Last week, the Supreme Court issued a decision in Haaland v. Brackeen regarding the constitutionality of the Indian Child Welfare Act. Hardly the stuff of election law. But two small parts of the opinion stood out to me. First, the… Continue reading
One argument raised by Alabama in its brief in Allen v. Milligan was that Section 2 is unconstitutional–at least, unconstitutional if Gingles were interpreted the way the trial court interpreted it. That prompted the bulk of concerned reaction in a… Continue reading
Let me offer something that may (?) be a bit (!) speculative (and which Jonathan Adler already hinted at elsewhere).
To star, I can’t help but look back at some of the statements made during oral argument about how… Continue reading
There will surely be more to discuss, but I wanted to flag these parallels in Chef Justice Roberts’ opinions.
First, from Shelby County v. Holder (2013):
Second, from Allen v. Milligan (2023):
The Des Moines Register covers a new law signed by Governor Kim Reynolds, HF 716, that tweaks a few aspects of elections in Iowa. The bill was revised substantially from the time it was first introduced and solved major… Continue reading
A Nevada news outlet has the details here, and the news release from the Nevada Republican Party is here. It took me a while to find the complaint, which was filed in state court last week in a… Continue reading
Send your tips and questions to Guy! I’m grateful for the opportunity to step in this week and have cleared out my queue of pending legal questions for the moment….
Carissa Byrne Hessick, Michael Morse, and Nathan Pinnell, Donating to the District Attorney (forthcoming, UC Davis Law Review):
The United States is the only country that elects its local prosecutors. In theory, these local elections could facilitate local control of… Continue reading
Derek T. Muller, Ballot Access (forthcoming, Oxford Handbook of American Election Law):
Voters use ballots to choose their preferred candidates or to express support or opposition to ballot initiatives and referenda. There are many and diverse rules for how these… Continue reading
Justin Weinstein-Tull, Federal Election Administration Laws (forthcoming, Oxford Handbook of American Election Law):
Although states and local governments administer elections in the United States, the federal government has also enacted laws that regulate election administration. Most prominent among these laws… Continue reading