This is from a piece at The Bulwark on developments at the DNC:
DEMOCRATIC LEADERS ARE CONFIDENT they can retake the House in the 2026 midterms. But that optimism is increasingly clouded by fear thata blitz of legal challenges from… Continue reading
The Supreme Court granted cert. today in National Republican Senatorial Committee v. FEC. The Court also granted the motion of the DNC to intervene in the case. Last week, Bob Bauer and I posted on this blog about the legal… Continue reading
Thanks to Justin for blogging last week. I’ll be doing that this week, so send any suggestions you might have to me. We should have important cert. decisions and orders from the Supreme Court coming down this week.
The Court’s decision to set the case involving the interaction between the Voting Rights Act and the Fourteenth Amendment, Louisiana v. Callais, for re-argument came as a surprise. The supplemental order we will soon get identifying the new issues the… Continue reading
In response to this recent post from Justin, I would just briefly flag note 12 in the majority opinion: “There may be other injuries for which it is all but impossible for courts to craft relief that is complete and… Continue reading
This post is co-written with Bob Bauer, NYU Professor of Practice who formerly represented in private practice national and state Democratic Party committees:
Later this week, the Supreme Court will consider hearing a case next Term on whether the First… Continue reading
Proponents of ranked-choice voting often say the system will lead to more moderate candidates being elected. I don’t think that’s correct or the right way to put things. RCV makes it more likely that candidates who are the preference of… Continue reading
Bruce Mehlman, at Mehlman Consulting, has put together this data showing a dramatic shift that takes place in the late 1960s/1970s about whether lengthy prior experience in Washington, DC appears to be an advantage or a disadvantage in presidential elections.… Continue reading
In a couple of earlier posts, here and here, I explained the mix of politics and Voting Rights Act issues involved in the Louisiana v. Callais case. The specific issue is whether LA engaged in unconstitutional racial gerrymandering when it… Continue reading
Bost v. Illinois State Board of Elections raises important questions about who, if anyone, has standing to bring federal challenges to certain types of election laws in advance of an election. These are laws that expand opportunities to vote but… Continue reading
The Supreme Court issued a major decision today involving NEPA, the National Environmental Policy Act, in Seven County Infrastructure Coalition v. Eagle County Co. Here’s a slightly modified version of a thread I posted on X regarding the significance of… Continue reading
As a practical matter, the issue in Louisiana v. Callais is not whether LA will have a second Voting Rights Act (VRA) district, in which black voters will have an equal opportunity to elect their candidate of choice. The issue… Continue reading
At an earlier stage of Judge Griffin’s attempt to challenge the election results in the contest for the North Carolina Supreme Court seat, I had written that the state court of appeals decision to call into question over 61,000 ballots… Continue reading