case

The United States Court of Appeals for the Fifth Circuit has denied a request by opponents of Texas’s strict voter id law to have the state’s appeal of the ruling holding the law illegal and enacted with racially discriminatory purpose … Continue reading

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Careful New Study Finds at Least Thousands in Two Wisconsin Counties Didn’t Vote Because of Voter ID Requirements, Confusion Over Them

Careful new study led by Ken Mayer: A survey of registered voters in Dane and Milwaukee Counties who did not vote in the 2016 presidential election found that 11.2% of eligible nonvoting registrants were deterred by the Wisconsin’s voter ID … Continue reading

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Trump DOJ Argues Texas Should Be Allowed to Enforce Voter ID Law Court Struck Down Pending Appeal, Despite Intentional Discrimination Finding

New filing in the 5th Circuit does not even recognize that the trial court found Texas engaged in intentional racial discrimination in passing its voter id law and substitute, and that this finding allows for a broader remedy under the … Continue reading

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“Scrap new Texas voter ID law, plaintiffs tell federal judge”

Texas Tribune: A new law softening Texas’ strict voter identification requirements doesn’t absolve the lawmakers from intentionally discriminating against minority voters in 2011 — nor would it properly accommodate those voters going forward, the state’s opponents in a long-running lawsuit … Continue reading

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“U.S. For Voting Rights Advocates, Court Decision Is ‘Temporary Victory’”

Michael Wines in the NYT: It seemed like an important victory for voting rights advocates on Monday when the Supreme Court declined to reconsider an appellate decision striking down North Carolina’s restrictive voting law. But those who follow the arcana … Continue reading

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