George Packer on the end of American democracy and how to avoid this grim scenario: If the end comes, it will come through democracy itself. Here’s one way I imagine it could happen: In 2024, disputed election results in several… Continue reading

Deep dive by Barton Gellman into developments that could enable future election subversion. Technically, the next attempt to overthrow a national election may not qualify as a coup. It will rely on subversion more than violence, although each will have… Continue reading

This new article of mine just came out in the NYU Law Review. The piece skeptically considers a new legal theory that emerged during the 2020 election — that overly lax voting rules are unconstitutional because they enable fraud that… Continue reading

Rob Yablon recently posted a terrific new article, Gerrylaundering, criticizing mapmakers who prioritize changing districts as little as possible when they redistrict. Gerrylaundering, Yablon points out, is especially pernicious when the prior plan was a gerrymander. In that case,… Continue reading

I did this Q&A for Democracy Docket on redistricting, measures of partisan fairness, computer algorithms, and more. Here’s the last question and answer from our exchange: Now that the Supreme Court has held partisan gerrymandering claims to be non-justiciable, what… Continue reading

Desmond Meade won the MacArthur genius grant earlier this week for his campaign to restore voting rights to people with felony convictions in Florida. Michael Morse recently wrote about his historic effort and what Amendment 4 means for the future… Continue reading

Constitutional Commentary has published this article of mine on Congress’s authority to regulate elections. Here’s the abstract: Congress is on the cusp of transforming American elections. The House recently passed a bill that would thwart voter suppression, end gerrymandering, and… Continue reading

Thanks to Travis for his terrific summary of the John Lewis Voting Rights Advancement Act, which was finally introduced yesterday. A few observations about the bill: 1. Crossover districts: Instead of overriding Bartlett v. Strickland and allowing plaintiffs to win… Continue reading

Rick Pildes and Ned Foley have recently posted about making districts more competitive in the next round of redistricting. Competition is plainly an appealing value. As Philip Edward Jones has shown, voters are better informed when races are more… Continue reading

Jon Gould and I wrote this column in the Atlantic about election reforms that Congress could pursue through budget reconciliation. This is definitely a Plan B compared to enacting the For the People Act and the John Lewis VRA through… Continue reading

In a recent post, Ned expresses skepticism about the House exercising its power to judge its members’ elections. I agree that it’s a difficult political question whether the House should invoke its Article I, Section 5 authority. But as I… Continue reading

I had the chance to testify at today’s House hearing on Brnovich and its implications along with Sean Morales-Doyle, Robert Popper, and Ezra Rosenberg. My written testimony can be found here, and a few excerpts are below (focusing on… Continue reading