Judge Easterbrook Asks in WI Case: Why Can’t Republicans Make “Pro-Republican Changes” to Make It Harder to Vote?

In the oral argument in today’s Wisconsin [corrected] case, around the 29 minute mark, Judge Easterbrook asks plaintiffs’ counsel: “A large part your brief reads as if the argument is: ‘When Democrats are in control they are free to expand voting. When Republicans in control they are prohibited from making any pro-Republican changes.’ That can’t be right… Why are the standards when Republicans are in control any different from when Democrats are in control?”

So “pro-Republican changes” must equal contracting the right to vote. And that’s ok?

I do address the one-way ratchet issue in these vote denial cases in this piece,

Another issue in the case is whether treating counties rather than voters is constitutional. I address that question in: When is Uniformity of People, Not Counties, Appropriate in Election Administration? The Cases of Early and Sunday Voting”, 2015 University of Chicago Legal Forum 193 (2015).



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