“A Pivotal Moment for Election Law”

Josh Douglas has posted this draft on SSRN. Here is the abstract:

In this Forward to the Kentucky Law Journal Symposium Issue on Election Law, I chronicle the importance of Justice Scalia’s death to election law jurisprudence and explain how a replacement for Justice Scalia may change various aspects of election law doctrine. In particular, I examine how Justice Scalia’s death, and a new Justice, might impact the doctrine and theoretical underpinning of cases involving redistricting, the Voting Rights Act, campaign finance, and election administration. I also summarize the seven articles in this symposium issue, explaining how most of the proposals likely have a much better chance at adoption with a new Justice on the Court.

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