At the NYU Democracy Project: How Philanthropies Fuel the Extremes

October 16, 2025, 6:02 amUncategorizedRichard Pildes

From Daniel Stid’s essay today, titled ‘First, Do No Harm!’ Five Steps Philanthropy Should Take to Bolster Liberal Democracy: To be clear, responsible pluralism ultimately depends not on what specific causes philanthropic funders support but rather on how they… Continue reading

Miscellaneous thoughts on Callais

October 16, 2025, 3:55 amSupreme CourtDerek Muller

I confess, I’ve found the litigation saga surrounding Callais quite complicated (including what, precisely, re-argument was supposed to accomplish, and why Justice Thomas wrote separately this summer frustrated at the prospect of re-argument), and oral argument on Wednesday didn’t really… Continue reading

Read the Transcript in Today’s Oral Argument in the Louisiana v. Callais Voting Rights Case Before the Supreme Court

October 15, 2025, 1:29 pmSupreme Court, Voting Rights ActRick Hasen

You can find it here.

Callais Re-Argument Recap

October 15, 2025, 12:38 pmredistricting, Supreme Court, Voting Rights ActTravis Crum

Earlier today, I attended the oral argument in Callais. My global takeaway is a bit more sanguine than Rick’s. When the case was set for re-argument, the new QP flagged Section 2’s constitutionality: whether it constitutes a compelling governmental… Continue reading

“Live Updates: Supreme Court Appears Poised to Upend Key Provision of Voting Rights Act”

October 15, 2025, 12:12 pmUncategorizedVoting Rights Act; Section 2Spencer Overton

NY Times: In a dispute over a Louisiana voting map, the conservative majority signaled it might prohibit using race as a factor in creating election districts. Resulting redistricting could let states cement Republican control of Congress….

Quick thought about Callais

October 15, 2025, 11:18 amUncategorizedNed Foley

Given all the discussion in today’s oral argument about the “congruence and proportionality” test under Boerne for assessing the scope of congressional enforcement power under the Fourteenth and Fifteenth Amendments (an issue I addressed in my first SCOTUSblog post on … Continue reading

Early Signs from Oral Argument in Callais Suggest that Section 2 of the Voting Rights Act is in Real Trouble

October 15, 2025, 7:58 amSupreme Court, Voting Rights ActRick Hasen

As I explained back in August, the Supreme Court reached and and in the most opaque way on a late Friday afternoon in mid-summer, the Court turned a ho-hum racial gerrymandering case where the court had to determine whether race… Continue reading

NYVRA Oral Argument

October 15, 2025, 5:49 amUncategorizedNicholas Stephanopoulos

This is a big week for voting rights oral arguments. Yesterday, before the New York Court of Appeals, I argued on behalf of the plaintiffs in Clarke v. Town of Newburgh, a challenge to the town’s at-large electoral system… Continue reading

“Educating Citizens on the Complexities of Democracy”

October 14, 2025, 6:41 pmUncategorizedNed Foley

I’m honored to be included in NYU Democracy Project’s “100 ideas in 100 days” series. Here’s my contribution. It makes a point about the need for high school civics education to include a component on the philosophy… Continue reading

“I chaired the US Federal Election Commission. Now there’s no cop on the beat”

October 14, 2025, 6:16 pmUncategorizedCampaign finance, FECSpencer Overton

Ellen Weintraub commentary in The Guardian: ….American democracy may be under attack, but billionaire mega-donors are fully engaged in protecting their own interests. And as we head into what will undoubtedly be another multibillion-dollar election year, the agency… Continue reading

“U.S. Attorney Was Forced Out After Clashes Over How to Handle Russia Inquiry”

October 14, 2025, 6:14 pmUncategorizedSpencer Overton

NY Times: Career prosecutors at the Justice Department do not believe criminal charges are warranted from an investigation seeking to discredit an earlier F.B.I. inquiry into Russia’s attempt to tilt the 2016 election in President Trump’s favor, according to… Continue reading

Tuning into the Live Audio Stream of Callais Oral Arguments

October 14, 2025, 6:13 pmUncategorizedCallais, Redistricting; Louisiana, Voting Rights Act; Section 2Spencer Overton

You can do so here starting at 10 am ET on Wednesday, Oct. 15. If you’ve been busy, here’s Amy Howe’s SCOTUSblog summary of the issues and links to briefs.

Originalism and Expiration Dates

October 14, 2025, 11:30 amredistricting, Supreme Court, theory, Voting Rights ActTravis Crum

Tomorrow, the Supreme Court will hold a rare re-argument in Louisiana v. Callais on whether Section 2 of the VRA is unconstitutional as applied to redistricting. I’ve filed an amicus brief arguing that Shaw should be overturned—a point that my… Continue reading

Section 2’s Limits

October 14, 2025, 10:26 amredistricting, Supreme Court, Voting Rights ActTravis Crum

Sparked by Nick Stephanopolous’s amicus brief, there’s been discussion on this blog about Section 2’s limits and how that might impact tomorrow’s re-argument in Callais. To help readers understand the import of this controversy with a real-world example, I… Continue reading